CETA

Published on 26 September 2014

Consolidated CETA Text

The text of the CETA agreement is made public here exclusively for
information purposes. The text presented in this document is the text at the end
of the negotiations conducted by the European Commission. It will be subject to
legal revision in order to verify the internal consistency and to ensure that the
formulations of the negotiating results are legally sound. It will thereafter be
transmitted to the Council of the European Union and to the European
Parliament for ratification. The text presented in this document is not binding
under international law and will only become so after the completion of the
ratification process.

Draft Table of Contents for a Consolidated CETA Text

[Note: the order of this table of content is a working table only for the purpose of
producing the initial consolidated text; as such it is without prejudice to the final
order to be discussed and agreed during legal review]

1. PREAMBLE

2. INITIAL PROVISIONS AND GENERAL DEFINITIONS
Annex: Amendments to Wines and Spirits Agreements

3. NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS
Annex: Tariff Elimination (including schedules of tariff concessions)
[schedules attached separately]

4. RULES OF ORIGIN and ORIGIN PROCEDURES Protocol
Section A: General Provisions
Section B: Rules of Origin
Section C: Origin Procedures
o Annex 1: Product Specific Rules of Origin [attached separately]
Appendix 1: Origin Quotas and Alternatives to the Product-
Specific Rules of Origin
o Annex 2: Tolerance for Textile and Apparel Products
o Annex 3: Text of the Origin Declaration
o Annex 4: Supplier's Statement for Non-Originating Materials Used in
the Production of Non-Originating Products
o Annex 5: Matters Applicable to Ceuta and Mellila

5. TRADE REMEDIES

6. TECHNICAL BARRIERS TO TRADE (TBT)
Annex: COOPERATION IN THE FIELD OF MOTOR VEHICLE
REGULATIONS

7. SANITARY AND PHYTOSANITARY MEASURES (SPS)
Annex I: Competent Authorities
Annex II: Regional Conditions
Annex III: Process of Recognition of Regional Conditions
Annex IV: Guidelines for the Determination, Recognition and Maintenance
of Equivalence
Annex V: Recognition of Measures
Annex VI: Approval of Establishments or Facilities
Annex VII: Procedure Related to Specific Import Requirements for Plant
Health
Annex VIII: Principles and Guidelines for Conducting an Audit or

Verification
Annex IX: Export Certification
Annex X: Import Checks and Fees

8. CUSTOMS AND TRADE FACILITATION

9. SUBSIDIES

10. INVESTMENT
Annex: Exclusions from Dispute Settlement (per the ICA exclusion)
Annex: Indirect Expropriation
Annex: Public Debt
Declaration on IPR and Expropriation
Declaration Denial of Benefits and National Security Exception

11. CROSS-BORDER TRADE IN SERVICES
Understanding on National Treatment (Internal Trade Agreements)
Understanding on New Services

12. TEMPORARY ENTRY
Appendix A: EU Member States list of contact points
Appendix B: Member State-specific reservations and exceptions for key
personnel and short-term business visitors
Appendix C: Equivalent Qualifications for Engineering Technologies and
Scientific Technologists
Appendix D: Short term business visitors activities
Annex: SECTORAL COMMITMENTS ON CONTRACTUAL SERVICES
SUPPLIERS AND INDEPENDENT PROFESSIONALS
UNDERSTANDING ON SPOUSES

13. MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS
Annex: Guidelines for Agreements on the Mutual Recognition of
Professional Qualifications

14. DOMESTIC REGULATION

15. FINANCIAL SERVICES
Annex X: Cross-Border Trade in Financial Services
Annex X: Guidance on Prudential Carve-Out
Annex X: Understanding on Dialogue in the Financial Services Sector

16. INTERNATIONAL MARITIME TRANSPORT SERVICES

17. TELECOMMUNICATIONS

18. ELECTRONIC COMMERCE

19. COMPETITION POLICY

20. STATE ENTERPRISES, MONOPOLIES AND ENTERPRISES GRANTED
SPECIAL RIGHTS (MSE)

21. GOVERNMENT PROCUREMENT
Appendix: Canada Market Access Offer [attached separately]
Appendix: EU Market Access Offer [attached separately]

22. INTELLECTUAL PROPERTY
Annex I: Geographical Indications identifying a product originating in the
EU (Part A) or in Canada (Part B)
Annex II: Terms referred to in Articles X.6.11 and X.6.12
Annex III: Product Classes

23. TRADE AND SUSTAINABLE DEVELOPMENT

24. TRADE AND LABOUR

25. TRADE AND ENVIRONMENT

26. REGULATORY COOPERATION

27. PROTOCOL ON THE MUTUAL ACCEPTANCE OF THE RESULTS OF
CONFORMITY ASSESSMENT
Annex I: Product Coverage
Annex II: Priority categories of goods for consideration for inclusion in
Annex I pursuant to Article 1(2)
Annex III: Information to be Included as part of a Designation

28. PROTOCOL ON THE GOOD MANUFACTURING PRACTICES FOR
PHARMACEUTICAL PRODUCTS

29. DIALOGUES AND BILATERAL COOPERATION
ENHANCED COOPERATION ON SCIENCE, TECHNOLOGY,
RESEARCH & INNOVATION (STRI)
BILATERAL DIALOGUE ON RAW MATERIALS
BILATERAL COOPERATION ON BIOTECHNOLOGY
BILATERAL DIALOGUE ON FOREST PRODUCTS

30. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS

31. TRANSPARENCY

32. EXCEPTIONS

33. DISPUTE SETTLEMENT
Annex I: Rules of Procedure for Arbitration
Annex II: Code of Conduct for Members of Arbitration Panels and
Mediators Definitions
Annex III: Mediation Procedure

34. FINAL PROVISIONS

35. SERVICES AND INVESTMENT
Reservations Annexes (I and II) [attached separately]
FS: Market Access Offer Annex [attached separately]

36. Joint Declarations Concerning the Principality of Andorra and the Republic of San
Marino

37. Declaration on TRQ Administration

38. Declaration Concerning Rules of Origin for Textiles and Apparel

39. Declaration on the ICA

40. Joint Declaration

41. Declaration on Wines and Spirits

42. Understanding on Courier Services

Preamble
Published of 26 September 2014
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1. PREAMBLE

CANADA EU CETA PREAMBLE TEXT
The parties resolve to
DESIRE to further strengthen their close economic relationship and build on their respective
rights and obligations under the Marrakesh Agreement Establishing the World Trade
Organization 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 and predictable mutually advantageous rules to govern their
trade and investment;
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;
DETERMINED to implement this Agreement in a manner consistent with the enhancement of
the levels of labour and environmental protection and the enforcement of their labour and
environmental laws and policies, building on their international commitments on labour and
environment matters;
ENCOURAGE enterprises operating within their territory or subject to their jurisdiction to
respect internationally recognized standards and principles of corporate social responsibility,
notably the OECD Guidelines for multinational enterprises and to pursue best practices of
responsible business conduct;
AND,
RECOGNIZING that the protection of investments, and investors with respect to their
investments, stimulates mutually beneficial business activity;
RECOGNIZING the importance of international security, democracy, human rights and the rule
of law for the development of international trade and economic cooperation;
REAFFIRMING their strong attachment to democracy and to fundamental rights as laid down
in the Universal Declaration of Human Rights and sharing the view that the proliferation of
weapons of mass destruction poses a major threat to international security;
RECOGNIZING that the provisions of this Agreement preserve the right to regulate within
their territories and resolving to preserve their flexibility to achieve legitimate policy objectives,
such as public health, safety, environment, public morals and the promotion and protection of
cultural diversity; and
AFFIRMING their commitments as Parties to the UNESCO Convention on the Protection and
Promotion of the Diversity of Cultural Expressions and recognizing that states have the right to
Preamble
Published of 26 September 2014
7
preserve, develop and implement their cultural policies, and to support their cultural industries
for the purpose of strengthening the diversity of cultural expressions, and preserving their
cultural identity, including through the use of regulatory measures and financial support.
RECOGNIZING the strong link between innovation and trade, and the importance of
innovation to future economic growth, Canada and the European Union affirm 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 promoting the involvement of
relevant public and private sector entities;
HAVE AGREED as follows:

8
Initial Provisions and General Definitions

9
2. INITIAL PROVISIONS AND GENERAL DEFINITIONS

INITIAL PROVISIONS AND GENERAL DEFINITIONS

Section A General Definitions

[Article X.01: Definitions of General Application

For purposes of this Agreement, unless otherwise specified:

Commission means the Trade Commission established under Article X.01 (Administration of
the Agreement);

Coordinators means the Agreement Coordinators established under Article X.02
(Administration of the Agreement);

customs duty includes a customs or import duty and a charge of any kind imposed on or in
connection with the importation of a good, including a form of surtax or surcharge in connection
with that importation, but does not include a:

(a) charge equivalent to an internal tax imposed consistently with Article III:2 of the
GATT 1994, in respect of like, directly competitive or substitutable goods of the
Party, or in respect of goods from which the imported good has been
manufactured or produced in whole or in part;

(b) anti-dumping or countervailing duty that is applied pursuant to a Partys domestic
law;

(c) fee or other charge in connection with importation commensurate with the cost of
services rendered; and

(d) premium offered or collected on an imported good arising out of any tendering
system in respect of the administration of quantitative import restrictions, tariff
rate quotas or tariff preference levels;

Customs Valuation Agreement means the WTO Agreement on Implementation of Article VII of
the General Agreement on Tariffs and Trade 1994;

days means calendar days, including weekends and holidays;

enterprise means an entity constituted or organized under applicable law, whether or not for
profit, and whether privately owned and controlled or governmentally owned and 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;

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GATS means the WTO General Agreement on Trade in Services;

GATT 1994 means the WTO General Agreement on Tariffs and Trade 1994;

goods of a Party means domestic products as these are understood in the GATT 1994 or such
goods as the Parties may agree, 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 Harmonized System;

measure includes a law, regulation, procedure, requirement or practice;

national means a natural person who is a citizen according to Article X.02, or is a permanent
resident of a Party;

originating means qualifying under the rules of origin set out in [Chapter] X (Rules of Origin);

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 respective duty rate under this
Agreement to an originating good, pursuant to the tariff elimination schedule;

sanitary or phytosanitary measure means a measure referred to in Annex A, paragraph 1 of the
SPS Agreement;

SCM Agreement means the WTO Agreement on Subsidies and Countervailing Measures;

SPS Agreement means the WTO Agreement on the Application of Sanitary and Phytosanitary
Measures;

state enterprise means an enterprise that is owned, or controlled through ownership interests, by
a Party;

subheading means a six-digit number, or the first six digits of a number, used in the
nomenclature of the Harmonized System;

tariff classification means the classification of a good or material under a chapter, heading or
subheading of the Harmonized System;

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tariff elimination schedule means Annex X.1;

TBT Agreement means the WTO Agreement on Technical Barriers to Trade;

TRIPS Agreement means the WTO Agreement on Trade-Related Aspects of Intellectual
Property Rights;

WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization,
done on 15 April 1994. ]

Article X-02: Country-specific Definitions

For purposes of this Agreement, unless otherwise specified:

[citizen means, with respect to Canada, a natural person who is a citizen of Canada under
Canadian legislation.]

[CDN: Central means:

(a) with respect to Canada, the Federal Government; and

(b) with respect to the European Union, the European Union and Member States

Sub-central means all other levels of government within a Party including regional, territorial,
provincial or local government.]

Geographical scope of application
Unless otherwise specified, this Treaty shall apply:

(a) [with respect to Canada, (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 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) [with respect to the EU, the territories in which the Treaty on the European Union
and the Treaty on the Functioning of the European Union Treaty are applied and
under the conditions laid down in those Treaties.] [As regards those provisions
concerning the tariff treatment of goods, this Agreement shall also apply to those
areas of the EU customs territory not covered by the first sentence.]

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Section B Initial Provisions

Article X.03: Establishment of the Free Trade Area

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

Article X.04: Relation to Other Agreements

1. The Parties affirm their rights and obligations with respect to each other under the WTO
Agreement and other agreements to which the Parties are party.

2. [Others to be determined.]

Article X.05: Incorporation of Wines and Spirits Agreements

1. The Agreement between the European Economic Community and Canada concerning
Trade and Commerce in Alcoholic Beverages, done at Brussels February 28, 1989, as
subsequently amended, (the 1989 Agreement) and the Agreement between the European
Community and Canada on Trade in Wines and Spirit Drinks, done at Niagara-on-the-Lake,
September 16, 2003 (the 2003 Agreement) are incorporated into and made part of this
Agreement, as amended by Annex X.05.

2. In the event of any inconsistency between a provision of the 1989 or 2003 Agreement, as
amended and incorporated into this Agreement, and any other provision of this Agreement, such
a provision of the 1989 or 2003 Agreement prevails to the extent of the inconsistency.

Article X.06: 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 X.07: Reference to Other Agreements

Where this Agreement refers to or incorporates by reference other agreements or legal
instruments in whole or in part, such references include related footnotes, interpretative and
explanatory notes. Except where the reference affirms existing rights, such reference also
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includes, as the case may be, successor agreements to which the Parties are party or amendments
binding on the Parties.

Article X.08: Rights and Obligations Relating to Water

1. The Parties recognize that water in its natural state, such as water in lakes, rivers, reservoirs,
aquifers and water basins, is not a good or a product and therefore, except for Chapter XX
Trade and Environment and Chapter XX Sustainable Development, is not subject to the terms
of this Agreement.

2. Each Party has the right to protect and preserve its natural water resources and 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. Where a Party permits the commercial use of a specific water source, it shall do so in a
manner consistent with the Agreement.

Article X.09: Persons Exercising Delegated Government 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 Partys obligations as set out under this Agreement in
the exercise of that authority.

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Annex X.05 Amendments to Wines and Spirits Agreements

Section 1

The 2003 Agreement shall be amended as follows:

a) Article 27(3), first indent, shall read "- adopting amendments to the Annexes of this
Agreement by means of a decision."

b) Title VIII to be deleted

c) Article 8(1) last 2 sentences- shall read as follows: "Either Contracting Party may
seek consultations provided for in CETA Article 14.4. Should such consultations fail to
resolve the matter, either Contracting party may notify, in writing, the other Contracting
Party of its decision to refer the issue to arbitration under CETA Articles 14.6 through
14.10."

d) Article 9(2) first paragraph shall read as follows: "By way of derogation from
paragraph 1, where a Contracting Party has invoked the objection procedure provided for
in Article 8, the Contracting Parties shall act in accordance with the outcome of the
consultations, unless the matter is referred to the arbitration procedure foreseen in CETA
Articles 14.6 through 14.10, in which case: "

e) When CETA Articles 14.6 through 14.10 are applied in the course of the procedure
referred to in Article 9(2) of the 2003 Wine and Spirits Agreement, they shall apply
mutatis mutandis.

Section 2

Article 1 of the 1989 Agreement, as amended by Annex VIII to the 2003 Agreement, shall have
the following definition added:

"competent authority" means any government or commission, board or other governmental
agency of either Party that is authorised by law to control the sale of wines and distilled spirits.

Section 3

Article 2(2)(b) of the 1989 Agreement, as amended by Annex VIII to the 2003 Agreement, shall
be replaced by the following:

(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.

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Section 4

Article 4 of the 1989 Agreement, as amended by Annex VIII to the 2003 Agreement, shall be
replaced by the following:

Article 4 Commercial Treatment

1. Competent authorities shall, in exercising their responsibilities for the purchase,
distribution and retail sale of product 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 5

Article 4(a) of the 1989 Agreement, as amended by Annex VIII to the 2003 Agreement, shall be
replaced by the following:

4(a) 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
of 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 products 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 request within
one year of the entry into force of the Agreement between the European Union and Canada
on trade in wines and spirit drinks and thereafter on request at intervals of not less than
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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 4(a)(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. The
other party will respond to requests in writing within 60 days of their receipt.

Section 6

The 1989 Agreement, as amended by Annex VIII to the 2003 Agreement, is modified by adding
Article 4 (b):

Article 4 (b)
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.

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Trade in Goods text
19
3. NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

TITLE ON TRADE IN GOODS

Chapter X
National Treatment and Market Access for Goods

ARTICLE 1: OBJECTIVE

The Parties shall progressively liberalise trade in goods over a transitional period
starting from the entry into force of this Agreement in accordance with the provisions
of this Agreement.

ARTICLE 2: SCOPE

This Chapter applies to trade in goods of either Party, as defined in the Initial
Provisions and General Definitions Chapter, except as otherwise provided in this
Agreement.

ARTICLE 3: DEFINITIONS

For purposes of this Chapter [EC: the following definitions apply:]

Agricultural good: [means] A product listed in Annex 1 of the WTO Agreement on
Agriculture with any subsequent changes agreed in the WTO to be automatically
effective for this Agreement;

Customs duty: [means] Any duty or charge of any kind imposed on or in connection
with the importation of a good, including any form of surtax or surcharge imposed on
or in connection with such importation [EC:. It] [CN:, but] does not include any:

(a) charge equivalent to an internal tax imposed consistently with Article [4
(National Treatment)] of this Agreement;

(b) duty imposed pursuant to a Partys domestic law consistently with Chapter ...
[Trade Remedies]

(c) measure applied consistently with the provisions of Article VI or Article XIX of
the GATT 1994, the WTO Agreement on Implementation of Article VI of the GATT
1994, the WTO Agreement on Subsidies and Countervailing Measures, the WTO
Agreement on Safeguards, and Article 22 of the Dispute Settlement Understanding.

(d) fee or other charge imposed consistently with Article VIII of GATT;

ARTICLE 4: 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 the obligations contained
Trade in Goods text
20
in Article III of the GATT 1994, are incorporated into and made part of this
Agreement.

2. The provisions of paragraph 1 mean, with respect to a measure taken by a
government in Canada other than at the federal level or by a government of or in a
European Union Member State, treatment no less favourable than that accorded by
that government to like, directly competitive or substitutable goods, as the case may
be, of Canada or the Member State respectively.

3. This Article does not apply to a measure, including that measures continuation,
prompt renewal or amendment, in respect of Canadian excise duties on absolute
alcohol, as listed under tariff item 2207.10.90 in Canadas Schedule of Concessions
annexed to the Marrakesh Protocol (Schedule V), used in manufacturing under the
existing provisions of the Excise Act, 2001, 2002, c.22, as amended.

ARTICLE 5: 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 Annex X-5 and the Schedules set out therein (hereinafter
referred to as the Schedules). For the purposes of this Chapter, originating means
originating in either Party under the rules of origin set out in Chapter X (Rules of
Origin and Origin Procedures).

2. For each good, the base rate of customs duties, to which the successive reductions
are to be applied under paragraph 1, shall be that specified in Annex X-5.

3. For goods that are subject to tariff preferences as listed in a Partys Schedule, 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 either 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 by the Parties in 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 their Schedules for that good when approved by each
Party in accordance with its applicable legal procedures.

ARTICLE 6: RESTRICTION ON DUTYDRAWBACK, DUTY DEFERRAL
AND DUTY SUSPENSION PROGRAMS

1. Subject to paragraph 2, a Party may not refund, defer or suspend a customs
duty paid or payable on a good that is non-originating 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.

Trade in Goods text
21
2. Paragraph 1 does not apply to a Partys regime of tariff reduction, suspension

or remission, either permanent or temporary, where the reduction, suspension or
remission is not expressly conditioned on the exportation of a product.

3. Paragraph 1 does not apply until 3 years after the date of entry into force of
this Agreement.

ARTICLE 7: DUTIES, TAXES OR OTHER FEES AND CHARGES ON
EXPORTS

Neither Party may maintain or institute any duties, taxes or other fees and charges
imposed on, or in connection with, the exportation of goods to the other Party, or any
internal taxes or fees and charges on goods exported to the other Party, that are in
excess of those that would be imposed on those goods when destined for internal sale.

ARTICLE 8: STANDSTILL

1. Upon the entry into force of this Agreement neither Party may increase any
customs duty existing at entry into force, or adopt any new customs duty, on a good
originating in the Parties.

2. Notwithstanding this provision, 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 following a
unilateral reduction; or

(c) maintain or increase a customs duty as authorized by this Agreement or any
agreement under the WTO Agreement.

3. Notwithstanding paragraphs 1 and 2, only Canada may apply a special safeguard
under 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
Canadas Schedule to this Agreement. The use of this special safeguard is therefore
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 9: TEMPORARY SUSPENSION OF PREFERENTIAL TARIFF
TREATMENT

1. Where a Party has made a finding, in accordance with paragraph 2:
(a) of systematic breaches of customs legislation regarding claims of
preferential tariff treatment under this Agreement in respect of a good
exported or produced by a person of the other Party; or

(b) that the other Party systematically and unjustifiably refuses to
cooperate with respect to the investigation of breaches of customs
legislation under Article 13(4) of Chapter x (Customs and Trade
Trade in Goods text
22
Facilitation), and the Party requesting cooperation has reasonable

grounds to conclude that a person of the other Party has committed
systematic breaches of customs legislation based on objective,
compelling and verifiable information;

the Party may temporarily suspend, in accordance with paragraphs 3 through 6, the
preferential tariff treatment under this Agreement with respect to the good concerned
of that person.

2. A finding pursuant to paragraph 1 may be made where:

(a) a Party has concluded that a person of the other Party has committed
systematic breaches of customs legislation in order to obtain
preferential tariff treatment under this Agreement as a result of an
investigation based on objective, compelling and verifiable
information; or

(b) if the other Party systematically and unjustifiably refuses to cooperate
with respect to the investigation of breaches of customs legislation
under Article 13(4) of Chapter x (Customs and Trade Facilitation), and
the Party requesting cooperation has reasonable grounds to conclude
that a person of the other Party has committed systematic breaches of
customs legislation in order to obtain preferential tariff treatment under
this Agreement based on objective, compelling and verifiable
information.

3. A Party that has made a finding pursuant to paragraph 2, 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 customs authority 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, including
providing the information that is the basis of the finding.

4. If the customs 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.

5. If the Joint Customs Cooperation Committee has not resolved the issue after
60 days, the Party which has made the finding may temporarily suspend the
preferential tariff treatment under this Agreement with respect to that good of that
person. The temporary suspension shall not apply to a good that is already in transit
between the Parties on the day that the temporary suspension comes into effect.

6. The temporary suspensions shall apply only for a period commensurate with
the impact on the financial interests of the Party concerned resulting from the
Trade in Goods text
23
situation responsible for the finding referred to in paragraph 2, but not longer than 90
days. Where a 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, the Party concerned may renew the
suspension for a further period of no longer than 90 days. The original suspension
and any renewed suspensions shall be subject to periodic consultations within the
Joint Customs Cooperation Committee.

ARTICLE 10: FEES AND OTHER CHARGES

1. In accordance with Article VIII of GATT 1994, no Party may adopt or
maintain a fee or charge imposed 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 for
fiscal purposes.
2. Paragraph 1 does not prevent a Party from imposing a customs duty or a charge set
out in paragraphs a), b), [or] c) [or e)] of the definition of customs duty in this
agreement.

ARTICLE 11: 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 it was intended.
Repair or alteration of goods includes restoration and maintenance but does not
include an operation or process that either:

(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 otherwise provided, 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

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,
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 to Annex X.5 (Tariff Elimination): 8901.10.00, 8901.30.00,
8901.90.10, 8901.90.90, 8904.00.00, 8905.20.10, 8905.20.20, 8905.90.10, 8905.90.90, 8906.90.19,
8906.90.90

[Note of the Negotiator: the code of the tariff lines referenced in the footnote will be updated during
the course of legal scrub to reflect the customs tariff of 2014, paralleling the same concordance that
will be done on tariff schedules to update them to 2014.]
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24
3. Paragraph 2 does not apply to a good imported in bond, into free trade zones,
or in similar status, that is exported for repair and is not re-imported in bond, into free
trade zones, or in similar status.

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

ARTICLE 12: IMPORT AND EXPORT RESTRICTIONS

1. Except as otherwise provided in this Agreement, neither Party may 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. In the event that a Party adopts or maintains a prohibition or restriction on the
importation from or exportation to a non-Party of a good, that Party may:

(a) limit or prohibit the importation from the territory of the other Party of a
good of that non-Party; or

b) limit or prohibit the exportation of a good to that non-Party through the
territory of the other Party.

3. In the event that a Party adopts or maintains a prohibition or restriction on the
importation of a good from a non-Party, the Parties, on the request of the other Party,
shall enter 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 measures
continuation, prompt renewal or amendment, in respect of the following:

i. the export of logs of all species. If a Party ceases to require export permits for
logs destined for a non-Party, that Party will permanently cease requiring export
permits for logs destined for the other Party.

ii. for a period of three years following the entry into force of this Agreement, the
export of unprocessed fish pursuant to Newfoundland and Labradors applicable
legislation; and

iii. Canadian excise duties on absolute alcohol, as listed under tariff item
2207.10.90 in Canadas Schedule of Concessions annexed to the Marrakesh Protocol
(Schedule V), used in manufacturing under the existing provisions of the Excise Act,
2001, 2002, c.22, as amended.

iv. the importation of used vehicles in the territory of a Party that do not conform
to that Partys safety and environmental requirements..

ARTICLE 13: OTHER PROVISIONS RELATED TO TRADE IN GOODS

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25
Each Party shall endeavour to ensure that a product 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 14: COMMITTEE ON TRADE IN GOODS

1. The functions of the Committee on Trade in Goods shall 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 Joint Committee a modification of or 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:

(a) shall meet within 90 days of a request by a Party;

(b) shall provide a forum for the Parties to discuss issues related to
agriculture goods covered by this Agreement; and

(c) shall refer to the Committee on Trade in Goods any matter under sub-
paragraph (b) on which it has been unable to reach agreement.

4. The Parties note the cooperation and exchange of information on agriculture
issues under the annual Canada-EU Agriculture Dialogue, as confirmed in letters
exchanged on July 14, 2008 between the Director-General of the Directorate General
for Agriculture and Rural Development of the European Commission and the Deputy
Minister of Agriculture and Agri-Food Canada on the establishment of the annual
Canada-EU Agriculture Dialogue. As appropriate the Agriculture Dialogue may be
used for the purpose of paragraph 2.

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26
Annex X.5
Tariff Elimination

1. 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 an MFN rate of customs duty, imported
from the other Party upon the date of entry into force of this Agreement.

2. For originating goods from the other Party set out in each Partys Schedule
attached to this Annex, the following staging categories apply to the
elimination of customs duties by each Party pursuant to Article 5 (1):

(a) duties on originating goods provided for in the items in staging category A
in a Partys Schedule shall be duty-free 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 4 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
effective January 1 of year 6; and

(d) duties on originating goods provided for in the items in staging category D
effective January 1 of year 8;

(i) For greater certainty, where the EU applies a customs duty for the
following items:

1001.10.00*
ex 1001.90.99 (high quality common wheat)*
1002.00.00*

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 in the event of a modification of the current system, the effective
support price) increased by 55% as set out in [EU Regulation
Commission Regulation (EC) No. 1031/2008 of 19 September 2008],
the EU shall apply the tariff elimination staging category towards any
calculated duty that would be applied as per the above regulation, as
follows:

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27
Year Applied Duty

1
87.5% of the duty calculated as per EC Reg.
1031/2008
2 75% of the duty calculated as per EC Reg. 1031/2008
3
1031/2008
5
1031/2008
7
1031/2008
8 and following
0% of the duty calculated as per EC Reg. 1031/2008
(duty-free)

* Note of the Negotiator: the code of these tariff lines will have to be
updated in order to reflect changes in the EU Common Customs Tariff
nomenclature. This operation will be done within the framework of the
overall process of updating tariff schedules; and

(e) duties on originating goods provided for in the items in staging category S
fifth anniversary of the date of entry into force of this agreement, and such
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.

(g) duties on originating goods provided for in the items in staging category E
in a Partys schedule are exempt from tariff elimination.

3. For purposes of this Annex and each Party's Schedule, year 1 means the year
this Agreement enters into force as provided in Article XX.XX (Final
Provisions - Entry into Force).

4. For purposes of this Annex and a Party's Schedule, Year 2 shall begin on
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.

5. The base rate for determining the interim staged rate of customs duty for an
item shall be the most favoured nation customs duty rate applied on June 9,
2009.

6. For the purpose of the elimination of customs duties in accordance with
Article 5, interim staged rates shall be rounded down at least to the nearest
Trade in Goods text
28
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

7. 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 volume corresponding to the period running between the 1
st
of
January and the date of entry into force of the Agreement.

8. Processed shrimps transitional tariff rate quota

(a) Originating goods in the following aggregate quantities and provided for in
items with the notation TQShrimps in the EUs Schedule shall be duty-
free in the years specified below:

Processed shrimps, classified in the following tariff lines:
o 1605.20.10 shrimps and prawns, prepared or preserved, in airtight
containers; or
o 1605.20.99 shrimps and prawns, prepared or preserved, in
immediate packings of a net content of >2kg (excluding shrimps
and prawns in airtight containers)

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
st
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 X.X(Origin Quotas) shall not be imported into the
EU under this tariff rate quota.

* Note of the Negotiator: the code of this tariff line will have to be updated
in order to reflect changes in the EU Common Customs Tariff
nomenclature. This operation will be done within the framework of the
overall process of updating tariff schedules.

2
Expressed in net weight.
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29
9. Frozen cod transitional tariff rate quota

items with the notation TQCod in the EUs Schedule shall be duty-free
in the years specified below:

Frozen cod, classified in the following tariff line:
o 0304.29.29 frozen fillets of cod 'Gadus morhua, Gadus ogac' and of
fish of species 'Boreogadus saida'

Year
(Metric Tonnes)
3



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
st
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.

* Note of the Negotiator: the code of this tariff line will have to be updated in order to
reflect changes in the EU Common Customs Tariff nomenclature. This operation will
be done within the framework of the overall process of updating tariff schedules.

10. Low and Medium Quality Common Wheat transitional tariff rate quota

items with the notation TQCW in the EUs Schedule shall be duty-free
in the years specified below:

Common wheat of a quality, other than high quality, classified in the
following tariff line:
o 1001.90.99*

The following 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 of 30 October 2008].

Year
(Metric Tonnes)

(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.
3
Trade in Goods text
30

* Note of the Negotiator: the code of this tariff line will have to be updated in order to
reflect changes in the EU Common Customs Tariff nomenclature. This operation will
be done within the framework of the overall process of updating tariff schedules.

11. Sweetcorn Tariff Rate Quota

items with the notation TQSC in the EUs Schedule shall be duty-free in the
years specified below:

Tariff Line(s) Covered:
o 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 EUs Schedule.)
o 2005.80.00

Year
(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

o Administer this tariff rate quota on a first-come first-served basis;
and

o Administer this tariff rate quota on a calendar year basis with the
full in-quota quantity to be made available on January 1
st
of each
year.

4
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31
12. Bison Tariff Rate Quota

items with the notation TQB3 in the EUs Schedule shall be duty-free in the
years specified below:

Bison classified in the following Tariff Lines:
0201.10.00, 0201.20.20, 0201.20.30, 0201.20.50, 0201.20.90,
0201.30.00, 0202.10.00, 0202.20.10, 0202.20.30, 0202.20.50,
0202.20.90, 0202.30.10, 0202.30.50, 0202.30.90, 0206.10.95,
0206.29.91, 0210.20.10, 0210.20.90, 0210.99.51, 0210.99.59

Year
(Metric Tonnes Carcass Weight
Equivalent)

(b) When calculating quantities imported, the conversion factors specified
in paragraph 22 of this Annex shall be utilized to convert Product Weight
to Carcass Weight Equivalent.

(c) The European Union shall:
Administer this tariff rate quota on a first-come first-served basis;
and

Administer this tariff rate quota on a calendar year basis with the
full in-quota quantity to be made available on January 1
st
of each
year.

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32
13. Fresh/Chilled Beef and Veal Tariff Rate Quota

(a) Originating goods in the following aggregate quantities and provided for
in items with the notation TQB1 in the EUs Schedule shall be duty-free in
the years specified below:

Beef and veal classified in the following Tariff Lines:
0201.10.00, 0201.20.20, 0201.20.30, 0201.20.50, 0201.20.90,
0201.30.00, 0206.10.95

Year
Equivalent)
1 5,140
2 10,280
3 15,420
4 20,560
5 25,700

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.

(b) When calculating quantities imported, the conversion factors specified in
paragraph 22 of this Annex shall be utilized to convert Product Weight to
Carcass Weight Equivalent.

(c) The European Union shall administer this tariff rate quota, including the
additional quantities as outlined in paragraph 13(a), either , through an import
licensing system as outlined in the [declaration] or as otherwise agreed to
between the Parties.
(d) Notwithstanding subparagraph (c), [paragraphs 20 and 21] shall apply.

14. Frozen/Other Beef and Veal Tariff Rate Quota

in items with the notation TQB2 in the EUs Schedule shall be duty-free in
the years specified below:

Beef and veal classified in the following Tariff Lines:
0202.10.00, 0202.20.10, 0202.20.30, 0202.20.50, 0202.20.90,
0202.30.10, 0202.30.50, 0202.30.90, 0206.29.91, 0210.20.10,
0210.20.90, 0210.99.51, 0210.99.59
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33

Year
Equivalent)
1 2,500
2 5,000
3 7,500
4 10,000
5 12,500

(b) When calculating quantities imported, the conversion factors specified in
paragraph 22 of this Annex 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] or as
otherwise agreed to between the Parties.

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34
15. High Quality Fresh, Chilled and Frozen Meat of Bovine Animals Tariff Rate
Quota

Originating goods that are exported from Canada and are imported into the EU
through the EUs existing WTO tariff quota for high quality fresh, chilled and
frozen meat of bovine animals covered by CN codes 0201 and 0202 and for
products covered by CN codes 0206 10 95 and 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.

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35
16. Pork Tariff Rate Quota

in items listed with the notation TQP in the EUs Schedule shall be duty-
free in the years specified below:

Tariff Lines Covered:
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, 0210.11.39

Year
Equivalent)
1 12,500
2 25,000
3 37,500
4 50,000
5 62,500

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 EU's Canada-specific WTO tariff quota for pig-meat.

(b) When calculating quantities imported, the conversion factors specified
in paragraph 22 of this Annex shall be utilized to convert Product Weight
to Carcass Weight Equivalent.

(c) The European Union shall administer this tariff rate quota, including
the additional quantities from the EUs Canada-specific WTO tariff quota
for pig-meat, either through an import licensing system as outlined in the
[declaration] or as otherwise agreed to between the Parties.

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36
17. Cheese Tariff Rate Quota

(a) Originating goods in the following aggregate quantities and provided
for in items with the notation TRQ Cheese in Canadas Schedule shall be
duty-free in the years specified below:

Tariff Lines Covered:
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, 0406.90.98.

Year
(Metric Tonnes
5
)
1 2,667
2 5,333
3 8,000
4 10,667
5 13,333

(b) Canada shall administer this tariff rate quota either through an import

(c) Notwithstanding subparagraph (b), [paragraphs 20 and 21] shall apply.

18. Industrial Cheese Tariff Rate Quota
in items with the notation TRQ Industrial Cheese in Canadas Schedule
shall be duty-free in the years specified below:

Industrial Cheese, classified in 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, 0406.90.98

Industrial Cheese shall refer to cheese used as ingredients for further food
processing (secondary manufacturing) imported in bulk (not for retail
sales).

Year
(Metric Tonnes
6
)
5
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37
Year
(Metric Tonnes
6
)
1 283
2 567
3 850
4 1,133
5 1,417

(b) Canada shall administer this tariff rate quota either through an import

(c) Notwithstanding subparagraph (b), [paragraphs 20 and 21] shall apply.
6
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38
19. WTO Cheese Tariff Rate Quota

Canada shall reallocate, beginning in year 1, 800 tonnes of Canadas
20,411,866 kilogram WTO Tariff Rate Quota for cheese to the EU.

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39
20. Underfill mechanism

With respect to the tariff rate quotas set out in [paragraphs 13, 14, 16, 17 and 18]:

(i) If there were to be under-fill of a tariff rate quota, defined as less than 75% physical imports
under the tariff rate quota in a given year, the Parties shall meet, under the request of any of the
Parties, in the framework of the Sub-Committee on Agriculture established under Article X of
Chapter Y in order to address early the underlying causes of the under-fill or any other question
affecting the smooth operation of the tariff rate quota.

(ii) If there were to be under-fill of a tariff rate quota, defined as less than 75% utilisation in a
given year for 3 consecutive years, and where such under-fill is not linked to scarce supply or
demand of the relevant product, the administration of the quota for the following year(s) would
be made on a First-Come-First-Served basis. To demonstrate scarce supply/demand, a Party must
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. Were Parties to disagree on the reasons leading to under-fill,
the matter shall be subject to binding arbitration at the request of any of the Parties.

(iii) If subsequently there were to be full use of the tariff rate quota, defined as 90% or more
utilisation for 2 consecutive years, Parties may consider returning to a licencing system
following consultations with the other Party on the necessity and opportunity of such reversion
and on the features of such licence system.

21. Review clause

(i) With respect to the tariff rate quotas set out in [paragraphs 13, 14, 16, 17 and 18], 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 any of the Parties, the Parties will 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 burden associated with the system for the
economic operators and for the Parties.

(ii) With respect to the tariff rate quotas included in [paragraphs 17 and 18], this review will also
include the allocation method allowing for new entrants.

(iii) With respect to the tariff rate quotas included in [paragraphs 13, 14 and 16], the review
referred to above shall include the consequences of any tariff rate quota administration
modalities agreed with a third party for the same products 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.

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40
22. Conversion Factors

With respect to the tariff rate quotas set out in paragraphs 12, 13, 14 and 16, the following
conversion factors shall be utilized to convert Product Weight to Carcass Weight Equivalent:
Tariff Rate Quotas set out in paragraphs 12, 13 and 14:
Tariff Line
Tariff Line Description
(for illustrative purposes only)
Conversion
Factor
02011000
Carcases or half-carcases of bovine animals, fresh or
chilled
100%
02012020
"Compensated" quarters of bovine animals with bone in,
fresh or chilled
100%
02012030
Unseparated or separated forequarters of bovine animals,
with bone in, fresh or chilled
100%
02012050
Unseparated or separated hindquarters of bovine animals,
with bone in, fresh or chilled
100%
02012090
Fresh or chilled bovine cuts, with bone in (excl. carcases
and half-carcases, "compensated quarters", forequarters and
hindquarters)
100%
02013000 Fresh or chilled bovine meat, boneless 130%
02061095
Fresh or chilled bovine thick and thin skirt (excl. for
manufacture of pharmaceutical products)
100%
02021000 Frozen bovine carcases and half-carcases 100%
02022010 Frozen "compensated" bovine quarters, with bone in 100%
02022030
Frozen unseparated or separated bovine forequarters, with
bone in
100%
02022050
Frozen unseparated or separated bovine hindquarters, with
bone in
100%
02022090
Frozen bovine cuts, with bone in (excl. carcases and half-
carcases, "compensated" quarters, forequarters and
hindquarters)
100%
02023010
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%
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41
02023050
Frozen bovine boneless crop, chuck and blade and brisket
cuts
130%
02023090
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%
02062991
Frozen bovine thick and thin skirt (excl. for manufacture of
pharmaceutical products)
100%
02102010
Meat of bovine animals, salted, in brine, dried or smoked,
with bone in
100%
02102090
Boneless meat of bovine animals, salted, in brine, dried or
smoked
135%
02109951
Edible thick skirt and thin skirt of bovine animals, salted, in
brine, dried or smoked
100%
02109959
Edible offal of bovine animals, salted, in brine, dried or
smoked (excl. thick skirt and thin skirt)
100%

Tariff Rate Quota set out in paragraph 16:
Tariff Line
Tariff Line Description
(for illustrative purposes only)
Conversion
Factor
02031211
Fresh or chilled with bone in, domestic swine hams and
cuts thereof
100%
02031219
Fresh or chilled with bone in, domestic swine shoulders
and cuts thereof
100%
02031911
Fresh or chilled fore-ends and cuts thereof of domestic
swine
100%
02031913
Fresh or chilled loins and cuts bone-in thereof of domestic
swine
100%
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02031915
Fresh or chilled bellies "streaky" and cuts thereof of
domestic swine
100%
02031955
Fresh or chilled boneless meat of domestic swine (excl.
bellies and cuts thereof)
120%
02031959
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%
02032211 Frozen bone-in hams and cuts thereof of domestic swine 100%
02032219
Frozen bone-in shoulders and cuts thereof of domestic
swine
100%
02032911 Frozen fore-ends and cuts thereof of domestic swine 100%
02032913
Frozen loins and cuts thereof of domestic swine, with bone
in
100%
02032915 Frozen bellies "streaky" and cuts thereof of domestic swine 100%
02032955
Frozen boneless meat of domestic swine (excl. bellies and
cuts thereof)
120%
02032959
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%
02101111
Domestic swine hams and cuts thereof, salted or in brine,
with bone in
100%
02101119
Domestic swine shoulders and cuts thereof, salted or in
brine, with bone in
100%
02101131
Domestic swine hams and cuts thereof, dried or smoked,
with bone in
120%
02101139
Domestic swine shoulders and cuts thereof, dried or
smoked, with bone in
120%

43
NOTE See Tariff Schedules attached separately.

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4. RULES OF ORIGIN and ORIGIN PROCEDURES PROTOCOL

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

customs authority means any governmental authority that is responsible under the law
of a Party for the administration and application of customs laws and regulations or for
the EU, where provided for, the competent services of the Commission of the European
Union;

customs value means the value as determined in accordance with the 1994 Agreement on
implementation of Article VII of the General Agreement on Tariffs and Trade (WTO
Agreement on customs valuation);

determination of origin means a determination as to whether a good qualifies as an
originating good in accordance with this Protocol;

exporter means an exporter located in the territory of a Party;

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

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;
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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 the 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 materials
packaging;

net weight of the product means the weight of a product not including the weight of
packaging. 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
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incurred subsequent to the product leaving the place of production, such as transportation,
loading, unloading, handling or insurance, those costs are to be excluded.

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, it:
(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 (Cumulation of Origin), 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 there.
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 (Insufficient Production) 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.
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4. Where an exporter has completed an origin declaration for a product referred to in

paragraph 2, the exporter must possess a suppliers statement that is completed and
signed by the supplier of the non-originating materials used in the production of the
product.
5. A suppliers statement may be as specified in Annex 4 (Suppliers Statement for Non-
Originating Materials Used in the Production of Non-Originating Products) or an
equivalent document that contains the same information describing the non-
originating materials concerned in sufficient detail for them to be identified.
6. Where a supplier's statement referred to in paragraph 4 is in electronic format, it need
not 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 suppliers statement applies to a single invoice or multiple invoices for the same
material that is supplied within a period not exceeding 12 months from the date set
out in the suppliers statement.
8. Subject to paragraph 9, where, as permitted by the WTO Agreement, each Party has a
free trade agreement with the same non-Party, a material of that non-Party will be
taken into consideration when determining whether a product is originating under this
Agreement.
9. A Party shall give effect to paragraph 8 only once provisions with effect equivalent to
paragraph 8 are in force between each Party and the non-Party and upon agreement
by the Parties on the applicable conditions.
10. Notwithstanding paragraph 9, where each Party has a free trade agreement with the
United States, and upon agreement by the Parties on the applicable conditions, a Party
shall give effect to paragraph 8 when determining whether a product of Chapters 2,
11, headings 16.01 through 16.03, Chapter 19, heading 20.02 and 20.03 and
subheading 3505.10 is originating under this Agreement.

ARTICLE 4
WHOLLY OBTAINED PRODUCTS
1. The following 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) (i) products obtained from live animals there;
(ii) products from slaughtered animals born and raised there;
(e) (i) products obtained by hunting, trapping or fishing conducted there,
but not beyond the outer limits of the Partys territorial sea;
(ii) products of aquaculture raised there;
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(f) fish, shellfish and other marine life taken beyond the outer limits of any territorial
sea by a vessel;
(g) products made aboard their factory ships exclusively from products referred to in
(f);
(h) 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 EUs Member States, as
determined by domestic law and consistent with Part V of the United
Nations Convention of the Law of the Sea done at Montego Bay on 10
December 1982 (UNCLOS);
ii. the continental shelf of Canada or the EUs 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 Party or person of a Party has
rights to exploit such seabed, subsoil or ocean floor;
(i) raw materials recovered from used products collected there, provided that these
products are fit only for such recovery;
(j) components recovered from used products collected there, provided that these
products are fit only for such recovery, when the component is either;
(i) incorporated in 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;
(k) products, at any stage of production, produced there exclusively from products
specified in (a) to (j);
2. For the purpose of subparagraphs 1(f) and (g), the following conditions shall 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 either 2(c)(i) or 2(c)(ii) below;
(b) the vessel or factory ship must be entitled to fly the flag of a Member State
of the European Union or of Canada and must sail under that flag; and,
(c) with respect to the European Union the vessel or factory ship must be:
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(i) at least 50% owned by nationals of a Member State of the

European Union; or
(ii) owned by companies which have their head office and their main
place of business in a Member State of the European Union, and
which are at least 50% owned by a Member State of the European
Union, public entities or nationals of those States;
(d) 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 comprise Canadian commercial fishing
licences and Canadian aboriginal fishing licences issued to aboriginal
organizations. The holder of the Canadian fishing licence must be either:
(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 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 organization 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 purposes of Article 2, products which are not wholly obtained are
considered to have undergone sufficient production when the conditions set out in
Annex 1 (Product-Specific Rules of Origin) 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 the product do not fulfil the
conditions set out in Annex 1 (Product-Specific Rules of Origin), the product may
be considered to be 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;
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(b) any of the percentages given in Annex 1 (Product-Specific Rules of Origin)

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 (Wholly Obtained Products). Where the rule of origin
specified in Annex 1 (Product-Specific Rules of Origin) 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 Chapters 50 through 63 of the
Harmonized System will be determined in accordance with Annex 2(Tolerance for
Textile and Apparel Products).
4. Paragraphs 1 through 3 are subject to Article 8(c) (Unit of Classification).

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 Article
5 (Sufficient Production) or Article 6 (Tolerance) 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 Harmonized System;
(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 through 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 through 08.02 or groundnuts of heading 12.02, if these
vegetables, fruits, nuts or groundnuts remain classified within the same chapter;
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.
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(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
products or their packaging;
(m) mixing of sugar of heading 17.01 through 17.02 with any material;
(n) simple mixing of materials, whether or not of different kinds, however, simple
mixing does not include an operation that causes a chemical reaction as defined in
the notes to Chapter 28 through 29 of Annex 1 (Product-Specific Rules of Origin).
(o) simple assembly of parts of articles to constitute a complete article of Chapters
61, 62 and 82 to 97 of the Harmonized System or disassembly of complete articles
of Chapters 61, 62 and 82 to 97 into parts;
(p) a combination of two or more operations specified in (a) to (o); and
(q) slaughter of animals.

2. In accordance with Article 3 (Cumulation of Origin), 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 to be regarded as insufficient
within the meaning of paragraph 1.

3. For the purposes of paragraph 1, operations 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 products essential
characteristics or properties.
ARTICLE 8
UNIT OF CLASSIFICATION
For the purposes of this Protocol:
(a) the tariff classification of a particular product or material shall be determined
according to the Harmonized System;
(b) where a product composed of a group or assembly of articles or components is
classified pursuant to the terms of the Harmonized System under a single heading
or subheading, the whole shall constitute the particular product; and
(c) where a shipment consists of a number of identical products classified under the
same heading or subheading of the Harmonized System, each product shall be
considered separately.

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ARTICLE 9
PACKAGING AND PACKING MATERIALS AND CONTAINERS
1. Where, under General Rule 5 of the Harmonized System, 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 1 (Product-Specific Rules of Origin).
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 need not be made
through physical separation and identification of any specific fungible material, but
may be determined on the basis of an inventory management system.
b) If originating and non-originating fungible products of Chapters 10, 15, 27, 28, 29,
headings 32.01 through 32.07 or 39.01 through 39.14 of the Harmonized System 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 need not 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:
(i) 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;
(ii) 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;
(iii) specify the quantity of products produced using fungible materials, or the
quantity of fungible products, that are supplied to customers requiring evidence of
origin in a Party for the purposes of obtaining preferential treatment under this
Agreement and to customers not requiring such evidence; and
(iv) 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 authorisation to use an
inventory management system may be withdrawn if the exporter or producer makes
improper use of it.
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4. For the purposes 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 1 (Product-Specific Rules of Origin)
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 1 (Product-Specific Rules of Origin).

ARTICLE 12
SETS
1. Except as provided in Annex 1 (Product-Specific Rules of Origin), a set, as
referred to in General Rule 3 of the Harmonized System, is originating, provided
that:
(a) all of the sets component products are originating; or
(b) if 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 Chapters 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 Chapters 25
through 97 of the Harmonized System 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 sets 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.
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ARTICLE 13
NEUTRAL ELEMENTS
In order to determine whether a product originates, it shall not be 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;
(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 NON-PARTY
1. A product shall not be considered to be originating by reason of having undergone
production that satisfies the requirements of Article 2 if, subsequent to that
production, the product:
(a) undergoes 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, to transport the product to the
territory of a Party; or
(b) does not remain 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 supervision in the
country or countries of transit.

ARTICLE 15
RETURNED ORIGINATING GOODS
If originating products exported from a Party to a non-Party return, they must be
considered as non-originating, unless it can be demonstrated to the satisfaction of the
customs authorities that the returning products:
(a) are the same as those exported; and
(b) have not undergone any operation beyond that necessary to preserve them
in good condition.

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ARTICLE 16
SUGAR
1. Where a rule of origin requires that the net weight of non-originating sugar used in
production not exceed a specified threshold, the product will have satisfied 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 may also satisfy this condition 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 subheadings
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 neither the net weight of the non-
originating sugar as referred to above nor the net weight of mono-saccharides and
di-saccharides contained in these sugar-containing materials is known, the total
net weight of these materials used as such in production will 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 purposes 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 calculating the net cost of a product under Table D.1 of Appendix
1 (Origin Quotas and Alternatives to the Product-Specific Rules of Origin), the
producer of the product may:
1. 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, as well as a 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;
2. 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,
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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
3. 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.
2. 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 agree.
3. For the purpose of this Article, the following definitions apply, in addition to those set
out in Article 1:
(a) motor vehicle means a product of subheading 8703.21 through 8703.90;
(b) 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;
(c) 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;
(d) 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:
i. personnel training, without regard to where performed; and
ii. 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;
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(e) sales promotion, marketing and after-sales service costs means the
following costs related to sales promotion, marketing and after-sales
service:
i. 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, sales aid information);
establishment and protection of logos and trademarks;
sponsorships; wholesale and retail restocking charges;
entertainment;
ii. sales and marketing incentives; consumer, retailer or wholesaler
rebates; merchandise incentives;
iii. salaries and wages, sales commissions, bonuses, benefits (for
example, medical, insurance, pension), travelling and living
expenses, and membership and professional fees for sales
promotion, marketing and after-sales service personnel;
iv. recruiting and training of sales promotion, marketing and after-
sales service personnel, and after-sales training of customers'
employees, 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;
v. product liability insurance;
vi. office supplies for sales promotion, marketing and after-sales
service of products, 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;
vii. telephone, mail and other communications, 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;
viii. rent and depreciation of sales promotion, marketing and after-
sales service offices and distribution centres;
ix. 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
x. payments by the producer to other persons for warranty repairs;
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(f) 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.
(g) total cost means all product costs, period costs and other costs incurred in
relation to the production of a product in Canada. 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. 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. Other costs means all costs recorded on the
books of the producer that are not product costs or period costs.

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SECTION C
ORIGIN PROCEDURES

ARTICLE 18
PROOF OF ORIGIN
1. Products originating in the EU Party shall, on importation into Canada and
products originating in Canada shall, on importation into the EU Party benefit from
preferential tariff treatment of this Agreement on the basis of a declaration, subsequently
referred to as the 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 appear in
Annex 3 (Text of the Origin Declaration).
ARTICLE 19
OBLIGATIONS REGARDING EXPORTATIONS
1. An origin declaration as referred to in Article 18(1) may be completed:
(a) in the EU, by an exporter in accordance with the relevant EU legislation
(b) in Canada, by an exporter as per Part V of the Customs Act.

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, as well as the fulfilment
of the other requirements of this Protocol.
3. Origin declarations shall be completed and signed by the exporter unless
otherwise provided.
4. An origin declaration may be completed by the exporter when the products to
which it relates are exported, or after exportation on condition that it is presented in the
importing Party within a period of two years or for such longer period as specified in the
legislation of the importing Party after the importation of the products to which it relates.
5. The customs authority of the Party of import may allow an origin declaration to
apply to multiple shipments of identical originating products that take place within a
period not exceeding 12 months as specified by the exporter in that declaration.
6. An exporter who has completed an origin declaration that 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.
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7. The Parties may allow the establishment of a system that would permit, an origin
declaration to be submitted electronically and directly from the exporter in the territory of
one Party to an importer in the territory of another 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 when it was
completed by the exporter, or for such longer period as determined by the Party of
import. The preferential tariff treatment may be claimed within the validity period to
the customs authority of the Party of import.
2. Origin declarations which are submitted to the customs authority of the Party of
import after the validity period specified in paragraph 1 may be accepted for the purpose
of preferential tariff treatment in accordance with the respective laws and regulations of
the Party of import.

ARTICLE 21
OBLIGATIONS REGARDING IMPORTATIONS
1. For the purpose of claiming preferential tariff treatment, the importer shall:
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;
(a) if required by the customs authority of the Party of import, submit a
translation of the origin declaration; and
(b) if required by the customs authority of the Party of import provide for a
statement accompanying or as 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 into the
territory 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.

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4. A Party shall, in accordance with its domestic legislation, provide that, where a
product would have qualified as an originating product when it was imported into the
territory of that Party except that the importer did not have an origin declaration at the
time of importation, the importer of the product may within a period 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 NON-PARTY

1. Each Party, through its customs authority, may require an importer to demonstrate
that a good 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
good; and
(b) where the good 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 good remained under customs control while outside the
territories of the Parties.

ARTICLE 23
IMPORTATION BY INSTALMENTS

Where, at the request of the importer and on the conditions laid down by the customs
authority of the Party of import, dismantled or non-assembled products within the
meaning of General Rule 2(a) of the HS falling within Sections XVI and XVII or
headings 7308 and 9406 of the HS are imported by instalments, a single origin
declaration for such 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 accordance with its domestic legislation, 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.

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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 will
exchange information regarding those limits.

ARTICLE 25

SUPPORTING DOCUMENTS

The documents referred to in Article 19(2), used for the purpose of proving that products
covered by origin declarations can be considered as products originating in the EU Party
or in Canada and fulfil the other requirements of this Protocol 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. The exporter that has completed an origin declaration shall keep a copy of the
origin declaration, as well as the documents referred to in Article 25 supporting
the originating status of the products, for three years after the completion of the
origin declaration or for such longer period as a Party may specify.

2. Where 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 domestic legislation of the Party of import, an importer that
has been granted preferential tariff treatment shall keep documentation relating to
the importation of the good, including a copy of the origin declaration, for three
years after the date on which preferential treatment was granted, or for such
longer period as that Party may specify.

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4. Each Party shall permit, in accordance with that Partys laws and regulations,
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 good that is the subject of an
origin verification where the importer, exporter, or producer of the good 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 good in accordance with the requirements of the Protocol; or

(b) denies access to such 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
ipso facto render the origin declaration null and void if it is duly established that
such document does correspond to the products submitted.

2. Obvious formal errors such as typing errors on an origin declaration should not
cause this document to be rejected if these errors are not such as to create doubts
concerning the correctness of the statements made in this document.

ARTICLE 28

CO-OPERATION

1. The Parties shall co-operate in the uniform administration and interpretation of
the provisions 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. In order to facilitate the verifications or assistance referred to in paragraph 1, the
customs authorities of the Parties shall provide each other, through the
Commission of the European Communities, with addresses of the customs
authorities responsible.

3. It is understood that the customs authority of the Party of export will assume all
expenses in carrying out paragraph 1.
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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. Where there is an unusual
increase in the number of requests, the customs authorities of the Parties
concerned will consult to establish priorities and consider steps to manage the
workload, with consideration of operational requirements.

5. With respect to goods considered originating in accordance with Article 3, the
Parties may cooperate with a non-Party to develop customs procedures based on
the principles of this Protocol.

ARTICLE 29

ORIGIN VERIFICATION

1. In order to ensure the proper application of this Protocol, the Parties shall assist
each other, through the customs authorities, in verifying whether products are originating
and ensuring the accuracy of claims for preferential tariff treatment.

2. Requests for origin verifications as to whether the product is originating and all
other requirements of this Protocol have been fulfilled, shall be made:
(a) based on risk assessment methods applied by the customs authority of the Party of
import, which may include random selection, or
(b) where the Party of import has reasonable doubts.
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 as to 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:

(i) the identity of the customs authority issuing the request;
(ii) the name of the exporter or producer to be verified;
(iii)the subject and scope of the verification;
(iv) a copy of the origin declaration and, where applicable any other
relevant documentation.

Where appropriate the customs authority of the Party of import may request the customs
authority of the Party of export for specific documentation and information.

4. 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
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or registered mail or any other method that produces a confirmation of receipt by that
customs authority.

5. The origin verification shall be carried out by the customs authority of the Party
of export. For this purpose, the customs authority may in accordance with its domestic
legislation, 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 good.

6. Where 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 request.

7. As soon as possible and in any event within 12 months after receiving the request
referred to in paragraph 3, 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 with respect to the originating status of the product;
iv) information on the manner in which the verification was conducted; and
v) where appropriate, supporting documentation.

(b) subject to its domestic legislation, notify the exporter of its decision as to
whether the product is originating.

8. The period referred to in paragraph 7 may be extended by agreement between the
customs authorities concerned.

9. Pending the results of an origin verification under paragraph 7, or consultations
under paragraph 12, the customs authority of the Party of import, subject to any
precautionary measures deemed necessary, shall offer to release the product to the
importer,

10. Where the result of an origin verification has not been provided in accordance
with paragraph 7, the customs authority of the importing Party may, in cases of
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reasonable doubt or when it is unable to determine whether a product is originating, deny

preferential tariff treatment to the product.

11. Where 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, cannot be resolved in consultations between the customs authority requesting
the verification and the customs authority responsible for performing the verification, and
the customs authority of the importing Party intends to make a determination of origin
under paragraph 7(a) that is not consistent with the written report provided by the
customs authority of the exporting Party, the importing Party shall notify the exporting
Party, within 60 days of receiving the written report.

12. At the request of either Party, the Parties shall hold consultations within a period of 90
days from the date of the notification referred to in paragraph 11, with a view to resolving
those differences. The period for consultation may be extended on a case by case basis by
mutual written agreement between the Parties. After this period the customs authority of
the importing Party can make its determination of origin. The Parties may also seek to
resolve those differences within the [Customs Committee] established under this
Agreement.

13. In all cases the settlement of differences between the importer and the customs
authority of the Party of import shall be under the legislation of the said Party.

14. Nothing in this Protocol prevents a customs authority of a Party from issuing a
determination of origin or an advance ruling relating to any matter under consideration by
the Customs Procedures Sub-Committee or the Committee on Trade in Goods and Rules
of Origin or from taking such 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 an origin decision in application of the provisions of this
Protocol; or

(b) has received an advance ruling pursuant to Article 33(1).

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2. Further to Articles X.03 (Transparency Chapter - Administrative Proceedings) and

X.04 (Transparency Chapter - Review and Appeal), each Party shall provide that the
rights of review and appeal referred to in paragraph 1 shall 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 and regulations relating to this Protocol.

ARTICLE 32
CONFIDENTIALITY
1. Nothing in this Protocol shall be construed to require a Party to furnish or allow
access to business information or to information relating to an identified or identifiable
individual, the disclosure of which would impede law enforcement or would be contrary
to that Partys legislation protecting business information and personal data and privacy.

2. Each Party shall maintain, in accordance 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 persons providing the
information. Where the Party receiving or obtaining information is required by its laws 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 pursuant to this
Protocol shall not be used for purposes other than the administration and enforcement of
determinations 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 and regulations 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 legislation on data
protection for the purpose of facilitating the operation and application of paragraph 2.

ARTICLE 33
ADVANCE RULINGS RELATING TO ORIGIN
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1. Each Party shall through its customs authority, provide for the expeditious
issuance of written advance rulings in accordance with its domestic law, prior to the
importation of a good into its territory, concerning whether a good qualifies as an
originating good 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) shall, after it has obtained all necessary information from the person
requesting the advance ruling, issue the ruling within 120 days; and

(c) shall provide to the person requesting the advance ruling a full explanation of
the reasons for the ruling.
4. Where 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 the customs authority; or
(c) judicial or quasi-judicial review in its territory;

the customs authority in accordance with its laws and regulations, 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 good for which the ruling was requested, beginning on the date of
its issuance or such later date as may be 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 issuing Party 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;
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(c) to conform with an amendment of Chapter X (National Treatment and

Market Access for Goods), or this Protocol; or
(d) to conform with a judicial decision or a change in its domestic law.
8. Each Party shall provide that any modification or revocation of an advance ruling
shall be effective on the date on which the modification or revocation is issued, or on
such later date as may be specified therein, and shall not be applied to importations of a
good 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 issuing Party may, in accordance with its
domestic legislation, postpone the effective date of such modification or revocation for no
more than 6 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
[X.02] 'Specialised Committees' in Chapter [Administrative and Institutional Provisions],
may review and propose to the CETA Joint Committee to amend the provisions of this
Annex. It shall endeavour to agree upon:

(a) the uniform administration of the rules of origin, including tariff classification
and valuation matters relating to this Annex;
(b) technical, interpretative or administrative matters relating to this Annex; or
(c) the priorities in relation to origin verifications and other matters arising from
the verifications.

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ANNEX 1
PRODUCT-SPECIFIC RULES OF ORIGIN

Note: Please see attached separately.
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ANNEX 2
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 headings 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.

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 Chapters 1 through 49 and 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 1
(Product-Specific Rules of Origin).

3. Subject to paragraph 7, if the non-originating materials used in the production of a
product of Chapter 50 through 63 do not fulfill the conditions set out in Annex 1
(Product-Specific Rules of Origin), 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

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
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(a) the weight of the non-originating yarn made of polyurethane segmented with
flexible segments of polyether does not exceed 20 % 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 % 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 fulfill the conditions set out in Annex 1
(Product-Specific Rules of Origin), 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% of the transaction
value or ex-works price of the product; and

Paragraph 6 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
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silk,
wool
coarse animal hair
fine animal hair
horsehair
cotton
paper-making materials and paper
flax
true hemp
jute and other textile bast fibres
sisal and other textile fibres of the genus Agave
coconut, abaca , ramie and other vegetable textile fibres
synthetic man-made filaments
artificial man-made filaments
current-conducting filaments
synthetic man-made staple fibres of polypropylene
synthetic man-made staple fibres of polyester
synthetic man-made staple fibres of polyamide
synthetic man-made staple fibres of polyacrylonitrile
synthetic man-made staple fibres of polyimide
synthetic man-made staple fibres of polytetrafluoroethylene
synthetic man-made staple fibres of poly(phenylene sulphide)
synthetic man-made staple fibres of poly(vinyl chloride)
other synthetic man-made staple fibres
artificial man-made staple fibres of viscose
other artificial man-made staple fibres
yarn made of polyurethane segmented with flexible segments of polyether, whether or
not gimped
yarn made of polyurethane segmented with flexible segments of polyester, whether or
not gimped
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
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powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or

coloured adhesive between two layers of plastic film
any other material of heading 56.05.

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ANNEX 3
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 authorization 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)
6
1
When the origin declaration is completed for multiple shipments of identical originating products within the
meaning of Article 19, paragraph 5, indicate the period for which the origin declaration will apply. The
period shall not exceed 12 months. All importations of the product must occur within the period indicated.
Where a period 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
exporters customs authorization/ registration number shall be included. A customs authorization number is
required only where the exporter is an approved exporter. When the origin declaration is not completed by
an approved or registered exporter, the words in brackets shall be omitted or the space left blank.

For Canadian exporters: The exporters Business Number assigned by the Government of Canada shall 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. For the purposes of 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 provides an exception to the requirement of the exporters signature. Where the exporter is not
required to sign, the exemption of signature also implies the exemption of the name of the signatory.

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Bulgarian version
, (
(1)) , ,
(2).
Spanish version
El exportador de los productos incluidos en el presente documento (autorizacin aduanera n ..
(1)
.) declara que, salvo indicacin en sentido contrario, estos productos gozan de un origen
preferencial .
(2)
.
Czech version
Vvozce vrobk uvedench v tomto dokumentu (slo povolen
(1)
) prohlauje, e krom
zeteln oznaench, maj tyto vrobky preferenn pvod v
(2)
.

Danish version
Eksportren af varer, der er omfattet af nrvrende dokument, (toldmyndighedernes tilladelse
nr. ...
(1)
), erklrer, at varerne, medmindre andet tydeligt er angivet, har prferenceoprindelse i
...
(2)
.
German version
Der Ausfhrer (Ermchtigter Ausfhrer; Bewilligungs-Nr. ...
(1)
) der Waren, auf die sich dieses
Handelspapier bezieht, erklrt, dass diese Waren, soweit nicht anderes angegeben,
prferenzbegnstigte ...
(2)
Ursprungswaren sind.

Estonian version
Kesoleva dokumendiga hlmatud toodete eksportija (tolliameti kinnitus nr. ...
(1)
) deklareerib, et
need tooted on ...
(2)
sooduspritoluga, vlja arvatud juhul kui on selgelt nidatud teisiti.

Greek version
( .
...
(1)
) , ,
...
(2)
.
English version
(Period: from __________to _____________
(1)
)
The exporter of the products covered by this document (customs authorization No
(2)
)
declares that, except where otherwise clearly indicated, these products are of
(3)
preferential
origin.

French version
L'exportateur des produits couverts par le prsent document (autorisation douanire n ...
(1)
)
dclare que, sauf indication claire du contraire, ces produits ont l'origine prfrentielle ...
(2)
).

Croatian version
Izvoznik proizvoda obuhvaenih ovom ispravom (carinsko ovlatenje br. ... (1)) izjavljuje da su,
osim ako je drukije izriito navedeno, ovi proizvodi ... (2) preferencijalnog podrijetla.'

Italian version
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L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. ...
(1)
)
dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ...
(2)
.

Latvian version
Eksporttjs produktiem, kuri ietverti aj dokument (muitas pilnvara Nr.
(1)
), deklar, ka,
iznemot tur, kur ir citdi skaidri noteikts, iem produktiem ir priekrocbu izcelsme no
(2)
.

Lithuanian version
iame dokumente ivardint preki eksportuotojas (muitins liudijimo Nr
(1)
) deklaruoja, kad,
jeigu kitaip nenurodyta, tai yra
(2)
preferencins kilms preks.

Hungarian version
A jelen okmnyban szerepl ruk exportre (vmfelhatalmazsi szm:
(1)
) kijelentem, hogy
eltr jelzs hianyban az ruk kedvezmnyes
(2)
szrmazsak.

Maltese version
L-esportatur tal-prodotti koperti bdan id-dokument (awtorizzazzjoni tad-dwana nru.
(1)
)
jiddikjara li, lief fejn indikat bmod ar li mhux hekk, dawn il-prodotti huma ta oriini
preferenzjali
(2)
.
Dutch version
De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr.
...
(1)
), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van
preferentile ... oorsprong zijn
(2)
.
Polish version
Eksporter produktw objtych tym dokumentem (upowanienie wadz celnych nr
(1)
)
deklaruje, e z wyjtkiem gdzie jest to wyranie okrelone, produkty te maj
(2)
preferencyjne
pochodzenie.
Portuguese version
O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorizao
aduaneira n. ...
(1)
), declara que, salvo expressamente indicado em contrrio, estes produtos so
de origem preferencial ...
(2)
.
Romanian version
Exportatorul produselor ce fac ojiectul acestui document (autorizaia vamal nr.
(1)
) declar c,
exceptnd cazul n care n mod expres este indicat altfel, aceste produse sunt de origine
preferenial
(2)
.
Slovenian version
Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov t
(1)
) izjavlja, da,
razen e ni drugae jasno navedeno, ima to blago preferencialno
(2)
poreklo.

Slovak version
Vvozca vrobkov uvedench v tomto dokumente (slo povolenia (1)) vyhlasuje, e okrem
zretene oznaench, maj tieto vrobky preferenn pvod v
(2)
.

Finnish version
Tss asiakirjassa mainittujen tuotteiden viej (tullin lupa n:o ...
(1)
) ilmoittaa, ett nm tuotteet
ovat, ellei toisin ole selvsti merkitty, etuuskohteluun oikeutettuja ... alkupertuotteita
(2)
.
RoO

78
Swedish version
Exportren av de varor som omfattas av detta dokument (tullmyndighetens tillstnd nr. ...
(1)
)
frskrar att dessa varor, om inte annat tydligt markerats, har frmnsberttigande ... ursprung
(2)

RoO

79
ANNEX 4

SUPPLIERS 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:
1. 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.
2. Any other materials used in the European Union/in Canada to produce these products originate there.

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.

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
material(s) used
2

Total: Total:
RoO

80
ANNEX 5

MATTERS APPLICABLE TO CEUTA AND MELILLA

1. For the purpose of the Rules of Origin and Origin Procedures Protocol, in the case of the
EU, 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 EU 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 EU.

3. The rules of origin applicable to Canada under the Rules of Origin and Origin Procedures
Protocol shall apply in determining the origin of products exported from Canada to Ceuta
and Melilla. The rules of origin applicable to the EU under the Rules of Origin and
Origin Procedures Protocol shall apply in determining the origin of products exported
from Ceuta and Melilla to Canada.

4. The provisions of the Rules of Origin and Origin Procedures Protocol concerning the
issuance, use and subsequent verification of proofs 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 the Rules of Origin and Origin Procedures
Protocol shall apply to the import and export of products between the EU, 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 Article in
Ceuta and Melilla.


81
Trade Remedies

82
5. TRADE REMEDIES

CHAPTER [XX]: TRADE REMEDIES

SECTION X: ANTI-DUMPING AND COUNTERVAILING MEASURES

Article 1: General Provisions

1. Each Party

retains its rights and obligations under Article VI of GATT 1994, the WTO
Agreement on Implementation of Article VI of GATT 1994 and the WTO Agreement on
Subsidies and Countervailing Measures.
2. The provisions of this Section shall not be subject to the Dispute Settlement provisions of this
Agreement
3. The provisions of this Section shall not be subject to the provisions of Chapter XX:
Preferential Rules of Origin.

Article 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 any 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 WTO Agreement on Implementation of Article VI of
GATT 1994 and Article 12.4 of the WTO Agreement on Subsidies and Countervailing
Measures.

3. Provided it does not unnecessarily delay the conduct of the investigation, each interested
party in an anti-dumping or countervailing investigation
14
shall be granted a full opportunity to
defend its interests.

Article 3: Consideration of Public Interest and Lesser Duty

1. The authorities shall consider information provided in accordance with their domestic law as
to whether imposing an anti-dumping or countervailing duty would not be in the public interest.

2. After considering this information, the 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 domestic law of the Party.
14
For the purpose of this article interested parties shall be defined as per Article 6(11) of the WTO Agreement on
Implementation of Article VI of GATT 1994 and Article 12.9 of the WTO Agreement on Subsidies and
Countervailing Measures.
Trade Remedies

83

SECTION XX: GLOBAL SAFEGUARD MEASURES
Article 1: General provisions

1. Each Party retains its rights and obligations under Article XIX of GATT 1994 and the WTO
Agreement on Safeguards.
2. The provisions of this Section shall not be subject to the Dispute Settlement provisions of this
Agreement.
3. The provisions of this Section shall not be subject to the provisions of Chapter XX:
Preferential Rules of Origin.


1. At the request of the exporting Party, the Party initiating a safeguard investigation or
intending to adopt provisional or definitive safeguard measures shall immediately provide:

a. the information referred to in Article 12.2 of the WTO Agreement on
Safeguards, 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 safeguard measures.

2. When information is provided under this Article, the importing Party shall offer to hold
informal consultations with the exporting Party in order to review the information provided.

Article 3: Imposition of definitive measures

1. A Party adopting safeguard measures shall endeavour to impose them in a way that least
affects bilateral trade.

2. The importing Party shall offer to hold informal 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 consult was made.


84
TBT

85
6. TECHNICAL BARRIERS TO TRADE (TBT)

CHAPTER XX: TECHNICAL BARRIERS TO TRADE (TBT)

Article 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) sanitary and phytosanitary measures as defined in Annex A of the WTO Agreement on
the Application of Sanitary and Phytosanitary Measures.

3. Except where this Agreement, including the incorporated provisions of the TBT Agreement
pursuant to Article 2, of this Chapter defines or gives a meaning to terms, general terms for
standardization and procedures for assessment of conformity shall normally have the meaning
given to them by definitions adopted within the United Nations system and by international
standardizing bodies taking into account their context and in the light of the object and purpose
of this Chapter.

4. All references in this Chapter to technical regulations, standards and conformity assessment
procedures shall be construed to include any amendments thereto and any additions to the rules
or the product coverage thereof, except amendments and additions of an insignificant nature.

5. The second paragraph of Article X.05 (Extent of Obligations) of Chapter X (Initial Provisions
and General Definitions) does not apply to Articles 3, 7, 8 and 9 of the TBT Agreement, as
incorporated into this Agreement.

Article 2: Incorporation of the WTO Agreement on Technical Barriers to Trade

1. The following provisions of the WTO Agreement on Technical Barriers to Trade (hereinafter
referred to as 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);
TBT

86

(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 the rights and obligations set out in the Protocol on the Mutual
Acceptance of the Results of Conformity Assessment Procedures;

(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);

(j) Annex 3 (Code of Good Practice for the Preparation, Adoption and Application of
Standards).

2. References to this Agreement in the incorporated provisions of the TBT Agreement, as
incorporated into this Agreement, are to be read, as appropriate, as references to this Agreement
(the CETA).

3. The term Members in the incorporated provisions shall have the same meaning in this
Agreement as it has in the TBT Agreement.

4. With respect to Articles 3, 4, 7, 8 and 9 of the TBT Agreement, the dispute settlement
provisions of this Agreement 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 3: Co-operation

The Parties shall strengthen their co-operation in the areas of technical regulations, standards,
metrology, conformity assessment procedures, market surveillance or monitoring and
enforcement activities in order to facilitate the conduct of trade between the Parties, as laid down
in Chapter XXX (Regulatory Co-operation). This may include promoting and encouraging co-
operation between their respective public or private organizations responsible for metrology,
standardization, testing, certification and accreditation, market surveillance or monitoring and
enforcement activities; and in particular, encouraging their accreditation and conformity
assessment bodies to participate in co-operation arrangements that promote the acceptance of
conformity assessment results.

TBT

87
Article 4: Technical Regulations

1. The Parties undertake to co-operate as far as 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 existing in or being prepared by the
other Party, that other Party shall, on request, provide to the other Party, to the extent practicable,
the relevant information, studies and data upon which it has relied in the preparation of its
technical regulations, whether adopted or being developed. The Parties recognize 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 in writing that the other Party recognize it as equivalent. Such a request shall be made in
writing and set out the detailed reasons why the technical regulations should be considered to be
equivalent, including reasons with respect to product scope. The Party that does not agree that
the technical regulations are equivalent shall provide to the other Party, upon request, the reasons
for its decision.

Article 5: Conformity Assessment

1. The Parties shall observe the terms of the Protocol [x] to this Agreement on the Mutual
Acceptance of the Results of Conformity Assessment, and of the Protocol [y] to this Agreement
on the Mutual Recognition of the Compliance and Enforcement Program regarding Good
Manufacturing Practices for Pharmaceutical Products.

2. The Agreement on Mutual Recognition between the European Community and Canada, done
at London on 14 May 1998, shall be terminated on the date of entry into force of this
Agreement.


1. Each Party shall ensure that transparency procedures regarding the development of technical
regulations and conformity assessment procedures allow interested persons 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 and 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 standardization bodies located
within their respective territories with a view to facilitating, inter alia, the exchange of
information about their respective activities, as well as the harmonization of standards based on
mutual interest and reciprocity, according to modalities to be agreed by the standardization
bodies concerned.
TBT

88
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 arise, or threaten to arise, regarding safety, health, environmental protection or national
security. A Party shall give positive consideration to a reasonable request for extending the
comment period.
4. (i) Where a Party has received comments on its proposed technical regulations or conformity
assessment procedures from the other Party, it shall reply in writing to such comments before
the adoption of the technical regulation or conformity assessment procedure.

(ii) 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.

5. 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.
6. 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 such delay would be
ineffective in fulfilling the legitimate objectives pursued.
7. Each Party shall ensure that its adopted technical regulations and conformity assessment
procedures are publicly available on official websites.

8. Where 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 7: Marking and Labelling

In accordance with Article 2 of the TBT Agreement, with respect to technical regulations relating
to labelling or marking requirements, the Parties shall ensure they are not prepared, adopted or
applied with a view to or with the effect of creating unnecessary obstacles to international trade.
For this purpose, such labelling or marking requirements shall not be more trade-restrictive than
necessary to fulfill a legitimate objective, taking account of the risks that non-fulfillment would
create.

Article 8: Management of the Technical Barriers to Trade Chapter

1. The Parties agree to co-operate in the matters covered by this Chapter. In particular, they
agree that the [xxx name of Institutional Body] functions include:

TBT

89

(a) to manage the implementation of this Chapter;

(b) promptly to address any issue that a Party raises related to the development, adoption or
application of standards, technical regulations or conformity assessment procedures;

(c) on a Partys request, to facilitate discussion of the assessment of risk or hazard conducted by
the other Party;

(d) to encourage cooperation between the standardization and conformity assessment bodies of
the Parties;

(e) to 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) to review this Chapter in the light of any developments in the WTO TBT Committee or under
the TBT Agreement, and, [if necessary, developing recommendations for amendments to this
Chapter] for consideration by the [xxx name of Institutional Body];

(g) to take any other steps that the Parties consider will assist them in implementing this Chapter
and the TBT Agreement and in facilitating trade between the Parties.

(h) to report to the [xxx name of Institutional Body] on the implementation of this Chapter as
appropriate;]

2. Where the Parties are unable to resolve a matter covered under this Chapter through the [xxx
name of Institutional Body], the Parties may establish ad hoc technical working groups with a
view to identifying solutions that would facilitate trade. Such groups shall be jointly led by the
Parties. Where a Party declines a request from the other Party to establish a working group, it
shall, on request, explain the reasons for its decision.

3. Any information that is provided at the request of a Party pursuant to the provisions of this
Chapter shall be provided in print or electronically within a reasonable period of time. A Party
shall endeavour to respond to each such request within 60 days.

4. The Parties shall be represented at the [xxx name of Institutional Body] by:
(a) in the case of the European Union, the European Commission; and
(b) in the case of Canada, the Department of Foreign Affairs, Trade and Development, or its
successor.

5. Each Party is responsible for ensuring communication with the relevant institutions and
persons in its territory as necessary for the management of this Chapter.

TBT

90

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91
Cooperation in the Field of Motor Vehicle Regulations

[Placement to be decided]

Noting the cooperation between Canada and the European Commission in the area of science and
technology;

Affirming the joint commitment to improving vehicle safety and environmental performance,
and to the harmonization efforts conducted under the framework of the 1998 Global Agreement
administered by the World Forum for the Harmonization of Vehicle Regulations (WP.29) of the
United Nations Economic Commission for Europe;

Noting the commitment of the Parties to enhance their efforts in the area of regulatory
cooperation, as formulated under the Canada EU Comprehensive Economic and Trade
Agreements [technical barriers to trade and] regulatory cooperation chapter[s];

Recognizing the right of each Party to determine their desired level of health, safety,
environment, and consumer protection;

Desiring to enhance cooperation and increase the efficient use of resources in matters relating to
motor vehicle technical regulations, without compromising each Partys ability to carry out its
responsibilities;

The Parties agree as follows:

Article I
Purpose

The purpose of this [text] is to strengthen cooperation and communication, including the exchange
of information on motor vehicle safety and environmental performance research activities linked to
the development of new technical regulations or related standards, to promote the application and
recognition of Global Technical Regulations under the framework of the 1998 Global Agreement
administered by the WP.29 and possible future harmonization, between the Parties, concerning
improvements and other developments in the areas of motor vehicle technical regulations or related
standards.

Article II
Areas of Cooperation

The Parties shall endeavour to share information and cooperate on activities that may fall under
the following areas:

1. Development and establishment of technical regulations or related standards;

2. Post-implementation reviews of technical regulations or related standards;
Car Standards


92

3. Development and dissemination of information for consumer use related to motor vehicle
regulations or related standards;

4. 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

5. Exchange of available information on the identification of safety-related or emission-
related defects and non-compliances with technical regulations.

Article III
Forms of Cooperation

The Parties intend to maintain an open and continuing dialogue in the area of motor vehicle
technical regulations or related standards. To this end, the Parties shall endeavour to:

1. Meet at least annually (including meetings held on the margins of WP.29 Sessions), by
virtue of video-conferences or, if directly, on an alternating basis in Canada and the
European Union;

2. Share information regarding domestic and international programs and agendas, including
planning of research programs linked to the development of new regulations or related
standards;

3. Contribute jointly to encouraging and promoting greater international harmonization of
technical requirements through multilateral fora, such as 1998 Agreement Concerning the
Establishment of Global Technical Regulations as administered by WP.29, including
through cooperation in the planning of initiatives in support of such activities;

4. Share and discuss research and development plans in the areas of motor vehicle safety
and environmental technical regulations or related standards;

5. Conduct joint analyses, develop methodologies and approaches, as mutually beneficial,
practical and convenient, to assist and facilitate in the development of motor vehicle
technical regulations or related standards;

6. Develop additional provisions for cooperation.

Article IV
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93
Technical Regulations

The Parties note the importance of the Technical Barriers to Trade (TBT) Chapter to facilitating
trade in automobiles between the Parties and, in particular, reaffirm their obligations set out in
Article X.4 of that Chapter with respect to technical regulations for motor vehicles and their
parts.

Article V
Canadian Incorporation of UN Regulations

1. The Parties acknowledge that Canada has incorporated, with the adaptations that it
considered necessary, a number of technical regulations contained in UN Regulations into the
Canadian Motor Vehicle Safety Regulations, as listed in Table I.

2. Canada maintains its right to modify, at any given time, its law, including by amending or
revising which UN Regulations, or the manner in which or the extent to which such Regulations
are incorporated into its law. Before introducing such changes, it will inform the European Union
and be ready to provide information on the rationale for these changes. It will maintain the
recognition of the relevant UN Regulations, unless doing so would provide for a lower level of
safety as compared with the amendments introduced or compromise North American integration.

3. The Parties shall engage in technical consultations with a view to determining, no later
than 3 years after the entry into force of the Agreement, whether the technical regulations
contained in the UN Regulations listed in Table II should also be incorporated into the Canadian
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 as compared with the Canadian regulations or compromise North American integration.

The Parties shall also engage in further technical consultations to determine whether any other
technical regulations should be considered for inclusion in Table II at a later stage.

4. Canada shall establish and maintain a list of technical regulations contained in UN
Regulations that are incorporated into the Canadian Motor Vehicle Safety Regulations. Canada
shall make that list publicly available.

5. With the objective of promoting regulatory convergence, the Parties shall exchange
information, to the extent practicable, on their respective technical regulations related to motor
vehicle safety.

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Article VI
Positive Consideration of Other Partys Technical Regulations

When developing new technical regulations for motor vehicles and their parts, or when
modifying existing ones, a Party shall consider the technical regulations of the other Party,
including those established under the framework of UNECE 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 VII
Revision Clause: Cooperation with the United States of America

The Parties note their mutual interest in cooperation 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 dealing with the harmonization of their respective
technical regulations related to motor vehicles, the Parties shall cooperate with a view to
determining whether the harmonization achieved by that agreement or arrangement should be
implemented between the European Union and Canada.

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95
Table I

List referred to in Article V.1 of [text]

UN
Regulation
Title of UN Regulation Canadian
Regulation into
which the UN
Regulation is
incorporated, in
whole or in part
Title of Canadian
Regulation into
which the UN
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* Lighting System
and Retroreflective
Devices
headlamps emitting an
asymmetrical passing-beam or a
driving-beam or both and equipped
with filament lamps and/or LED
modules
and Retroreflective
Devices
headlamps emitting a symmetrical
passing-beam or a driving-beam or
both and equipped with filament,
gas-discharge light sources or LED
modules
and Retroreflective
Devices
approval of motor vehicles having
at least four wheels with regard to
their noise emissions
CMVSS 1106* Noise Emissions
approval of motor cycles with
regard to noise
CMVSS 1106* Noise Emissions
approval of vehicles with regard to
door latches and door retention
components
CMVSS 206* Door Locks and
Door Retention
Components
No. 116
(immobilizer
only)
Uniform technical prescriptions
concerning the protection of motor
vehicles against unauthorized use
(Immobilizer only)
CMVSS 114* Theft Protection
and Rollaway
Prevention
No. 42 Uniform provisions concerning the CMVSS 215* Bumpers
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96
approval of vehicles with regard to

their front and rear protective
devices (bumpers etc)
approval of vehicles of categories
L1, L2, L3, L4 and L5 with regard
to braking
CMVSS 122* Motorcycle Brake
Systems
approval of motor vehicles
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)
and Retroreflective
Devices
approval of motor vehicles
asymmetrical passing beam or a
driving beam or both and equipped
with halogen filament lamps (H4
lamps)
and Retroreflective
Devices
approval of power-driven vehicle's
halogen sealed-beam headlamps
(HSB) emitting an European
asymmetrical passing-beam or a
driving-beam or both
and Retroreflective
Devices
approval of headlamps for motor
cycles and vehicles treated as such
and Retroreflective
Devices
approval of motor cycle headlamps
emitting an asymmetrical passing
beam and a driving beam and
equipped with halogen lamps (HS1
lamps)
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
approval of two-wheeled motor
cycles and mopeds with regard to
driver-operated controls including
CMVSS 123 Motorcycle
Controls and
Displays
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97
the identification of controls, tell-

tales and indicators
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

*As the regulation read on February 13, 2013.

Table II

List referred to in Article V.3 of [text]

UN Regulation Title of UN 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
the seats, their anchorages and any head restraints
No. 43 Uniform provisions concerning the approval of safety glazing materials
and their installation on vehicles
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


98
SPS

99
7. SANITARY AND PHYTOSANITARY MEASURES (SPS)

CHAPTER [XX]

SANITARY AND PHYTOSANITARY MEASURES

Article 1
Recognition and Termination of the Veterinary Agreement

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 and confirm their
intention to continue this work under the CETA. The Agreement done at Ottawa on 17 December
1998, as amended, is terminated from the date of entry into force of this Agreement.

Article 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 ;
c) further the implementation of the WTO Agreement on the Application of Sanitary and
Phytosanitary Measures (WTO SPS Agreement).

Article 3
Definitions

WTO SPS Agreement means the WTO Agreement on the Application of Sanitary and
Phytosanitary Measures;

Sanitary or phytosanitary measure means any measure referred to in Annex A, paragraph 1 of the
WTO SPS Agreement;

For the purposes of this Chapter, definitions in Annex A of the SPS Agreement apply, as well as
those adopted by Codex Alimentarius (Codex), the World Organisation for Animal Health (OIE),
and the International Plant Protection Convention (IPPC). In the event of an inconsistency between
the definitions adopted by Codex, the OIE, the IPPC and the definitions set out in under the WTO
SPS Agreement, the definitions set out in the WTO SPS Agreement shall prevail.

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In addition, the following definitions shall apply:

a) Protected Zone for a specified regulated harmful organism is an officially defined
geographical area in the EU in which that organism is not established in spite of favourable
conditions and its presence in other parts of the Union.
b) Competent authorities of the Parties are identified in Annex 1 (Competent Authorities).

Article 4
Scope and Coverage

This Chapter applies to all SPS measures that may, directly or indirectly, affect trade between the
Parties.

Article 5
Rights and Obligations

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

Article 6
Adaptation to Regional Conditions

Animals, animal products and animal by-products

1. The Parties recognise the concept of zoning which they agree to apply in respect of the
diseases listed in Annex II [Regional Conditions].

2. If the Parties agree on principles and guidelines for the recognition of regional conditions, the
Parties shall include them in Annex III. [Process of Recognition of Regional Conditions].

3. For the purpose of paragraph 1, the importing Party shall base its sanitary measures applicable
to the exporting Party whose territory is affected by one or more of the diseases listed in
Annex II [Regional Conditions] on the zoning decisions made by that Party, provided that the
importing Party is satisfied that the exporting Partys zoning decisions are in accordance with
Annex III and are based on relevant international standards, guidelines and recommendations.
This obligation is without prejudice to the right of the importing Party to apply any additional
measure or measures so as to achieve its appropriate level of protection.

4. Where one of the Parties considers that it has a special status with respect to a disease not
listed in Annex II, it may request recognition of that status. The importing Party may request
additional guarantees in respect of imports of live animals, animal products and animal by-
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products appropriate to the status recognized by the importing Party, including the special
conditions identified in Annex V.

5. The Parties also recognise the concept of compartmentalisation and agree to cooperate on this
matter.

Plants and plant products

1. When establishing or maintaining its phytosanitary measures, the importing Party shall take
into account, inter alia, the pest status in an area, such as pest free areas, pest free places of
production, pest free production sites, areas of low pest prevalence, as well as protected zones
established by the exporting Party.

2. If the Parties agree on principles and guidelines for the recognition of regional conditions, the
Parties shall include them in Annex III. [Process of Recognition of Regional Conditions].

Article 7
Equivalence

1. The importing Party shall accept the SPS measures 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 Partys appropriate level of protection.

2. Annex IV sets out principles and guidelines for the determination, recognition and
maintenance of equivalence.

3. Annex V sets out:

a) The areas for which the importing Party recognizes that the measures of the exporting Party
are equivalent to its own, and

b) The areas for which the importing Party recognizes that the fulfilment of the specified
special conditions, combined with the exporting Partys measures, achieve the importing
Partys appropriate level of protection.

Article 8
Trade Conditions

1. The importing Party shall make available its general sanitary and phytosanitary import
requirements for all commodities. For a specific commodity jointly identified as a priority by
the Parties, the importing Party shall establish specific import requirements, unless the Parties
jointly 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.
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2. For a commodity identified as a priority pursuant to paragraph 1, the importing Party shall
undertake, without undue delay, the necessary process for establishing specific import
requirements for that commodity. Once these specific import requirements have been
established, the importing Party shall take the necessary steps, without undue delay, to allow
trade on the basis of these import requirements.

3. In order to establish the specific import requirements, the exporting Party shall, upon request
of the importing Party:

a) provide all relevant information required by the importing Party; and

b) give reasonable access to the importing Party for inspection, testing, audit and other
relevant procedures.

4. For the import of commodities where establishments or facilities are required to be included
on a list by the importing Party, the importing Party shall approve establishments or facilities
which are situated on the territory of the exporting Party without prior inspection of individual
establishments if:

a) the exporting Party has requested such an approval for a given establishment or facility,
accompanied by the appropriate guarantees, and

b) the conditions and procedures set out in Annex VI are fulfilled.

The importing Party shall make its lists publicly available.

5. Consignments of regulated commodities shall be normally accepted without pre-clearance of
the commodity on a consignment basis, unless the Parties agree otherwise.

6. 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.

7. Annex VII sets out procedures that the Parties should follow related to specific import
requirements for plant health.

Article 9
Audit and Verification

1. In order to maintain confidence in the effective implementation of the provisions of this
Chapter, each Party has the right to carry out an audit or verification, or both, of all or part of
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the other Party's authorities' control program. Each Party shall bear its own costs associated
with the audit or verification.

2. If the Parties agree on principles and guidelines for conducting an audit or verification, the
Parties shall include them in Annex VIII [Principles and Guidelines for Conducting an Audit
or Verification]. If a Party conducts an audit or verification, it shall do so in accordance with
any principles and guidelines in Annex VIII.

Article 10
Export Certification

1. When an official health certificate is required for the importation of a consignment of live
animals or animal products and if the importing Party has accepted the measures 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 IX for such certificate,
unless the Parties jointly decide otherwise. The Parties may also use a model attestation for
other products if they so jointly decide.

2. Annex IX sets out principles and guidelines for export certification, including electronic
certification, withdrawal or replacement of certificates, language regimes and model
attestations.

Article 11
Import checks and Fees

1. Annex X sets out principles and guidelines for import checks and fees, including the
frequency rate for import checks.

2. In the event that import checks reveal non-compliance with the relevant import requirements,
the action taken by the importing Party shall be based on an assessment of the risk involved
and shall ensure that such measures are not more trade-restrictive than required to achieve the
Partys appropriate level of sanitary or phytosanitary protection

3. Wherever possible, the importer of a non-compliant consignment, or its representative, shall
be notified of the reason for non-compliance, and be provided the opportunity to contribute
relevant information to assist the importing Party in taking a final decision.

4. A Party may collect fees for the costs incurred in conducting frontier checks which should not
exceed the recovery of the costs.

Article 12
Notification and Information Exchange

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1. Each Party shall notify the other Party without undue delay of:
(a) significant changes in pest/disease status, such as the presence and evolution of
diseases in Annex II [Process of Recognition of Regional Conditions];
(b) findings of epidemiological importance with respect to animal diseases, which are
not in Annex II; or which are new diseases; and
(c) significant food safety issues relating to products traded between the Parties.

2. The Parties will endeavour to exchange information on other relevant issues including:

(a) changes in their respective sanitary or phytosanitary measures;
(b) any significant changes to the structure, organisation of their competent authorities;
(c) on request, the results of a Partys official controls and a report concerning the results
of the controls carried out;
(d) the results of import checks provided for in Article 9 (Import Checks) in case of
rejected or non-compliant consignments of products; and
(e) on request, risk analyses and scientific opinions, relevant to this Chapter and
produced under the responsibility of a Party.

3. Unless otherwise decided by the Committee, when the information referred to in paragraph 1
or 2 has been made available via notification to the WTO or relevant international standard
setting body in accordance with the relevant rules, the requirements in paragraphs 1 and 2 as
they apply to that information are fulfilled.

Article 13
Technical Consultations

Where a Party has significant concerns regarding food safety, plant health, or animal health,
or regarding a measure proposed or implemented by the other Party, that Party can request
technical consultations. The other Party should respond to such a request without undue delay.
Each Party shall endeavour to provide all the information necessary to avoid a disruption in trade
and/or to reach a mutually acceptable solution.

Article 14
Emergency Measures

1. Emergency measures shall be notified to the other Party within 24 hours of the decision to
implement them and, on request, technical consultations regarding the situation shall be held
within 10 days of the notification. The Parties shall consider any information provided
through such consultations.

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2. The importing Party shall consider information provided, in a timely manner, by the exporting
Party when making decisions with respect to consignments that, at the time of adoption of
emergency measures, are being transported between the Parties.

Article 15
Joint Management Committee for Sanitary and Phytosanitary Measures

1. The Parties hereby establish a Joint Management Committee (JMC) for SPS Measures,
hereafter called the Committee, comprising regulatory and trade representatives of each Party
who have responsibility for SPS measures.

2. The functions of the Committee include:

a) To monitor the implementation of this Chapter and to consider any matter relating to
this Chapter, and to examine all matters which may arise in relation to its
implementation;

b) To provide direction for the identification, prioritization, management and resolution of
issues;

c) To address any requests by the Parties for the modification of import checks;

d) At least once a year, to review the Annexes to this Agreement, notably in light of
progress made under the consultations provided for under this Agreement. Following its
review, the Committee may decide to amend the Annexes to this Chapter. The Parties
may approve the decision subject to their respective applicable internal requirements and
procedures. The decision shall enter into force on such date as the Parties may agree;

e) To monitor the implementation of the decisions referred to in paragraph (d), above, as
well as the operation of measures referred to under paragraph (d) above;

f) To provide a regular forum for exchanging information relating to each Partys
regulatory system, including the scientific and risk assessment basis for SPS measures;

g) To prepare and maintain a document detailing the state of discussions between the
Parties on their work on recognition of the equivalence of specific SPS measures;

3. In addition, the Committee may, inter alia:

a) identify opportunities for greater bilateral engagement, including enhanced
relationships, which may include exchanges of officials;

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b) discuss at an early stage, changes to, or proposed changes to, measures being
considered;

facilitate improved understanding between Parties related to the implementation of the WTO SPS
Agreement, promoting cooperation between Parties on SPS issues under discussion in multilateral
fora, including the WTO SPS Committee and international standard-setting bodies, as appropriate;

identify and discuss, at an early stage, initiatives that have an SPS component and would benefit
from cooperation.

4. The Committee may establish working groups consisting of expert-level representatives of
the Parties, to address specific SPS issues.

5. A Party may refer any SPS issue to the Committee. The Committee should consider any
matter referred to it as expeditiously as possible.

6. [In the event that the Committee is unable to resolve an issue expeditiously, the Committee
shall, upon request of a Party, report promptly to the CETA Oversight Body]

7. Unless the Parties otherwise agree, the Committee shall meet and establish its work program
no later than six months 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 Committee shall meet as required, normally on an annual
basis. If agreed by the Parties, a meeting of the Committee may be held by videoconference or
teleconference. The Committee may also address issues out of session by correspondence.

9. [The Committee shall report annually on its activities and work program to the CETA
Oversight Body]

10. Upon entry into force of this Agreement, each Party shall designate and inform the other
Party of a Contact Point to coordinate the Committees agenda and to facilitate communications on
SPS matters.

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Annex I

COMPETENT AUTHORITIES

A. Competent authorities of the EU

Control is shared between the national Services of the Member States and the European
Commission. In this respect the following applies:

- As regards exports to Canada, the Member States are responsible for the control of the
production circumstances and requirements, including statutory inspections/audits and issuing
health certification attesting to the agreed standards and requirements.
- As regards imports from Canada, the Member States are responsible for the control of the
compliance of the imports with the EUs import conditions.
- The European Commission is responsible for overall co-ordination, inspection/audits of
control systems and the necessary legislative action to ensure uniform application of standards and
requirements of the Agreement.

B. Competent authority of Canada

The following are responsible for the application of sanitary and phytosanitary measures in respect
of domestically produced, exported and imported animals and animal products, plants and plant
products, and for issuing health certificates attesting to agreed standards unless otherwise noted: the
Canadian Food Inspection Agency (CFIA), or the Department of Health, as appropriate, or any
successor entity notified to the other Party.

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Annex II
REGIONAL CONDITIONS

A. DISEASES FOR WHICH REGIONALISATION DECISIONS CAN BE TAKEN

Disease
Foot-and-mouth disease
Vesicular stomatitis
Swine vesicular disease
Rinderpest
Peste des petits ruminants
Contagious bovine pleuropneumonia
Lumpy skin disease
Rift Valley fever
Bluetongue
Sheep pox and goat pox
African horse sickness
African swine fever
Classical swine fever
Notifiable avian influenza
Newcastle disease
Venezualan equine encephalomyelitis
Epizootic haemorrhagic disease

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Aquatic Diseases
The list of aquatic diseases is to be discussed further by the Parties on the basis of the International Aquatic Animal
Health code of the OIE.

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Annex III

PROCESS OF RECOGNITION OF REGIONAL CONDITIONS
A. ANIMAL DISEASES

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Annex IV

GUIDELINES FOR THE DETERMINATION, RECOGNITION AND MAINTENANCE OF
EQUIVALENCE

Maintenance of Equivalence

1. If a Party intends to adopt, modify, or repeal a measure in an area that had been subject to a
recognition of equivalence as set out in paragraph 3(a) of Article 7 or a recognition described in
paragraph 3(b) of Article 7, that Party should:

a) evaluate whether the adoption, modification or repeal of the measure may affect the
recognition;
b) notify the other Party of the intended adoption, modification or repeal of the measure as well
as of the evaluation in paragraph (a). Such notification should take place at an early and appropriate
stage, when amendments can still be introduced and comments taken into account.

2. If a Party adopts, modifies, or repeals a measure in an area, the importing Party should continue
to accept either the recognition of equivalence as set out in paragraph 3(a) of Article 7 or the
recognition described in paragraph 3(b) of Article 7, 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 in developing these special conditions.
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Annex V

RECOGNITION OF MEASURES

If Canadian or European Union standards identified in Annex V have been amended, these amended
standards apply. For updated standards, please refer to the legislative publications of each Party.

If an importing Party no longer legally requires a measure, and upon mutual agreement between the Parties,
special conditions in the Annex relating to that measure will no longer apply.

Standards of the importing Party not otherwise referenced in Annex V will apply as appropriate to products
exported to that Party.

Sanitary Measures

ACRONYMS

CFIA Canadian Food Inspection Agency
DC Disease Control (Manual of Procedures)
EBL Enzootic bovine leucosis
EU European Union
IBR Infectious Bovine Rhinotracheitis
OIE World Organisation for Animal Health
TSE Transmissible spongiform encephalopathy
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EuropeanUnionExportstoCanada
CanadianExportstotheEuropeanUnion
EU Standards Canadian Standards Special Conditions Canadian Standards EU Standards Special Conditions
114

Semen

Cattle
Animal Health

Directive
88/407
Health of Animals Act and
Regulations
Semen collection centre clinically free of
paratuberculosis

Regulations

DC Manual of Procedures, Sec.
15

Directive
88/407

Leucosis - (serum) ELISA
In addition, when possible, the uterine dam of the
prospective donor bull should be subjected to an
ELISA test for EBL, subsequent to the weaning of the
prospective donor, with negative results.
This test of the uterine dam is required to export semen
to the EU Member States when semen is collected from
a donor bull before reaching age 24 months, 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 EBL (CHAHEBL).

IBR - (serum) ELISA
The semi-annual testing for IBR of all resident animals
must be performed at IBR negative facilities which are
approved for export to the European Union. Only IBR
negative facilities are allowed to export semen to the
European Union.

Embryos

In vivo derived Bovine
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Animal Health Directive
89/556

Regulations Permit conditions

Regulations

CFIA Embryo Export Approval
Program
Directive
89/556
Decisions
2006/168
2007/240
The donor females spent the six months immediately
prior to the collection within Canada in no more than
two herds:
- which, according to official findings, were free
from tuberculosis,
- which, according to official findings, were free
from brucellosis,
- which were free from enzootic bovine leucosis
or in which no animal showed clinical signs of enzootic
bovine leucosis during the previous three years,
- in which no bovine animal showed clinical
signs of infectious bovine rhinotracheitis/infectious
pustular vulvovaginitis during the previous 12 months.

There was no outbreak of epizootic haemorrhagic
disease within 10 km of where the donor female is
located during the 30 days prior to collection.

The semen is collected/stored in collection/storage
centres approved by the competent authority of a third
country authorized to import semen to the EU or was
exported from EU.

Fresh Meat

Ruminants, equidae, porcine, poultry, farmed game from deer, rabbit and ratite
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116
Public health Regulations
852/2004
853/2004
854/2004
2073/2005
2075/2005
Meat Inspection Act and
Regulations

Food and Drugs Act and
Regulations

(i) Compliance with Canadian rules on
TSE
(ii) Prolonged delayed evisceration not
permitted
(iii) Compliance with microbiological food
safety criteria of the importing Party.
Regulations

Regulations

Regulations
852/2004
853/2004
854/2004
2073/2005
2075/2005
See Appendix A

Meat Products

Ruminants, equidae, pigs, poultry and farmed game
Public Health Regulation
852/2004
853/2004
854/2004
2073/2005

Regulations

Regulations

(i) Fresh meat used to make the products
must comply with applicable special
conditions.
(ii) Compliance with product standards of
the importing Party.
Regulations

Regulations

Regulations
852/2004
853/2004
854/2004
2073/2005

(i) Fresh meat used to make the products must comply
with applicable special conditions.
(ii) Compliance with product standards of the
importing Party.
(iii) Compliance with microbiological food safety
criteria of the importing Party.

Minced Meat, Meat Preparations

Public Health Regulations
852/2004
853/2004
854/2004
2073/2005

Regulations

Regulations

conditions.
Regulations

Regulations
Regulations
852/2004
853/2004
854/2004
2073/2005
with applicable special conditions.
importing Party.
(iii) Compliance with microbiological food safety
criteria of the importing Party.
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Processed animal proteins for human consumption

Public health Regulation
852/2004
853/2004
854/2004
Regulations

Regulations

conditions
Regulations

Regulations

Regulations
852/2004
853/2004
854/2004

with applicable special conditions
importing Party.

Rendered animal fat intended for human consumption

Public health Regulation
852/2004
853/2004
854/2004
Regulations

Regulations
conditions
the importing Party
Regulations

Regulations
Regulations
852/2004
853/2004
854/2004

with applicable special conditions
importing Party

Animal casings for human consumption

Cattle, sheep, goats and pigs
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118
Public health Regulations
852/2004
853/2004
854/2004
Regulations

Regulations

Compliance with Canadian rules on TSE

Regulations

Regulations
Regulations
852/2004
853/2004
854/2004
Compliance with EU rules on TSE

Fishery products and live bivalve molluscs

Fish and fishery products for human consumption
852/2004
853/2004
854/2004
2073/2005
2074/2005

Fish Inspection Act and
Regulations

Regulations

Smoked fish packed in hermetically sealed
containers that are not frozen, must contain
a salt level not less than 9% (water phase
method).

The Canadian and EU systems are deemed
to provide an equivalent level of protection
with respect to microbiological
requirements. However, the
microbiological criteria used by Canada
and the EU for end product monitoring
differ in some aspects. For exported
products it is the responsibility of the
exporter to assure their products meet the
food safety criteria of the importing
country
Regulations

Regulations

Regulations
852/2004
853/2004
854/2004
2073/2005
2074/2005

The Canadian and EU systems are deemed to provide
an equivalent level of protection with respect to
microbiological requirements. However, the
microbiological criteria used by Canada and the EU for
end product monitoring differ in some aspects. For
exported products it is the responsibility of the exporter
to assure their products meet the food safety criteria of
the importing country

Deheaded eviscerated fish for human consumption
Animal Health Directive
2006/88

Regulations Part XVI

Reportable Disease
Regulations
Regulations Part XVI
Directive
2006/88
Regulation
1251/2008

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Live bivalve molluscs for human consumption, including echinoderms, tunicates and marine gastropods
852/2004
853/2004
854/2004
2074/2005

Regulations

Regulations

country

Regulations

Management of Contaminated
Fisheries Regulations under the
Fisheries Act

Regulations

Regulations
852/2004
853/2004
854/2004
2074/2005

LBM must be monitored for DSP toxins on a risk based
level


Fish caught under the authority of a recreational fishing licence from Canada
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Area
120
Public Health Fish Inspection Act and
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 have to be fulfilled:

(i) 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;

(ii) The fish has been eviscerated under appropriate
hygiene and preservation measures;

(iii) The fish is not a toxic species nor a species that
may contain biotoxins;

(iv) The fish must be introduced into the 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
has to be attached to the accompanying document.

Milk and Milk Products for human consumption

Pasteurized or cheeses from not pasteurised (or low heat treated) and raw milk maturated for at least 60 days
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121
Public Health Regulation
852/2004
853/2004
854/2004
Regulations Section 34.

Regulations
(Section B008)

Canada Agricultural Products
Act and Dairy Products
Regulations

country
Regulations (Section B008)

Regulations

Decision
2011/163
Regulation
852/2004
853/2004
854/2004
605/2010

Canada to evaluate HACCP systems of establishments
which are not FSEP-HACCP recognized to ensure they
are operating under HACCP principles.

Two signatures are required on the export certificate:
animal health attestations are signed by an official
veterinarian; public health related attestations are
signed by an official inspector.


Animal casings not for human consumption

Pigs
Animal Health Regulation
1069/2009
Regulations Part IV

Bones, horns and hooves (except meals) and their Products not for human consumption

Animal health Health of Animals Act and
Regulations
Regulation
1069/2009
Certificate as per Decision 97/534

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122

Blood and Blood Products not intended for human consumption

Ruminant
1069/2009

Regulations Part IV and Part
XIV

Feeds Act and Regulations
Compliance with Canadian rules on TSE

Apiculture products not for human consumption

1069/2009

Regulations Part VI. Industry
consultation.
Must be subjected to treatment, i.e. freeze
drying, irradiation, vacuum packaging.
Regulations

DC Manual of Procedures,
Honeybee prohibition order

Directive AH-95-BP/PA-01

Section 57, Health of Animals
Act and Regulations
Regulation
1069/2009

Bee products used for animal or human feed or
industrial use is not restricted.

Bee products used for bee feeding must be treated.

Wool, feathers and hair

Wool
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1069/2009

Regulations Part IV
Certificate of origin Health of Animals Act and
Regulations
Regulation
1069/2009

Pig bristle
1069/2009

Regulations Part IV
Certificate of origin Health of Animals Act and
Regulations
Regulation
1069/2009

Shell Eggs and Egg Products intended for human consumption

Animal Health Directives
90/539
2002/99
Regulations Part III and Part
IV (for some products)
Statement of origin
Veterinary certification
Directive AH-95-G-01 Directives
90/539
2002/99

Horizontal Issues

Water Directive
98/83
Regulations

Regulations

Regulations

Regulations
Regulations

Regulations

Regulations

Regulations
Directive
98/83

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APPENDIX A: SPECIAL CONDITIONS, CANADIAN EXPORTS TO THE EU

(i) Compliance with EU rules on TSE

(ii) Hides must be removed from veal.

(iii) Shrouds not to be used on carcases.

(iv) Compliance with EU rules on decontamination.

(v) Wooden pallets may be used in areas of the establishments where products are fully packaged (e.g., freezers or
coolers)
The use of wooden pallets in rooms where exposed meat is present must be phased out.
As an interim measure, when wooden pallets are used in rooms where products is exposed, adequate control must be
exercised to maintain the pallets free of contamination and damage. Plant management must ensure that pallets are
in good repair and clean before use. Wooden pallets must be kept at least 3 metres away from exposed products and
covered with a plastic.

(vi) Product flow to assure all hygiene requirements: Exposed meat must be stored in a separate room from
packaged meat, unless stored at different times.

(vii) Packaging operations in the same room are subject to the following conditions: Packaging material must be
assembled under hygienic conditions either in a separate room or, if in the cutting room, never within 3 meters of
exposed products.

(viii) Compliance with microbiological testing for export to Finland and Sweden as laid down in the Commission
Regulation (EC) No 1688/2005.

(ix) Pens for sick and suspect animals:
Wood shall not be used for pens for sick and suspect animals.

(x) ante-mortem inspection
- All animals except swine:
Ante-mortem inspection must be conducted by a veterinarian
-Swine
1. Market hogs will be inspected in accordance with CFIA procedures.
2. Swine other than market hogs must be inspected by a veterinarian.
Note: Market hogs mean fattening young pigs, as confirmed by ante-mortem inspection and dressed carcass weight
which must not exceed 100 kg.
Meat:
In accordance with the Commission Regulation (EC) No 2075/2005, skeletal muscle is to be 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 to be submitted to cold treatment by using a treatment approved by the CFIA.
2. Bovine
-livers: incision of the gastric surface and at the base of the caudate lobe to examine the bile ducts.
-Head: two incisions must be made in the external masseters parallel to the mandible.
3. Domestic solipeds
CFIA for that purpose.
4. Farmed game - wild boar
CFIA for that purpose.

(xi) Regular check on general hygiene: In addition to Canadian operational and preoperational sanitation
SPS

125
requirements, the products testing requirements for E. coli and Salmonella in the section on USA this chapter must
be implemented.

(xii) Compliance with microbiological food safety criteria of the importing Party.

B. Phytosanitary Measures

To be agreed at a later stage
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126
Annex VI
APPROVAL OF ESTABLISHMENTS OR FACILITIES

The conditions for the purpose of Article 8(4)(b) are as follows:

a. The import of the product has been authorized, 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 any relevant information requested by the importing
Party.
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127

Annex VII
PROCEDURE RELATED TO SPECIFIC IMPORT REQUIREMENTS FOR PLANT
HEALTH

A key objective of this procedure is that the importing Party establishes and updates, to the best
of its ability, a list of regulated pests for commodities where a phytosanitary concern exists in the
importing Party.

1. For a specific commodity jointly identified as a priority by the Parties, the importing Party
should establish a preliminary list of pests within a timeframe jointly determined by the Parties
once it has received from the exporting Party:

a) information on the pest status in the exporting Party relating to the pests regulated by at least
one of the Parties;

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. In cases where 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 importing Party which measure or measures it will
use as the basis for certification.

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128

Annex VIII

PRINCIPLES AND GUIDELINES FOR CONDUCTING AN AUDIT OR
VERIFICATION

SPS

129
Annex IX
EXPORT CERTIFICATION
Model attestation for health certificates for animals and animal products
Official health certificates will cover consignments of products being traded between the Parties.
Health attestations:
(a) equivalence agreed - Model health attestation to be used (equivalence for measures or
certification systems). Refer to Annex V;
The (insert product) herein described, complies with the relevant (Union/Canada) (*) standards and
requirements which have been recognized as equivalent to the (Canada/Union (*)) standards and
requirements as prescribed in Annex V of the CETA SPS [Cda: chapter] and the special conditions as laid
down in the same annex V(*).
* Delete as appropriate.
(b) Until certificates on the basis of equivalence have been adopted, existing certification shall
continue to be used.
Official languages for certification
Import into the 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 Union.
Import into Canada
The certificate must be drawn up in one of the official languages of Canada.
Means of certification
The exchange of original certificate(s) information may occur by paper-based systems and / or secure
methods of electronic data transmission offering equivalent certification guarantees. Where the exporting
Party elects to provide electronic official certification the importing Party must have determined that
equivalent security guarantees are being provided, including the use of digital signature and 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 the CETA SPS chapter or
by correspondence in accordance with Article 15(8) to the CETA SPS chapter.

The Union may lay down its import certificates for live animals and animal products from Canada with an
equivalence status as referred to in Annex V in TRACES.
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Annex X

IMPORT CHECKS AND FEES

A Frequencies of checks

Frequencies of frontier checks on consignments of live animals, animal products and animal by-
products

The Parties may modify any frequency rate, within their responsibilities, as appropriate, taking
into account the nature of any checks applied by the exporting Party prior to export, the
importing Partys past experience with products imported from the exporting Party, any progress
made toward the recognition of equivalence, or as a result of other actions or consultations
provided for in this Agreement.

Type of frontier check
Normal rate as per
Article 9 (1)
[Import checks
and inspection
fees]
1. Documentary and identity
Both Parties will perform documentary and identity checks on all consignments

2. Physical Checks
Live animals 100%
Semen/embryos/ova 10%
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131

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%
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132

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/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%
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Processed animal protein not for human consumption (bulked)
100 % 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 %
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%

Fish and fishery products for human consumption

Fish products in hermetically sealed containers intended to render them stable at ambient
temperatures, fresh and frozen sigh and dry and/or salted fisheries products. Other fishery
products.

Live crustaceans or fresh headed and degutted fish without other manual processing.

15%

2%

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 such Party.


134

Customs and Trade Facilitation

135
8. CUSTOMS AND TRADE FACILITATION

CHAPTER X

CUSTOMS AND TRADE FACILITATION

Article X-1: Objectives and Principles

The Parties acknowledge the importance of customs and trade facilitation matters in the evolving
global trading environment.

The Parties shall to the extent possible cooperate and exchange information, including
information on best practices, for the purpose of promoting the application of and compliance
with the trade facilitation measures agreed upon under this Agreement.

The Parties agree that measures to facilitate trade shall not hinder mechanisms to protect persons
through effective enforcement of and compliance with national requirements.

The Parties agree that import, export and transit requirements and procedures shall be no more
administratively burdensome or trade restrictive than necessary to achieve legitimate objectives.

The Parties agree that international trade and customs instruments and standards shall be the
basis for import, export and transit requirements and procedures, where such instruments and
standards exist, except where they would be an inappropriate or ineffective means for the
fulfillment of the legitimate objectives pursued.

Article X-2: Transparency

Each Party shall publish or otherwise make available, including through electronic means, all
their legislation, regulations, judicial decisions and administrative policies relating to its
requirements for imported or exported goods.

Each Party shall endeavour to make public, including on the internet, any regulations and
administrative policies governing customs matters that it proposes to adopt and provide
interested persons the opportunity to comment prior to their adoption.

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 X-3: Release of Goods

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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. Such procedures:

shall allow for the release of goods within a period no greater than that required to ensure
compliance with its Canadian domestic law and EU or EU Member States' legislation.

may require the submission of more extensive information through post-entry accounting and
verifications, as appropriate;

shall allow goods, and to the greatest extent possible controlled or regulated goods, to be
released at the first point of arrival ;

shall endeavour to allow for the expeditious release of goods in need of emergency clearance;

shall 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;

provide for, in accordance with Canadian domestic law and EU or EU Member States legislation
simplified documentation requirements for the entry of low-value goods as determined by that
Party

Each Party shall allow for the expedited release of goods and, to the extent possible or where
applicable, shall:

provide for advance electronic submission and processing of information before physical arrival
of goods to enable their release upon arrival, where no risk has been identified or where no
random checks are to be performed and
provide for clearance of certain goods with a minimum of documentation.

3. 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, inter
alia, converging import and export data and documentation requirements, and establishing a
single location for one-time documentary and physical verification of consignments.

4. Each Party shall ensure, to the greatest extent possible, that the requirements of its agencies
related to the import and export of 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 X-4: Customs Valuation


137
The Agreement on the Implementation of Article VII of the GATT (1994) shall govern customs
valuation applied to reciprocal trade between the parties.

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

Article X-5: Classification of Goods

The classification of goods in trade between the Parties shall be that set out in each Party's
respective tariff nomenclature in conformity with the International Convention on the
Harmonized Commodity Description and Coding System.

Article X-6: Fees and Charges

Each Party shall publish or otherwise make available information on fees and charges imposed
by a customs administration, including through electronic means. This information shall include
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 X-7: Risk Management

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

The Parties agree to adopt and apply their import, export and transit requirements and procedures
for goods on the basis of risk management principles, to be applied to focus compliance
measures on transactions that merit attention.

The above shall not preclude a Party from conducting quality control and compliance reviews,
which may require more extensive examinations.

Article X-8: Automation

Each Party shall use information technologies that expedite domestic procedures for the release
of goods in order to facilitate trade including trade between the Parties.

Each Party shall:

endeavour to make available by electronic means customs forms that are required for the
import or export of goods;

allow, subject to Canadian domestic law or EU or EU Member States' legislation, those customs
forms to be submitted in electronic format; and


138
where possible, through its customs administration, establish a means of providing for the
electronic exchange of information with its trading community.

Each Party shall endeavour to:

develop or maintain fully interconnected single window systems to facilitate a single, electronic
submission of all information required by customs and non-customs legislation for cross-border
movements of goods; and

develop a set of data elements and processes in accordance with the WCO Data Model and
related WCO recommendations and guidelines.

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 X-9: Advance Rulings

1. Each Party shall issue upon written request advance rulings on tariff classification in
accordance with its legislation.

2. Each party shall publish, (e.g. on the Internet), subject to any confidentiality requirements,
information on advance rulings on tariff classification that is relevant for a proper understanding
and application of tariff classification rules

3. To facilitate trade, the Parties shall include in their bilateral dialogue regular updates on
changes in their respective legislation and its implementation on the matters referred to in
paragraphs 1 and 2.

Article X-10: Review and Appeal

Each Party shall ensure that any 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.

Such tribunal or official acting pursuant to such 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 Partys domestic law.

Each Party shall provide for an administrative level of appeal or review, independent of the
official or, where applicable, the office responsible for the original action or decision, before
requiring a person to seek redress at a more formal or judicial level.

Each Party shall grant substantially the same rights of review and appeal of determinations of
advance rulings by its customs administration as it provides to importers in its territory to any
person who has received an advance ruling pursuant to Article X-9 (Advance Rulings for Tariff
Classification).

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Article X-11: Penalties

Each Party shall ensure that its respective customs laws and regulations provide that any
penalties imposed for breaches of customs regulations or procedural requirements be
proportionate and non-discriminatory and, in their application, do not result in unwarranted
delays.

Article X-12: Confidentiality

Each Party shall, in accordance with the Canadian domestic law and EU and EU Member States'
legislation, treat as strictly confidential all information obtained pursuant to 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.

Where the Party receiving or obtaining information is required by its laws to disclose the
information, that Party shall notify the Party or person who provided the information.

Each Party shall ensure that the confidential information collected pursuant to this Chapter shall
not be used for purposes other than the administration and enforcement of customs matters,
except with the permission of the person or Party who provided the confidential information.

A party may allow information collected pursuant to this Chapter to be used in any
administrative, judicial or quasi-judicial proceedings instituted for failure to comply with
customs-related laws and regulations implementing this Chapter. A Party shall notify the person
or Party who provided the information in advance of such use.

Article X-13: Cooperation

The Parties shall continue to cooperate in international fora, such as the World Customs
Organization (WCO), to achieve mutually-recognized goals, such as those set out in the WCO
Framework of Standards to Secure and Facilitate Global Trade.

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.

The Parties agree to cooperate in accordance with the 1998 Agreement between Canada and the
European Community on Customs Cooperation and Mutual Assistance in Customs Matters,
including future amendments thereto.

The Parties shall provide each other with mutual assistance in customs matters, including a
suspected breach of customs legislation relating to the implementation of the provisions of this

140
Agreement, in accordance with the 1998 Agreement between Canada and the European
Community on Customs Cooperation and Mutual Assistance in Customs Matters, including
future amendments thereto.

ARTICLE X-14: Joint Customs Cooperation 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 [X.02] 'Specialised
Committees' in Chapter [Administrative and Institutional Provisions], shall ensure the proper
functioning of Chapter [Customs and Trade Facilitation] and the Protocol on Rules of Origin and
Origin Procedures, as well as Article [X.24] 'Border Measures' of the Chapter [Intellectual
Property] and Article 9 [Temporary Suspension of Preferential Tariff Treatment] of the Chapter
[National Treatment and Market Access for Goods]. The JCCC shall examine all issues arising
from their application in accordance with the objectives of this Agreement.

For matters covered by this Agreement, the JCCC shall consist of representatives of the customs,
trade, and/ or* other competent authorities as each Party deems appropriate.

The Parties shall ensure that the composition of their representatives in JCCC meetings
corresponds to the agenda items. The JCCC may meet in a specific configuration of expertise to
deal with rules of origin or origin procedures matters ('JCCC-Rules of Origin' or JCCC-Origin
Procedures).

The JCCC may formulate resolutions, recommendations or opinions and present draft decisions
to the CETA Joint Committee which it considers necessary for the attainment of the common
objectives and sound functioning of the mechanisms established in Chapter [Customs and Trade
Facilitation] and the Protocol on Rules of Origin and Origin Procedures, as well as Article [X.24]
'Border Measures' of the Chapter [Intellectual Property] and Article 9 [Temporary Suspension of
Preferential Tariff Treatment] of the Chapter [National treatment and Market Access for Goods].

141
Subsidies

142
9. SUBSIDIES

FREE TRADE AGREEMENT WITH CANADA
Chapter on Subsidies
Article x1
Definition of a subsidy

1. For the purposes of this Agreement, a subsidy is a measure related to trade in goods
which fulfils the conditions set out in Article 1.1 of the WTO Agreement on Subsidies and
Countervailing Measures (SCM Agreement).

2. A subsidy shall be subject to this chapter only if it is specific within the meaning of
Article 2 of the SCM Agreement.

Article x2
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:

the legal basis of the subsidy;
the form of the subsidy; and
the amount of the subsidy or the amount budgeted for the subsidy.

Notifications provided to the World Trade Organization under Article 25.1 of the SCM
Agreement shall be deemed to have met this requirement.

2. 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 x3
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 concern to the other Party and request informal consultations on the
matter. The responding Party shall accord full and sympathetic consideration to that request.

Subsidies

143
2. During informal 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 informal 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 shall not apply to subsidies related to agricultural goods and fisheries
products, and is without prejudice to Articles x4 and x5.

Article x4
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 requested Party shall accord full and sympathetic consideration to that request and
will use its best endeavours to eliminate or minimize 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 x5
Agriculture Export Subsidies

1. For the purposes of this Article, "export subsidy" means an export subsidy as defined in
Article 1(e) of the WTO Agreement on Agriculture,

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 its [Tariff Elimination Schedule]. Fully eliminated tariff
means, where tariff quotas exist, the elimination of either the in- or the over-quota tariff.
Article x6
Confidentiality

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144

When providing information under this chapter, a Party is not required to disclose
confidential information.

Article x7
Excluded Subsidies and Government Support Culture

Nothing in this Agreement applies to subsidies or government support with respect to audio-
visual services for the EU and to cultural industries for Canada

Article x8
Relationship with the WTO

Each Party retains its rights and obligations under Article VI of GATT 1994, the SCM
Agreement and the WTO Agreement on Agriculture.

Article x9
Dispute settlement

Articles x3 and x4 of this chapter shall not be subject to the dispute settlement provisions of this
Agreement.


145

Investment

146
10. INVESTMENT

Section 1: Scope and Definitions

Article X.1: Scope of Application

1. This Chapter shall apply to measures adopted or maintained by a Party in its territory
15

relating to:

(a) investors of the other Party;

(b) covered investments; and

(c) with respect to Articles X.5 (Performance Requirements), all investments in the territory of
the Party.

2. The Section on Establishment of Investments, and the Section on Non-Discriminatory
Treatment with regard to the establishment or acquisition of a covered investment, do not apply
to measures relating to:

air services, related services in support of air services and other services supplied by means of air
transport
16
, other than:

Aircraft repair and maintenance services;

The selling and marketing of air transport services;

Computer reservation system (CRS) services;

Ground handling services;
15
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 of 10 December 1982,:
(a) of Canada as referred to in Article X.02 (Country-specific definitions Geographical scope of Application (a));
and
(b) in which the Treaty on the European Union and the Treaty on the Functioning of the European Union Treaty are
applied as referred to in Article X.02 (Country-specific definitions Geographical scope of Application (b)).

16
These services include services where an aircraft is being used to carry out specialised activities in sectors
including agriculture, construction, photography, surveying, mapping, forestry, observation and patrol, and
advertising, where this specialised activity is provided by the person that is responsible for the operation of the
aircraft.

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147

Airport operation services.

Activities carried out in the exercise of governmental authority.

3. For the EU, the Section on Establishment of Investments and Section on Non-
Discriminatory Treatment do not apply to measures with respect to Audiovisual services.

For Canada, the Section on Establishment of Investments and Section on Non-Discriminatory
Treatment do not apply to measures with respect to cultural industries.

4. Claims may be submitted by an investor under this Chapter only in accordance with
Section 6 Article 17 (Scope of a Claim to Arbitration), and in compliance with the procedures
otherwise set out in that Section. Claims in respect of Section 2 (Establishment of Investments)
are excluded from the scope of Section 6. Claims in respect of the establishment or acquisition of
a covered investment under Section 3 (Non-Discriminatory Treatment) are excluded from the
scope of Section 6. Section 4 (Investment Protection) applies only to covered investments and to
investors in respect of their covered investments.

5. Nothing in this Chapter shall affect the Parties' rights and obligations under the
Agreement on Air Transport between Canada and the European Community and its Member
States.
Article X.2: 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 [XY] (Financial
Services).

2. A requirement by a Party that a service provider of the other Party post a bond or other
form of financial security as a condition of providing a service into its territory does not of itself
make this Chapter applicable to measures adopted or maintained by the Party relating to the
provision of that cross-border service. This Chapter shall apply 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.

Article X.3: Definitions

For the purpose of this Chapter:
activities carried out in the exercise of governmental authority means an activity carried out
neither on a commercial basis nor in competition with one or more economic operators.

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148
aircraft repair and maintenance service means such activities when undertaken on an aircraft
or a part thereof while it is withdrawn from service and do not include so-called line
maintenance.

airport operation services means the operation and/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 the property of a disputing party to secure or ensure the
satisfaction of an award.

computer reservation system service means services supplied 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:
confidential business information; or
information which is protected against being made available to the public, in the case of the
information of the respondent, under the law of the respondent and in the case of other
information, under any law or rules determined to be applicable to the disclosure of such
information by the tribunal.

covered investment means, with respect to a Party, an investment:
in its territory;
made in accordance with the applicable law at that time;
directly or indirectly owned or controlled by an investor of the other Party; and
existing on the date of entry into force of this Agreement, as well as investments made or
acquired thereafter.

disputing party means either the investor that initiates proceedings pursuant to Section 6 or the
respondent. For the purpose of Section 6 and without prejudice to Article x-13 (Subrogation), 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 any entity duly constituted or otherwise organized under applicable law,
whether for profit or otherwise, and whether privately-owned or controlled or governmentally-
owned or controlled, including any corporation, trust, partnership, joint venture, sole
proprietorship or association and a branch or representative office of any such entity.

ground handling services means the provision, on a fee or contract basis, of the following
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149
services: 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; and catering services. Ground handling services do not include
security services and the operation or management of centralised airport infrastructures, such as
baggage handling systems, de-icing facilities, fuel distribution systems, and intra-airport
transport systems.

ICSID means the International Centre for Settlement of Investment Disputes established by the
ICSID Convention.

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, 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, where such rights are provided by domestic law, utility model rights. The 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:

an enterprise;

shares, stocks and other forms of equity participation in an enterprise;

bonds, debentures and other debt instruments of an enterprise;

a loan to an enterprise;

any other kinds of interest in an enterprise;

an interest arising from:

a concession conferred pursuant to domestic law or under a contract, including to search for,
cultivate, extract or exploit natural resources,
a turnkey, construction, production, or revenue-sharing contract, or
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150
other similar contracts;

intellectual property rights;

any other moveable property, tangible or intangible, or immovable property and related rights;

claims to money or claims to performance under a contract;

For greater certainty, 'claims to money' does not include 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, domestic
financing of such contracts, or any related order, judgment, or arbitral award.

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:

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

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 a).

locally established enterprise means a juridical person which has the nationality of the
respondent and which is owned or controlled, directly or indirectly, by an investor of the other
Party.

measure includes a law, regulation, rule, procedure, decision,
administrative action, requirement, practice or any other form of measure by a Party.

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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, a natural person having the nationality of one of the Member States
of the EU according to their respective legislation, 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-citizens passport.

A natural person who is a citizen of Canada and has the nationality of one of the Member States
of the EU shall be 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, shall be 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, 10 June 1958.

non-disputing Party means either Canada, where the European Union or a Member State is the
respondent, or the European Union, where Canada is the respondent.

respondent means either Canada or, in the case of the European Union, either the Member State
or the European Union pursuant to Article x-20 (Determination of the respondent for disputes
with the European Union or its Member States).

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 service 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. These activities do not include the pricing
of air transport services or the applicable conditions.

Tribunal means an arbitration tribunal established under Article x-22 (Submission of a Claim to
Arbitration) or x-41 (Consolidation).

UNCITRAL Arbitration Rules means the arbitration rules of the United Nations Commission
on International Trade Law.

UNCITRAL Transparency Rules means the UNCITRAL Rules on Transparency in Treaty-
based Investor-State Arbitration.
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Section 2: Establishment of Investments

Article X.4: Market Access

1. Neither Party shall adopt or maintain with regard to market access through establishment
by an investor of a Party, either 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, measures that:

(a) impose limitations on:

(i) the number of enterprises that may carry out a specific economic activity whether in the form
of numerical quotas, monopolies, exclusive 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;
17

(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;

(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.

(b) restrict or require specific types of legal entity or joint venture through which an enterprise
may carry out an economic activity.

For greater certainty, the following are consistent with paragraph 1 of this article;

Measures concerning zoning and planning regulations affecting the development or use of land,
or other analogous measures.

Measures requiring the separation of the ownership of infrastructure from the ownership of the
goods or services provided through that infrastructure to ensure fair competition, for example in
the fields of energy, transportation and telecommunications.

Measures restricting the concentration of ownership to ensure fair competition.

Measures seeking to ensure the conservation and protection of natural resources and the
environment, including limitations on the availability, number and scope of concessions granted,
and the imposition of moratoria or bans.
17
Subparagraphs 1(a) (i), (ii) and (iii) do not cover measures taken in order to limit the production of an agricultural product.
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Measures limiting the number of authorizations granted because of technical or physical
constraints, for example telecommunications spectrum and frequencies.

Measures requiring that a certain percentage of the shareholders, owners, partners, or directors of
an enterprise be qualified or practice a certain profession such as lawyers or accountants.

Article X.5: Performance Requirements

1. Neither Party may impose, or enforce any of the following requirements, or enforce any
commitment or undertaking, in connection with the establishment, acquisition, expansion,
management, conduct or operation of all investments in its territory to:

(a) export a given level or percentage of goods or services;

(b) achieve a given level or percentage of domestic content;

(c) purchase, use or accord a preference to goods produced or services provided in its
territory, or to purchase goods or services from natural persons or enterprises in its territory;

(d) relate in any way the volume or value of imports to the volume or value of exports
or to the amount of foreign exchange inflows associated with such investment;

(e) restrict sales of goods or services in its territory that such investment produces or
provides by relating such sales in any way 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 enterprises 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. Neither Party may condition the receipt or continued receipt of an advantage, in
connection with the establishment, acquisition, expansion, management, conduct or operation of
all 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 goods produced in its territory, or to purchase
goods from producers in its territory;

(c) to relate in any way the volume or value of imports to the volume or value of exports or
to the amount of foreign exchange inflows associated with such investment; or

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(d) to restrict sales of goods or services in its territory that such investment produces or
provides by relating such sales in any way to the volume or value of its exports or foreign
exchange earnings.

3. (a) Nothing in paragraph 2 shall be construed to 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.

(b) Subparagraph 1(f) does not apply when 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.

4. The provisions of:

(a) subparagraphs 1(a), (b) and (c), and 2(a) and (b), do not apply to
qualification requirements for goods or services with respect to participation in export promotion
and foreign aid programs;

(b) this article does not apply to procurement by a Party for goods and
services purchased for governmental purposes and not with a view to commercial resale or with
a view to use in the supply of goods and services for commercial sale, whether or not that
procurement is "covered procurement" within the meaning of Article II of (Chapter XX - Public
procurement).

(c) For greater certainty, subparagraphs 2(a) and (b) do not apply to
requirements imposed by an importing Party relating to the content of goods necessary to qualify
for preferential tariffs or preferential quotas.

5. This article is without prejudice to WTO commitments of a Party.

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Section 3: Non-Discriminatory Treatment

Article X.6: National Treatment

1. Each Party shall accord to investors of the other Party and to covered investments,
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, or, with respect to a government of or in a
European Member State, treatment no less favourable than the most favourable treatment
accorded, in like situations, by that government to investors of that Party in its territory and to
investments of such investors.

Article X.7: Most-Favoured-Nation Treatment

1. Each Party shall accord to investors of the other Party and to covered investments,
treatment no less favourable than the treatment it accords in like situations, to investors and to
their investments of any third country with respect to the establishment, acquisition, expansion,
conduct, the 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 European Member State, treatment accorded, in like situations, by that
government to investors in its territory, and to investments of such investors, of any third
country.

3. Paragraph 1 shall not apply to treatment accorded by a Party providing for
recognition, including through arrangements or agreements with third parties recognising
accreditation of testing and analysis services and service suppliers or repair and maintenance
services and service suppliers, as well as the certification of the qualifications of or the results or
work done by such accredited services and service suppliers.

4. For greater certainty, the treatment referred to in Paragraph 1 and 2 does not include
investor-to-state dispute settlement procedures 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 by a Party pursuant to such
obligations.

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Article X.8: Senior Management and Boards of Directors

Neither Party may require that an enterprise of that Party that is a covered investment appoint to
senior management or the board of directors positions natural persons of any particular
nationality.

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Section 4: Investment Protection

Article X.9: Treatment of Investors and of Covered Investments

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 to 6.

A Party breaches the obligation of fair and equitable treatment referenced in paragraph 1 where a
measure or series of measures constitutes:
Denial of justice in criminal, civil or administrative proceedings;
Fundamental breach of due process, including a fundamental breach of transparency, in judicial
and administrative proceedings.
Manifest arbitrariness;
Targeted discrimination on manifestly wrongful grounds, such as gender, race or religious belief;
Abusive treatment of investors, such as coercion, duress and harassment; or
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.

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 may develop
recommendations in this regard and submit them to the Trade Committee for decision.

When applying the above fair and equitable treatment obligation, a 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.

For greater certainty, full protection and security refers to the Partys obligations relating to
physical security of investors and covered investments.

For greater certainty, a breach of another provision of this Agreement, or of a separate
international Agreement, does not establish that there has been a breach of this Article.

Article X.10: Compensation for Losses

Notwithstanding paragraph 5(b) of Article X.14 (Reservations and Exceptions), 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 any third country,
whichever is more favourable to the investor concerned, as regards restitution, indemnification,
compensation or other settlement.

Article X.11: Expropriation
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1. Neither Party may nationalize or expropriate a covered investment either directly, or
indirectly through measures having an effect equivalent to nationalization or expropriation
(hereinafter referred to as expropriation), except:

(a) for a public purpose;

(b) under due process of law;

(c) in a non-discriminatory manner; and

(d) against payment of prompt, adequate and effective compensation.

For greater certainty, this paragraph shall be interpreted in accordance with Annex X.11 on the
clarification of expropriation.

2. Such compensation 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 investor affected shall have a right, under the law of the expropriating Party, to
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 licenses granted in relation to
intellectual property rights, to the extent that such issuance is consistent with the Agreement on
Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the WTO Agreements
('TRIPS Agreement').

6. For greater certainty, the revocation, limitation or creation of intellectual property rights
to the extent that these measures are consistent with TRIPS and Chapter X (Intellectual Property)
of this Agreement, do not constitute expropriation. Moreover, a determination that these actions
are inconsistent with the TRIPS Agreement or Chapter X (Intellectual Property) of this
Agreement does not establish that there has been an expropriation.

Article X.12: Transfers
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1. Each Party shall permit all transfers relating to a covered investment to be made without
restriction or delay and in a freely convertible currency. 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 any 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 X.10 (Compensation for Losses) and X.11
(Expropriation);

(f) earnings and other remuneration of foreign personnel and working in connection with an
investment;

(g) payments of damages pursuant to an award issued by a tribunal under Section 6 (Investor to
State Dispute Settlement).

2. Transfers shall be made at the market rate of exchange applicable on the date of transfer.

3. Neither Party may require its investors to transfer, or penalize 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.

4. Notwithstanding paragraphs 1, 2 or 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;

(e) ensuring the satisfaction of judgments in adjudicatory proceedings.

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Article X.13: Subrogation

If a Party, or an agency thereof, makes a payment under an indemnity, guarantee or contract of
insurance 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 recognize 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. Such rights may be exercised by the Party or an agency thereof, or by the investor if
the Party or an agency thereof so authorizes.

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Section 5: Reservations and Exceptions

Article X.14: Reservations and Exceptions

1. Articles X.4 (Market Access), X.5 (Performance Requirements), X.6 (National
Treatment), X.7 (Most-Favoured-Nation Treatment), and X.8 (Senior Management and Boards
of Directors) 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 any non-conforming measure referred to in
subparagraph (a); or

(c) an amendment to any non-conforming measure referred to in subparagraph (a) to the
extent that the amendment does not decrease the conformity of the measure, as it existed
immediately before the amendment, with X.4 (Market Access), X.5 (Performance
Requirements), Articles X.6 (National Treatment), X.7 (Most-Favoured-Nation Treatment), , and
X.8 (Senior Management and Boards of Directors) .

2. Articles X.4 (Market Access), X.5 (Performance Requirements), X.6 (National
Treatment), X.7 (Most-Favoured-Nation Treatment), and X.8 (Senior Management and Boards
of Directors) do not apply to measures that a Party adopts or maintains with respect to sectors,
subsectors or activities, as set out in its Schedule to Annex II.

3. Without prejudice to Article X.9 (Treatment of Investors and Covered Investments) and
Article X.11 (Expropriation), no Party may adopt any 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 becomes
effective.

4. In respect of intellectual property rights, a Party may derogate from Article X.6 (National
Treatment), Article X.7 (Most-Favoured-Nation Treatment) and subparagraph 1(f) of Article X.8
(Performance Requirements) where 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. Article X.4 (Market Access), Articles X.6 (National Treatment), X.7 (Most-Favoured-
Nation Treatment) and X.8 (Senior Management and Board of Directors) do not apply to:
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(a) procurement by a Party for goods and services purchased for governmental
purposes and not with a view to commercial resale or with a view to use in the supply of goods
and services for commercial sale, whether or not that procurement is "covered procurement"
within the meaning of Article II of (Chapter XX - Public procurement); or

(b) subsidies, or government support relating to trade in services, provided by a Party.

Article X.15: 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:

investors of a non-Party own or control the enterprise; and

the denying Party adopts or maintains measures with respect to the non-Party that:

are related to maintenance of international peace and security; and

prohibit 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 X.16: Formal Requirements

Notwithstanding Articles X.6 (National Treatment) and X.7 (Most-Favoured-Nation Treatment),
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 such requests are reasonable and not unduly burdensome. The Party shall protect any
confidential or protected information from any disclosure that would prejudice the competitive
position of the investor or the covered investment. Nothing in this paragraph shall be construed
to prevent a Party from otherwise obtaining or disclosing information in connection with the
equitable and good faith application of its laws.

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Section 6: Investor-State Dispute Settlement

Article X.17: Scope of a Claim to Arbitration

Without prejudice to the rights and obligations of the Parties under Chapter [XY](Dispute
Settlement), an investor of a Party may submit to arbitration under this Section a claim that the
respondent has breached an obligation under:

Section 3 (Non-Discriminatory Treatment) of this Chapter, with respect to the expansion,
conduct, operation, management, maintenance, use, enjoyment and sale or disposal of its covered
investment; or

Section 4 (Investment Protection) of this Chapter; and

where the investor claims to have suffered loss or damage as a result of the alleged breach.
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.

For greater certainty, an investor may not submit a claim to arbitration under this Section where
the investment has been made through fraudulent misrepresentation, concealment, corruption, or
conduct amounting to an abuse of process.
This Section shall apply to the restructuring of debt issued by a Party in accordance with Annex
X (Public Debt).

A tribunal constituted under this Section may not decide claims that fall outside of the scope of
this Article.

Article X.18: Consultations

Any dispute should as far as possible be settled amicably. Such a settlement may be agreed at
any time, including after the arbitration has been commenced. 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 3.

Unless the disputing parties agree otherwise, the place of consultation shall be:

Ottawa, where the measures challenged are measures of Canada;

Brussels, where the measures challenged include a measure of the European Union; or

the capital of the Member State of the European Union, where the measures challenged are
exclusively measures of that Member State.

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The investor shall submit to the other Party a request for consultations containing:

the following information:

the name and address of the investor and, where such request is submitted on behalf of a locally
established enterprise, the name, address and place of incorporation of the locally established
enterprise;

where there is more than one investor, the name and address of each investor and, where there is
more than one locally established enterprise, the name, address and place of incorporation of
each locally established enterprise;

the provisions of this Agreement alleged to have been breached;

the legal and the factual basis for the claim, including the measures at issue; and

the relief sought and the estimated amount of damages claimed; and

evidence establishing that the investor is an investor of the other Party and that it owns or
controls the investment, including the locally established enterprise where applicable, in respect
of which it has submitted a request.

The requirements of the request for consultations set out in paragraph 3 shall be met in a manner
that does not materially affect the ability of the respondent to effectively engage in consultations
or to prepare its defence.

A request for consultations must be submitted within:

3 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

two years after the investor or, as applicable, the locally established enterprise, exhausts or
ceases to pursue claims or proceedings before a tribunal or court under the law of a Party 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

In the event that the request for consultations concerns an alleged breach by the European Union,
or a Member State of the European Union, it shall be sent to the European Union.

In the event that the investor has not submitted a claim to arbitration pursuant to Article X.22
(Submission of a claim to arbitration) within 18 months of submitting the request for
consultations, the investor shall be deemed to have withdrawn its request for consultations and
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any notice requesting a determination of the respondent and may not submit a claim under this
Section. This period may be extended by agreement between the disputing parties.

Article X.19: Mediation

The disputing parties may at any time agree to have recourse to mediation.

Recourse to mediation is without prejudice to the legal position or rights of either disputing party
under this Chapter and shall be governed by the rules agreed to by the disputing parties
including, if available, the rules established by the Services and Investment Committee pursuant
to Article X.42(3)(c).

The mediator is appointed by agreement of the disputing parties. Such appointment may include
appointing a mediator from the roster established pursuant to Article X.25 (Constitution of the
Tribunal) or requesting the Secretary-General of ICSID to appoint a mediator from the list of
chairpersons established pursuant to Article X.25 (Constitution of the Tribunal).

Disputing parties shall endeavour to reach a resolution to the dispute within 60 days from the
appointment of the mediator.

If the disputing parties agree to have recourse to mediation, Articles X.18(5) and X.18(7)
(Consultations) 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, by way of a letter to the mediator and the other disputing party.

Article X.20: Determination of the respondent for disputes with
the European Union or its Member States

If the dispute cannot be settled within 90 days of the submission of the request for consultations,
the request concerns an alleged breach of the Agreement by the European Union or a Member
State of the European Union and the investor intends to initiate arbitration proceedings pursuant
to Article X.22 (Submission of a claim to arbitration), the investor shall deliver to the European
Union a notice requesting a determination of the respondent.

The notice shall identify the measures in respect of which the investor intends to initiate
arbitration proceedings.

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.

If the investor has not been informed of the determination within 50 days of the notice referred to
in paragraph 1:

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where the measures identified in the notice are exclusively measures of a Member State of the
European Union, the Member State shall be respondent.

where the measures identified in the notice include measures of the European Union, the
European Union shall be respondent.

The investor may submit a claim to arbitration on the basis of the determination made pursuant
to paragraph 3, and, if no such determination has been communicated, on the basis of the
application of paragraph 4.

Where either the European Union or the Member State is the respondent, pursuant to paragraph 3
or 4, neither the European Union, nor the Member State 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.

The tribunal shall be bound by the determination made pursuant to paragraph 3 and, if no such
determination has been communicated, the application of paragraph 4.

Article X.21: Procedural and Other Requirements for the
Submission of a Claim to Arbitration

An investor may submit a claim to arbitration under Article X.22 (Submission of a Claim to
Arbitration) only if the investor:
delivers to the respondent, with the submission of a claim to arbitration, its consent to arbitration
in accordance with the procedures set out in this Chapter;

allows at least 180 days to elapse from the submission of the request for consultations and, where
applicable, at least 90 days to elapse from the submission of the notice requesting a
determination of the respondent;

fulfils the requirements of the notice requesting a determination of the respondent;

fulfils the requirements related to the request for consultations;

does not identify measures in its claim to arbitration that were not identified in its request for
consultations;

where it has initiated a claim or proceeding seeking compensation or damages before a tribunal
or court under domestic or international law with respect to any measure alleged to constitute a
breach referred to in its claim to arbitration, provides a declaration that:

a final award, judgment or decision has been made; or

it has withdrawn any such claim or proceeding;
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The declaration shall contain, as applicable, proof that a final award, judgment or decision has
been made or proof of the withdrawal of any such claim or proceeding; and

waives its right to initiate any claim or proceeding seeking compensation or damages before a
tribunal or court under domestic or international law with respect to any measure alleged to
constitute a breach referred to in its claim to arbitration.

Where the submission of a claim to arbitration 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, both the investor and the locally established enterprise shall provide a
declaration pursuant to subparagraph 1(f) and a waiver pursuant to subparagraph 1(g).

The requirements of subparagraphs 1(f), (g) and paragraph 2 do not apply in respect of a locally
established enterprise where the respondent or the investors host State has deprived an investor
of control of the locally established enterprise, or has otherwise prevented the locally established
enterprise from fulfilling such requirements.

Upon request of the respondent, the Tribunal shall decline jurisdiction where the investor or, as
applicable, the locally established enterprise fails to fulfil any of the requirements of paragraphs
1 and 2.

The waiver provided pursuant to subparagraph 1(g) or paragraph 2 as applicable shall cease to
apply:

where the Tribunal rejects the claim on the basis of a failure to meet the requirements of
paragraphs 1 or 2 or on any other procedural or jurisdictional grounds;

where the Tribunal dismisses the claim pursuant to Article X.29 (Claim manifestly without legal
merit) or Article X.30 (Claims Unfounded as a Matter of Law); or

where the investor withdraws its claim, in conformity with applicable arbitration rules, within 12
months of the constitution of the tribunal.

Article X.22: Submission of a Claim to Arbitration

If a dispute has not been resolved through consultations, a claim may be submitted to arbitration
under this Section by:

an investor of the other Party on its own behalf; or

an investor of the other Party, on behalf of a locally established enterprise which it owns or
controls directly or indirectly.

A claim may be submitted under the following arbitration rules:
the ICSID Convention;
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the ICSID Additional Facility Rules where the conditions for proceedings pursuant to paragraph
(a) do not apply;

the UNCITRAL Arbitration Rules; or

any other arbitration rules on agreement of the disputing parties.

In the event that the investor proposes arbitration rules pursuant to sub-paragraph 2(d), the
respondent shall reply to the investors proposal within 20 days of receipt. If the disputing parties
have not agreed on such arbitration rules within 30 days of receipt, the investor may submit a
claim under the arbitration rules provided for in subparagraphs 2(a), (b) or (c).

For greater certainty, a claim submitted under subparagraph 1(b) shall satisfy the requirements of
Article 25(1) of the ICSID Convention.

The investor may, when submitting its claim, propose that a sole arbitrator should hear the claim.
The respondent shall give sympathetic consideration to such a request, in particular where the
investor is a small or medium-sized enterprise or the compensation or damages claimed are
relatively low.

The arbitration is governed by the arbitration rules applicable under paragraph 2 that are in effect
on the date that the claim or claims are submitted to arbitration under this Section, subject to the
specific rules set out in this Section and supplemented by rules adopted pursuant to Article
X.42(3)(b) (Committee).

A claim is submitted to arbitration under this Section when:

the request for arbitration under Article 36(1) of the ICSID Convention is received by the
Secretary-General of ICSID;

the request for arbitration under Article 2 of Schedule C of the ICSID Additional Facility Rules
is received by the Secretariat of ICSID;

the notice of arbitration under Article 3 of the UNCITRAL Arbitration Rules is received by the
respondent; or

the request or notice of arbitration pursuant to other arbitration rules is received by the
respondent in accordance with subparagraph 2(d).

Each Party shall notify the other Party of the place of delivery of notices and other documents by
the investors relating to this Section. Each Party shall ensure this information is made publicly
available.

Article X.23: Proceedings under different international agreements
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Where claims are brought both pursuant to this Section and another international agreement and:
there is a potential for overlapping compensation; or

the other international claim could have a significant impact on the resolution of the claim
brought pursuant to this Section,
a Tribunal constituted under this Section shall, as soon as possible after hearing the disputing
parties, stay its proceedings or otherwise ensure that proceedings pursuant to another
international agreement are taken into account in its decision, order or award.

Article X.24: Consent to Arbitration

The respondent consents to the submission of a claim to arbitration under this Section in
accordance with the procedures set out under this Agreement.

The consent under paragraph 1 and the submission of a claim to arbitration under this Chapter
shall satisfy the requirements of:

Article 25 of the ICSID Convention and Chapter II (Institution of Proceedings) of the ICSID
Additional Facility Rules for written consent of the disputing parties; and,

Article II of the New York Convention for an agreement in writing.

Article X.25: Constitution of the Tribunal

Unless the disputing parties have agreed to appoint a sole arbitrator, the Tribunal shall comprise
three arbitrators. One arbitrator shall be appointed by each of the disputing parties and the third,
who will be the presiding arbitrator, shall be appointed by agreement of the disputing parties. If
the disputing parties agree to appoint a sole arbitrator, the disputing parties shall seek to agree on
the sole arbitrator.

If a Tribunal has not been constituted within 90 days from the date that a claim is submitted to
arbitration, or where the disputing parties have agreed to appoint a sole arbitrator and have failed
to do so within 90 days from the date the respondent agreed to submit the dispute to a sole
arbitrator, the Secretary-General of ICSID shall appoint the arbitrator or arbitrators not yet
appointed in accordance with paragraph 3.

The Secretary-General of ICSID shall, upon request of a disputing party, appoint the remaining
arbitrators from the list established pursuant to paragraph 4. In the event that such list has not
been established on the date a claim is submitted to arbitration, the Secretary-General of ICSID
shall make the appointment at his or her discretion taking into consideration nominations made
by either Party and, to the extent practicable, in consultation with the disputing parties. The
Secretary-General of ICSID may not appoint as presiding arbitrator a national of either Canada
or a Member State of the European Union unless all disputing parties agree otherwise.

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Pursuant to Article X.42(2)(a), the Committee on Services and Investment shall establish, and
thereafter maintain, a list of individuals who are willing and able to serve as arbitrators and who
meet the qualifications set out in paragraph 5. It shall ensure that the list includes at least 15
individuals but may agree to increase the number of individuals. The list shall be composed of
three sub-lists each comprising at least five individuals: one sub-list for each Party, and one sub-
list of individuals who are neither nationals of Canada nor the Member States of the European
Union to act as presiding arbitrators.

Arbitrators appointed pursuant to this Section shall have expertise or experience in public
international law, in particular international investment law. It is desirable that they have
expertise or experience in international trade law and the resolution of disputes arising under
international investment or international trade agreements.

Arbitrators shall be independent of, and not be affiliated with or take instructions from, a
disputing party or the government of a Party with regard to trade and investment matters.
Arbitrators shall not take instructions from any organisation, government or disputing party with
regard to matters related to the dispute. Arbitrators shall comply with the International Bar
Association Guidelines on Conflicts of Interest in International Arbitration or any supplemental
rules adopted pursuant to Article X.42(2)(b) (Committee on Services and Investment).
Arbitrators who serve on the list established pursuant to paragraph 3 shall not, for that reason
alone, be deemed to be affiliated with the government of a Party.

If a disputing party considers that an arbitrator does not meet the requirements set out in
paragraph 6, it shall send a notice of its intent to challenge the arbitrator within 15 days after:

the appointment of the arbitrator has been notified to the challenging party; or,

the disputing party became aware of the facts giving rise to the alleged failure to meet such
requirements.

The notice of an intention to challenge shall be promptly communicated to the other disputing
party, to the arbitrator or arbitrators, as applicable, and to the Secretary-General of ICSID. The
notice of challenge shall state the reasons for the challenge.

When an arbitrator has been challenged by a disputing party, the disputing parties may agree to
the challenge, in which case the disputing parties may request the challenged arbitrator to resign.
The arbitrator may, after the challenge, elect to resign. A decision to resign does not imply
acceptance of the validity of the grounds for the challenge.

If, within 15 days from the date of the notice of challenge, the challenged arbitrator has elected
not to resign, the Secretary-General of ICSID shall, after hearing the disputing parties and after
providing the arbitrator an opportunity to submit any observations, issue a decision within 45
days of receipt of the notice of challenge and forthwith notify the disputing parties and other
arbitrators, as applicable.

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A vacancy resulting from the disqualification or resignation of an arbitrator shall be filled
promptly pursuant to the procedure provided for in this Article.

Article X.26: Agreement to the Appointment of Arbitrators

For purposes of Article 39 of the ICSID Convention and Article 7 of Schedule C to the ICSID
Additional Facility Rules, and without prejudice to an objection to an arbitrator based on a
ground other than nationality:

the respondent agrees to the appointment of each individual member of a Tribunal established
under the ICSID Convention or the ICSID Additional Facility Rules; and

an investor may submit a claim to arbitration or continue a claim under the ICSID Convention
or, as the case may be, the ICSID Additional Facility Rules only if the investor agrees in writing
to the appointment of each member of the Tribunal.

Article X.27: Applicable Law and Interpretation

A Tribunal established under this Chapter shall render its decision consistent with 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.

Where serious concerns arise as regards matters of interpretation that may affect investment, the
Committee on Services and Investment may, pursuant to Article X.42(3)(a), recommend to the
Trade Committee the adoption of interpretations of the Agreement. An interpretation adopted by
the Trade Committee shall be binding on a Tribunal established under this Chapter. The Trade
Committee may decide that an interpretation shall have binding effect from a specific date.

Article X.28: Place of Arbitration

The disputing parties may agree on the place of arbitration under the applicable arbitration rules
provided it is in the territory of a party to the New York Convention. If the disputing parties fail
to agree on the place of arbitration, the Tribunal shall determine the place of arbitration in
accordance with the applicable arbitration rules, provided that it shall be in the territory of either
Party or of a third state that is a party to the New York Convention.

Article X.29: Claims Manifestly Without Legal Merit

The respondent may, no later than 30 days after the constitution of the tribunal, and in any event
before the first session of the Tribunal, file an objection that a claim is manifestly without legal
merit.

An objection may not be submitted under paragraph 1 if the respondent has filed an objection
pursuant to Article X.30 (Claims Unfounded as a Matter of Law).

The respondent shall specify as precisely as possible the basis for the objection.
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On receipt of an objection pursuant to this Article, the Tribunal shall suspend the proceedings on
the merits and establish a schedule for considering any objections consistent with its schedule for
considering any other preliminary question.

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.

This Article shall be without prejudice to the Tribunals 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 X.30: Claims Unfounded as a Matter of Law

Without prejudice to a tribunals authority to address other objections as a preliminary question
or to a respondents right to raise any such objections at any 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 X.22 (Submission of a Claim to
Arbitration) 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.

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.

If an objection has been submitted pursuant to Article X.29 (Claims Manifestly Without Legal
Merit), 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.

On receipt of an objection under paragraph 1, and, where appropriate, after having taken 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 X.31: Interim Measures of Protection

A 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.
A Tribunal may not order attachment nor may it enjoin the application of the measure alleged to
constitute a breach referred to in Article X.22 (Submission of a Claim to Arbitration). For the
purposes of this Article, an order includes a recommendation.

Article X.32: Discontinuance
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If, following the submission of a claim to arbitration under this Section, the investor fails to take
any steps in the proceeding during 180 consecutive days or such periods as the disputing parties
may agree, the investor shall be deemed to have withdrawn its claim and to have discontinued
the proceedings. The Tribunal, or if no tribunal has been established, the Secretary-General of
ICSID shall, at the request of the respondent, and after notice to the disputing parties, in an order
take note of the discontinuance. After such an order has been rendered the authority of the
tribunal shall lapse.

Article X.33: Transparency of Proceedings

The UNCITRAL Transparency Rules shall apply to the disclosure of information to the public
concerning disputes under this Section as modified by this Chapter.

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,
the decision on an arbitrator challenge and the request for consolidation shall be included in the
list of documents referred to in Article 3(1) of the UNCITRAL Transparency Rules.

Exhibits shall be included in the list of documents mentioned in Article 3(2) of the
UNCITRAL Transparency Rules.

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.

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. Where 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.

Nothing in this Chapter requires a respondent to withhold from the public information required
to be disclosed by its laws. The respondent should endeavour to apply such laws in a manner
sensitive to protecting from disclosure information that has been designated as confidential or
protected information.

Article X.34: Sharing of Information

A disputing party may disclose to other persons in connection with 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.
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Nothing in this agreement shall be construed to 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 X.35: The non-disputing Party to the Agreement

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 request for consultations, a notice requesting a determination of the respondent, a notice of
determination of the respondent, a claim to arbitration, a request for consolidation, and any other
documents that are appended to such documents;

on request:

pleadings, memorials, briefs, requests and other submissions made to the tribunal by a disputing
party;

written submissions made to the tribunal pursuant to Article 4 (Submission by a third person) of
the UNCITRAL Transparency Rules;

minutes or transcripts of hearings of the tribunal, where available; and

orders, awards and decisions of the tribunal.

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 publicly available.

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 the Agreement.
The non-disputing Party may attend a hearing held under this Section.

The Tribunal shall not draw any inference from the absence of a submission pursuant to
paragraph 2.

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 the Agreement.

Article X.36: Final Award

Where a Tribunal makes a final award against the respondent the Tribunal may award, separately
or in combination, only:

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monetary damages and any applicable interest;

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 X.11
(Expropriation).

Subject to paragraphs 1 and 5, where a claim is made under paragraph 1(b) of Article X.22
(Submission of a Claim to Arbitration):

an award of monetary damages and any applicable interest shall provide that the sum be paid to
the locally established enterprise;

an award of restitution of property shall provide that restitution be made to the locally
established enterprise;

an award of costs in favour of the investor shall provide that it is to be made to the investor; and

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 X.21 (Procedural and Other
Requirements for the Submission of a Claim to Arbitration), may have in monetary damages or
property awarded under a Partys domestic law.

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.

A Tribunal may not award punitive damages.

A tribunal shall order that the costs of arbitration be borne by the unsuccessful disputing party. In
exceptional circumstances, a 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. Where 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.

Article X.37: Indemnification or Other Compensation

A respondent shall not assert, and a tribunal shall not accept a defence, counterclaim, right of
setoff, or similar assertion, that an investor or, as applicable, the 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.
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Article X.38: Fees and Expenses of the Arbitrators

The fees and expenses of the arbitrators pursuant to Regulation 14(1) of the Administrative and
Financial Regulations of the ICSID Convention in force on the date of initiation of the arbitration
shall apply.

Article X.39: Enforcement of Awards

An award issued by a Tribunal pursuant to this Section shall be binding between the disputing
parties and in respect of that particular case.

Subject to paragraph 3 and the applicable review procedure for an interim award, a disputing
party shall recognize and comply with an award without delay.

A disputing party may not seek enforcement of a final award until:

in the case of a final award made under the ICSID Convention:

120 days have elapsed from the date the award was rendered and no disputing party has
requested revision or annulment of the award, or

enforcement of the award has been stayed and revision or annulment proceedings have been
completed; and

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 X. 22(2)(d) (Submission of a
Claim to Arbitration):

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
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.

Execution of the award shall be governed by the laws concerning the execution of judgments in
force where such execution is sought.

A claim that is submitted to arbitration under this Chapter shall be deemed to arise out of a
commercial relationship or transaction for the purposes of Article I of the New York Convention.

Article X.40: Role of the Parties to the Agreement

No Party shall bring an international claim, in respect of a dispute submitted pursuant to Article
X.22 (Submission of a Claim to Arbitration), unless the other Party has failed to abide by and
comply with the award rendered in such dispute. This shall not exclude the possibility of dispute
settlement under the Dispute Settlement Chapter in respect of a measure of general application
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even if that measure is alleged to have violated the agreement as regards a specific investment in
respect of which a dispute has been initiated pursuant to Article X.22 (Submission of a Claim to
Arbitration) and is without prejudice to Article X.35 (The non-disputing Party to the
Agreement).

Paragraph 1 does not preclude informal exchanges for the sole purpose of facilitating a
settlement of the dispute.

Article X.41: Consolidation

When two or more claims that have been submitted separately to arbitration under Article X.22
(Submission of a Claim to Arbitration) 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 Tribunal pursuant to this Article and request that such Tribunal issue
a consolidation order.

The disputing party seeking a consolidation order shall first deliver a notice to the disputing
parties it seeks to be covered by this order.

Where the disputing parties which have been 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 Tribunal and a consolidation order pursuant to this Article. Where the
disputing parties which have been 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 Tribunal and a consolidation order pursuant to this
Article. The request shall be delivered, in writing, to the Secretary-General of ICSID and to all
the disputing parties sought to be covered by the order, and shall specify:

the names and addresses of the disputing parties sought to be covered by the order;

the claims, or parts thereof, sought to be covered by the order; and

the grounds for the order sought.

A request for consolidation involving more than one respondent shall require the agreement of
all such respondents.

The arbitration rules applicable to the proceedings under this Article shall be determined as
follows:

when all of the claims for which a consolidation order is sought have been submitted to
arbitration under the same arbitration rules pursuant to Article X.22 (Submission of a Claim to
Arbitration), these arbitration rules shall apply;

when the claims for which a consolidation order is sought have not been submitted to arbitration
under the same arbitration rules:
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the investors may collectively agree on the arbitration rules pursuant to paragraph 2 of Article
X.22 (Submission of a Claim to Arbitration); or

if the investors cannot agree on the arbitration rules within 30 days of the Secretary -General of
ICSID receiving the request for consolidation, the UNCITRAL Arbitration Rules shall apply.

A Tribunal established under this Article shall comprise three arbitrators: one arbitrator
appointed by the respondent, one arbitrator appointed by agreement of the investors, and the
third, who shall be the presiding arbitrator, appointed by agreement of the disputing parties. If
the respondent or the investors fail to appoint an arbitrator within 45 days after the Secretary-
General of ICSID receives a request for consolidation, or if the disputing parties have not agreed
to a presiding arbitrator within 60 days after the Secretary-General of ICSID receives a request
for consolidation, a disputing party may request the Secretary-General of ICSID to appoint the
arbitrator or arbitrators not yet appointed in accordance with paragraph 3 of Article X.25
(Constitution of the Tribunal).

If, after hearing the disputing parties, a Tribunal established under this Article is satisfied that
claims submitted to arbitration under Article X.22 (Submission of a Claim to Arbitration) 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 arbitral awards, the tribunal may, by order, assume
jurisdiction over some or all of the claims, in whole or in part.

Where a Tribunal has been established under this Article and has assumed jurisdiction pursuant
to paragraph 6, an investor that has submitted a claim to arbitration under Article X.22
(Submission of a Claim to Arbitration) 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 3. The Tribunal shall grant such order where
it is satisfied that the conditions of paragraph 6 are met and that granting such a request would
not unduly burden or unfairly prejudice the disputing parties or unduly disrupt the proceedings.
Before a Tribunal issues such an order, it shall consult with the disputing parties.

On application of a disputing party, a Tribunal established under this Article, pending its
decision under paragraph 6, may order that the proceedings of a Tribunal established under
Article X.22 (Submission of a Claim to Arbitration) be stayed unless the latter Tribunal has
already adjourned its proceedings.

A Tribunal established under Article X.22 (Submission of a Claim to Arbitration) shall cede
jurisdiction in relation to the claims, or parts thereof, over which a tribunal established under this
Article has assumed jurisdiction.

The award of the Tribunal established under this Article in relation to those claims, or parts
thereof, over which it has assumed jurisdiction shall become binding on the tribunals established
pursuant to Article X.22 (Submission of a Claim to Arbitration) as regards those claims, or parts
thereof, once the conditions of Article 39(3) (Enforcement of Awards) have been fulfilled.
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An investor may withdraw a claim from arbitration under this Section that is subject to
consolidation and such claim may not be resubmitted to arbitration under Article X.22
(Submission of a Claim to Arbitration). If it does so no later than 15 days after receipt of the
notice of consolidation, its earlier submission of the claim to arbitration shall not prevent the
investor's recourse to dispute settlement other than under this Chapter.

At the request of an investor, the Tribunal established under this Article may take such measures
as it sees fit in order to preserve the confidential or protected information of that investor vis--
vis other investors. Such 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 X.42: Committee

The Committee on Services and Investment shall provide a forum for the Parties to consult on
issues related to this Section, including:

difficulties which may arise in the implementation of this Chapter;

possible improvements of this Chapter, in particular in the light of experience and developments
in other international fora; and,

whether, and if so, under what conditions, an appellate mechanism could be created under the
Agreement to review, on points of law, awards rendered by a tribunal under this Section, or
whether awards rendered under this Section could be subject to such an appellate mechanism
developed pursuant to other institutional arrangements. Such consultations shall take into
account the following issues, among others:

the nature and composition of an appellate mechanism;

the applicable scope and standard of review;

transparency of proceedings of an appellate mechanism;

the effect of decisions by an appellate mechanism;

the relationship of review by an appellate mechanism to the arbitration rules that may be selected
under Article X.22 (Submission of a Claim to Arbitration); and

the relationship of review by an appellate mechanism to domestic laws and international law on
the enforcement of arbitral awards.

The Committee shall, on agreement of the Parties, and after completion of the respective legal
requirements and procedures of the Parties:
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establish and maintain the list of arbitrators pursuant to Article X.25(3)(Constitution of the
Tribunal);

adopt a code of conduct for arbitrators to be applied in disputes arising out of this Chapter, which
may replace or supplement the rules in application, and that may address topics including:

disclosure obligations;

the independence and impartiality of arbitrators; and

confidentiality.
The Parties shall make best efforts to ensure that the list of arbitrators is established and the code
of conduct adopted no later than the entry into force of the Agreement, and in any event no later
than two years after the entry into force of the Agreement.

The Committee may, on agreement of the Parties, and after completion of the respective legal
requirements and procedures of the Parties:

recommend to the Trade Committee the adoption of interpretations of the agreement pursuant to
Article X.27(2) (Applicable Law and Interpretation);

adopt and amend rules supplementing the applicable arbitration rules, and amend the applicable
rules on transparency. Such rules and amendments are binding on the members of a Tribunal
established under this Section;

adopt rules for mediation for use by disputing parties as referred to in Article X.19 (Mediation);
and

recommend to the Trade Committee the adoption of any further elements of the fair and
equitable treatment obligation pursuant to Section 5, Article X.9(4) (Treatment of Investors and
of Covered Investments).

Article X.43: Exclusion

The dispute settlement provisions of this Section and of Chapter x (Dispute Settlement) do not
apply to the matters referred to in Annex X. 43.1 (Exclusions from Dispute Settlement).
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Annex X.43.1 - Exclusions from Dispute Settlement
A decision by Canada following a review under the Investment Canada Act, with respect to
whether or not to permit an investment that is subject to review, is not subject to the dispute
settlement provisions under Sections 6 (Investor-to-State Dispute Settlement) of this Chapter, or
to Chapter X (Dispute Settlement) of this Agreement. For greater certainty, this exclusion is
without prejudice to the right of any Party to have recourse to Chapter X (Dispute Settlement)
with respect to the consistency of a measure with a Partys reservations.
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Annex X.11: Expropriation

The Parties confirm their shared understanding that:

1. Expropriation may be either direct or indirect:

direct expropriation occurs when an investment is nationalised or otherwise directly expropriated
through formal transfer of title or outright seizure; and

indirect expropriation occurs where 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
considers, among other factors:

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;

the duration of the measure or series of measures by a Party;

the extent to which the measure or series of measures interferes with distinct, reasonable
investment-backed expectations; and

the character of the measure or series of measures, notably their object, context and intent.

3. For greater certainty, except in the rare circumstance where the impact of the 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.

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Annex X: Public Debt

1. No claim that a restructuring of debt issued by a Party breaches an obligation under Sections
[Non-Discriminatory Treatment, Investment Protection] may be submitted to, or if already
submitted continue in, arbitration under Section 6 [Investor-State Dispute Settlement] 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 X.6
[National Treatment] or Article X.7 [Most-Favoured Nation].

2. Notwithstanding [ISDS: Article X.22 Submission of a Claim to Arbitration, para 4], and
subject to paragraph 1 of this Annex, an investor of another Party may not submit a claim under
Section 6 [Investor-State Dispute Settlement] that a restructuring of debt issued by a Party
breaches an obligation under Sections [ Non-Discriminatory Treatment, Investment Protection]
(other than Article X.6 [National Treatment] or Article X.7 [Most-Favoured Nation]) unless 270
days have elapsed from the date of receipt by the respondent of the written request for
consultations pursuant to [Article X.18 Consultations].

3. For the purposes of this Annex, negotiated restructuring means the restructuring or
rescheduling of a debt instrument that has been effected through (i) a modification or amendment
of such debt instrument, as provided for under its terms, or (ii) a comprehensive debt exchange
or other similar process in which the holders of no less than 75 percent of the aggregate principal
amount of the outstanding debt under such debt instrument have consented to such debt
exchange or other process.

Investment

185
Declaration to Investment Chapter Article X.11 Paragraph 6

Mindful that investor state dispute settlement tribunals are meant to enforce the obligations
referred to in Article X.17(1): Scope of a Claim to Arbitration of Chapter x (yyy), and are 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 recognize 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 3 years after entry into
force of the 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 X.27: Applicable Law and Rules of Interpretation of Chapter x (Investment)."

Investment

186
JOINT DECLARATION

With respect to Article X.15 (Denial of Benefits - Investment), Article Y (Denial of Benefits
CBTS) and Article XX (National Security Exception Exceptions), the Parties confirm their
understanding that measures that are related to the maintenance of international peace and
security include the protection of human rights.


187
Cross-Border Trade in Services
188
11. CROSS-BORDER TRADE IN SERVICES

CHAPTER XX
CROSS-BORDER TRADE IN SERVICES

23 July, 2014
Article X-01: Scope

1. This Chapter applies to measures adopted or maintained by a Party affecting cross-border
trade in services by service suppliers of the other Party, including measures affecting:

(a) the production, distribution, marketing, sale and delivery of a service;

(b) the purchase or 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 measures 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 Chapter XX (Financial Services);

(e) air services, related services in support of air services and other services supplied by means of
air transport
18
, other than;

(i) aircraft repair and maintenance services when an aircraft is withdrawn from service;
(ii) the selling and marketing of air transport services;
(iii) computer reservation system services;
(iv) ground handling services
(v) airport operation services

(f) procurement by a Party for goods and services purchased for governmental purposes and not
with a view to commercial resale or with a view to use in the supply of goods and services for
18
These services include services where an aircraft is being used to carry out specialised activities in sectors
including agriculture, construction, photography, surveying, mapping, forestry, observation and patrol, and
advertising, where this specialised activity is provided by the person that is responsible for the operation of the
aircraft.

189
commercial sale, whether or not that procurement is "covered procurement" within the meaning
of Article II of (Chapter XX - Public procurement); or

(g) subsidies, or government support relating to trade in services, provided by a Party.

Nothing in this Chapter shall affect the Parties' rights and obligations under the Agreement on
Air Transport between Canada and the European Community and its Member States.

Nothing in this Chapter shall be construed to impose any obligation on a Party with respect to a
national of the other Party seeking access to its employment market, or employed on a permanent
basis in its territory, or to confer any right on that national with respect to that access or
employment.

Article X-02: 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. 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 European
Member State, treatment no less favourable than the most favourable treatment accorded, in like
situations, by that government to its own service suppliers and services.

Article X-03: Formal Requirements

Nothing in Article X-02 (National Treatment) shall be construed to 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. Such 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 provider to have a local agent for service or maintain a local address;

(c) to speak the national language or hold a drivers licence;

(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
190
(v) provide access to records.

Article X-04: Most-Favoured-Nation Treatment

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 non-Party.

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 European Member State, the treatment accorded, in like situations, by that government in its
territory to services or service suppliers of any third country.

3. The obligations set by paragraph 1 of this provision shall not apply to treatment granted under
existing or future measures providing for recognition, including through arrangements or
agreements with third parties recognising accreditation of testing and analysis, repair and
maintenance services and service suppliers, as well as the certification of the qualifications of or
the results or work done by such accredited services and service suppliers.

Article X-05: Market Access

Neither Party may adopt or maintain, either on the basis of its entire territory or on the basis of
the territory of a national, provincial, territorial, regional or local level of governments, measures
that impose 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;

(c) the total number of service operations or the total quantity of services output expressed in
terms of designated numerical units in the form of quotas or the requirement of an economic
needs test.

Article X-06: Reservations

1. Articles X-02 (National Treatment), X-04 (Most-Favoured-Nation Treatment) and X-05
(Market Access) do not apply to:

(a) any existing non-conforming measure that is maintained by a Party at the level of:

(i) the European Union, as set out in its Schedule to Annex I;
(ii) a national government, as set out by that Party in its Schedule to Annex I;
191
(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 any non-conforming measure referred to in
subparagraph (a); or

(c) an amendment to any non-conforming measure referred to in subparagraph (a) to the
extent that the amendment does not decrease the conformity of the measure, as it existed
immediately before the amendment, with Articles X-02 (National Treatment), X-04 (Most-
Favoured-Nation Treatment) and X-05 (Market Access).

2. Articles X-02 (National Treatment), X-04 (Most-Favoured-Nation Treatment) and X-05
(Market Access) do not apply to measures that a Party adopts or maintains with respect to
sectors, subsectors or activities, as set out in its Schedule to Annex II.

Article X.07: 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:

services suppliers of a non-Party own or control the enterprise; and

the denying Party adopts or maintains measures with respect to the non-Party that:

are related to maintenance of international peace and security[
19
]; and

prohibit transactions with the enterprise or would be violated or circumvented if the benefits of
this Chapter were accorded to the enterprise.

Note: Parties agree that in order to ensure consistency with the Security Exception Article of the
Final Provisions of CETA certain adjustments to this article might be needed.

Article X-08: Definitions

For purposes of this Chapter:

cross-border supply of services is defined as the supply of a service:

(a) from the territory of a Party into the territory of the other Party
(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 or an enterprise
of the other Party.
19
[CAN: For greater certainty, measures that are related to the maintenance of international peace and
security include the protection of human rights.]
192

aircraft repair and maintenance services mean such activities when undertaken on an aircraft
or a part thereof while it is withdrawn from service and do not include so-called line
maintenance;

airport operation services means the operation and/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 mean services supplied 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;

ground handling services means the provision, on a fee or contract basis, of the following
services: 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; and 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, and intra-airport
transport systems.

selling and marketing of air transport services mean 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. These activities do not include the pricing
of air transport services nor the applicable conditions;

services supplied in the exercise of governmental authority means any service that is supplied
neither on a commercial basis, nor in competition with one or more service suppliers.

service supplier means a person that supplies or seeks to supply a service.

193
ANNEX X
UNDERSTANDING ON NATIONAL TREATMENT WITH RESPECT TO THE CROSS-
BORDER PROVISION OF SERVICES
1. The European Union and Canada share the following understanding with respect to the
application of Article X (CBTS - National Treatment) to treatment accorded by a provincial or
territorial government in Canada, or by a government of or in a European Member State with
respect to the cross-border supply of services as defined in Chapter X or the supply of a service
by a natural person of a Party in the territory of the other Party.
2. Pursuant to Article X (CBTS - National Treatment), 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 extend to a person of the other Party, or to a service provided
by such persons where:
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 provided by such a supplier; and
b) in the case of the European Union,
(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
provided by such a 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 provided by such a supplier; and,
c) such more favourable treatment is accorded pursuant to specific mutual rights and obligations
applicable between these governments.
3. For the European Union, paragraph 2 includes in particular treatment accorded pursuant to the
Treaty on the Functioning of the European Union on 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 European Member State may accord more favourable treatment pursuant to the Treaty
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 of such suppliers.
4. For Canada, paragraph 2 includes in particular treatment accorded pursuant to the Canadian
Agreement on Internal Trade (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 these agreements to those 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
194
AIT or regional agreement that have their registered office, central administration or principal
place of business within Canada, and to the services of such suppliers.
195
ANNEX X
Understanding on New Services Not Classified in the United Nations Provisional Central Product
Classification (CPC), 1991
1. The Parties agree that Chapter x (Domestic Regulation), Article X (CBTS-National Treatment), Article
X (CBTS Market Access), and Article X (CBTS MFN) do not apply in respect to any measure
relating to a new service that cannot be classified in the United Nations Provisional Central Product
Classification (CPC), 1991.
2. To the extent possible, each Party shall notify the other Party prior to adopting measures inconsistent
with Chapter X (Domestic Regulation), Article X (CBTS-National Treatment), Article X (CBTS
Market Access) and Article X (CBTS MFN) 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 the Agreement.
4. For greater certainty, paragraph 1 does not apply to an existing service that could be classified in the
United Nations Provisional Central Product Classification (CPC), 1991 but that could not previously be
provided on a cross-border basis due to lack of technical feasibility.


196
Temporary Entry Text
197
12. TEMPORARY ENTRY

CHAPTER X

TEMPORARY ENTRY AND STAY OF NATURAL PERSONS FOR
BUSINESS PURPOSES

Article 1: 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 through ensuring transparency of the
process.

2. This Chapter applies to measures of the Parties concerning the temporary entry and stay
into their territories 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 a specific commitment.

4. To the extent that commitments are not taken in this Chapter, all other requirements of the
Parties laws and regulations regarding entry and stay shall continue to apply, including regulations
concerning period of stay.

5. Notwithstanding the provisions of this Chapter, all requirements of the Parties laws and
regulations regarding work and social security measures shall continue to apply, including
regulations concerning minimum wages as well as collective wage agreements.

6. Commitments on temporary entry and stay of natural persons for business purposes do not
apply in cases where the intent or effect of such movement is to interfere with or otherwise affect
the outcome of any labour/management dispute or negotiation, or the employment of any natural
person who is involved in such dispute.

Article 2: General Obligations
198
1. Each Party shall allow temporary entry to natural persons for business purposes of the
other Party in accordance with this Chapter, who comply with its immigration measures
applicable to temporary entry.

2. Each Party shall apply its measures relating to the provisions of this Chapter in
accordance with Article 1(1), and, in particular, shall apply those measures so as to avoid unduly
impairing or delaying trade in goods or services or conduct of investment activities under this
Agreement.

3. Any fees for processing applications for temporary entry shall be reasonable and
commensurate with the costs incurred.

Article 3: Provision of Information
1. Further to Chapter X (Transparency), and recognizing the importance to the Parties of
transparency of temporary entry information, each Party shall, no later than six months 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 will enable business
persons of the other Party to become acquainted with those requirements.

2. Where a Party collects and maintains data relating to temporary entry by category of
business persons under this Chapter, the Party shall make available this data to the other Party on
request, in accordance with its domestic law related to privacy and data protection.

Article 4: Contact Points
1. The Parties hereby establish 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 Commission:
Director
Services and Investment
DG Trade
European Commission
(c) in the case of the EU Member States: contact points list in Appendix D.

199
or their respective successors.

2. The Contact Points for Canada and the European Commission, and as appropriate the
Contact Point(s) for EU Member States, shall exchange information as described in Article 3 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 the Chapter;
(c) the development of measures to further facilitate temporary entry of business persons; and
(d) recommendations to the Joint Committee concerning this Chapter.

Article 5: 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 X [Transparency].
2. Without prejudice to any decision to allow temporary entry to a natural person of the
other Party within the terms of this Chapter, including the length of stay permissible pursuant to
any such allowance:
(a) the obligations of Article X-02 (Cross-Border Trade in Services National Treatment) and
Article X-05 (Cross-Border Trade in Services Market Access), subject to Article X-03 (Cross-
Border Trade in Services Formal Requirements) and Article X-01 (Cross-Border Trade in
Services Scope) but not Article X-01.2(d), are hereby 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, as defined in Article 6 of this Chapter; and
(ii) contractual services suppliers and independent professionals, as defined in Article 6 of this
Chapter, for all sectors listed in Annex I (reservations on CSS and IP);
(b) the obligation of Article X-04 (Cross-Border Trade in Services Most-Favoured-Nation
Treatment), subject to Article X-03 (Cross-Border Trade in Services Formal Requirements)
and Article X-01 (Cross-Border Trade in Services -- Scope) but not Article X-01.2(d), are
hereby incorporated into and made part of this Chapter and apply to treatment of natural persons
for business purposes present in the territory of the other Party under the categories of key
personnel, contractual services suppliers and independent professionals, as defined in Article 6 of
this Agreement, as well as under the category of Short Term Business Visitors, as defined in
Article 9 of this Agreement.
For greater certainty, the above-mentioned obligations apply to the treatment of natural persons
for business purposes present in the territory of the Other Party and falling within the relevant
200
categories who are supplying Financial Services, as defined in Chapter X (Financial Services).
These obligations do not apply to measures relating to the granting of temporary entry to natural
persons of a Party or of a non-Party.
3. Where a Party has set out a reservation in the schedule of commitments in Annex I, II or III,
the reservation also constitutes a reservation to the obligations contained in paragraph 2, to the
extent that the measure set out in or permitted by the reservation affect the treatment of natural
persons for business purposes present in the territory of the other Party.

Article 6: Definitions

(a) Natural persons for business purposes means key personnel, contractual services
suppliers, independent professionals and short-term business visitors who are a citizen of a Party.
(b) Key personnel means natural persons employed within an enterprise of one Party and
investors who are responsible for the setting-up or the proper control, administration and
operation of an enterprise.
Key personnel comprises business visitors for investment purposes, investors and
intra-corporate transferees.

Business visitors for investment purposes means natural persons working in a managerial or
specialist position who are responsible for setting up an enterprise. They do not engage in direct
transactions with the general public and do not receive remuneration from a source located
within the host Party.

Investor means natural person who establishes, develops or administers the operation of an
investment in a capacity that is supervisory or executive, and to which that person or the
enterprise employing that person has committed, or is in the process of committing, a substantial
amount of capital.

(iii) Intra-corporate transferees means natural persons who have been employed by an
enterprise of one Party or have been partners in it for at least one year and who are temporarily
transferred to an enterprise (that may be a subsidiary, branch or head company of the former) in
the territory of the other Party. The natural person concerned must belong to one of the following
categories:
1. 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, a department or
sub-division thereof; and
201
(b) exercise wide latitude in decision making, which may include having the authority personally
to recruit and dismiss or taking other personnel actions (such as promotion or leave
authorizations), and
(i) receive only general supervision or direction principally from higher level executives, the
board of directors and/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.

2. Specialists means natural persons working within an enterprise who possess:

uncommon knowledge of the enterprise's products or services and its application in international
markets; or

an advanced level of expertise or knowledge of the enterprises processes and procedures such as
its production, research equipment, techniques or management.
In assessing such expertise or knowledge, 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 individual in the short-term. Those abilities would have been obtained through
specific academic qualifications or extensive experience with the enterprise.

3. Graduate trainees means natural persons who:
possess a university degree; and
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.
(c) Contractual services suppliers means natural persons employed by an enterprise of one
Party which has no establishment in the territory of the other Party and which has concluded a
bona fide contract (other than through an agency as defined by CPC 872) to supply services with
a consumer in the latter Party requiring the presence on a temporary basis of its employees in
that Party in order to fulfil the contract to provide services.

(c) Independent professionals means natural persons engaged in the supply of a service and
established as self-employed in the territory of a Party who 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 services with a consumer in the latter Party requiring their
presence on a temporary basis in that Party in order to fulfil the contract to provide services.

Article 7: Key Personnel

Each Party shall allow the temporary entry and stay of key personnel of the other Party subject to
the reservations and exceptions listed in Appendix B.

202
2. A Party may not maintain or adopt 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 procedures of similar intent.

4. Each Party shall allow the employment in its territory of intra-corporate transferees and
investors of the other Party.

5. The permissible length of stay of key personnel shall be as follows:

a) Intra-corporate Transferees (specialists and senior personnel) the lesser of 3 years or the
length of the contract, with a possible extension of up to 18 months at the discretion of the
Party
20
;

b) Intra-corporate Transferees (graduate trainees) the lesser of 1 year or the length of the
contract;

c) Investors 1 year, with possible extensions at the discretion of the Party;

d) Business Visitors for investment Purposes 90 days within any six month period
21
.

Article 8:
Contractual Services Suppliers and Independent Professionals

1. In accordance with Annex I, 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
twelve 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 other Party must be offering such services as an
employee of the enterprise supplying the services for at least the year immediately preceding
the date of submission of an application for entry into the other Party. In addition, the natural
persons must possess, at the date of submission of an application for entry into the other Party,
at least three years professional experience
22
in the sector of activity which is the subject of
the contract.
20
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.
21
This is without prejudice to the rights granted to Canada under bilateral visa waivers by EU Member States.
22
Obtained after having reached the age of majority.
203
(c) The natural persons entering the other Party must possess (i) a university degree or a
qualification demonstrating knowledge of an equivalent level
23
and (ii) professional
qualifications where this is required to exercise an activity pursuant to the law, regulations or
other requirements of the Party, where the service is supplied.
(d) The natural person shall not receive remuneration for the provision of services other
than the remuneration paid by the enterprise employing the contractual service supplier during
their stay in the territory of the other Party.
(e) Access accorded under the provisions of this Article relates only to the service activity
which is the subject of the contract. Entitlement to utilize the professional title of the Party
where the service is provided may be granted, as required, by the Relevant Authority (as
defined in Chapter [] Mutual Recognition of Professional Qualifications), through a Mutual
Recognition Agreement or otherwise.
(f) The service contract shall comply with the laws, regulations and other legal
requirements of the Party where the contract is executed
24
.
2. In accordance with Annex I, 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 twelve 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 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 other Party must possess (i) a university degree or a
qualification demonstrating knowledge of an equivalent level
25
and ii) professional
qualifications where this is required to exercise an activity pursuant to the law, regulations or
other requirements of the Party, where the service is supplied.
(d) Access accorded under the provisions of this Article relates only to the service activity
which is the subject of the contract. Entitlement to utilize the professional title of the Party
where the service is provided may be granted, as required, by the Relevant Authority (as
defined in Chapter [] Mutual Recognition of Professional Qualifications), through a Mutual
Recognition Agreement or otherwise.
23
Where the degree or qualification has not been obtained in the Party where the service is supplied, that
Party may evaluate whether this is equivalent to a university degree required in its territory. For the
purposes of assessing such equivalence, the provisions of Appendix C, subject to reservations in Annex I,
shall apply.
24
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.
25
Where the degree or qualification has not been obtained in the Party where the service is supplied, that
Party may evaluate whether this is equivalent to a university degree required in its territory. For the
purposes of assessing such equivalence, the provisions of Appendix C, subject to reservations in Annex I,
shall apply.
204
(e) The service contract shall comply with the laws, regulations and other legal
requirements of the Party where the contract is executed

3. Unless otherwise specified in Annex I, a Party may not maintain or adopt limitations on
the total number of contract service 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 suppliers and independent professionals shall
be for a cumulative period of not more than twelve months, with extensions possible at the
discretion of the Party, in any twenty-four month period or for the duration of the contract,
whichever is less.

Article 9: Short-Term Business Visitors
In accordance with Appendix B, each Party shall allow the temporary entry and stay of short-
term business visitors of the other Party, with a view to carrying out the activities listed in
Appendix D, subject to the following conditions:

(a) they are not engaged in selling their goods or services to the general public;

(b) they do not on their own behalf receive remuneration from a source located within the Party
where they are staying temporarily; and

(c) they are not engaged in the supply of a service in the framework of a contract concluded
between an enterprise who has no commercial presence in the territory of the Party where the
short-term visitors for business purposes are staying temporarily, and a consumer there, except as
provided in Appendix 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 shall be 90 days in any six-
month period
26
.

Article 10: Review of commitments

Within five years following the entry into force of this Agreement, the parties will consider
updating their respective commitments under articles 7, 8 and 9 of this Chapter.
26
This is without prejudice to the rights granted under bilateral visa waivers by EU Member States.
205
Appendix A - EU Member States' List of contact points

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 gnrale Potentiel conomique
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
206
Ministry of Foreign Affairs
ES
Ministry of Employment and Social Security
FI
Immigration Unit, Section for employed persons
Finnish Immigration Service
FR
Direction gnrale des trangers en France (DGEF).
Ministre de lIntrieur
HR
Head of Trade Policy Department
Ministry of Foreign and European Affairs
HU
Department for Trade Policy and Global Economy
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 Lgalisations
LV
Office of Citizenship and Migration Affairs of Latvia
MT
Director Citizenship and Expatriate Affairs
Citizenship and Expatriate Affairs Department
207
Ministry for Home Affairs & National Security
NL
Directorate General for Foreign Economic Relations
PT
Directorate General for Consular Affairs and Portuguese Communities
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
208
Appendix B Member-State Specific Reservations and Exceptions for Key Personnel and Short-
Term Business Visitors

Article 7 (Key Personnel) or Article 9 (Short-Term Business Visitors) do not apply to any
existing non-conforming measure listed in this Appendix, to the extent of the non-conformity.
Listed measures may be maintained, continued, promptly renewed or amended, subject to the
requirement that the amendment does not decrease the conformity of the measure with the
obligations of Articles 7 or 9, as it existed immediately before the amendment
27
.

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.

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/top management.
HU: Maximum length of stay 90 days in case the investor is not employed by an
enterprise in Hungary. Economic Need Test required in case the investor is
employed by an enterprise in Hungary.
IT: Economic needs test required in case 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
27
Paragraph does not apply to UK reservations.
209
any six months period. Extension in post-investment phase to 1 year, subject to
criteria in national legislation such as field and amount of investment made.
UK: The category of investors is not recognised: Unbound.

Intra-corporate Transferees (specialists and senior personnel)

All sectors BG: The number of foreign natural persons employed within a Bulgarian enterprise
may not exceed 10 percent of the average annual number of citizens of the European
Union employed by the respective Bulgarian enterpriseA. Where less than 100
persons are employed, the number may, subject to authorisation, exceed 10 percent.
AT, CZ, SK, UK: ICT needs 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.

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.

Short Term Business Visitors

All activities in
Appendix 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 7 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
210
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 7 days in a month or 30 days in
a calendar year. University degree required.

Trade Fairs and
Exhibitions
AT: Work permit, including economic needs test, required for activities beyond 7
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 persons training workers to perform services and possessing uncommon
knowledge.
CZ: Work permit is required beyond 7 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 7
days in a month or 30 days in a calendar year.
FI: The person needs to be providing services as an employee of an enterprise
located in the territory of the other Party.

Tourism personnel NL: Work permit required, including economic needs test.
FI: The 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.
211
Appendix C - Equivalent Qualifications for Engineering Technologists and Scientific
Technologists
For the purpose of this agreement:
For engineering technologists (CPC* 8672, 8673), completion of a 3 year post-secondary
degree from an officially recognized institution in engineering technology shall be considered
equivalent to a university degree.
For scientific technologists (CPC* 881, 8671, 8674, 8676, 851, 852, 853, 8675, 883),
completion of a 3 year post-secondary degree from an officially recognized institution in the
disciplines of agriculture, architecture, biology, chemistry, physics, forestry, geology,
geophysics, mining and energy shall be considered equivalent to a university degree.

212
Appendix D - Short-Term Business Visitors' activities

(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 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 service or goods supplier 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. They 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 specialized 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, during the life of the warranty or service agreement.

(i) Commercial Transactions
Management and supervisory personnel and financial services personnel (insurers, bankers, or
investment brokers) engaging in a commercial transaction for an enterprise located in the
territory of the other Party.

(j) Tourism personnel
213
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.

(k) Translation and Interpretation
Translators or interpreters performing services as employees of an enterprise located in the
territory of another Party.

Temporary Entry CSS/ IP Annex
214

Annex I
SECTORAL COMMITMENTS ON CONTRACTUAL SERVICES SUPPLIERS AND
INDEPENDENT PROFESSIONALS

The Parties shall allow the supply of services into their territories by contractual service suppliers
and independent professionals of the other Party through the presence of natural persons, in
accordance with Article 8 (Contractual Service Suppliers and Independent Professionals) of
Chapter [] (Temporary Entry and Stayof Natural Persons for Business Purposes), for the
sectors listed below, and subject to the relevant limitations.

The list of reservations is composed of the following elements:

the first column indicating the sector or sub-sector in which reservations apply; and

the second column describing the applicable limitations.

In identifying individual sectors and sub-sectors:

CPC means the Central Products Classification as set out in Statistical Office of the United
Nations, Statistical Papers, Series M, N 77, CPC prov, 1991; and

CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of the
United Nations, Statistical Papers, Series M, N 77, CPC ver 1.0, 1998.

For Canada, sectoral commitments shall apply to occupations listed under level 0 and A of
Canadas National Occupational Classification (NOC).

The list of reservations below does not include measures relating to qualification requirements
and procedures, technical standards and licensing requirements and procedures, when they do not
constitute a limitation within the meaning of Article 8 (Contractual Service Suppliers and
Independent Professionals) of Chapter [] (Temporary Entry and Stay of Natural Persons for
Business Purposes). Those measures (e.g. need to obtain a licence, need to obtain recognition of
qualifications in regulated sectors, and need to pass specific examinations, including language
examinations), even if not listed below, apply in any case to contractual service suppliers and
independent professionals of the Parties.

For the EU, in the sectors where economic needs tests are applied, their main criteria will be the
assessment of the relevant market situation in the Member State of the European Union or the
region where the service is to be provided, including with respect to the number of, and the
impact on, existing services suppliers.

215
The EU takes commitments with respect to Article 8 differentiated by its Member States, as set
out in the list of reservations.

The rights and obligations arising from this annex shall have no self-executing effect and thus
confer no rights directly on natural or juridical persons.

The following abbreviations are used in the list below:

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
216
The obligations of Article 8.1 apply to the following sectors or sub-sectors:

Legal advisory services in respect of international public law and foreign law (i.e. non-EU law)
Accounting and bookkeeping services
Taxation advisory services
Architectural services and urban planning and landscape architecture services
Engineering services and integrated engineering services
Medical and dental services
Veterinary services
Midwives services
Services provided by nurses, physiotherapists and paramedical personnel
Computer and related services
Research and development services
Advertising services
Market research and opinion polling
Management consulting services
Services related to management consulting
Technical testing and analysis services
Related scientific and technical consulting services
Mining
Maintenance and repair of vessels
Maintenance and repair of rail transport equipment
Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport
equipment
Maintenance and repair of aircrafts and parts thereof
Maintenance and repair of metal products, of (non-office) machinery, of (non-transport and non-
office) equipment and of personal and household goods
Translation and interpretation services
Telecommunication services
Postal and courier services
Construction and related engineering services
Site investigation work
Higher education services
217
Services Relating to Agriculture, Hunting and Forestry
Environmental services
Insurance and insurance related services advisory and consulting services
Other financial services advisory and consulting services
Transport advisory and consulting services
Travel agencies and tour operators' services
Tourist guides services
Manufacturing advisory and consulting services

The obligations of Article 8.2 apply to the following sectors or sub-sectors:

1) Legal advisory services in respect of international public law and foreign law (i.e.
non-EU law)
2) Architectural services and urban planning and landscape architecture services
3) Engineering services and integrated engineering services
4) Computer and related services
5) Research and development services
6) Market research and opinion polling
7) Management consulting services
8) Services related to management consulting
9) Mining
10) Translation and interpretation services
11) Telecommunication services
12) Postal and courier services
13) Higher education services
14) Insurance related services advisory and consulting services
15) Other financial services advisory and consulting services
16) Transport advisory and consulting services
17) Manufacturing advisory and consulting services

218
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 6 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 6 months
renewable once for an additional period of 6 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
Appendix C applies to the EU with the exception of: AT, DE, EL, ES, HU,
IT, LT, NL, PT, SK, UK.
In CY: Appendix C applies only with regard to technologists active in sub-
sectors CPC 8676, 851, 852, 853, 883.
In FI: Economic needs test.
In FR: Appendix 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: Appendix C applies.

Legal advisory services in respect
of public international law and
foreign law (i.e. non-domestic 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.
219

Accounting and bookkeeping
services
(CPC 86212 other than auditing
services, CPC 86213, CPC 86219
and CPC 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.

(CPC 863)
28

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 CPC 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 (s)he
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.
28
Does not include legal advisory and legal representational services on tax matters, which are to be found
under legal advisory services in respect of public international law and foreign law.
220

IP:
In CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE, UK:
None.
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 CPC 8673)

CSS:
In BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE,
UK: None.
In BG, CZ, DE, LT, LV, RO, SK: Economic needs test.
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 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 CPC 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.
221
In AT: Unbound except for psychologists and dental services, where:
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,
222
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 AT, BG, CZ, HU, LT, RO, SK: Economic needs test.
CAN: None.

IP:
In CY, DE, EE, EL, FR, IE, LU, LV, MT, NL, PL, PT, SI, SE, UK:
None.
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
29
, 853)

CSS:
EU except in SE: A hosting agreement with an approved research
organisation is required
30
.
EU except in CZ, DK, SK: None
In CZ, DK, SK: Economic needs test.
CAN: None.

29
Part of CPC 85201, which is to be found under medical and dental services.
30
For all Member States except UK and DK, the approval of the research organisation and the hosting
agreement have to meet the conditions set pursuant to EU Directive 2005/71/EC.
223
IP:
EU except in SE: A hosting agreement with an approved research
organisation is required
31
.
EU except in BE, CZ, DK, IT, SK: None
In BE, CZ, DK, IT, SK: Economic needs test.
CAN: None.

Advertising
(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
(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:
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
31
For all Member States except UK and DK, the approval of the research organisation and the hosting
agreement have to meet the conditions set pursuant to EU Directive 2005/71/EC.
224
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.
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 AT, BG, CZ, LT, RO, SK: Economic needs test.
In HU: Economic needs test, except for arbitration and conciliation services
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
CAN: None.

Technical testing and analysis
services
(CPC 8676)

CSS:
225
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.
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:
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.
226
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.

IP:
EU: Unbound.
CAN: Unbound.

Maintenance and repair of motor
vehicles, motorcycles, snowmobiles
and road transport equipment
(CPC 6112, CPC 6122, part of CPC
8867 and part of CPC 8868)

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.

IP:
EU: Unbound.
CAN: Unbound.

227
Maintenance and repair of aircraft
and parts thereof
(part of CPC 8868)

CSS:
UK: None.
In AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test.

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
32

(CPC 633, CPC 7545, CPC 8861,
CPC 8862, CPC 8864, CPC 8865 and
CPC 8866)

CSS:
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
32
Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to
be found under computer services.
228
needs test.
In HR: Unbound.
CAN: None.

Telecommunication services (CPC
7544, advisory and consulting
services only)

CSS:

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.

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.

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.

Construction and related
engineering services
CPC 511, 512, 513, 514, 515, 516,
517, 518. BG: CPC 512, 5131, 5132,
5135, 514, 5161, 5162, 51641, 51643,
51644, 5165, 517.

CSS:
EU: Unbound except in BE, CZ, DK, ES, FR, NL and SE.
In BE, DK, ES, NL, SE: None.
229
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.

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.
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

230
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
33
, CPC 9402, CPC 9403,
CPC 9404
34
, part of CPC 94060
35
,
CPC 9405, part of CPC 9406, CPC
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 HU: Unbound.
CAN: None.

IP:
In CY, DE, EE, EL, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE, UK:
33
Corresponds to sewage services.
34
Corresponds to cleaning services of exhaust gases.
35
Corresponds to parts of nature and landscape protection services.
231
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, 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 BE: Unbound.

IP:
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.
232

Travel agencies and tour operators
services (including tour
managers
36
)
(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 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, 885,
advisory and consulting services
only)

CSS:

36
Services suppliers whose function is to accompany a tour group of a minimum of 10 persons, without
acting as guides in specific locations.
233
IP:
None.
In AT, BE, BG, CZ, DK, ES, HU, IT, LT, PL, RO, SK: Economic needs
test.

LIMITED
Temporary Entry Spouses

234
ANNEX XXX - Understanding on Spouses

For the European Union Member States that are subject to the application of the Directive, the
European Union shall extend to spouses of Canadian citizens who are intra-corporate transferees
to the European Union, rights of temporary entry and stay equivalent to those granted to spouses
of intra-corporate transferees under the ICT Directive; and
Canada shall extend to spouses of European Union citizens who are intra-corporate transferees to
Canada equivalent treatment to that granted to spouses of Canadian citizens who are intra-
corporate transferees in the Member State of origin of the European Union intra-corporate
transferee.

LIMITED

235
Mutual Recognition
236
13. MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

Chapter xx

MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS

31 July, 2014

Article 1: Objectives and Scope

1. This Chapter establishes the framework to facilitate a fair, transparent and consistent regime
for the mutual recognition of professional qualifications by the Parties and determines the
general conditions for the negotiation of agreements on the mutual recognition of professional
qualifications (MRAs).

2. This chapter applies to professions which are regulated in both Parties, including in all or
some EU Member States and in all or some Provinces and Territories of Canada.

3. No Party may accord recognition in a manner that would constitute a means of discrimination
in the application of its criteria for the authorization, licensing or certification of services
suppliers, or a disguised restriction on trade in services.

4. An MRA adopted pursuant to this Chapter shall apply throughout the entire territories of the
EU and Canada, as defined in Article X Geographical Scope of Application of Chapter Y.

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 of 10
December 1982:
(a) of Canada as referred to in Article X.02 (Country-specific definitions Geographical scope
of Application (a)); and
(b) in which the Treaty on the European Union and the Treaty on the Functioning of the
European Union Treaty are applied as referred to in Article X.02 (Country-specific definitions
Geographical scope of Application (b)).


Jurisdiction means the territory of Canada and of each of the Member States of the European
Union, insofar as this Agreement applies in these territories in accordance with Article X
Geographical Scope of Application in Chapter Y.

Negotiating Entity means a person or body entitled or empowered to negotiate an MRA.
Mutual Recognition
237
Professional experience means the effective and lawful practice of a service activity.

Professional qualifications mean the qualifications attested by evidence of formal qualification
and/or professional experience.

Relevant Authority means any authority or body, designated pursuant to legislative, regulatory
or administrative provisions to recognize qualifications and authorize the practice of a profession
in a jurisdiction;

Regulated profession means a service activity, the exercise 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 3: Negotiation of an agreement on the mutual recognition of professional
qualifications

a) The Parties shall encourage the Relevant Authorities or professional bodies, as appropriate, in
their respective jurisdictions to develop and provide to the Joint Committee on Mutual
Recognition (the Joint Committee) joint recommendations on proposed MRAs.

b) A recommendation shall:

i) 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 (e.g. 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.

ii) provide an assessment as to the compatibility of their respective licensing and/or qualification
regimes and the intended approach for the negotiation of an MRA.

c) in light of each Partys consultations with its respective Relevant Authorities, the Joint
Committee shall, within a reasonable period of time, review the recommendation with a view to
ensuring its consistency with the requirements of this Chapter. Where these requirements are
satisfied, the Joint Committee shall establish the necessary steps to negotiate and each Party shall
inform its respective Relevant Authorities.

d) the Negotiating Entities shall thereafter pursue the negotiation and submit a draft MRA text to
the Joint Committee.

e) the Joint Committee will thereafter review the draft MRA to ensure its consistency with the
Agreement.

f) If in the view of the Joint Committee the MRA is consistent with the Agreement, the Joint
Committee shall adopt the MRA by means of a decision, which shall be conditional upon
subsequent notification to the Committee by each Party of the fulfillment of their respective
internal requirements. The decision shall become binding on the Parties upon notification to the
Mutual Recognition
238
Committee by each Party.

Article 4: Recognition

a) The recognition of professional qualifications provided by an MRA shall allow the beneficiary
to take up and pursue professional activities in the territory of the host jurisdiction, in accordance
with the terms and conditions specified in the MRA.

Where the professional qualifications of a service supplier in a Party are recognised by the other
Party pursuant to an MRA, a Relevant Authority of the host jurisdiction shall accord to this
service supplier treatment no less favourable than that accorded in like situations to like service
suppliers which it has certified or attested in its own jurisdiction.

(b) Recognition under an MRA cannot be conditioned upon:

(i) a service supplier meeting a citizenship or any form of residency requirement, or
(ii) a service supplier's education, experience or training having been acquired in the Party's
own jurisdiction.

Article 5: Joint Committee on Cooperation for the Recognition of Qualifications

a) On entry into force of this Agreement, a Joint Committee responsible for the implementation
of Article XY of this Chapter will be established.

The Joint Committee shall:

(i) be composed and co-chaired by Canada and the EU;

(ii) comprise representatives of each Party which must be different from the Relevant Authorities
or professional bodies mentioned in Article 3a), the list of which will be communicated through
an exchange of letters.

(iii) meet within one year after this Agreement enters into force, and thereafter as necessary or
as agreed;

(iv) determine its own rules of procedure;

(v) facilitate the exchange of information regarding laws, regulations, policies and practices
concerning standards or criteria for the authorization, licensing or certification of regulated
professions;

(vi) make publicly available information regarding the negotiation and implementation of
MRAs;

(vii) report to the [CETA Commission], on the progress of the negotiation and implementation
of MRAs; and
Mutual Recognition
239

(viii) as appropriate, provide information and complement the guidelines set out in the Annex to
this Chapter.

Article 6: Guidelines for the Negotiation and Conclusion of Agreements on the Mutual
Recognition of Professional Qualifications

As part of this framework to achieve mutual recognition of qualifications, the Parties set forth in
Annex XX non-binding guidelines with respect to the negotiation and conclusion of MRAs.

Article 7: Contact Points

Each Party shall establish one or more contact points for the administration of this Chapter.

Mutual Recognition
240
ANNEX X Y

Guidelines for Agreements on the Mutual Recognition of Professional Qualifications
(MRAs)

Introduction

This Annex contains guidelines to provide practical guidance for and 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 the Parties under this Agreement.

The examples listed under the various sections of these guidelines are provided by way of
illustration.

Form and Content of the Agreement

This section sets out various issues that may be addressed in any negotiations and, if so agreed,
included in final MRAs. It outlines some basic ideas on what 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 Agreement

The purpose of the MRA should be clearly stated.

3. Scope of the MRA

The MRA should set out clearly:

i) the scope of the MRA, in terms of the specific professional titles and activities which it
covers;
ii) who is entitled to use the professional titles concerned;
iii) whether the recognition mechanism is based on formal qualifications, a licence obtained in
the home jurisdiction, or on some other requirement(s); and
iv) whether the MRA covers temporary and/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.

Mutual Recognition
241
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 entail 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:

i) identify activities or groups of activities covered by the scope of practice rights of the
regulated profession; and

ii) identify the qualifications required in each jurisdiction. These may include but are not limited
to the following elements:

the minimum level of education required (e.g. entry requirements, length of study, subjects
studied);

the minimum level of experience required (e.g. location, length and conditions of practical
training or supervised professional practice prior to licensing, framework of ethical and
disciplinary standards);

examinations passed (especially examinations of professional competency);

the extent to which qualifications from one jurisdiction are recognised in the other jurisdiction;
and,

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 where 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 exercise a regulated
profession, in cases of:
Mutual Recognition
242

i) important differences in the essential knowledge, and
ii) significant differences in the duration or content of the training between jurisdictions.

There exists a substantial difference in the scope of practice when:

i) one or more professional activities do not form part of the corresponding profession in the
home jurisdiction
ii) these activities are subject to specific training in the host jurisdiction and,
iii) 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

Should the Negotiating Entities determine that there is a substantial difference in the scope of
practice rights or of formal qualifications between the jurisdictions, they may determine
compensatory measures to bridge the gap.

A compensatory measure may take the form of, inter alia, 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 home jurisdiction to see whether such experience is sufficient to remedy, in
whole or in part, the substantial difference in the scope of practice rights or formal 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:

i) the legal competency required to practice the regulated profession;
ii) the qualifications for the regulated profession;
iii) whether compensatory measures are necessary;
iv) the extent to which professional experience may compensate for any substantial differences;
v) a description of any compensatory measure, including the use of any adaptation periods or
aptitude tests.

5. Mechanisms for Implementation

The MRA should state:

i) the rules and procedures to be used to monitor and enforce the provisions of the agreement;
ii) the mechanisms for dialogue and administrative co-operation between the parties to the MRA;
and
Mutual Recognition
243
iii) 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:

i) the point of contact for information on all issues relevant to the application (e.g. name and
address of Relevant Authorities, licensing formalities, information on additional requirements
which need to be met in the host jurisdiction);
ii) the duration of the procedures for the processing of applications by the Relevant Authority of
the host jurisdiction;
iii) the documentation required of applicants and the form in which it should be presented ;
iv) acceptance of documents and certificates issued in the host jurisdiction in relation to
qualifications and licensing;
v) the procedures of appeal to or review by Relevant Authorities.

The MRA should also include the following commitments by Relevant Authorities:

i) that requests about the measures will be promptly dealt with;
ii) that adequate preparation time will be provided where necessary;
iii) that any exams or tests will be arranged with reasonable frequency;
iv) that fees to applicants seeking to take advantage of the terms of the MRA will be
commensurate with the costs incurred by the host jurisdiction; and
v) that they will supply information 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

Where applicable, the MRA should also set out the means by which, and the conditions under
which, a licence is actually obtained following the establishment of eligibility, and what this
licence entails (e.g., a licence and its contents, membership of a professional body, use of
professional and/or academic titles). Any licensing requirements other than qualifications should
be explained and should include requirements relating to:

(i) have an office address, maintain an establishment or be a resident;
(ii) language skills;
(iii) proof of good character;
(iv) professional indemnity insurance;
(v) compliance with host jurisdictions requirements for use of trade/firm names; and
(vi) compliance with host jurisdiction ethics (e.g., independence and good conduct); and

In order to ensure the transparency of the system, the MRA should include the following details
for each host jurisdiction:

(i) the relevant laws and regulations to be applied (e.g. disciplinary action, financial
responsibility, liability);
Mutual Recognition
244
(ii) the principles of discipline and enforcement of professional standards, including disciplinary
jurisdiction and any consequential effects on practicing professional activities;
(iii) the means for the ongoing verification of competence; and
(iv) the criteria for, and procedures relating to, revocation of the registration.

7. Revision of the Agreement

If the MRA includes terms under which it can be reviewed or revoked, the details should be
clearly stated.

8. Transparency

The Parties should:

i) make publicly available the text of MRAs which have been concluded and,
ii) notify the other Party of any modifications to qualifications that may affect the application or
implementation of an MRA. Where possible, the other Party should be given an opportunity to
comment on such modifications.

Definitions

For purposes of this Annex:

Adaptation period means the pursuit of a regulated profession in the host jurisdiction under the
responsibility of a qualified person, such period of supervised practice possibly being
accompanied by further training. 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
jurisdictions laws and regulations;

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;

Scope of practice means an activity or group of activities covered by a regulated profession.


245
DR

246
14. DOMESTIC REGULATION

CHAPTER XX

DOMESTIC REGULATION

17 July, 2014

ARTICLE X.1: SCOPE AND DEFINITIONS
1. This Chapter applies to measures adopted or maintained by a Party relating to licensing
requirements and procedures and qualification requirements and procedures that affect:

a) cross-border supply of services as defined in Chapter X; and

b) the supply of a service or pursuit of any other economic activity, through commercial presence
in the territory of another Party, including the establishment of such commercial presence; and,

c) the supply of a service through the presence of a natural person in the territory of the other
Party, in accordance with Article 5.2 of Chapter X].

2. This Chapter does not apply to licensing requirements and procedures and to qualification
requirements and procedures:

pursuant to an existing non-conforming measure that is maintained by a Party as set out in its
Schedule to Annex 1; or

b) relating to the sectors/activities set out below:

For Canada: Social Services, Aboriginal Affairs, Minority Affairs, and the collection,
purification, and distribution of water, as set out in Canada's schedule to Annex II, and cultural
industries.

For the European Union: Health, education, and social services, gambling and betting
services
37,
the collection, purification, and distribution of water, as set out in the EUs schedule to
Annex II, and audio-visual services.

3. 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.
37
With the exception of MT.
DR

247
"Licensing requirements" are substantive requirements, other than qualification requirements,
that must be complied with in order to obtain, amend or renew an authorisation;

"Licensing procedures" are 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;

"Qualification requirements" are substantive requirements relating to competency, that must be
complied with in order to obtain, amend or renew an authorisation;

"Qualification procedures" are administrative or procedural rules, that must be adhered to in
order to demonstrate compliance with qualification requirements;

as they are applied to a person by a Party.

"Competent authority" is any central, regional or local government and authority, or non-
governmental body in the exercise of powers delegated by central or regional or local
governments or authorities that grants an authorisation.

ARTICLE X.2: LICENSING AND QUALIFICATION REQUIREMENTS AND PROCEDURES

1. Each Party shall ensure that licensing and qualification requirements and procedures shall be
based on criteria which preclude the competent authorities from exercising their power of
assessment in an arbitrary manner.

2. The criteria referred to in paragraph 1 shall be:
a) clear and transparent;
b) objective;
c) established in advance and made publicly accessible.

3. The Parties recognise that the exercise of statutory discretion conferred on a minister or
ministers with respect to a decision on the granting of an authorisation where there is a public
interest involved is not inconsistent with paragraph 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, including Article X.2.4 of this
Chapter.

4. Paragraph 3 does not apply to licensing and qualification requirements with respect to
professional services.

5. Each Party shall ensure that an authorisation shall be granted as soon as the competent
authority determines that the conditions have been met, and once granted 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 which provide, at the request of an affected investor or service supplier, for a prompt
DR

248
review of, and where justified, appropriate remedies for, administrative decisions affecting the
supply of a service or the pursuit of any other economic activity. Where such procedures are not
independent of the agency entrusted with the administrative decision concerned, each Party shall
ensure that the procedures as applied in practice provide for an objective and impartial review.

7. Each Party shall ensure that licensing and qualification procedures 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. Any authorisation fees which applicants may incur in relation to their application shall be
reasonable and commensurate with the costs incurred and shall not in themselves 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 universal service provision.

10. Each Party shall ensure that the procedures used by and the decisions of the competent
authority in the authorisation process are impartial with respect to all applicants. The competent
authority should reach its decision in an independent manner and in particular should not be
accountable to any person supplying services or pursuing economic activities for which the
authorisation is required.

11. Where specific time periods for 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. Where possible, applications should be accepted in
electronic format under similar conditions of authenticity as paper submissions.

12. Authenticated copies should be accepted, where considered appropriate, in place of original
documents.

13. Each Party shall ensure that the processing of an 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, the competent authority shall provide, without undue delay,
information concerning the status of the application.

15. In the case where an application is considered to be incomplete, the competent authority
shall, within a reasonable period of time, informs the applicant, identify the additional
information required to complete the application, and provide an opportunity to correct
deficiencies.

16. If an application is rejected by the competent authority, the applicant shall be informed in
writing and without undue delay. Upon request, the applicant shall also be informed of the
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reasons for rejection of the application 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.


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15. FINANCIAL SERVICES

FINANCIAL SERVICES

ARTICLE 1: SCOPE

1. This Chapter applies to measures adopted or maintained by a Party relating to:
(a) financial institutions of the other Party;
(b) investors of the other Party, and investments of such investors, in financial institutions in
the Partys territory; and
cross-border supply of financial services.

2. For greater certainty, the provisions of chapter X (Investment) apply to:
(a) measures relating to investors of the Parties and investments of such investors in financial
service suppliers which are not financial institutions; [and
(b) measures, other than measures relating to the supply of financial services, relating to
investors of the Parties or investments of such investors in financial institutions.]

3. Articles X.12 (Investment Transfers), X.11 (Investment Expropriation), X.10
(Investment Compensation for Losses), X.9 (Investment Treatment of Investors and of
Covered Investments), X.16 (Investment Formal Requirements), [X.13 (Investment -
Subrogation)], X.15 (Investment Denial of Benefits), are hereby incorporated into and made a
part of this Chapter and apply to the measures to which this Chapter applies.

4. Section [Investor-State Dispute Settlement] of Chapter X (Investment) is hereby
incorporated into and made part of this Chapter for claims that a Party has breached Articles 3
(National Treatment) or 4 (Most Favoured Nation Treatment) with respect to the expansion,
conduct, operation, management, maintenance, use, enjoyment and sale or disposition of a
financial institution or an investment in a financial institution, or Articles X.12 (Investment
Transfers), X.11 (Investment Expropriation), X.10 (Compensation for Losses), X.9
(Investment Treatment of Investors and of Covered Investments), or X.15 (Investment Denial
of Benefits).

5. This Chapter does not apply to measures adopted or maintained by a Party relating to

activities or services forming part of a public retirement plan or statutory system of social
security; or

(b) activities or services conducted for the account or with the guarantee or using the
financial resources of the Party, including its public entities,

except that this Chapter shall apply to the extent that a Party allows any of the 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.
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6. Chapter X (Domestic Regulation) is hereby incorporated into and made part of this
Chapter and applies to the measures to which this Chapter applies. For greater certainty,
paragraph X.2 Licensing and Qualification Requirements applies to the exercise of statutory
discretion by the financial regulatory authorities of the Parties.

ARTICLE 2: DEFINITIONS

For the purpose of this Chapter
(a) financial service means any service of a financial nature. Financial services include all
insurance and insurance-related services, and all banking and other financial services (excluding
insurance), as well as services incidental or auxiliary to a service of a financial nature. Financial
services include the following activities:

A. Insurance and insurance-related services
direct insurance (including co-insurance):
(a) life;
(b) non-life;

reinsurance and retrocession;

insurance intermediation, such as brokerage and agency; and

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

B. Banking and other financial services (excluding insurance):
acceptance of deposits and other repayable funds from the public;

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

financial leasing;

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

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, certificates of deposits);
(b) foreign exchange;
(c) derivative products including futures and options;
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(d) exchange rate and interest rate instruments, including products such as swaps, forward
rate agreements;
(e) transferable securities;
(f) other negotiable instruments and financial assets, including bullion;

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

money broking;

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

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

provision and transfer of financial information, and financial data processing and related
software;

advisory, intermediation and other auxiliary financial services on all the activities listed in
subparagraphs (1) through (11), including credit reference and analysis, investment and portfolio
research and advice, advice on acquisitions and on corporate restructuring and strategy.

(b) financial service supplier means any person of a Party that is engaged in the business of
supplying a financial service within the territory of that Party. The term financial service
supplier does not include a public entity.
.

(x) 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 such service.

(x) cross-border supply of 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.

(c) public entity means:
1. 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, not including an entity principally engaged in supplying
financial services on commercial terms; or
2. a private entity, performing functions normally performed by a central bank or monetary
authority, when exercising those functions.
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(d) new financial service means with respect to a Party a financial service that is not
supplied in the territory of a Party but which 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 Partys territory;

(e) self-regulatory organisation means any 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.

financial institution means any supplier which carries out one or more of the operations
defined as being financial services in Article x, where the supplier is regulated and supervised in
respect of the supply of those services under the law of the Party in whose territory this supplier
is located, including branches of such financial service suppliers located in the Party 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 persons of the other Party;

investment means investment as defined in Article X (Investment Definitions), except that
for the purposes of this Chapter, with respect to loans and debt instruments referred to in that
Article:

A loan to or debt instrument issued by a financial institution is an investment in that financial
institution only where it is treated as regulatory capital by the Party in whose territory the
financial institution is located; and

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, the provisions of Chapter X (Investment) apply to a loan or debt instrument
to the extent that it is not covered in this Chapter. A loan granted by or 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 X (Investment) if such loan or
debt instrument meets the criteria for investments set out in Article X (Investment-Definitions).

investor of a Party means investor of a Party as defined in Article X (Investment
Definitions);

person of a Party means person of a Party as defined in Article X (Initial Provisions and
General Definitions Definitions of General Application) and, for greater certainty, does not
include a branch of an enterprise of a non-Party.

ARTICLE 3: NATIONAL TREATMENT

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1. Article X (Investment - National Treatment) is hereby incorporated into and made 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 paragraphs 1 and 2 of Article X (Investment - National Treatment) means treatment
accorded to its own financial institutions and investments of its own investors in financial
institutions.

ARTICLE 4: MOST-FAVOURED-NATION TREATMENT

1. Article X (Investment Most-Favoured-Nation Treatment) is hereby incorporated into and
made part of this Chapter and applies to treatment of financial institutions, investors of the other
Party and their investments in financial institutions.

2. The treatment accorded by a Party to investors of a non-Party and investments of investors of
a non-Party under paragraphs 1 and 2 of Article X (Investment Most-Favoured-Nation
Treatment) means treatment accorded to financial institutions of a non-Party and investments of
investors of a non-Party in financial institutions.
.

ARTICLE 5: RECOGNITION OF PRUDENTIAL MEASURES

A Party may recognise prudential measures of a non-Party in the application of measures
covered by this Chapter. Such recognition may be:
Accorded unilaterally.
Achieved through harmonisation or other means; or
Based upon an agreement or arrangement with the non-Party.

A Party according recognition of prudential measures 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.

If a Party accords recognition of prudential measures under subparagraph 1(c) and the
circumstances 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 6: MARKET ACCESS

Neither Party shall adopt or maintain, with respect to financial institutions of the other Party or
investors of the other Party seeking to establish such institutions, either 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, measures that:
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(a) impose 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;

(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.

(b) restrict or require specific types of legal entity or joint venture through which a financial
institution may perform an economic activity.

Paragraph 2 of Article X (Investment Market Access) is hereby incorporated into and made
part of this Article and applies to the measures to which this Chapter applies

For greater certainty, a Party may impose terms, conditions and procedures for the authorisation
of the establishment and expansion of a commercial presence in so far as they do not circumvent
the Party's obligation under paragraph 1 and they are consistent with the other obligations of the
Chapter/Annex/Agreement.

For greater certainty, nothing in this Article shall be construed to prevent a Party from requiring
financial institutions to supply certain financial services through separate legal entities where
under the laws of the Party the range of financial services supplied by the financial institution
may not be supplied through a single entity.

ARTICLE 7: CROSS-BORDER SUPPLY OF FINANCIAL SERVICES

Article X (Cross-Border Trade in Services National Treatment), Article X (Cross-Border Trade
in Services -Market Access) and Article X (Cross-Border Trade in Services Formal
Requirements) are hereby incorporated into and made part of this Chapter and apply to treatment
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of cross-border financial service suppliers supplying the financial services specified in Annex X-
7.

The treatment accorded by a Party to its own service suppliers and services under paragraph 2 of
Article X (Cross-Border Trade in Services National Treatment) means treatment accorded to
its own financial service suppliers and financial services.

The measures which shall not be adopted or maintained by a Party with respect to service
suppliers and services of the other Party under Article X (Cross-Border Trade in Services
Market Access) means measures relating to cross-border financial service suppliers of the other
Party supplying financial services.

Article (Cross-Border Trade in Services Most-Favoured-Nation Treatment) is hereby
incorporated into and made part of this Chapter and applies to treatment of cross-border financial
service suppliers of the other Party.

The treatment accorded by a Party to service suppliers and services of a non-Party under Article
X (Cross-Border Trade in Services Most-Favoured-Nation Treatment) means treatment
accorded to financial service suppliers of a non-Party and financial services of a non-Party.

Each Party shall permit persons located in its territory, and its nationals wherever located, to
purchase financial services from cross-border financial service suppliers of the other Party
located in the territory of the 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, as long as such definitions are not inconsistent with
the obligation of paragraph 1.

For the financial services specified in Annex X, 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 Partys territory where the first Party would permit its own
financial service suppliers to supply such services or products under its domestic law in like
situations.

ARTICLE 8: SENIOR MANAGEMENT AND BOARDS OF DIRECTOR

Neither Party may 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 X: PERFORMANCE REQUIREMENTS

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The Parties shall negotiate disciplines on Performance Requirements such as those contained in
Article X (Investment Performance Requirements) with respect to investments in financial
institutions.

If, after 3 years of entry into force of this Agreement, the Parties have not agreed to such
disciplines, upon request of either Party, Article X (Performance Requirements) of Chapter X
(Investment) shall be incorporated into and made part of the Chapter on Financial Services, and
shall apply to investments in financial institutions. For this purpose, investment in Article X
(Performance Requirements) means investment in a financial institution in its territory.

Within 180 days following agreement by the Parties on the performance requirement disciplines
pursuant to paragraph 1, or of a Partys request for incorporation of Article X (Performance
Requirements) of Chapter X (Investment) into this Chapter pursuant to paragraph 2, as the case
may be, the Parties may amend their Schedules as required. Any amendments shall be limited to
the listing of reservations for existing measures non-conforming with the Performance
Requirements obligation of the Financial Services Chapter, for Canada, in Section A of its
Schedule to Annex III (Financial Services Annex) and for the EU in its Schedule to Annex I.
Article 9.1 shall apply to such measures with respect to the performance requirement disciplines
negotiated pursuant to paragraph 1, or Article X (Investment Performance Requirements) as
incorporated into this Chapter pursuant to paragraph 2, as the case may be.

ARTICLE 9: NON-CONFORMING MEASURES

Articles X (National Treatment), X (Most-Favoured Nation Treatment), X (Market Access), [X
(Senior Management and Boards of Directors), do not apply to:

Any existing non-conforming measure that is maintained by a Party at the level of:

the European Union, as set out in its Schedule to Annex I;
a national government, as set out by Canada in Section A of its Schedule to Annex III (Financial
Services Annex) or the EU in its Schedule to Annex I;
a provincial, territorial, or regional government, as set out by Canada in Section A of its
Schedule to Annex III (Financial Services Annex) or the EU in its Schedule to Annex I; or
a local government.

The continuation or prompt renewal of any non-conforming measure referred to in sub-paragraph
(a); or

An amendment to any non-conforming measures 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 X (National Treatment), X (Most-Favoured Nation
Treatment), X (Market Access), and X (Senior Management and Boards of Directors).
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Article X (Cross-Border Supply of Financial Services) does not apply to:

Any existing non-conforming measure that is maintained by a Party at the level of:

the European Union, as set out in its Schedule to Annex 1;
a national government, as set out by Canada in Section A of its Schedule to Annex III (Financial
Services Annex) or the EU in its Schedule to Annex I;
a provincial, territorial, or regional government, as set out by Canada in Section A of its
Schedule to Annex III (Financial Services Annex) or the EU in its Schedule to Annex I; or
a local government.

The continuation or prompt renewal of any non-conforming measure referred to in subparagraph
(a); or

An amendment to any non-conforming measure referred to in subparagraph (a) to the extent that
the amendment does not decrease the conformity of the measure, as it existed upon the entry into
force of this Agreement, with Article X (Cross-Border Trade).]

Articles X (National Treatment), X (Most-Favoured Nation Treatment), X (Market Access), X
(Cross-Border Trade), and X (Senior Management and Boards of Directors) do not apply to
measures that Canada adopts or maintains with respect to financial services as set out in Section
B of its Schedule to Annex III (Financial Services Annex), or to measures that the EU adopts or
maintains with respect to financial services as set out in its Schedule to Annex II.

Where a Party has set out a reservation to Article X (Investment National Treatment), X
(Investment Most-Favoured-Nation Treatment), X (Investment Market Access), X
(Investment Performance Requirements), X (Investment Senior Management and Boards of
Directors), X (Cross-Border Trade in Services National Treatment), X (Cross-Border Trade in
Services Market Access) or X (Cross-Border Trade in Services Most-Favoured-Nation
Treatment) in its Schedule to Annex I or II, the reservation also constitutes a reservation to
Articles X (National Treatment), X (Most-Favoured-Nation Treatment), X (Market Access), , X
(Cross-Border Trade in Financial Services), X (Senior Management and Boards of Directors), or
any disciplines on performance requirements negotiated pursuant to Article X.1 (Performance
Requirements) or incorporated into this Chapter pursuant to Article X.2 (Performance
Requirements), 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.

Without prejudice to Article X.11 (Investment - Expropriation) and Article X.9 (Investment -
Treatment of Investors and Covered Investments), no Party may adopt any measure or series of
measures after the date of entry into force of this Agreement and covered by Section B of
Canada's Schedule to Annex III (Financial Services Annex), or by the Schedule to Annex II of
the EU 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.

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In respect of intellectual property rights, a Party may derogate from Article X.6 (National
Treatment), Article X.7 (Most-Favoured-Nation Treatment) and any disciplines on technology
transfer in relation to performance requirements negotiated pursuant to Article X.1 (Performance
Requirements) or incorporated into this Chapter pursuant to Article X.2 (Performance
Requirements) as the case may be, where 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.

Articles X (National Treatment), X (Most-Favoured-Nation Treatment), X.(Market Access) and
X (Senior Management and Board of Directors) do not apply to:

(a) procurement by a Party for goods and services purchased for governmental purposes and not
with a view to commercial resale or with a view to use in the supply of goods and services for
commercial sale, whether or not that procurement is "covered procurement" with the meaning of
Article II of (Chapter XX Public procurement); or

(b) subsidies, or government support relating to trade in services, provided by a Party. .

ARTICLE 10: EFFECTIVE AND TRANSPARENT REGULATION

Each Party shall ensure that all measures of general application to which this Chapter applies are
administered in a reasonable, objective and impartial manner.

Each Party shall ensure that its laws, regulations, procedures and administrative rulings of
general application respecting any matter covered by this Chapter are promptly published or
made available in such a manner as to enable interested persons and the other Party to become
acquainted with them. To the extent possible, each Party shall:

publish in advance any such measure that it proposes to adopt;

provide interested persons and the other Party a reasonable opportunity to comment on such
proposed measures; and

allow reasonable time between their final publication and effective date

and these requirements shall replace those set out in Article X (Transparency Publication).

Each Party shall maintain or establish appropriate mechanisms that will respond within a
reasonable timeframe to inquiries from interested persons regarding measures of general
application covered by this Chapter.

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
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period which is justified by the complexity of the application and the normal timeframes
established for the processing of the application and shall promptly notify the applicant of the
decision. For Canada, such reasonable period shall be 120 days. An application shall not be
considered complete until all relevant hearings are held and all necessary information is received.
Where it is not practicable for a decision to be made within a reasonable period, the regulatory
authority shall promptly notify the applicant and shall endeavour to make the decision as soon as
possible.

ARTICLE 11: 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 organization to provide
a financial service in or into the territory of that Party, or grants privileges or advantages when
providing financial services through such self-regulatory organizations, then the requiring Party
shall ensure that the self-regulatory organization observes the obligations of this Chapter.

ARTICLE 12: PAYMENT AND CLEARING SYSTEMS

Under terms and conditions that accord national treatment, each Party shall grant to financial
service suppliers of the other Party established in its territory access to payment and clearing
systems operated by a Party or by an entity pursuant to governmental authority delegated to it by
a Party, as well as to official funding and refinancing facilities available in the normal course of
ordinary business. This paragraph is not intended to confer access to a Partys lender of last
resort facilities.

ARTICLE 13: NEW FINANCIAL SERVICES

Each Party shall permit a financial institution of the other Party, on request or notification to the
relevant regulator, where required, to supply any new financial service that the first Party would
permit its own financial institutions to supply under its domestic law in like circumstances.

A Party may determine the institutional and juridical form through which the service may be
supplied and may require authorisation for the provision of the service. Where such authorisation
is required, a decision shall be made within a reasonable time and the authorisation may only be
refused for prudential reasons.

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 Partys
territory. That application is subject to the domestic law of the Party receiving the application
and is not subject to the obligations of this Article.

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ARTICLE 14: TRANSFERS AND PROCESSING OF INFORMATION

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 where such processing is required in its ordinary course of business.

Each Party shall maintain adequate safeguards to protect privacy, in particular with regard to the
transfer of personal information. Where the provision and transfer of financial information and
financial data processing involves personal information, the treatment of such personal
information shall be subject to the legislation governing the protection of personal information of
the territory of the Party where the transfer has originated.

ARTICLE 15: PRUDENTIAL CARVE-OUT

Nothing in this Agreement shall prevent a Party from adopting or maintaining reasonable
measures for prudential reasons, including:
the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is
owed by a Financial Institution, or cross-border financial service supplier or financial service
supplier;
the maintenance of the safety, soundness, integrity or financial responsibility of a Financial
Institution, cross-border financial service supplier or financial service supplier; or
ensuring the integrity and stability of a Party's financial system.
.

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.
Subject to Article X (National Treatment) and Article Y (Most Favoured Nation Treatment), a
Party may, for prudential reasons, prohibit a particular financial service or activity. Such a
prohibition may not apply to all financial services or to a complete financial services sub-sector,
such as banking.

ARTICLE 16: SPECIFIC EXCEPTIONS

In order to make the Financial Services Chapter subject to GATS exceptions, a reference must be
made to Chapter X (Financial Services) in Article X.02.2 (Exceptions General Exceptions)
provision.

Nothing in this Agreement applies to measures taken by any public entity in pursuit of monetary
or exchange rate policies. This paragraph shall not affect a Partys obligations under Article X
(Investment Performance Requirements) with respect to measures covered by Chapter X
(Investment) or Article X (Investment Transfers).
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Nothing in this Agreement shall be construed as requiring a Party to furnish or allow access to
information relating to the affairs and accounts of individual consumers, cross-border financial
services suppliers, financial institutions or any confidential information which, if disclosed,
would interfere with specific regulatory, supervisory or law enforcement matters, or otherwise be
contrary to public interest or prejudice legitimate commercial interests of particular enterprises.

ARTICLE 17: FINANCIAL SERVICES COMMITTEE

The Parties hereby establish a Financial Services Committee (the Committee).

The Committee 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 Finance Canada.

The Committee shall decide by consensus.

The Committee shall meet annually, or as it otherwise agrees, 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 respective regulatory systems and to cooperate in the development of
international standards as illustrated by the Understanding contained in Annex X
c. implement the provisions of Article 20 (Investment Disputes in Financial Services).

ARTICLE 18: CONSULTATIONS

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.
Each Party shall ensure that for consultations under paragraph 1 its delegation includes officials
with the relevant expertise in the area covered by this chapter. For Canada this means officials of
Finance Canada.

ARTICLE 19: DISPUTE SETTLEMENT

Chapter X (Dispute Settlement) applies as modified by this Article to the settlement of disputes
arising under this Chapter.

In the event that the Parties are unable to agree on the composition of the Panel, Article 14.7
shall apply. However, all references to the list of arbitrators established under Article 14.8 shall
be understood to refer to the list of arbitrators established under this Article.

The [CETA institutional Body] 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
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individuals who are not nationals of either Party to act as chairpersons. Each sub-list shall
include at least five individuals. The [CETA body] may review the list at any time and shall
ensure that the list conforms with this Article.

The individuals included on the list shall have expertise or experience in financial services law or
regulation or the practice thereof, which may include the regulation of financial service
suppliers. The individuals acting as chairpersons must also have experience as a counsel,
panellist or arbitrator in dispute settlement proceedings. Arbitrators shall be independent, serve
in their individual capacities and not take instructions from any organisation or government, and
shall comply with the Code of Conduct annexed to the Dispute Settlement chapter.

If a panel finds that a measure to be 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
Partys financial services sector; or
(b) only a sector other than the financial services sector, the complaining Party may not suspend
benefits in the financial services sector.

ARTICLE 20: INVESTMENT DISPUTES IN FINANCIAL SERVICES

The provisions of [Investor-to-State Dispute Settlement] apply, as modified by this Article and
Annex XXX, to:

investment disputes pertaining to measures to which this Chapter applies in which an investor
claims that a Party has breached Articles X.12 (Investment Transfers), X.11 (Investment
Expropriation), X.10 (Investment - Compensation for Losses), X.9 (Investment Treatment of
Investors and of Covered Investments), X.15 (Investment Denial of Benefits), X.3 (Financial
Services - National Treatment) or X.4 (Financial Services - Most-Favoured Nation Treatment);
or

investment disputes commenced pursuant to [Investor State Dispute Settlement] in which Article
15.1 has been invoked.

Unless the disputing parties agree otherwise, in the case of an investment dispute under sub-
paragraph 1(a), or where the respondent invokes Article 15.1 within 60 days of the submission of
a claim to arbitration under Article X-8 [Submission of a Claim to Arbitration], the Tribunal
shall be constituted from the list established under Article X [Financial Services Dispute
Settlement]. Where the respondent invokes Article 15.1 within 60 days of submission of a claim,
with respect to an investment dispute other than under sub-paragraph 1(a), the time period
applicable to the constitution of the Tribunal under Article X-10 [Constitution of the Tribunal]
shall commence on the date the respondent invokes Article 15.1. In the event that the disputing
parties are unable to agree on the composition of the Tribunal within the time frame laid down in
Article X-10 (Constitution of the Tribunal) either disputing party may request the Secretary-
General of ICSID to select the arbitrators from the list established under Article X-19 (Financial
FS
265
Services Dispute Settlement). In the event that disputing parties are unable to constitute the
Tribunal from the list, or that the list has not been established under Article X [Financial
Services Dispute Settlement] on the date the claim is submitted to arbitration, the Secretary-
General of ICSID shall select the arbitrators from the individuals proposed by one or both of the
Parties in accordance with Article X-19 [Financial Services Dispute Settlement].

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 15.1 is a valid
defence to the claim. Such a referral cannot be made later than the date the Tribunal fixes for the
respondent to submit its counter-memorial. Where the respondent refers the matter to the
Financial Services Committee under paragraph 3 the time periods or proceedings specified in
[Investor-to-State-Dispute Settlement] shall be suspended.

In a referral under paragraph 3, the Financial Services Committee or the CETA Trade Committee
as the case may be, may make a joint determination on whether and to what extent Article 15.1
[Prudential Carve-Out/Exceptions] is a valid defence to the claim. The Financial Services
Committee or the CETA Trade Committee as the case may be, shall transmit a copy of any joint
determination to the investor and the Tribunal, if constituted. If such joint determination
concludes that Article 15.1 is a valid defence to all parts of the claim in their entirety, the
investor shall be deemed to have withdrawn its claim and proceedings shall be discontinued in
accordance with Article X (Discontinuance). If such joint determination concludes that Article
15.1 is a valid defence to only parts of the claim, the joint determination shall be binding on the
Tribunal with respect to those parts of the claim, the suspension of the timelines or proceedings
in paragraph 4 shall no longer apply, and the investor may proceed with any remaining parts of
the claim.

If the CETA Trade Committee has not made a joint determination within 3 months of referral of
the matter by the Financial Services Committee, the suspension of the time periods or
proceedings referenced in paragraph 4 shall no longer apply and the investor may proceed with
its claim.

At the request of the respondent, the Tribunal shall decide as a preliminary matter whether and to
what extent Article 15.1 [Prudential Carve-Out/Exceptions] is a valid defence to the claim.
Failure of the respondent to make such a request is without prejudice to the right of the
respondent to assert Article 15.1 [Prudential Carve-Out/Exceptions] as a defence in a later phase
of the arbitration. The Tribunal shall draw no adverse inference from the fact that the Financial
Services Committee or the CETA Trade Committee has not agreed on a joint determination in
accordance with Annex XXX.

FS Annex Cross Border

266
Annex X: Cross-Border Trade in Financial Services

Schedule of Canada

Insurance and Insurance-Related Services
1. Article 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 2,
with respect to:
(a) insurance of risks relating to:
(i) maritime transport and commercial aviation and space launching and freight (including
satellites), with such insurance to cover any or all of the following: the goods being transported,
the vehicle transporting the goods, and any liability deriving therefrom; and
(ii) goods in international transit; and
(b) reinsurance and retrocession,
(c) services auxiliary to insurance as described in subparagraph (A4) of the definition of
financial service, and
(d) insurance intermediation such as brokerage and agency, as described in subparagraph
(A3) of the definition of financial service, of insurance risks related to the services listed in
subparagraphs (a) and (b) of this paragraph.

Banking and Other Financial Services (excluding insurance)
2. Article 7(1) applies to the cross-border supply of or trade in financial services, as defined
in subparagraphs (a) of the definition of cross-border supply of financial services in Article 2,
with respect to:
(a) the provision and transfer of financial information and financial data processing, as
described in subparagraph (B11) of the definition of financial service; and
(b) advisory and other auxiliary financial services, and credit reference and analysis,
excluding intermediation, relating to banking and other financial services, as described in
subparagraph (B12) of the definition of financial service.

267

Portfolio Management Services
3. The provision of the following services to a collective investment scheme located in its
territory:
(i) investment advice; and
(ii) portfolio management services, excluding:
A. custodial services,
B. trustee services,
C. 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
where 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 2(c), 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 Non-conforming measures set out by Canada in Annex XX of its Schedule to Annex III
(Financial Services Annex) do not apply to paragraphs 3, 4 and 5 (Portfolio Management) above.


268
Schedule of the European Union (applicable to all EU Member States unless otherwise
indicated)

Insurance and Insurance-Related Services

With the exception of CY, EE, LV, LT, MT and PL Article 7(1) applies to the cross-border
supply of Financial Services, as defined in Article 2(x) of Chapter X Financial Services, with
respect to:

direct insurance services (including co-insurance) and direct insurance intermediation for the
insurance of risks relating to:

maritime transport and commercial aviation and space launching and freight (including

(ii) goods in international transit.

Reinsurance and retrocession,

Services auxiliary to insurance.

For CY, Article 7(1) applies to the cross-border supply of Financial Services, as defined in
Article 2(x) of Chapter X Financial Services, with respect to:

direct insurance services (including co-insurance) for the insurance of risks relating to:



Insurance intermediation,



For EE Article Article 7(1) applies to the cross-border supply of Financial Services, as defined in

Direct insurance (including co-insurance),


269



For LV, LT Article 7(1) applies to the cross-border supply of Financial Services, as defined in

(a) direct insurance services (including co-insurance) for the insurance of risks relating to:




For MT, Article 7(1) applies to the cross-border supply of Financial Services, as defined in

direct insurance services (including co-insurance) for the insurance of risks relating to:





For EE Article Article 7(1) applies to the cross-border supply of Financial Services, as defined in

Direct insurance (including co-insurance),




270

For PL Article 7(1) applies to the cross-border supply of Financial Services, as defined in Article
2(x) of Chapter X Financial Services, with respect to:

(a) direct insurance services (including co-insurance) for the insurance of risks relating to goods
in international trade.

(b) Reinsurance and retrocession of risks relating to goods in international trade.,

Banking and Other Financial Services (excluding insurance and insurance-related services)

With the exception of BE, CY, EE, LV, LT, MT, SI and RO Article 7(1) applies to the cross-
border supply of financial services, as defined in Article 2(x) of Chapter X Financial Services,
with respect to:

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

advisory and other auxiliary financial services on all the activities listed in paragraph (a)
[banking and other financial services] of Article [ ] of ], including credit reference and
analysis, investment and portfolio research and advice, advice on acquisitions and on corporate
restructuring and strategy, but excluding intermediation.

For BE Article 7(1) applies to the cross-border supply of financial services, as defined in Article


For CY Article 7(1) applies to the cross-border supply of financial services, as defined in Article

the trading for own account or for the account of customers, whether on an exchange or an over
the counter market or otherwise of transferrable securities;


advisory and other auxiliary financial services, excluding intermediation on all the activities
listed in paragraph (a) [banking and other financial services] of Article [ ] of ], including

271
credit reference and analysis, investment and portfolio research and advice, advice on
acquisitions and on corporate restructuring and strategy.

For EE, LT Article 7(1) applies to the cross-border supply of financial services, as defined in

acceptance of deposits;

lending of all types;

financial leasing;

all payment and money transmission services;


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

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

(f) money broking;

(g) asset management, such as cash or portfolio management, all forms of collective investment
management, , custodial, depository and trust services;

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

software;


For LV Article 7(1) applies to the cross-border supply of financial services, as defined in Article

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



272
restructuring and strategy.

For MT Article 7(1) applies to the cross-border supply of financial services, as defined in Article

the acceptance of deposits;




For RO Article 7(1) applies to the cross-border supply of financial services, as defined in Article

acceptance of deposits;



(f) money broking;

software;


For SI Article 7(1) applies to the cross-border supply of financial services, as defined in Article



273
the acceptance of guarantees and commitments from foreign credit institutions by domestic legal
entities and sole proprietors;



Article 7(1) applies to the cross-border supply of financial services, as defined in Article 2(x) of
Chapter X Financial Services, with respect to:

Portfolio management services to an EU professional client located in the EU, by a Canadian
financial institution organized in Canada following a transitional period of 4 years from the entry
into force of this Agreement. For greater certainty, this commitment is however subject to the
EU prudential regulatory regime including equivalence assessment.
38

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 where such
portfolios include one or more financial instruments.
Furthermore, portfolio management services shall not include:
custodial services,
trustee services,
execution services.
For the purposes of this commitment, in the EU professional clients are those defined under letter
e) of Section I of Annex II of Directive 2004/39/EC of 21 April 2004 on markets in financial
instruments

38
This means that once the European Commission has adopted the equivalence decision related to portfolio
management and a Canadian financial institution has satisfied other EU prudential requirements, this financial
institution may provide discretionary portfolio management services to an European professional client without
being established in the European Union. Furthermore, measures of EUs member states restricting or
prohibiting cross-border portfolio management including reservations in Annex X shall no longer apply to this
commitment.
FS Annex Prudential Carve-out

274
ANNEX XX OF THE FINANCIAL SERVICES CHAPTER
Understanding between Canada and the EU
Guidance on the application of Article 15.1 (Prudential Carve-out) and Article 20
(Investment Disputes in Financial Services)

The Parties recognize 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 15.1 allowing the Parties
to take measures for prudential reasons, and to establish Financial Services Committee (Article
17) to act as a filter in investment disputes in financial services under Article 20.
Process:
The Financial Services Committee, in its role as a filter in investment disputes under Article 20,
shall decide whether and, if so, to what extent the prudential carve-out is a valid defence to the
claim.
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.
Where the non-disputing Party notifies the Financial Services Committee within the 60 day
period in paragraph (2) that it has launched its internal determination process on this matter, the
timeframe in paragraph (2) is suspended until that Party notifies the Financial Services
Committee of its position. A suspension beyond 6 months will be considered as a breach of the
good faith undertaking.
Where the Respondent does not provide its position to the Financial Services Committee within
the time period referred to in paragraph (2), the suspension of the time periods or proceedings
referred to in paragraph 4 of Article 20 shall no longer apply and the investor may proceed with
its claim.
Where the Financial Services Committee is unable to agree on a joint determination within 60
days in relation to a specific investor-to-state dispute concerning a prudential measure, the
Financial Services Committee shall refer the matter to the CETA Trade Committee
39
. This period
of 60 days shall commence from the moment the Financial Services Committee receives the
positions of the Parties pursuant to paragraph (2).
The joint determination of the Financial Services Committee or the CETA Trade Committee
shall be binding on the Tribunal only in the case in question. The joint determination shall not
constitute a binding precedent for the Parties with respect to definition and application of the
prudential carve-out or other terms of this Agreement.
39
Each Party shall ensure that its representation in the CETA Trade Commission for this purpose
includes financial services authorities

275
Unless the CETA Trade Committee otherwise decides, should the CETA Trade Committee not
reach an agreement within 3 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
arbitrating that particular dispute. The Tribunal shall take account of this record in reaching a
decision.
40

High level principles:
The Parties agree that the application of Article 15.1 by the Parties and by tribunals should be
guided by the following principles, which are not exhaustive:
Each 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.

Relevant considerations in determining whether a measure meets the requirements of Article
15.1 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.

Given the highly specialized 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.

(a) Except as provided in paragraph (b), a measure is deemed to meet the requirements of
Article 15.1 where it:
(i) has a prudential objective; and

(ii) is not so severe in light of its purpose that it is manifestly disproportionate to the
attainment of its objective.

(b) A measure that otherwise meets the requirements of paragraph (a) does not meet the
requirements of Article 15.1 where it is a disguised restriction on foreign investment or an
arbitrary or unjustifiable discrimination between investors in like situations.

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 15.1 where that
measure is:
In line with our common international prudential commitments; or
In pursuance of the resolution of a financial institution that is no longer viable or likely to be no
longer viable;
In pursuance of the recovery of a financial institution or the management of a financial
institution under stress; or


276
In pursuance of the preservation or the restoration of financial stability, in response to a system-
wide financial crisis.

Periodic Review
The Financial Services Committee may, by agreement 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 15.1 (Prudential Carve-out), on the basis of the dialogue and discussions
held in the Committee in relation to specific disputes and mindful of common international
prudential commitments.
FS Understanding on dialogue on FS

277
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 [established
by Article X] shall be based on the principles and prudential standards agreed at 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 discuss issues related to the operation of branches.

IMTS

278
16. INTERNATIONAL MARITIME TRANSPORT SERVICES
[ANNEX] [CHAPTER] XY
INTERNATIONAL MARITIME TRANSPORT SERVICES
Article 1: Scope
This [Annex] [Chapter] applies to measures adopted or maintained by a Party relating to the
supply of international maritime transport services.
41

For greater certainty, measures adopted or maintained by a Party [relating to] [affecting] the
supply of international maritime transport services are also subject to the provisions of the
Chapters on Cross-Border Trade in Services (CBTS) and on Investment. Chapter X (CBTS)
Article X-02 (National Treatment), Article X-04 (Most-Favoured Nation) and Chapter Y
(Investment) Article X-# (National Treatment), and Article X-# (Most-Favoured Nation) include
the obligation not to adopt or maintain measures that deny vessels engaged in international
maritime transport and flying the flag of the other Party
42
, or international maritime transport
service suppliers of the other Party, the treatment accorded by that Party in like situations to its
own vessels or service suppliers or those of any third country, whichever is more favourable,
with regard to access to ports, the use of infrastructure and services of ports such as towage and
pilotage, the use of maritime auxiliary services as well as the imposition of related fees and
charges, access to customs facilities, and the assignment of berths and facilities for loading and
unloading
43
.

Article 2: Obligations

Each Party shall permit international maritime transport service suppliers of the other Party to re-
position owned/leased empty containers, not being carried as cargo against payment, between
ports of that Party.

Each Party shall permit international maritime transport service suppliers of the other Party
to provide feeder services between ports of that Party.

Either Party may adopt or maintain cargo-sharing arrangements with third countries concerning
international maritime transport services, including dry and liquid bulk and liner trades.

41
Nothing in this Annex shall be interpreted to apply to fishing vessels as defined under a Party's domestic law.
42
For the purposes of this [Annex] [Chapter], for the European Union, flying the flag of a Party means flying the
flag of a Member State of the European Union.

43
Paragraph 2 does not oblige a Party to require private sector terminal operators and providers of maritime
auxiliary services to accord access to and use of their services on non-discriminatory terms and conditions.
Paragraph 2 does not apply to vessels or international maritime transport services suppliers that are subject to the
Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated
Fishing.

IMTS

279
Neither Party may adopt or maintain measures requiring that all or part of any international cargo
be transported exclusively by vessels registered in that Party or owned or controlled by nationals of
that Party.

Neither Party may adopt or maintain measures that prevent international maritime transport
service suppliers of the other Party from directly contracting with providers of other transport
services for the provision of door-to-door or multimodal transport operations.

Article 3: Non-Conforming Measures

Article 2 (Obligations) does not apply to:

an existing non-conforming measure that is maintained by:

The European Union, as set out by the EU in its Schedule to Annex I,

The national government of a Party, as set out in its Schedule to Annex I,

A provincial, territorial or regional government of a Party, as set out in its Schedule to Annex I,
or

A local government of a Party.

The continuation or prompt renewal of any non-conforming measure referred to in subparagraph
(a); or

An amendment to any non-conforming measure referred to in subparagraph (a) to the extent that
the amendment does not decrease the conformity of the measure, as it existed immediately
before the amendment, with Article 2 (Obligations).

Article 2 (Obligations) does not apply to any measure that a Party adopts or maintains with
respect to sectors, subsectors or activities, as set out in its Schedule to Annex II.


For purposes of this [Annex] [Chapter]:

international maritime transport services means the transport of passengers and/or cargo by
sea-going vessels between a port of one Party and a port of another Party or of a non-Party, or
between a port of one European Union Member State and a port of another European Union
Member State, 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.
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280
door-to-door or multimodal transport operations means the transport of cargo using more
than one mode of transport, involving an international sea-leg, under a single transport
document.
international cargo means cargo transported by sea-going vessels between a port of one Party
and a port of another Party or of a non-Party, or between a port of one European Union Member
State and a port of another European Union Member State.
international maritime transport service supplier means
any enterprise of a Party, as defined in Article (X.01) (Initial Provisions and General Definitions
- Definitions of General Application), and a branch of any such entity; or

any enterprise of a non-Party owned or controlled by nationals of a Party, if their vessels are
registered in accordance with the legislation of that Party and flying the flag of that Party; or

with the exclusion of Chapter Y (investment), a branch of an enterprise of a non-Party with
substantive business operations in the territory of a Party, that is engaged in the supply of
international maritime transport services.

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, organization and supervision of:

(i) the loading/discharging of cargo to/from a vessel;
(ii) the lashing/unlashing of cargo; and
(iii) the reception/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 organized independently of stevedoring or terminal operator
companies.

customs clearance services or customs house brokers' services means carrying out, on a fee or
contract basis, customs formalities concerning import, export or through transport of cargo,
irrespective of whether this service is the main or secondary activity of the service provider;
container station and depot services means storing containers, whether in port areas or inland,
stuffing/stripping/repairing containers and making them available for shipment;

maritime agency services means representing, as an agent, within a given geographic area, the
business interests of one or more shipping lines or shipping companies, for the following
purposes:
(i) marketing and sales of maritime transport and related services, from quotation to
invoicing, issuance of bills of lading on behalf of the companies, acquisition and resale of the
IMTS

281
necessary related services, preparation of documentation, and provision of business information;
and
(ii) acting on behalf of the companies in organizing the call of the vessel or taking control of
cargo when required.
maritime freight forwarding services means organizing and monitoring shipments on behalf of
shippers, through providing such services as the arrangement of transport and related services,
consolidation and packing of cargo, preparation of documentation and provision of business
information.

feeder services means the pre- and onward transportation of international cargo by sea, including
containerized, break bulk and dry/liquid bulk cargo, between ports located in 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.

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.


282
Telecommunications
283
17. TELECOMMUNICATIONS

Telecommunications

Article X.1: Scope of Application

1. This Chapter applies to measures adopted or maintained by a Party relating to
telecommunications networks or services, subject to a Partys right to restrict the supply of a
service in accordance with its Reservations in Annexes I and II.

2. This Chapter does not apply to any 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, but for greater certainty it would apply to a
contribution link.

Nothing in this Chapter shall be construed to:

require a Party to authorize 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

require a Party (or require a Party to compel any service supplier) to establish, construct, acquire,
lease, operate or supply telecommunications networks or services not offered to the public
generally.

Article X.2: 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 technical standards and specifications) and of a quality no less
favourable than that accorded to any other enterprise.
44
This obligation shall be applied, inter
alia, through 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
such enterprises are permitted to:

44
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.
Telecommunications
284
purchase or lease and attach terminal or other equipment which interfaces with the public
telecommunications transport network;

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;

use operating protocols of their choice; and

(d) perform switching, signaling, 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 such 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 X (Exceptions - General Exceptions), and notwithstanding the
paragraph 3, a Party shall take appropriate measures to protect:

the security and confidentiality of telecommunications services, or

the privacy of users of public telecommunications transport services,

subject to the requirement that such measures are not applied in a manner which 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:

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;
protect the technical integrity of public telecommunications transport networks or services; or

ensure that enterprises of another Party do not supply services limited by the Partys
Reservations in Annexes I and II.

6. Provided that they satisfy the criteria set out in paragraph 5, conditions for access to and
use of public telecommunications transport networks or services may include:

restrictions on resale or shared use of such services;

a requirement to use specified technical interfaces, including interface protocols, for connection
with such networks or services;

Telecommunications
285
requirements, where necessary, for the inter-operability of such services;

type approval of terminal or other equipment which interfaces with the network and technical
requirements relating to the attachment of such equipment to such networks;

restrictions on connection of private leased or owned circuits with such networks or services or
with circuits leased or owned by another enterprise; and

notification, registration and licensing.

Article X.3: Authorisation to Provide Telecommunications Services

Each Party should ensure that the authorisation of the provision of telecommunications services,
wherever possible, is based upon a simple notification procedure.

Article X.4: Competitive Safeguards on Major Suppliers

1. Each Party shall maintain appropriate measures for the purpose of preventing 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 shall include:

engaging in anti-competitive cross-subsidization;

using information obtained from competitors with anti-competitive results; and

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
provide services.

Article X.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, inter alia, 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 and regulations, those essential
facilities required to be made available in its territory.

Article X.6: Interconnection

Telecommunications
286
1. Each Party shall ensure that any major supplier in its territory provides interconnection:

at any technically feasible point in the network;

under non-discriminatory terms, conditions (including technical standards and specifications)
and rates;

of a quality no less favourable than that provided for the own like services of such major supplier
or for like services of non-affiliated service suppliers or of its subsidiaries or other affiliates;

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

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. Any supplier authorised to provide telecommunications services shall have 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 major suppliers shall make publicly available either their
interconnection agreements or their reference interconnection offers where it is appropriate.

Article X.7: 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 imposed by it 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. When a supplier is to be designated as
the supplier of a universal service, the selection shall be made through an efficient, transparent and non-
discriminatory mechanism.
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Article X.8: Scarce Resources

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. A Partys measures allocating and assigning spectrum and managing frequencies shall
not be considered inconsistent with [Article X (Cross-Border Trade in Services Market
Access), as it applies to either Chapter X (Investment) or Chapter X (Cross-Border Trade in
Services)]. 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. The current state of allocated frequency bands shall be made publicly available, but
detailed identification of frequencies allocated for specific government uses is not required.

Article X.9: Regulatory Authority

1. Each Party shall ensure that its regulatory authority is legally distinct and functionally
independent from any supplier of telecommunications networks, services or equipment,
including where a Party retains ownership or control of a supplier of telecommunications
network or service.

2. Each Party shall ensure that its regulatory authorities 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 authorities are sufficiently empowered to
regulate the sector, including having the power to:

(a) require suppliers of telecommunications networks or services submit any information the
regulator considers necessary for the administration of its responsibilities; and

(b) enforce their decisions relating to the obligations set out in articles X.2 and X.4 through
appropriate sanctions. Such sanctions may include financial penalties, corrective orders or the
suspension or revocation of licences.

Article X.10: Resolution of Telecommunication Disputes

Recourse to Regulatory Authorities

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1. Further to Article X (Transparency - Administrative Proceedings) and Article X
(Transparency Review and Appeal), each Party shall ensure the following:

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 [X.2, X.4, X.5 and X. 6 access to and use, competitive safeguards, access to essential
facilities, and interconnection] and that, under the domestic law of the Party, are within the
regulatory authoritys jurisdiction. This shall include, as appropriate, the issuance of a binding
decision by the regulatory authority to resolve the dispute within a reasonable period of time.

suppliers of telecommunications networks or services requesting access to essential facilities or
interconnection with a major supplier in the Partys territory, have recourse to a regulatory
authority to resolve disputes regarding the appropriate terms, conditions and rates for
interconnection or access with such a major supplier within a reasonable and publicly specified
period of time.

Appeal and Review

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 domestic law of the Party. Written reasons for the determination or decision of
the judicial, quasi-judicial or administrative authority shall be given. Each Party shall ensure that
such determinations or decisions, subject to appeal or further review, are implemented by the
regulatory authority.

3. An application for judicial review shall not constitute grounds for non-compliance with
the determination or decision of the regulatory authority unless the relevant judicial authority
stays such determination or decision.

Article X.11: Transparency

1. Further to Articles X (Transparency - Publication) and X (Transparency - Notification
and 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:

(i) 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;

(ii) its measures relating to public telecommunications transport network or services, including:

(A) regulations of its regulatory authority, together with the basis for such regulations;

(B) measures relating to tariffs and other terms and conditions of service;
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(C) measures relating to specifications of technical interfaces;

(D) measures relating to conditions for attaching terminal or other equipment to the public
telecommunications transport network;

(E) measures relating to notification, permit, registration, or licensing requirements, if any; and

(ii) information on bodies responsible for preparing, amending and adopting standards-
related measures.

Article X.12: Forbearance

The Parties recognize 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
domestic 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 X.13: Relation to Other Chapters

In the event of any inconsistency between this Chapter and another Chapter in this Agreement,
this Chapter shall prevail to the extent of the inconsistency.]CAN

ARTICLE X.14: Number Portability

Each Party shall ensure that suppliers of public telecommunications transport services in its territory
provide number portability on reasonable terms and conditions.



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 3 (Investment Definitions);

essential facilities means facilities of a public telecommunications transport network or service
that:

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are exclusively or predominantly provided by a single or a limited number of suppliers; and

cannot feasibly be economically or technically substituted in order to provide 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 users of
another supplier and to access services provided by another supplier;

intra-corporate communications means telecommunications through which a company
communicates within the company or with or among its subsidiaries, branches and, subject to a
Partys domestic laws and regulations, affiliates. For these purposes, subsidiaries, branches
and, where applicable, affiliates are as defined by each Party. Intra-corporate
communications excludes commercial or non-commercial services that are supplied to
companies that are not related subsidiaries, branches or affiliates or that are offered to customers
or potential customers;

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
customers choosing;

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 :

control over essential facilities; or

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 communications network.

public telecommunications transport network means the public telecommunications
infrastructure which permits telecommunications between and among defined network
termination points;

public telecommunications transport service means any telecommunications transport service
required, explicitly or in effect, by a Party to be offered to the public generally involving 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. Such services may
include, inter alia, 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.

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regulatory authority means the body responsible for the regulation of telecommunications;

service supplier means a person of a Party that seeks to supply or supplies a service, including a
supplier of telecommunications networks or services;

telecommunications services means all services consisting of the transmission and reception of
signals by any electro-magnetic means and do not cover the economic activity consisting of the
provision of content by means of telecommunications;

user is an enterprise or natural person using or requesting a publicly available
telecommunications service.

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.
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18. ELECTRONIC COMMERCE

CHAPTER X

ELECTRONIC COMMERCE

Article X-01: Objective, Scope and Coverage

The Parties recognise that electronic commerce increases economic growth and trade
opportunities in many sectors and confirm the applicability of WTO rules to electronic
commerce. They agree to promote the development of electronic commerce between them, in
particular by co-operating on the issues raised by electronic commerce under the provisions of
this [Chapter/Sub-section].

The Parties confirm that this Agreement applies to electronic commerce. In the event of an
inconsistency between this [Chapter/Sub-section] and another [Chapter/Sub-section] of this
Agreement, the other [Chapter/Sub-section] shall prevail to the extent of the inconsistency.

Nothing in this [Chapter/Sub-section] imposes obligations on a Party to allow a delivery
transmitted by electronic means except in accordance with the obligations of that Party under the
other [Chapter/Sub-section] of this Agreement.

The General Exceptions set out in Art.X.02 in Chapter X (Exceptions) shall apply to this
Chapter.

Article X-02: Customs Duties on Electronic Deliveries

The Parties agree that a delivery transmitted by electronic means shall not be subject to customs
duties, fees or charges.

For greater clarity, paragraph 1 does not prevent a Party from imposing internal taxes or other
internal charges on a delivery transmitted by electronic means, provided that such taxes or
charges are imposed in a manner consistent with the other [Chapter/Sub-section] of this
Agreement.

Article X-03: 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 for data protection of relevant
international organisations of which both Parties are a member.

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Article X-04: General Provisions

Considering the potential of electronic commerce as a social and economic development tool, the
Parties recognize 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;

(c) facilitating the use of electronic commerce by small and medium sized enterprises.

Article X-05: Dialogue on E-Commerce

1. Recognising the global nature of electronic commerce, the Parties agree to maintain a
dialogue on issues raised by electronic commerce, which will inter alia address:

(a) the recognition of certificates of electronic signatures issued to the public and the
facilitation of cross-border certification services,

(b) the liability of intermediary service providers with respect to the transmission, or storage
of information,

(c) the treatment of unsolicited electronic commercial communications,

(d) the protection of 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. Recognizing the global nature of electronic commerce, the Parties affirm the importance
of actively participating in multilateral fora to promote the development of electronic commerce.



delivery means a computer program, text, video, image, sound recording or other delivery that is
digitally encoded; and

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electronic commerce means commerce conducted through telecommunications, alone or in
conjunction with other information and communication technologies.


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19. COMPETITION POLICY

COMPETITION POLICY
Article X-01: Competition Policy

The Parties recognize 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 liberalization.
Each Party shall take appropriate measures to proscribe anti-competitive business conduct,
recognizing that such measures will enhance the fulfilment of the objectives of this Agreement.
The Parties shall cooperate on matters relating to proscribing 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, entered into
force on 17 June 1999, or any successor Agreement.
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. Each Party shall make available to the other Party public information
concerning such exclusions provided under its competition laws.
In this Article, 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.

Article X-02: Application of Competition Policy to Enterprises

Each Party shall ensure that the measures referred to in Article X-01.2 apply to the Parties to the
extent required by their respective laws.
For greater certainty
(a) in Canada, the Competition Act is binding on and applies to an agent of Her Majesty in right
of Canada or 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 Unions 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 X-03: Dispute Settlement

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1. Nothing in this Chapter shall be subject to any form of dispute settlement under the
Agreement.

Article X-04: Definition


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 an SGEI 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.


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20. STATE ENTERPRISES, MONOPOLIES AND ENTERPRISES GRANTED
SPECIAL RIGHTS (MSE)

Chapter on State Enterprises, Monopolies and Enterprises granted Special Rights or
Privileges

Article 1
1. For the purposes of this Chapter, the following definitions shall apply:
"State Enterprise" means an enterprise owned or controlled by a Party
Monopoly means an entity of a commercial character, including a consortium or government
agency, that in a relevant market in the territory of a Party is designated as the sole supplier or
purchaser of a good or service, but does not include an entity that has been granted an exclusive
intellectual property right solely by reason of such grant.
"Covered entity" means:
i) a monopoly; or
ii) a supplier of a good or service if it is one of a small number of services or goods suppliers
authorised or established, formally or in effect, by a Party and the Party substantially prevents
competition among those suppliers in its territory; or
iii) any entity that has been formally or in effect granted by a Party any special rights or
privileges, substantially affecting the ability of any other enterprise to provide the same good or
service in the same geographical area under substantially equivalent conditions, and allowing it
to escape, in whole or in part, competitive pressures or market constraints;
45
or
iv) a state enterprise.
Designate means to establish or authorize a monopoly, or to expand the scope of a monopoly
to cover an additional good or service.
Non-discriminatory treatment means the better of national treatment and most-favoured-
nation treatment as set out in this Agreement.
"In accordance with commercial considerations" means consistent with customary business
practices of a privately held enterprise in the relevant business or industry.
Article 2
1. The Parties confirm their rights and obligations under Article XVII, paragraphs 1 through 3, of
45
For greater certainty, the granting of a license 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.
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GATT 1994, the Understanding on the Interpretation of Article XVII of GATT 1994, as well as
under Article VIII of GATS, paragraphs 1 and 2, which are hereby incorporated into and made
part of this Agreement and shall apply.
2. This Chapter does not apply to procurement by a Party for goods and services purchased for
governmental purposes and not with a view to commercial resale or with a view to use in the
supply of goods and services for commercial sale, whether or not that procurement is "covered
procurement" within the meaning of Article II of (Chapter XX - Government Procurement).
3. Articles 4 and 5 of this Chapter do not apply to sectors set out in Article XX of CBTS and
Article YY of the Investment chapter
4. Articles 4 and 5 of this Chapter do not apply to measures of a covered entity where a National
Treatment or MFN reservation of a Party, as set out in that Party's schedule in Annex X, would
be applicable if the same measures had been adopted or maintained by that Party.
Article 3
1. Without prejudice to the Parties' rights and obligations under this Agreement, nothing in this
Chapter prevents Parties from designating or maintaining state enterprises or monopolies or from
granting enterprises special rights or privileges.
2. A Party shall not require or encourage covered entities to act in a manner inconsistent with this
Agreement.
Article 4
Each Party shall ensure in its territory that a covered entity accords non-discriminatory treatment
to a covered investment, to a good of the other Party and or to a service supplier of the other
Party in its purchase or sale of a good or a service.

Article 5
1. Except to fulfill the purpose
46
for which a monopoly has been created or for which special
rights or privileges have been granted, or in the case of a state enterprise to fulfill its public
mandate, and provided that the entity's conduct is consistent with the provisions in Article 4 of
this Chapter and the (Chapter XX Competition), each Party shall ensure that a covered entity
acts in accordance with commercial considerations in the relevant territory in its purchases and
sales of goods, including with regard to price, quality, availability, marketability, transportation
and other terms and conditions of purchase or sale, as well as in its purchases or supply of
services, including when these goods or services are supplied to or by an investment of an
investor of the other Party.
2. A covered entity set out in Article 1(c)(ii) through (iv) acting in accordance with Article 5.1
46
Such as public service obligations or regional development
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shall be deemed to be in compliance with the obligations set out in Article 4.

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21. GOVERNMENT PROCUREMENT

Chapter X
Government Procurement

Table of Contents

Article I Definitions
Article II Scope and Coverage
Article III Security and General Exceptions
Article IV General Principles
Article V Information on the Procurement System
Article VI Notices
Article VII Conditions for Participation
Article VIII Qualification of Suppliers
Article IX Technical Specifications and Tender Documentation
Article X Time-Periods
Article XI Negotiation
Article XII Limited Tendering
Article XIII Electronic Auctions
Article XIV Treatment of Tenders and Awarding of Contracts
Article XV Transparency of Procurement Information
Article XVI Disclosure of Information
Article XVII Domestic Review Procedures
Article XVIII Modifications and Rectifications to Coverage
Article XIX Institutions

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Article I Definitions


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

(b) Committee means the Committee on Government Procurement established by
Article XIX:1;

(c) construction service means a service that has as its objective the realization by
whatever means of civil or building works, based on Division 51 of the United Nations
Provisional Central Product Classification (CPC);

(d) days means calendar days;

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

(f) in writing or written means any worded or numbered expression that can be read,
reproduced and later communicated. It may include electronically transmitted and stored
information;

(g) limited tendering means a procurement method whereby the procuring entity
contacts a supplier or suppliers of its choice;

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

(i) 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;

(j) 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;

(k) 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;

(l) open tendering means a procurement method whereby all interested suppliers
may submit a tender;

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(m) person means a natural person or a juridical person;

(n) procuring entity means an entity covered under Annex X-01, X-02 or X-03;

(o) qualified supplier means a supplier that a procuring entity recognizes as having
satisfied the conditions for participation;

(p) selective tendering means a procurement method whereby only qualified
suppliers are invited by the procuring entity to submit a tender;

(q) services includes construction services, unless otherwise specified;

(r) standard means a document approved by a recognized 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;

(s) supplier means a person or group of persons that provides or could provide goods
or services; and

(t) technical specification means a tendering requirement that:

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

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

Article II Scope and Coverage

[Note: This article may require adjustment based on a final structure and naming convention for
market access annexes/appendices.]

Application of Chapter

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

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

(a) of goods, services, or any combination thereof:

(i) as specified in each Party's annexes to this Chapter; and
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(ii) not procured with a view to commercial sale or resale, or for use in the production or
supply of goods or services for commercial sale or resale;

(b) by any contractual means, including: purchase; lease; and rental or hire purchase, with
or without an option to buy;

(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 this Chapter, at the time of
publication of a notice in accordance with Article VI;

(d) by a procuring entity; and

(e) that is not otherwise excluded from coverage in paragraph 3 or a Party's annexes to this
Chapter.

3. Except where provided otherwise in a Party's annexes to 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 organization, or
funded by international grants, loans or other assistance where the applicable procedure or
condition would be inconsistent with this Chapter.

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4. The procurement subject to the rules of this chapter shall be all procurement covered by
Appendices X and Y, in which each Party's commitments shall be set out as follows:

(a) in Annex X-01, the central government entities whose procurement is covered by
this Chapter;

(b) in Annex X-02, the sub-central government entities whose procurement is covered
by this Chapter;

(c) in Annex X-03, all other entities whose procurement is covered by this Chapter;

(d) in Annex X-04, the goods covered by this Chapter;

(e) in Annex X-05, the services, other than construction services, covered by this
Chapter;

(f) in Annex X-06, the construction services covered by this Chapter;

(g) in Annex X-07, any General Notes; and

(h) in Annex X-08, the means of publication used for this Chapter.

5. Where a procuring entity, in the context of covered procurement, requires persons not
covered under a Party's annexes to this Chapter to procure in accordance with particular
requirements, Article IV shall apply mutatis mutandis to such requirements.

Valuation

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

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

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

(i) premiums, fees, commissions and interest; and

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

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

(a) the value of recurring contracts of the same type of good or service awarded during the
preceding 12 months or the procuring entity's preceding fiscal year, adjusted, where 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 goods or services, or
procurement for which a total price is not specified, the basis for valuation shall be:

(a) in the case of a fixed-term contract:

(i) where the term of the contract is 12 months or less, the total estimated maximum value
for its duration; or

(ii) where the term of the contract exceeds 12 months, the total estimated maximum
value, including any estimated residual value;

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

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

Article III Security and General Exceptions

1. Nothing in this Chapter shall be construed to prevent a Party from taking any action or
not disclosing any information that it considers necessary for the protection of its essential
security interests relating to the procurement of arms, ammunition
47
or war material, or to
procurement indispensable for national security or for national defence purposes.

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

imposing or enforcing measures:

(a) necessary to protect public morals, order or safety;

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The expression "ammunition in this Article is considered equivalent to the expression "munitions".
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(b) necessary to protect human, animal or plant life or health;

(c) necessary to protect intellectual property; or

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

Article IV General Principles

Non-Discrimination

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 goods,
services and suppliers. For greater certainty, such treatment includes:

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

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.

Use of Electronic Means

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

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

Conduct of Procurement

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

prevents corrupt practices.

Rules of Origin

5. For 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.

Offsets

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

Measures Not Specific to Procurement

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 V 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.

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2. Each Party shall list, in Annex X-08:

[[Note: This article may require adjustment based on a final structure and naming convention for
market access annexes/appendices.]

(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 VI, VIII:7 and XV:2; and

(c) the website address or addresses where the Party publishes:

(i) its procurement statistics pursuant to Article XV:5; or

(ii) its notices concerning awarded contracts pursuant to Article XV:6.

3. Each Party shall promptly notify the Committee of any modification to the Party's
information listed in Annex X-08.

Article VI Notices

Notice of Intended Procurement

1. For each covered procurement, a procuring entity shall publish a notice of intended
procurement, except in the circumstances described in Article XII.

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.] In addition, the notices may also
be published in an appropriate paper medium. Such medium shall be widely disseminated and
such 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 shall be listed by each Party in Annex X-08.

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 Annex 2 and Annex 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 X-
08.

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

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

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

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

(d) a description of any options;

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

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

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

(h) the address and the final date for the submission of tenders;

(i) the language or languages in which tenders or requests for participation may be
submitted, if they may be submitted in a language other than an official language 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) where, pursuant to Article VIII, 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, where applicable, any limitation on the number of suppliers that will be permitted to tender;
and

(l) an indication that the procurement is covered by this Chapter.

Summary Notice

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

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

Notice of Planned Procurement

5. Procuring entities are encouraged to publish in the appropriate [electronic, and, where
available, paper] medium listed in Annex X-08 as early as possible in each fiscal year a notice
regarding their future procurement plans (hereinafter referred to as "notice of planned
procurement"). [The notice of planned procurement shall also be published in the single point of
access site listed in Annex X-08, 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 Annex X-02 or 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 VII 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 where 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
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(b) shall base its evaluation on the conditions that the procuring entity has specified in
advance in notices or tender documentation.

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

(a) bankruptcy;

(b) false declarations;

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

(d) final judgments in respect of serious crimes or other serious offences;

(e) professional misconduct or acts or omissions that adversely reflect on the commercial
integrity of the supplier; or

(f) failure to pay taxes.

Article VIII Qualification of Suppliers

Registration Systems and Qualification Procedures

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

2. Each Party shall ensure that:

(a) its procuring entities make efforts to minimize differences in their qualification
procedures; and

(b) where its procuring entities maintain registration systems, the entities make efforts to
minimize differences in their registration systems.

3. A Party, including its procuring entities, shall not adopt or apply any registration system
or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the
participation of suppliers of the other Party in its procurement.

Selective Tendering

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

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

(b) provide, by the commencement of the time-period for tendering, at least the information
in Article VI:2 (c), (d), (e), (h) and (i) to the qualified suppliers that it notifies as specified in
Article X: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. Where the tender documentation is not made publicly available from the date of
publication of the notice referred to in paragraph 4, a procuring entity shall ensure that those
documents are made available at the same time to all the qualified suppliers selected in
accordance with paragraph 5.

Multi-Use Lists

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

(a) published annually; and

(b) where published by electronic means, made available continuously,

in the appropriate medium listed in Annex X-08.

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

(e) an indication that the list may be used for procurement covered by this Chapter.

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9. Notwithstanding paragraph 7, where 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. Where a supplier that is not included on a multi-use list submits a request for
participation in a procurement based on a multi-use list and all required documents, within the
time-period provided for in Article X: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.

Annex X-02 and Annex X-03 Entities

12. A procuring entity covered under Annex X-02 or X-03may 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 VI:2 as is
available and a statement that it constitutes a notice of intended procurement or that only the
suppliers on the multi-use list will receive further notices of procurement covered by the multi-
use list; and

(b) the 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 VI:2, to the extent such
information is available.

13. A procuring entity covered under Annex X-02 or X-03may allow a supplier that has
applied for inclusion on a multi-use list in accordance with paragraph 10 to tender in a given
procurement, where there is sufficient time for the procuring entity to examine whether the
supplier satisfies the conditions for participation.

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Information on Procuring Entity Decisions

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

15. Where a procuring entity rejects a supplier's request for participation in a procurement or
application for inclusion on a multi-use list, ceases to recognize 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 IX Technical Specifications and Tender Documentation

Technical Specifications

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

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

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

(b) base the technical specification on international standards, where such exist;
otherwise, on national technical regulations, recognized national standards or building codes.

3. Where design or descriptive characteristics are used in the technical specifications, a
procuring entity should indicate, where 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, in accordance with
this Article, prepare, adopt or apply technical specifications to promote the conservation of
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natural resources or protect the environment.

Tender Documentation

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

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

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

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

(e) where the procuring entity will hold an electronic auction, the rules, including
identification of the elements of the tender related to the

evaluation criteria, on which the auction
will be conducted;

(f) where there will be a public opening of tenders, the date, time and place for the
opening and, where appropriate, the persons authorized 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.
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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.

Modifications

11. Where, 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, where 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 X Time-Periods

General

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 where electronic means are not used.

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

Deadlines

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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. Where a state of urgency duly
substantiated by the procuring entity renders this time-period impracticable, the time-period may
be reduced to not less than 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 where:

(a) the procuring entity has published a notice of planned procurement as described in
Article VI:4 at least 40 days and not more than 12 months in advance of the publication of the
notice of intended procurement, and the notice of planned procurement contains:

(i) a description of the procurement;

(ii) the approximate

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

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

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

(v) as much of the information that is required for the notice of intended procurement under
Article VI:2, as is available;

(b) the procuring entity, for contracts of a recurring nature, indicates in an initial notice of
intended procurement that subsequent notices will provide time-periods for tendering based on
this paragraph; or

(c) a state of urgency duly substantiated by the procuring entity renders the time-period for
tendering established in accordance with paragraph 3 impracticable.

5. A procuring entity may reduce the time-period for tendering established in accordance
with paragraph 3 by five days for each one of the following circumstances:

(a) the notice of intended procurement is published by electronic means;

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(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, where 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, where 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. Where a procuring entity covered under Annex X-02 or X-03 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 XI Negotiation

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

(a) where the entity has indicated its intent to conduct negotiations in the notice of
intended procurement required under Article VI:2; or

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

tenders.

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Article XII 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 VI through VIII, IX (paragraphs 7 through 11), X, XI, XIII and XIV only under any of
the following circumstances:

(a) where:

(i) no tenders were submitted or no suppliers requested participation;

(ii) no tenders that conform to the essential requirements of the tender documentation were
submitted;

(iii) no suppliers satisfied the conditions for participation; or

(iv) the tenders submitted have been collusive,

provided that the requirements of the tender documentation are not substantially
modified;

(b) where the goods or services can be supplied only by a particular supplier and no
reasonable alternative or substitute goods or services exist for any of the following reasons:

(i) the requirement is for a work of art;

(ii) the protection of patents, copyrights or other exclusive rights; or

(iii) due to an absence of competition for technical reasons;

(c) for additional deliveries by the original supplier of goods or services that were not
included in the initial procurement where a change of supplier for such additional goods or
services:

(i) cannot be made for economic or technical reasons such as requirements of
interchangeability or interoperability with existing equipment, software, services or installations
procured under the initial procurement; and

(ii) would cause significant inconvenience or substantial duplication of costs
for the procuring entity;

(d) insofar as is strictly necessary where, for reasons of extreme urgency brought
about by events unforeseeable by the procuring entity, the goods or services could not be
obtained in time using open tendering or selective tendering;

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(e) for goods purchased on a commodity market;

(f) where a procuring entity procures a prototype or a first good or service that is
developed at its request in the course of, and for, a particular contract for research, experiment,
study or original development. Original development of a first good or service may include
limited production or supply in order to incorporate the results of field testing and to demonstrate
that the good or service is suitable for production or supply in quantity 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) where a contract is awarded to a winner of a design contest provided that:

(i) the contest has been organized 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

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 XIII Electronic Auctions

Where 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 where the contract
is to be awarded on the basis of the most advantageous tender; and

(c) any other relevant information relating to the conduct of the auction.

Article XIV Treatment of Tenders and Awarding of Contracts

Treatment of Tenders
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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 penalize 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. Where a procuring entity provides a supplier with an opportunity to correct unintentional
errors of form between the opening of tenders and the awarding of the contract, the procuring
entity shall provide the same opportunity to all participating suppliers.

Awarding of Contracts

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) where price is the sole criterion, the lowest price.

6. Where a procuring entity receives a tender with a price that is abnormally lower than the
prices in other tenders submitted, it may verify with the supplier that it satisfies the conditions
for participation and is capable of fulfilling the terms of the contract.
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 XV Transparency of Procurement Information

Information Provided to Suppliers

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 paragraphs 2
and 3 of Article XVI, 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.

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Publication of Award Information

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 X-08. Where 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 XII, a description of the circumstances justifying the use of
limited tendering.

Maintenance of Documentation, Reports and Electronic Traceability

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 XII; and

(b) data that ensure the appropriate traceability of the conduct of covered
procurement by electronic means.

Collection and Reporting of Statistics

4. Each Party shall collect and report to the Committee 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 X-01 procuring entities:

(i) the number and total value, for all such entities, of all contracts covered by this Chapter;

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(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
recognized 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 Annex X-02 and X-03 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, where it is not feasible to provide the data.

5. Where 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,
provide a link to the website, together with any instructions necessary to access and use such
statistics.

6. Where a Party requires notices concerning awarded contracts, pursuant to paragraph 2, to
be published electronically and where 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, provide a link to the website, together with any instructions
necessary to access and use such data.

Article XVI Disclosure of Information

Provision of Information to Parties

1. On request of the other Party, a Party shall provide promptly any information necessary
to determine whether a 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 agreement of, the Party that provided the information.

Non-Disclosure of Information

2. Notwithstanding any other provision of this Chapter, a Party, including its procuring
entities, shall not provide to any particular supplier information that might prejudice fair
competition between suppliers.

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3. Nothing in this Chapter shall be construed to require a Party, including its procuring
entities, authorities and review bodies, to disclose confidential information where disclosure:

(a) would impede law enforcement;

(b) might prejudice fair competition between suppliers;

(c) would prejudice the legitimate commercial interests of particular persons, including the
protection of intellectual property; or

(d) would otherwise be contrary to the public interest.

Article XVII 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) where 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. Where 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.
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6. Each Party shall ensure that a review body that is not a court shall have its decision
subject to judicial review or have procedures that provide that:

(a) the procuring entity shall respond in writing to the challenge and disclose all relevant
documents to the review body;

(b) the participants to the proceedings (hereinafter referred to as "participants") shall have the
right to be heard prior to a decision of the review body being made on the challenge;

(c) the participants shall have the right to be represented and accompanied;

(d) the participants shall have access to all proceedings;

(e) the participants shall have the right to request that the proceedings take place in public
and that witnesses may be presented; and

(f) the review body shall make its decisions or recommendations in a timely fashion,
in writing, and shall include an explanation of the basis for each decision or recommendation.

7. Each Party shall adopt or maintain procedures that provide for:

(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) where a review body has determined that there has been a breach or a failure as referred
to in paragraph 1, 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.

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 XVIII Modifications and Rectifications to Coverage

A Party may modify or rectify its Annexes to this Chapter.

Modifications

2. When a Party modifies an Annex to this Chapter, the Party shall:

(a) notify the other Party in writing; and
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(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 X (Dispute Settlement).

Rectifications

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 the 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 GPA,
following the entry into force of the Agreement.
7. A Party may notify the other Party of an objection to a proposed rectification within 45
days from having received the notification. Where 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
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days after having received the notification, the Party shall be deemed to have agreed to the
proposed rectification.

Article XIX Institutions

Committee on Government Procurement
1. There shall be a Committee on Government Procurement composed of representatives
from each Party. The Committee shall meet as necessary for the purpose of affording 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 such other responsibilities as may be assigned to it by the
Parties.

2. The Committee 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. Such activities may include information
sessions in particular with a view to improving electronic access to publicly-available
information on each Partys 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
established in Article XV, annually to the Committee.
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Note: See Government Procurement Market Access Offers attached separately.

333

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22. INTELLECTUAL PROPERTY

Intellectual Property Rights

CETA IPR CHAPTER

Article 1.1
Objectives
The objectives of this chapter are to:
(a) facilitate the production and commercialization 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 1.2
Definitions
For the purposes of this Chapter, pharmaceutical product means a product including a chemical drug,
biologic drug, vaccine or radiopharmaceutical, which 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.
Section 1
Principles
Article 2
Nature and Scope of Obligations
The provisions of this chapter complement the rights and obligations between the Parties under the WTO
Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter called TRIPS
Agreement).
Each Party shall be free to determine the appropriate method of implementing the provisions of this
Agreement within its own legal system and practice.
Nothing in this Agreement creates any obligation with respect to the distribution of resources as between
enforcement of intellectual property rights and enforcement of law in general.
Article 3
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Public Health Concerns
1. The Parties recognise the importance of the Doha Declaration on the TRIPS Agreement and Public
Health adopted on 14 November 2001 by the Ministerial Conference of the World Trade Organisation.
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 and respect the Decision of the WTO General
Council of 30 August 2003 on Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public
Health, as well as the Protocol amending the TRIPS Agreement, done at Geneva on 6 December 2005.
Article 4
Exhaustion
Nothing in this Chapter shall affect the freedom of the Parties to determine whether and under what
conditions the exhaustion of intellectual property rights applies.
Article 4A
Disclosure of Information
Nothing in this Chapter shall require a Party to disclose information that would otherwise be contrary to
its law or exempt from disclosure under its law, including its laws and regulations concerning access to
information and privacy.
Section 2
Standards Concerning Intellectual Property Rights
Article 5
Copyright and Related Rights
Article 5.1 Protection Granted
1. The Parties shall comply with the Berne Convention for the Protection of Literary and Artistic
Works (1886, last amended in 1979), the WIPO Copyright Treaty WCT (Geneva, 1996), and the
WIPO Performances and Phonograms Treaty WPPT (Geneva, 1996). The Parties shall comply with
Articles 1 through 22 of the Rome Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations (1961).
2. The moral rights of the authors and performers shall be protected in accordance with Article 6bis
of the Berne Convention for the Protection of Literary and Artistic Works and Article 5 of the WIPO
Performances and Phonograms Treaty (WPPT).
3. To the extent permitted by the treaties referred to in paragraph 1, nothing in this Chapter shall be
construed as restricting each Partys ability to limit intellectual property protection to performances that
are fixed in phonograms.
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Article 5.2 Broadcasting and Communication to the Public
1. The Parties shall provide performers the exclusive right to authorize 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. The Parties 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 to ensure that this remuneration is shared
between the relevant performers and phonogram producers. The Parties may, in the absence of
agreement between the performers and phonogram producers, lay down the conditions as to the sharing
of this remuneration between them.
Article 5.3 - Protection of Technological Measures
5.3(1) Each Party shall provide adequate legal protection and effective legal remedies against the
circumvention of effective technological measures
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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 authorized by the authors, the performers or the
producers of phonograms concerned or permitted by law.
5.3(2) In order to provide the adequate legal protection and effective legal remedies referred to in
paragraph 5.3(1), each Party shall provide protection at least against:
(a) to the extent provided by its law:
(i) the unauthorized 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
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For the purposes of this Article, technological measures means any technology, device, or component that, in the
normal course of its operation, is designed to prevent or restrict acts, in respect of works, performances, or
phonograms, which are not authorized by authors, performers or producers of phonograms, as provided for
by a Partys law. Without prejudice to the scope of copyright or related rights contained in a Partys law,
technological measures shall be deemed effective where the use of protected works, performances, or
phonograms is controlled by authors, performers or producers of phonograms through the application of a
relevant access control or protection process, such as encryption or scrambling, or a copy control
mechanism, which achieves the objective of protection.
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technological measure.
5.3(2.1) Under paragraph 5.3(2) to the extent provided by its law means that Parties have flexibility in
implementing paragraphs 5.3(2)(a)(i) and (ii).
5.3(3) In implementing paragraphs 5.3(1) and (2), no Party shall be obligated 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 its measures implementing these paragraphs. The intention of
this provision is that this Agreement does not require a Party to mandate interoperability in its law, i.e.,
there is no obligation for the ICT (Information Communication Technology) industry to design devices,
products, components, or services to correspond to certain technological protection measures.
5.3(4) In providing adequate legal protection and effective legal remedies pursuant to the provisions of
paragraph 5.3(1), a Party may adopt or maintain appropriate limitations or exceptions to measures
implementing the provisions of paragraphs 5.3(1) and (2). The obligations set forth in paragraphs 5.3(1)
and (2) are without prejudice to the rights, limitations, exceptions, or defences to copyright or related
rights infringement under a Partys law.
Article 5.4 - Protection of Rights Management Information
5.4(1) To protect electronic rights management information,
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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;
(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.
5.4(2) In providing adequate legal protection and effective legal remedies pursuant to the provisions of
paragraph 5.4(1), a Party may adopt or maintain appropriate limitations or exceptions to measures
implementing the provisions of paragraph 5.4(1). The obligations set forth in paragraph 5.4(1) are
without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights
infringement under a Partys law.
Article 5.5 - Liability of Intermediary Service Providers
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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.
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Subject to the other paragraphs of this Article, each Party shall provide limitations or exceptions in its
domestic legislation 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.
The limitations or exceptions referred to in the previous paragraph:
shall cover at least the following functions:
hosting of the information at the request of a user of the hosting services;
caching carried out through an automated process, when the service provider:
does not modify the information other than for technical reasons;
ensures that any directions related to the caching of the information that are specified in a manner widely
recognized and used by industry are complied with; and
does not interfere with the use of technology that is lawful and widely recognized and used by the
industry in order to obtain data on the use of the information;
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;
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.
Eligibility for the limitations or exceptions in this Article may not be conditioned on the service provider
monitoring its service, or affirmatively seeking facts indicating infringing activity.
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.
This Article is without prejudice to the availability in a Party' law 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 Parties' legal systems, of requiring the service
provider to terminate or prevent an infringement.
Article 5.6 Camcording
Each Party may provide for criminal procedures and penalties to be applied in accordance with its laws
and regulations against any person who, without authorisation of the theatre manager or the holder of
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.
Article 6
Trademarks
Article 6.1 International Agreements
The Parties shall make all reasonable efforts to comply with the Singapore Treaty on the Law of
Trademarks (2006) and to accede to the Protocol related to the Madrid Agreement concerning the
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International Registration of Marks.
Article 6.2 Registration Procedure
The Parties shall provide for a system for the registration of trademarks in which reasons for the refusal
to register a trademark shall be communicated in writing to the applicant who will have the opportunity
to contest such refusal and to appeal a final refusal to a judicial authority. The Parties shall provide for
the possibility to file oppositions either against trademark applications or against trademark registrations.
The Parties shall provide a publicly available electronic database of trademark applications and
trademark registrations.
Article 6.3 Exceptions to the Rights Conferred by a Trademark
The Parties 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 is fair use,
account shall be taken of the legitimate interests of the owner of the trademark and of third parties. The
Parties may provide other limited exceptions, provided such exceptions take account of the legitimate
interests of the owner of the trademark and of third parties.
Article 7
Geographical Indications
Article 7.1 Definitions
For the purposes of this Article 7
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;

(b) "product class means a product class listed in Annex III;

(c) Harmonized System means the International Convention on the harmonized commodity,
description and coding system done at Brussels on June 14, 1983;

Article 7.2 Scope
This Article 7 applies to geographical indications identifying products falling within one of the product
classes listed in Annex III.

Article 7.3 Listed geographical indications
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For the purposes of this Article 7,
the indications listed in Part A of Annex I 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

the indications listed in Part B of Annex I are geographical indications which identify a product as
originating in the territory of Canada or a region or locality in that territory.

Article 7.4 Protection for geographical indications listed in Annex I
Having examined the geographical indications of the other Party, each Party undertakes to protect them
according to the level of protection laid down in this article 7.

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 I for any product that falls
within the product class specified in Annex I for that geographical indication and that either:
does not originate in the place of origin specified in Annex I for that geographical indication; or
does originate in the place of origin specified in Annex I 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 was for consumption in the other Party.

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,

any other use which constitutes an act of unfair competition within the meaning of Article 10bis of the
Paris Convention (1967).

The protection referred to in paragraph 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.

Each Party shall provide for enforcement by administrative action, to the extent provided for by its
domestic 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.

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Consistent 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.

The registration of a trademark which contains or consists of a geographical indication of the other Party
listed in Annex I 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 I for that geographical indication and that does not originate in the place of origin specified in
Annex I for that geographical indication.

There shall be no obligation under this Article 7 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 I 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 7.5 Homonymous Geographical Indications
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.

Where 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, where that indication is homonymous
with a geographical indication of the other Party listed in Annex I and where that product falls within the
product class specified in Annex I 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 7.6 Exceptions

1. Notwithstanding paragraphs 2 and 3 of Article 7.4, 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 I and
identified by one asterisk {note: Asiago, Feta, Fontina, Gorgonzola and Munster} 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 paragraphs 2 and 3 of Article 7.4, the protection of the geographical indications
listed in Part A of Annex I and identified by one asterisk {note: Asiago, Feta, Fontina,
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Gorgonzola and Munster} shall not prevent the use in the territory of Canada of any of these
indications by any persons, including their successors and assignees
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, 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 paragraphs 2 and 3 of Article 7.4, the protection of the geographical indication
listed in Part A of Annex I and identified by two asterisks {note: Nrnberger Bratwrste} 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 5 years preceding the date of 18 October 2013. A transitional period of 5 years from
the entry into force of this Article where the use of the indication above 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 5
years preceding the date of 18 October 2013.

4. Notwithstanding paragraphs 2 and 3 of Article 7.4, the protection of the geographical indications
listed in Part A of Annex I and identified by three asterisks {note: "Jambon de Bayonne" and
"Beaufort"} 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 10 years preceding the date of 18 October 2013. A
transitional period of 5 years from the entry into force of this Article where the use of the indications
above 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 10 years preceding the date of 18 October 2013.

5. Where a trademark has been applied for or registered in good faith, or where rights to a trademark
have been acquired through use in good faith, in a Party before the applicable date set out in paragraph6,
measures adopted to implement this Article 7 in that Party shall not prejudice 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
in respect of a geographical indication listed in Annex I on the date of signing of this Agreement, the
date of coming into force of this Article 7; or

in respect of a geographical indication added to Annex I after the date of signing of this Agreement
under Article 7.7, the date on which the geographical indication is added.

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The notion of "assignment" under Article X.6 excludes any transfer of the right to use a geographical
indication on its own.
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7. Where 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 where a
geographical indication is not identical with but contains within it such a term, the provisions of this
Article 7 shall in no way 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 Article 7.

9. A Party may provide that any request made under this Article 7 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 Article 7 shall in no way prejudice the right of any person to use, in the course
of trade, that persons name or the name of that persons predecessor in business, except where such
name is used in such a manner as to mislead the public.

11. (a) The provisions of this Article 7 shall in no way 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 Annex II (a).
(b) Paragraph (a) does not apply to the terms listed in Annex II (a) 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 Annex II (b) shall not be subject to this Article 7 .

Article 7.7 - Amendments to Annex I

1. The Joint Committee, established by Article [...] , acting by consensus and on a recommendation by
the CETA Committee on Geographical Indications, may decide to amend Annex I 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.

A geographical indication shall not in principle be added to Part A of Annex I, if it is a name that on the
date of 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.

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A geographical indication identifying a product originating in a particular Party shall not be added to
Annex I
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;
if it is identical to the customary name of a plant variety or an animal breed existing in the other Party; or
if it is identical with the term customary in common language as the common name for such product in
the other Party.

Article 7.8 Other protection

The provisions of this Article 7 are without prejudice to the right to seek recognition and protection of a
geographical indication under the relevant legislation of the European Union or Canada.
Article 8
Designs
Article 8.1 - International Agreements
The Parties shall make all reasonable efforts to accede to the Geneva Act of the Hague Agreement
Concerning the International Registration of Industrial Designs (1999).
Article 8.2 - Relationship to Copyright
The subject matter of a design right may be protected under copyright law if the conditions for such
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.
Article 9
Patents
Article 9.1 - International Agreements
The Parties shall make all reasonable efforts to comply with the Patent Law Treaty (Geneva, 2000).
Article 9.2 Sui Generis protection for Pharmaceuticals
1. Definitions for the purposes of Article 9.2:
(a) 'Product' means the active ingredient or combination of active ingredients of a pharmaceutical
product;
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(b) 'Basic patent' means a patent which protects a product as such, a process to obtain a product or an
application of a 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 authorization has been granted to place the product on the market of that Party as a pharmaceutical
product;
b) the product has not already been the subject of a period of sui generis protection;
c) the authorisation referred to in paragraph (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 authorisation to place
the product on their market as a pharmaceutical product 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, the Parties will
provide at least 60 days from the grant during which the application for a further period of protection
under this Article may be submitted.

4. In the case where a product is protected by one patent, the period of sui generis protection shall take
effect at the end of the lawful term of the patent.
In the case where a product is protected by more than one patent, a Party may provide for only a single
period of sui generis protection that takes effect at the end of the lawful term of a single patent
a) in the case where all the patents are owned by the same person, selected by the person requesting
the period of sui generis protection;
b) in the case where the patents are not owned by the same person and this gives rise to conflicting
requests for the sui generis protection, selected by agreement between the patent holders.
Each Party shall provide that the period of sui generis protection shall be for a period equal to the period
which elapsed between the date on which the application for a patent was filed and the date of the first
authorisation to place the product on the market of that Party as a pharmaceutical product reduced by a
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period of five years.
Notwithstanding the previous paragraph, the duration of the sui generis protection may not exceed a
period of two to five years, to be established by each Party.
51

Each Party may provide that the period of sui generis protection shall lapse:
a) if the sui generis protection is surrendered by the beneficiary;
b) if prescribed administrative fees are not paid.
Each Party may reduce the period of protection commensurate with any unjustified delays resulting from
the inactions of the applicant after applying for the market authorisation, when the holder of the patent is
the applicant for market authorisation or an entity related to it.

5. Within the limits of the protection conferred by the patent, the sui generis protection shall extend only
to the pharmaceutical product covered by the authorisation to place that product on the market and for
any use of that product as a pharmaceutical product that has been authorized 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.
Notwithstanding paragraphs 1 through 4 of this Article, each Party may also limit the scope of the
protection by providing exceptions for making, using, offering for sale, selling or importing of products
for the purpose of export during the period of protection.

6. Each Party may revoke the protection on grounds relating to invalidity of the applicable patent,
including if the basic applicable 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 withdrawal of the appropriate authorisation or
authorisations to place the product on their respective market, or if the protection was granted contrary to
the provisions of paragraph 2.
Article 9 bis
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.
Article 10
51
This is without prejudice to a possible extension to incentivise or reward research in
certain target populations, such as children, if provided for by either Party.
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Protection of undisclosed data relation to pharmaceutical products
1. If a Party requires, as a condition for approving the marketing of pharmaceutical products that utilize
new chemical entities
52
, the submission of undisclosed test or other data necessary to determine whether
the use of such products is safe and effective, the Party shall protect [EU: such data] against disclosure
[CA: of the data of persons making such submissions], where 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 is 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 that submitted them may, without the latters permission, rely on
such data in support of an application for [CA: product approval] [EU: marketing authorisation] during a
period of not less than six years from the date on which the Party granted approval to the person that
produced the data for approval to market its product, and
b) no Party shall grant [CA: product approval] EU: marketing 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
[EU: authorisation] [CA: approval] to the person that produced the data for [EU: authorisation] [CA:
approval] to market its product, unless the person or entity who produced this data provides its
permission.
Subject to this provision, there shall be no limitation on any Party to implement abbreviated [EU:
authorisation] [CA: approval] procedures for such products on the basis of bioequivalence and
bioavailability studies.
Article 11
Data Protection on Plant Protection Products
1. The Parties shall determine safety and efficacy requirements before authorising the placing on the
market of plant protection products.

2. The Parties shall recognise a temporary right to the owner of a test or study report submitted for
the first time to achieve a marketing authorisation for a plant protection product.
During such period, the test or study report will not be used for the benefit of any other person aiming to
achieve a marketing authorisation for plant protection product, except when the explicit consent of the
first owner is proved. This right will be hereinafter referred as data protection.
3. The test or study report should be necessary for the authorisation or for an amendment of an
52
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.
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authorisation in order to allow the use on other crops.

4. 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 data 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. The Parties may also establish data protection requirements or financial compensation
requirements for data supporting the amendment or renewal of an authorisation.

6. Each of the Parties 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. The new applicant and the holder or holders of the relevant authorisations should be encouraged
to make every effort to ensure that they share tests and studies involving vertebrate animals. The costs of
sharing the test and study reports shall be determined in a fair, transparent and non-discriminatory way.
The prospective applicant is only required to share in the costs of information he is required to submit to
meet the authorisation requirements.

8. The holder or holders of the relevant authorisation shall have a claim on the prospective applicant
for a fair share of the costs incurred by him. The Party may direct the parties involved to resolve the
matter by formal and binding arbitration administered under national law.
Article 12
Plant Varieties
The Parties shall co-operate to promote and reinforce the protection of plant varieties based on the
International Convention for the Protection of New Varieties of Plants (UPOV).
Section 3
Enforcement of Intellectual Property Rights
Article 13
General Obligations
1. The Parties shall ensure that any 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
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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 Sub-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 14 to 23 relate to civil enforcement.

4. For the purposes of Articles 14 to 23, unless otherwise mentioned, intellectual property rights
means all categories of intellectual property that are the subject of Sections 1 through 7 of Part II of the
Agreement on Trade-Related Aspects of Intellectual Property Rights.
Article 14
Entitled Applicants
The Parties shall recognise as persons entitled to seek application of the procedures and remedies
referred to in Articles 15 to 23:

(a) the holders of intellectual property rights in accordance with the provisions of the applicable
domestic law,
(b) all other persons authorised to use those rights, if such persons are entitled to seek relief in
accordance with the provisions of the applicable domestic law,
(c) intellectual property collective rights management bodies which are regularly recognised as
having a right to represent holders of intellectual property rights, if such bodies are entitled to seek relief
in accordance with the provisions of the applicable domestic law,
(d) professional defence bodies which are regularly recognised as having a right to represent holders
of intellectual property rights, if such bodies are entitled to seek relief in accordance with the provisions
of the applicable domestic law.
Article 15
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, where
appropriate and following an application, the production of relevant information, as provided for in the
Party's domestic law, including banking, financial or commercial documents under the control of the
opposing party, subject to the protection of confidential information.
Article 16
Measures for Preserving Evidence
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1. The Parties shall ensure that, even before the commencement of proceedings on the merits of the
case, the judicial authorities may, on application by an entity who 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 such measures include the detailed description, with or without the
taking of samples, or the physical seizure of the alleged infringing goods, and, in appropriate cases, the
materials and implements used in the production and/or distribution of these goods and the documents
relating thereto. 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 17
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. Such 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 such goods or services and of
their channels of distribution.
Article 18
Provisional and Precautionary Measures
1. Each Party shall provide that its judicial authorities shall 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 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 domestic
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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 19
Other remedies
1. The Parties 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. The Parties 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. The Parties shall ensure that the judicial authorities have the authority to order that those remedies
shall be carried out at the expense of the infringer, unless particular reasons are invoked for not doing so.
Article 20
Injunctions
1. Each Party shall provide that, in civil judicial proceedings concerning the enforcement of intellectual
property rights, its judicial authorities shall have the authority to issue an order against a party to desist
from an infringement, and inter alia, 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 authorized by government, without the use of authorization 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 Partys law, declaratory judgments
and adequate compensation shall be available.
Article 21
Damages
1. Each Party shall provide that:
(a) in civil judicial proceedings, its judicial authorities shall 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:
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(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);
(b) in determining the amount of damages for infringements of intellectual property rights, its judicial
authorities may consider, inter alia, any legitimate measure of value that may be submitted by the right
holder, including lost profits.

2. As an alternative to the previous paragraph, a Partys law may provide for payment of
remuneration, such as a royalty or fee, to compensate a right holder for the unauthorized use of its
intellectual property.
Article 22
Legal Costs
Each Party shall provide that its judicial authorities, where appropriate, shall 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 Partys law.
Article 23
Presumption of Authorship or Ownership
For the purposes of civil proceedings involving copyright or related rights,
(a) for the author of a literary or artistic work, in the absence of proof to the contrary, to be regarded
as such, and consequently to be entitled to institute infringement proceedings, it shall be sufficient for
his/her name to appear on the work in the usual manner. Proof to the contrary may include registration;
(b) the provisions under (a) shall apply mutatis mutandis to the holders of rights related to copyright
with regard to their protected subject matter.
Section 4
Border Measures
Article 24
Border Measures
53

Article 24.1 Scope of Border Measures

53
It is understood 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.
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1. The references to the infringement of intellectual property rights in this Article shall be interpreted as
referring to instances of counterfeit trademark goods, pirated copyright goods or counterfeit geographical
indication goods. For the purposes of this paragraph, the following definitions shall apply:

pirated copyright goods means any goods which are copies made without the consent of the right
holder or person duly authorized 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;

counterfeit trademark goods means any goods, including packaging, bearing, without authorization, 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 measures
procedures are applied.

counterfeit geographical indication goods means any goods under Article 7.2 falling within one of the
product classes listed in Annex III, including packaging, bearing without authorization, 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 measures procedures are applied;

2. 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.

3. 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 to provide a right holder an
opportunity to formally request assistance under paragraph 2.

4. Either Party may enter into an arrangement with one or more third parties 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 2 and 3,
provided the Party concerned retains the legal authority to comply with these paragraphs.

5. Each Party may adopt or maintain the procedures referred to in paragraphs 2 and 3 with respect to
transhipments and shipments in customs transit.

6. Each Party may exclude from the application of the above provisions 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.

7. For the purposes of this Article:
(a) 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. This definition includes goods
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brought into the territory to a free zone or customs warehouse, but excludes shipments in customs transit
and transhipments.
(b) Shipments in customs transit means shipments of goods that enter the territory of a Party from a
place outside that territory and are authorized 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.
(c) 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.
(d) 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.

Article 24.2 Application by the Right Holder
1. Each Party shall provide that its competent authorities require a right holder that requests the
procedures described in Article 24.1 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 24.1.

2. Each Party shall provide for applications to suspend the release of, or to detain goods
54
suspected of
infringing an IPR listed Article 24.1, under customs control in its territory. 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. A Party may provide that, where the applicant has abused the procedures described in Article 24.1, or
where there is due cause, its competent authorities have the authority to deny, suspend, or void an
application.

Article 24.3 Provision of Information from the Right Holder
Each Party shall permit its competent authorities to request a right holder to supply relevant information
54
The requirement to provide for such applications is subject to the obligations to provide
procedures referred to in subparagraphs 24.1(2) and 24.1(3).
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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 Article. Each Party may also allow a right
holder to supply such information to its competent authorities.

Article 24.4 Security or Equivalent Assurance
Each Party shall provide that its competent authorities have the authority to require a right holder that
requests the procedures described in Article 24.1 to provide a 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.
A 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 24.5 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 24.1, whether the suspect
goods infringe an intellectual property right.

Article 24.6 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 24.5 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 regard to 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 24.5 that the goods are infringing.

Article 24.7 Specific cooperation in the area of border measures
1. The Parties agree to cooperate with each other with a view to eliminating international trade in goods
infringing intellectual property rights. For this purpose, they shall establish contact points in their
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administrations and be ready to exchange information on trade in infringing goods. They shall, in
particular, promote the exchange of information and cooperation between customs authorities with
regard to trade in goods infringing intellectual property rights.

2. Such cooperation 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. Cooperation under this Article 24 shall be conducted consistent with relevant international
agreements. The Committee referred to in Article [X] 'The Joint Customs Cooperation Committee' in
Chapter [X] 'Customs and Trade Facilitation' will set the priorities and provide for the adequate
procedures for cooperation under this Article 24 between the competent authorities.
Section 5
Co-operation
Article 25
Co-operation
1. The Parties agree to co-operate with a view to supporting implementation of the commitments and
obligations undertaken under this chapter. Areas of co-operation include exchanges of information or
experience on the following:
(a) protection and enforcement of intellectual property rights, including geographical indications;
(b) establishment of arrangements between their respective collecting societies.

2. Without prejudice and as a complement to paragraph 1, the European Union and Canada agree 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.

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ANNEX I -- 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)
esk pivo Beer Czech Republic
ateck Chmel Hops Czech Republic
Bayerisches Bier Beer Germany
Mnchener Bier Beer Germany
Hopfen aus der Hallertau Hops Germany
Nrnberger Bratwrste** Fresh, Frozen and
Processed meats
Germany
Nrnberger Rostbratwrste

Fresh, Frozen and
Processed meats
Germany
Schwarzwlder Schinken Fresh, Frozen and
Processed meats
Germany
Aachener Printen Confectionery and
Baked Products
Germany
Nrnberger Lebkuchen Confectionery and
Baked Products
Germany
Lbecker Marzipan Confectionery and
Baked Products
Germany
Bremer Klaben Confectionery and
Baked Products
Germany
Hessicher Handkse Cheese Germany
Hessicher Handks Cheese Germany
Terttnanger Hopfen Hops Germany
Spreewlder Gurken Fresh and processed
vegetable products
Germany
Danablu Cheese Denmark
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Elia Kalamatas Table and processed
olives
Greece
Masticha Chiou Confectionery and
Baked Products
Greece
* Feta Cheese Greece

Kalamata olive oil Oils and animal fats Greece

Kolymvari
Chanion Kritis
Olive Oil
Oils and animal fats Greece

Sitia Lasithiou
Kritis Olive oil
Oils and animal fats Greece
Olive Oil Lakonia Oils and animal fats Greece
Krokos Kozanis Spices Greece
Kefalograviera Cheeses Greece
Graviera Kritis Cheeses Greece
Graviera Naxou Cheeses Greece
Manouri Cheeses Greece
Kasseri Cheeses Greece

Fassolia Gigantes
Elefantes
Kastorias
Fresh and processed
vegetable products
Greece

Fassolia Gigantes
Elefantes Prespon
Florinas
Fresh and processed
vegetable products
Greece
Konservolia
Amfissis

Table and Processed
olives
Greece
Loukoumi
Geroskipou
Confectionery and
baked products
Cyprus
Baena Oils and animal fats Spain
Sierra Mgina Oils and animal fats Spain
Aceite del Baix Ebre- Oils and animal fats Spain
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Montsa
Oli del Baix Ebre-Montsa Oils and animal fats Spain
Aceite del Bajo Aragn Oils and animal fats Spain
Antequera Oils and animal fats Spain
Priego de Crdoba Oils and animal fats Spain
Sierra de Cdiz 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
Jamn de Huelva Fresh, Frozen and
Processed meats
Spain
Jamn de Teruel Fresh, Frozen and
Processed meats
Spain
Salchichn de Vic Fresh, Frozen and
Processed meats
Spain
Llonganissa de Vic Fresh, Frozen and
Processed meats
Spain
Mahn-Menorca Cheeses Spain
Queso Manchego Cheeses Spain
Ctricos Valencianos Fresh and processed
fruits and nuts
Spain
Ctrics Valancians Fresh and processed
fruits and nuts
Spain
Jijona Confectionery and
Baked Products
Spain
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Turrn de Alicante Confectionery and
Baked Products
Spain
Azafrn de la Mancha Spices Spain
Comt 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
Hutres de Marennes-
Olron
Fresh, Frozen and
processed fish products
France
Canards foie gras du Sud-
Ouest : Chalosse
Fresh, Frozen and
Processed meats
France
Ouest: Gascogne
Fresh, Frozen and
Processed meats
France
Ouest : Gers
Fresh, Frozen and
Processed meats
France
Ouest : Landes
Fresh, Frozen and
Processed meats
France
Ouest : Prigord
Fresh, Frozen and
Processed meats
France
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
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Morbier Cheeses France
Epoisses Cheeses France
Beaufort*** Cheeses France
Maroilles Cheeses France
Marolles Cheeses France
Munster * Cheeses France
Munster Grom Cheeses France
Fourme dAmbert Cheeses France
Abondance Cheeses France
Bleu dAuvergne 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'Evque Cheeses France
Neufchtel Cheeses France
Chabichou du Poitou Cheeses France
Crottin de Chavignol Cheeses France
Saint-Nectaire Cheeses France
Piment dEspelette 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 Italy
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Processed meats
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
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Mela Alto Adige Fresh and processed
fruits and nuts
Italy
Sdtiroler 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
Sdtiroler Markenspeck
Fresh, Frozen and
Processed meats
Italy
Sdtiroler 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 tliszalmi Fresh, Frozen and
Processed meats
Hungary
Szegedi szalmi Fresh, Frozen and
Processed meats
Hungary
Tiroler Speck Fresh, Frozen and
Processed meats
Austria
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Steirischer Kren Fresh and processed
vegetable products
Austria
Steirisches Krbiskernl Oilseeds Austria
Queijo S. Jorge Cheeses Portugal
Azeite de Moura
Oils and animal fats Portugal

Azeites de Trs-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
Pra Rocha do Oeste
Fresh and processed
fruits and nuts
Portugal
Ameixa d'Elvas
Fresh and processed
fruits and nuts
Portugal
Anans dos Aores / S.
Miguel
Fresh and processed
fruits and nuts
Portugal
Chouria de carne de
Vinhais
Fresh, Frozen and
Processed meats
Portugal
Linguia de Vinhais
Fresh, Frozen and
Processed meats
Portugal
Chourio de Portalegre
Fresh, Frozen and
Processed meats

Presunto de Barrancos
Fresh, Frozen and
Processed meats
Portugal
Queijo Serra da Estrela Oils and animal fats Portugal
Queijos da Beira Baixa Oils and animal fats Portugal
Queijo de Castelo Branco Oils and animal fats Portugal
Queijo Amarelo da Beira
Baixa
Cheeses Portugal
Queijo Picante da Beira
Cheeses Portugal
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Baixa
Salpico de Vinhais Fresh, Frozen and
Processed meats
Portugal
Gouda Holland Cheeses Netherlands
Edam Holland Cheeses Netherlands
Kalix Ljrom Fresh, frozen and
processed fish products
Sweden
Magiun de prune
Topoloveni
Fresh and processed
fruits and nuts
Romania

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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)

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Annex II (a)

Valencia Orange
Orange Valencia
Valencia

Black Forest Ham
Jambon Fort Noire

Tiroler Bacon
55

Bacon Tiroler
1

Parmesan

Bavarian Beer
Bire Bavaroise

Munich Beer
Bire Munich

St. George Cheese
Fromage St-George[s]

55
Use of spelling variations in English or French to be permitted, including Tyrol, Tiroler, Tyroler, Tirolien

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Annex II(b)

The term "comt" in association with food products when used to refer to a county (for example "Comt
du Prince-Edouard"; "Prince Edward County"; "Comt 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.

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ANNEX III
Product classes
fresh, frozen and processed meats means products falling under Chapter 2 and heading 16.01 or 16.02
of the Harmonized System.
dry-cured meats means dry cured meat products falling under Chapter 2 and heading 16.01 or 16.02 of
the Harmonized System.
hops means products falling under heading 12.10 of the Harmonized System;
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;
butter means products falling under heading 04.05 of the Harmonized System;
cheeses means products falling under heading 04.06 of the Harmonized System;
fresh and processed vegetable products means products containing vegetables falling under Chapter 7
and Chapter 20 of the Harmonized System;
fresh and processed fruits and nuts means products containing fruits falling under Chapter 8 and 20 of
the Harmonized System;
spices means products falling under Chapter 9 of the Harmonized System;
cereals means products falling under Chapter 10 of the Harmonized System;
products of the milling industry means products falling under Chapter 11 of the Harmonized System;
oilseeds means products falling under Chapter 12 of the Harmonized System;
beverages from plant extracts means products falling under heading 13.02 of the Harmonized System;
oils and animal fats means products falling under Chapter 15 of the Harmonized System;
confectionery and baked products means products falling under heading 17.04, 18.06, 19.04, or 19.05
pasta means products falling under heading 19.02 of the Harmonized System;
table and processed olives means products falling under heading 20.01 or 20.05 of the Harmonized
System;
mustard paste means products falling under sub-heading 2103.30 of the Harmonized System;
beer means products falling under heading 22.03 of the Harmonized System;
vinegar means products falling under heading 22.09 of the Harmonized System;
essential oils means products falling under heading 33.01 of the Harmonized System.
370
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23. SUSTAINABLE DEVELOPMENT

CHAPTER XX: TRADE AND SUSTAINABLE DEVELOPMENT

Article XX.1: Context and objectives

Recalling the Rio Declaration on Environment and Development of 1992, the Agenda 21 on
Environment and Development, the Johannesburg Declaration and Plan of Implementation of
2002 on Sustainable Development, the 2006 Ministerial declaration of the UN Economic and
Social Council on Full Employment and Decent Work, and the 2008 ILO Declaration on Social
Justice for a Fair Globalisation, the Parties recognise that economic development, social
development and environmental protection are interdependent and mutually reinforcing
components of sustainable development, and they 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.

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 X+1 and X+2
56
are to be considered in the context
of this Agreement.

In this regard, through the implementation of Chapters X+1 and X+2
57
, the Parties aim to:

promote sustainable development through the enhanced coordination and integration of their
respective labour, environmental and trade policies and measures;
promote dialogue and cooperation between the Parties with a view to developing their trade and
economic relations in a manner supportive of their respective labour and environmental
protection measures and standards, and to upholding their environmental and labour protection
objectives in a context of freer, open and transparent trade relations;
enhance enforcement of domestic labour and environmental laws and respect for labour and
environmental international agreements;
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;
promote public consultation and participation in the discussion of sustainable development issues
arising under this Agreement and in the development of relevant domestic laws and policies.


56
Refer to chapters on Environment and Labour

57
Refer to chapters on Environment and Labour

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372
The Parties stress the importance of ensuring transparency as a necessary element to promote
public participation and information within the context of this Chapter, in accordance with its
provisions, with Chapter [Transparency] and with the relevant provisions in Chapters [labour]
and [environment].

Article 3: Co-operation 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, in the context of this
Agreement, they 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, in the
context of their respective policy or legislative frameworks and in a manner consistent with their
international obligations, 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;

Encouraging voluntary best practices of corporate social responsibility by enterprises, such as
those embodied in the OECD Guidelines for Multilateral Enterprises, to strengthen coherence
between economic, social and environmental objectives.

Encouraging the integration of sustainability considerations in private and public consumption
decisions; and

Promoting the development, establishment, maintenance or improvement of environmental
performance goals and standards.

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, to identify any need for action that may arise in
connection with this Agreement, each Party commits to review, monitor and assess the impact of
the implementation of this Agreement on sustainable development in its territory. The Parties
may agree to 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 set up under this Agreement.

Article 4: Institutional Arrangements
The Parties establish a [NAME] on Trade and Sustainable Development, comprised of high level
representatives of the Parties responsible for matters covered by this Chapter, Chapter X
[Labour], and Chapter Y [Environment]. The [NAME] on Trade and Sustainable Development
shall oversee the implementation of these Chapters, including cooperative activities and review
of impacts of the Agreement on sustainable development, address in an integrated manner any
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373
matters of common interest in relation to the interface between economic development, social
development and environmental protection, and carry out the duties set out under Chapter X
[Labour] and Chapter Y [Environment]. With regard to the latter, the [NAME] on Trade and
Sustainable Development can also carry out these duties through dedicated sessions comprising
participants responsible for matters covered, respectively, under Chapter X [Labour] or Chapter
Y [Environment].
The [NAME] 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 [relevant articles of the labour and environment chapters] shall be
responsible for communications between the Parties regarding the scheduling and organisation of
such meetings or dedicated sessions.
Unless the Parties otherwise jointly decide, each regular or dedicated meeting of the [NAME] on
Trade and Sustainable Development shall include a session with the public to discuss matters
relating to the implementation of the relevant Chapter(s).
The NAME on Trade and Sustainable Development shall promote transparency and public
participation. To this end:
all decisions and reports that the NAME on Trade and Sustainable Development may adopt shall
be made public, unless the NAME on Trade and Sustainable Development decides otherwise;
the NAME on Trade and Sustainable Development shall present updates on matters related to
this Chapter, including its implementation, to the Civil Society Forum referred to in [Article].
Any views or opinions of the Civil Society Forum may be submitted to the Parties directly, or
through the consultative mechanisms referred to in Article 8.3 of Chapter (Trade and Labour)
and in Article X.13 of Chapter X (Trade and Environment). The NAME on Trade and
Sustainable Development shall report annually on the follow-up given to such communications;
the NAME on Trade and Sustainable Development shall report annually on matters it may
address pursuant to Article X.7(3) of Chapter X (Trade and Environment) or Article 8.4 of
Chapter (Trade and Labour).

Article 5: Civil society forum

1. The Parties shall facilitate a joint Civil Society Forum comprising representatives of civil
society organisations established in their territories, including participants in the domestic
consultative mechanisms referred to in Article 8.3 of Chapter (Trade and Labour) and in
Article X.13 of Chapter (Trade and Environment), in order to conduct a dialogue
encompassing 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
Trade and SD
374
groups, as well as other relevant civil society organisations as appropriate. The Parties may also
facilitate participation by virtual means.


375

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376
24. TRADE AND LABOUR

CHAPTER X+1: TRADE AND LABOUR

Article 1: Context and objectives

1. The Parties recognise the value of international co-operation and agreements on
employment and labour affairs as a response of the international community to economic,
employment and social challenges and opportunities resulting from globalisation. They
recognize the contribution that international trade could make to full and productive employment
and decent work for all and commit to consulting and co-operating as appropriate on trade-
related labour and employment issues of mutual interest.

2. The Parties recognise the beneficial role that decent work, encompassing core labour
standards, and high levels of labour protection, coupled with effective enforcement, can have on
economic efficiency, innovation and productivity, including export performance, and they
highlight the value of greater policy coherence in those areas. In this context, the Parties
recognize the importance of social dialogue on labour matters among workers and employers,
and their respective organizations, and governments, and commit to promotion of such dialogue
in their territories.

Article 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 relevant laws and policies accordingly in a manner
compatible with its international labour commitments, including those in this Chapter, each Party
shall strive to continue to improve those laws and policies with the goal of providing high levels
of labour protection.

Article 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, and reaffirm its commitment to respecting,
promoting and realising such principles and rights in accordance with its obligations as member
of the ILO and its commitments under the ILO Declaration on Fundamental Principles and
Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th
Session in 1998.

(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.
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377

2. Each Party shall ensure that its labour law and practices promote the following objectives
included in the Decent Work Agenda, and in accordance with the 2008 ILO Declaration on
Social Justice for a Fair Globalisation, and other international commitments:

health and safety at work, including the prevention of occupational injuries and illnesses and
compensation in cases of such injuries or illnesses;

establishment of acceptable minimum employment standards for wage earners, including those
not covered by collective agreements; and,

non-discrimination in respect of working conditions, including for migrant workers.

3. In connection with paragraph 2(a) of this article, 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 which promote basic principles aimed at
preventing accidents and injuries arising out of or in the course of work, and aimed at developing
a domestic 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 account of relevant scientific and technical information and
related international standards, guidelines or recommendations if they exist, particularly if such
measures may affect trade or investment between the Parties. The Parties acknowledge that
where there are existing or potential hazards or conditions that could reasonably be expected to
cause injury or illness to a person, the lack of full scientific certainty shall not be used as a reason
for postponing cost-effective protective measures.

4. Each Party reaffirms its commitment to effectively implement in its laws 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 will make continued and sustained efforts
towards ratifying the fundamental ILO Conventions to the extent that they have not yet done so.
The Parties will exchange information on their respective situation and advancements as regards
to the ratification of the fundamental as well as priority and other ILO Conventions that are
classified as up to date by the ILO.

Article 4: Upholding levels of protection

1. The Parties recognise that it is inappropriate to encourage trade or investment by
lowering the levels of protection embodied in domestic 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, as an encouragement for trade or the establishment, acquisition,
expansion or retention of an investment or an investor in its territory.

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378
3. A Party shall not fail to effectively enforce its labour law, through a sustained or
recurring course of action or inaction, as an encouragement for trade or investment.

Article 5: Enforcement procedures, Administrative proceedings and review of
administrative action

1. In connection with the obligations in Article 4, each Party shall promote compliance with
and shall effectively enforce its labour law, including by:
a. in accordance with its international commitments, maintaining a system of labour
inspection aimed at securing the enforcement of those legal provisions relating to working
conditions and the protection of workers which are enforceable by labour inspectors;
b. ensuring that administrative and judicial proceedings are available to persons with a
legally recognized interest in a particular matter under its domestic law, in order to permit
effective action against infringements of its labour laws, including appropriate remedies for
violations of such laws.

2. Each Party shall, within the framework of its legal system, 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, where
appropriate, and are fair and equitable, including by:
providing defendants with reasonable notice when a procedure is initiated, including a
description of the nature of the proceeding and the basis of the claims;
affording the parties to the procedures a reasonable opportunity to support or defend their
respective positions, including by presenting information or evidence, prior to any final decision;
providing that final decisions are made in writing and give reasons as appropriate to the case; and
allowing the parties to an administrative proceeding an opportunity for review of final
administrative decisions within a reasonable time by a tribunal established by law, with
appropriate guarantees of independence and impartiality of decision-makers.

Article 6: Public Information and Awareness

1. Each Party, as well as complying with Art X.01 of Transparency Chapter, shall
encourage public debate with and among non-State actors as regards the development and
definition of policies that may lead to the adoption by public authorities of labour law and
standards.

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 7: Cooperative activities

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379
1. The Parties commit to cooperate for the promotion of the objectives of this Chapter through
actions such as:

exchange of information on best practices on issues of common interest and on relevant events,
activities, and initiatives organized in their respective territories;

cooperation in international fora dealing with issues relevant for trade and labour and
employment, including in particular the WTO and the ILO;

the international promotion of Fundamental Principles and Rights at Work and their effective
application, and the ILO Decent Work Agenda;

dialogue and information sharing on the labour provisions in the context of their respective trade
agreements, and their implementation;

exploring collaboration in initiatives vis-a-vis third countries;

other forms of cooperation as the Parties may deem appropriate.

2. In identifying areas for cooperation, and in carrying out cooperative activities, the Parties will
consider any views provided by representatives of workers, employers, and civil society.

3. The Parties may establish cooperative arrangements with the International Labour
Organization and other competent international and regional organisations to draw on their
expertise and resources to achieve the objectives of this Chapter.

Article 8: Institutional mechanisms

1. Each Party shall designate one office which shall serve as a Point of Contact with the
other Party for the purposes of implementing this Chapter, including with regard to:

(a) cooperative programs and activities in accordance with Article 7;

(b) the receipt of submissions and communications under Article 9; and

(c) information to be provided to the other Party, the panels of experts and the public.

2. The NAME TO BE DETERMINED] on Trade and Sustainable Development established
under Chapter X [Trade and Sustainable Development] shall, through its regular meetings or
dedicated sessions comprising participants responsible for matters covered under this Chapter
discuss matters of common interest, oversee the implementation of this Chapter and review
progress under it, including its operation and effectiveness, or address any other matter within
the scope of this Chapter as they jointly decide.

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380
3. Each Party shall consult a domestic labour or sustainable development advisory group(s),
or establish new ones when they do not exist, to provide views and advice on issues relating to
this Chapter. Such groups may submit opinions and make recommendations on any matter
related to this Chapter on their own initiative. The domestic advisory group(s) comprise(s)
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.

4. 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 domestic advisory group(s) of such communications.

5. The Parties shall take into account the activities of the International Labour Organisation so as
to promote greater cooperation and coherence between the work of the Parties and that
Organisation.

ARTICLE 9: Government Consultations

Chapter by delivering a written request to the contact point of the other Party. The request shall
present the matter clearly, identifying the questions at issue and providing a brief summary of
any claims under this Chapter. Consultations shall commence promptly after a Party delivers a
request for consultations.

During consultations, each Party shall provide the other with sufficient information in its
possession to allow a full examination of the matters raised, subject to any domestic legislation
regarding confidential personal and commercial information.

Where relevant, subject to the agreement of both consulting Parties, they shall seek the
information or views of any person, organisation or body that may contribute to the
examination of the matter at issue, including the International Labour Organisation.

If a Party considers that the matter needs further discussion, that Party may request that
[NAME] be convened to consider the matter by delivering a written request to the contact point
of the other Party. The [NAME] shall convene promptly and endeavour to agree on a
resolution of the matter. Where appropriate, it shall seek the

advice of the Parties' domestic
advisory group(s).

Any solutions or decisions on matters discussed under this Article shall be made publicly
available.

Article 10: Panel of Experts

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381
1. For any matter that has not been satisfactorily addressed through government consultations,
a Party may, 90 days after the delivery of a request for consultations under Article 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 Annex I and II of the Chapter on Dispute Settlement, unless the
Parties agree otherwise.

3. The Panel of Experts shall be composed of three panellists.

4. The [NAME] shall, at its first meeting after the entry into force of this Agreement,
establish a list of at least 9 individuals chosen on the basis of objectivity, reliability and sound
judgment who are willing and able to serve as experts in Panel procedures. Each Party shall
propose three individuals to serve as experts. The Parties shall also select three individuals who
are not nationals of either Party and who shall act as chairperson to the Panel of experts. The
[NAME] will ensure that the list is always maintained at this level.

5. The experts proposed as panellists shall comprise individuals with specialised knowledge or
expertise in labour law, other issues addressed in this Chapter, or the resolution of disputes
arising under international agreements. They shall be independent, serve in their individual
capacities and not take instructions from any organisation or government with regard to issues
related to the matter at stake, or be affiliated with the government of any Party, and shall
comply with [the Code of Conduct].

6. 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 date 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 (5) of this article and have the
expertise appropriate to the particular matter.

7. In the event that the Parties are unable to agree on the composition of the Panel of Experts
within the time frame laid down in paragraph 4, the selection procedure set forth in Article
14.7(3), (4),(5), (6) and (7) of Chapter 14 (Dispute Settlement) shall be applicable in respect of
the list established in paragraph (7).

8. Unless the Parties agree otherwise, within five working days of the date of the selection of the
panellists, the terms of reference of the Panel of Experts shall be:

"to examine, in the light of the relevant provisions of the Trade and Labour chapter, the matter
referred to in the request for the establishment of the Panel of Experts, and to issue a report, in
accordance with Article 12 (Panel of Experts) of Chapter (Trade and Labour), making
recommendations for the resolution of the matter"

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382
9. In matters related to the respect of multilateral agreements as set out in Article 3, the Panel
should seek information from the International Labour Organisation, such as pertinent
available interpretative guidance, findings or decisions adopted by this body.
58

10. The Panel may request and receive written submissions or any other information from
organisations, institutions, and persons with relevant information or specialised knowledge.

11. The Panel of Experts shall issue to the Parties an interim and a final report setting out the
findings of facts, its determinations 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 submit 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 on the interim report within 45 days of its
presentation. After considering any such comments, the Panel of Experts may reconsider its
report or make any further examination it considers appropriate. The Panel of Experts shall
submit 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 issuance.

12. If in the final report the Panel determines that there has been non-conformity, the Parties
shall engage in discussions and shall endeavour, within three months from the submission of
the final report and taking into account that report, to identify appropriate measures or, where
appropriate, to decide upon a mutually satisfactory action plan. The Party concerned shall
inform in a timely manner its advisory groups and the other Party of its decisions on any
actions or measures to be implemented. Furthermore, the requesting Party shall inform in a
timely manner its advisory groups and the other Party of any other action or measure it may
decide to take, as a follow-up to the report, to encourage the resolution of the matter in a
manner consistent with this Agreement. The follow-up to the report and the recommendations
of the Panel of Experts shall be monitored by the NAME. The advisory bodies and the Civil
Society Forum may submit observations to the NAME in this regard.

13. If the Parties reach a mutually agreed solution to a matter during the time that a Panel of
Experts has been established, they shall notify the [NAME] and the Panel of Experts of any such
solution. Upon notification, the panel procedure shall be terminated.

ARTICLE 11: Dispute Resolution

For any matter arising under this Chapter where there is disagreement between the Parties, the
Parties shall only have recourse to the rules and procedures provided for in this chapter.

58
This provision shall be applied in accordance with rule 43 of the Rules of Procedure set out in Annex I of Chapter
XX (Dispute Settlement)
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383
The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter.
At any time, the Parties may have recourse to good offices, conciliation, or mediation to resolve
that matter.

It is understood that the obligations included under this chapter are binding, and enforceable
through the procedures for the resolution of disputes provided for in Art. 10 [Panel of experts] of
this chapter. Within this context, the Parties will discuss, through the meetings of the [NAME]
on Trade and Sustainable Development, the effectiveness of the implementation of the chapter,
domestic policy developments in both Parties, 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 Art. 10 [Panel of experts] of this chapter.

In case of disagreement, a Party may request consultations according to the procedures
established in Art. 9 [Government consultations] in order to review the provisions for the
resolution of disputes provided for in Art. 10 [Panel of experts] of this chapter, with a view to
reach a mutually agreed position on the matter.

The [NAME] may decide to modify the relevant provisions of this chapter, in accordance with
the amendment procedures established in Chapter , Article [CETA amendment
procedure]. ]

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Trade and Environment
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25. TRADE AND ENVIRONMENT

Chapter XX: Trade and Environment

Article X.1: Context and Objectives

The Parties recognize that the environment is a fundamental pillar of sustainable development
and the contribution that trade could make to sustainable development. They stress that enhanced
cooperation between the Parties to protect and conserve the environment brings benefits which
will promote sustainable development, strengthen the environmental governance of the Parties,
build on international environmental agreements to which they are party and complement the
objectives of the CETA.

Article X.2: Definition

For the purposes of this Chapter:

environmental law means laws or statutory or regulatory provisions, or other legally binding
measures, 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 and the dissemination of information related thereto,
and

(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 any measures solely related to worker health and safety, which fall under
Chapter X - Labour, nor any measures by a Party for which the purpose is managing subsistence
or aboriginal harvesting of natural resources.

Article X.3: 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.

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2. Each Party reaffirms its commitment to effectively implement in its laws and practices, in
its whole territory, the Multilateral Environmental Agreements to which it is a party.

3. The Parties commit to consulting and cooperating as appropriate with respect to
environmental matters of mutual interest related to Multilateral Environmental Agreements, in
particular trade-related issues. This includes, inter alia, exchanging information on the
implementation of Multilateral Environmental Agreements that a Party is bound by, on ongoing
negotiations of new Multilateral Environmental Agreements, as well as on each Partys
respective views as regards to becoming a party to additional Multilateral Environmental
Agreements.

The Parties acknowledge their right to make full use of the General Exceptions in Chapter X
(Exceptions) in relation to environmental measures, including those taken pursuant to
Multilateral Environmental Agreements to which they are party.

Article X.4: Right to regulate and levels of protection

Recognizing the right of each Party to set its own environmental priorities, to establish its own
domestic levels of environmental protection, and to adopt or modify its relevant laws and
policies accordingly in a manner consistent with the multilateral environmental agreements to
which they are a 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 those laws and policies and their underlying levels of protection.

Article X.5: Upholding levels of protection

The Parties recognize that it is inappropriate to encourage trade or investment by weakening or
reducing the levels of protection afforded in domestic environmental laws.

A Party shall not, through a sustained or recurring course of action or inaction, fail to effectively
enforce its environmental laws as an encouragement for trade or investment.

A Party shall not waive or otherwise derogate from, or offer to waive or otherwise derogate
from, its environmental laws, as an encouragement for trade or the establishment, acquisition,
expansion or retention of an investment of an investor in its territory.

Article X.6: Access to Remedies and Procedural Guarantees

In connection with the obligations in Article X.5:

Each Party shall, in accordance with its laws, ensure that its authorities competent to enforce
environmental laws give due consideration to alleged violations of those laws brought to its
attention by interested persons residing or established in its territory.
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Each Party shall ensure that administrative or judicial proceedings are available to persons
59
with
a legally recognized interest in a particular matter or maintaining impairment of a right, subject
to the conditions specified under its domestic law, in order to permit effective action against
infringements of its environmental laws, including appropriate remedies for violations of such
laws.

2. Each Party shall, within the framework of its legal system and in accordance with
its domestic laws, ensure that the proceedings referred to in paragraph 1(b) are not unnecessarily
complicated or prohibitively costly, do not entail unreasonable time limits or unwarranted delays,
provide injunctive relief where appropriate, and are fair, equitable and transparent, including by:

providing defendants with reasonable notice when a proceeding is initiated, including a
description of the nature of the proceeding and the basis of the claims;
affording the parties to the proceedings a reasonable opportunity to support or defend their
respective positions, including by presenting information or evidence, prior to any final decision;
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 were offered the opportunity to
be heard; and
allowing the parties to an administrative proceeding an opportunity for review and, where
warranted, correction of final administrative decisions within a reasonable time by a tribunal
established by law, with appropriate guarantees of independence and impartiality of decision-
makers.

Article X.7: Public Information

1. Each Party, as well as complying with Art. X.01 of Transparency Chapter, shall encourage
public debate with and among non-State actors as regards the development and definition of
policies that may lead to the adoption by public authorities of environmental laws and
regulations.

Each Party shall promote public awareness of its environmental laws and regulations, as well as
enforcement and compliance procedures, by ensuring the availability of information to
stakeholders.

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 civil society of such communications through the
consultative mechanisms referred to in Article X.13(4).
59
Including non-governmental organisations promoting environmental protection and meeting any requirements
under domestic law.

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Article X.8: Scientific and technical information

Each Party shall, when preparing and implementing measures aimed at environmental protection
which may affect trade or investment between the Parties, take account of relevant scientific and
technical information and related international standards, guidelines or recommendations if they
exist.

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 X.9: Trade favouring environment protection

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 concerning goods and services of
particular relevance for climate change mitigation in particular renewable energy goods and
related services.

Article X.10: Trade in forest products

1. The Parties recognize 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 legally-harvested forest products from
sustainably managed forests.

2. To this end, the Parties undertake to, in a manner consistent with their international
obligations:

(a) Encourage trade in forest products from sustainably managed forests, harvested in accordance
with the domestic legislation of the country of harvest;

(b) Exchange information, and where 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 CITES with regard to timber species considered at risk; and

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(d) Cooperate, where appropriate, in international fora dealing with the conservation and
sustainable management of forests.

3. The Parties agree to discuss issues identified in paragraph (2) in the [NAME
60
] or in the
Bilateral Dialogue on Forest Products referenced in [Chapter X: Dialogues and Sector Specific
Cooperation
61
] in accordance with their respective scopes.

Article X.11: Trade in Fisheries and Aquaculture Products

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. To this end, the Parties
undertake to, in a manner consistent with their international obligations:

(a) Adopt effective monitoring, control and surveillance measures, such as observer
schemes, vessel monitoring schemes, transhipment control, inspections at sea and port state
control and associated sanctions, aimed at the conservation of fish stocks and the prevention of
overfishing;

(b) Maintain or adopt 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 both 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
compliance with such decisions in these organizations; and

(d) Promote the development of an environmentally responsible and economically
competitive aquaculture industry.

Article X.12: Cooperation on environment issues

1. The parties recognise that enhanced cooperation is an important element to advance
the objectives of this Chapter, and they commit to cooperate, through actions and instruments
that may include technical exchanges, exchanges of information and best practices, research
projects, studies, reports, conferences and workshops, on trade-related environmental issues of
common interest, in areas such as:

the potential impacts of this Agreement on the environment and ways to enhance, prevent or
mitigate them, taking into account impact assessments carried out by the Parties;
60
Institutional body established under the Trade and Sustainable Development Chapter.
61
Will need to be updated
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activities 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;

the environmental dimension of corporate social responsibility and accountability, including on
the implementation and follow-up of internationally agreed guidelines;

the trade impact of environmental regulations and standards as well as the environmental
impacts of trade and investment rules including on the development of environmental regulations
and policy;

trade-related aspects of the current and future international climate change regime, as well as
domestic climate policies and programs 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.

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;

cooperation on trade-related aspects of the conservation and sustainable use of biological
diversity;

the 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;

improved understanding of the effects of economic activities and market forces on the
environment; or

exchange of views on the relationship between multilateral environmental agreements and
international trade rules.

2. 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 them further
in such activities, as appropriate.

Article X.13: Institutional mechanisms

1. Each Party shall designate one office which shall serve as a Point of Contact with the other
Party for the purposes of implementing this Chapter, including with regard to:
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cooperative programs and activities in accordance with Article X.12;
the receipt of submissions and communications under Article X.7(3); and
information to be provided to the other Party, the Panels of Experts and the public.

2. The [NAME] on Trade and Sustainable Development established under Chapter X [Trade and
Sustainable Development] shall, through its regular meetings or dedicated sessions comprising
participants responsible for matters covered under this Chapter:
Oversee the implementation of this Chapter and review progress under it;
Discuss matters of common interest; and
Address any other matter within the scope of this Chapter as the Parties jointly decide.

3. 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.

4. 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. Such
mechanisms shall involve 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 mechanisms, stakeholders may submit views and
make recommendations on any matter related to this Chapter on their own initiative.

Article X.14: Government consultations

Chapter by delivering a written request to the contact point of the other Party. The request shall
present the matter clearly, identifying the questions at issue and providing a brief summary of
any claims under this Chapter. Consultations shall commence promptly after a Party delivers a
request for consultations.

During consultations, each Party shall provide the other with sufficient information in its
possession to allow a full examination of the matters raised, subject to any domestic legislation
regarding confidential personal and commercial information.

Where relevant and agreed to by both Parties, the Parties shall seek the information or views of
any person, organisation or body that may contribute to the examination of the matter at issue,
including the relevant international organisations or bodies.

If a Party considers that the matter needs further discussion, that Party may request that [NAME]
be convened to consider the matter by delivering a written request to the contact point of the
other Party. The [NAME] shall convene promptly and endeavour to agree on a resolution of the
matter. Where appropriate, it shall seek the

advice of the Parties' civil society through the
consultative mechanisms referred to in Art. X.13(4).

Any solutions or decisions on matters discussed under this Article shall be made publicly
available.
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ARTICLE X.15: Panel of Experts

For any matter that has not been satisfactorily addressed through government consultations, a
Party may, 90 days after the delivery of a request for consultations under Article X.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.

Subject to the provisions of this Chapter, the Parties shall apply the Rules of Procedure and Code
of Conduct set out in Annex I and II of the Chapter on Dispute Settlement, unless the Parties
agree otherwise.

The Panel of Experts shall be composed of three panellists.

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 date 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) of this article and have the
expertise appropriate to the particular matter.

5. In the event that the Parties are unable to agree on the composition of the Panel of Experts
within the time frame laid down in paragraph 4, the selection procedure set forth in Article
14.7(3), (4),(5), (6) and (7) of Chapter 14 (Dispute Settlement) shall be applicable in respect of
the list established in paragraph (7).

6. The NAME shall, at its first meeting after the entry into force of this Agreement, establish a
list of at least 9 individuals chosen on the basis of objectivity, reliability and sound judgment
who are willing and able to serve as experts in Panel procedures. Each Party shall propose at
least three individuals to serve as experts. The Parties shall also select at least three individuals
who are not nationals of either Party and who shall act as chairperson to the Panel of Experts.
The NAME will ensure that the list is always maintained at this level.

7. The experts proposed as panellists shall comprise individuals with specialized knowledge or
expertise in environmental law, issues addressed in this Chapter or the resolution of disputes
arising under international agreements. They shall be independent, serve in their individual
capacities and not take instructions from any organisation or government with regard to issues
related to the matter at stake, or be affiliated with the government of any Party, and shall comply
with the Code of Conduct.

8. Unless the Parties agree otherwise, within five working days of the date of the selection of the
panellists, the terms of reference of the Panel of Experts shall be:

"to examine, in the light of the relevant provisions of the Trade and Environment chapter, the
matter referred to in the request for the establishment of the Panel of Experts, and to issue a
report, in accordance with Article X (Panel of Experts) of Chapter (Trade and Environment),
making recommendations for the resolution of the matter"
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9. In matters related to the respect of multilateral agreements as set out in Article X.3, the Panel
should seek views and information from relevant MEA bodies, including any pertinent available
interpretative guidance, findings or decisions adopted by those bodies.
62

10. The Panel of Experts shall issue to the Parties an interim and a final report setting out the
findings of facts, its determinations 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 submit 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 on the interim report within 45 days of its
presentation. After considering any such comments, the Panel of Experts may reconsider its
report or make any further examination it considers appropriate. The Panel of Experts shall
submit 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 issuance.

11. If in the final report the Panel determines that there has been non-conformity, the Parties
shall engage in discussions and shall endeavour, within three months from the submission of the
final report and taking into account that report, to identify appropriate measures or, where
appropriate, to decide upon a mutually satisfactory action plan. The Party concerned shall keep
informed in a timely manner its civil society organisations through the consultative mechanisms
referred to in Art.X.13(4) and the other Party of its decisions on any actions or measures to be
implemented. The follow-up to the report and the recommendations of the Panel of Experts shall
be monitored by the NAME. The civil society organisations through the consultative
mechanisms referred to in Art. X.13(4) and the Civil Society Forum may submit observations to
the NAME in this regard.

12. If the Parties reach a mutually agreed solution to a matter during the time that a Panel of
Experts has been established, they shall notify the [NAME] and the Panel of Experts of any such
solution. Upon notification, the panel procedure shall be terminated.

ARTICLE X.16: Dispute Resolution

1. For any matter arising under this Chapter where there is disagreement between the
Parties, the Parties shall only have recourse to the rules and procedures provided for in Articles
X.14 and X.15.

2. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the
matter. At any time, the Parties may have recourse to good offices, conciliation, or mediation to
resolve that matter.
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This provision shall be applied in accordance with rule 43 of the Rules of Procedure set out in Annex I of Chapter
XX (Dispute Settlement)
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26. REGULATORY COOPERATION

REGULATORY COOPERATION

Article X.1: Scope

This Chapter applies to the development, review and methodological aspects of regulatory
measures of the Parties' regulatory authorities that are covered by, inter alia, the TBT Agreement,
the SPS Agreement, the GATT 1994, the GATS, and Chapters X (TBT); X (SPS); X (CBTS); X
(Environment); X (SD) and X (Labour); of this Agreement.

Article X.2: Principles

1. The Parties affirm their rights and obligations relating to regulatory measures under the
TBT Agreement, SPS Agreement, GATT 1994 and GATS.

The Parties commit themselves to ensuring high levels of protection for human, animal and plant
life or health, and the environment in accordance with the TBT Agreement, SPS Agreement,
GATT 1994 and GATS.

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.

Without limiting the ability of each Party to carry out its regulatory, legislative and policy
activities, the Parties commit themselves to further developing their 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 through
pursuing regulatory compatibility, recognition of equivalence, and convergence; and (c) promote
transparent, efficient and effective regulatory processes that better support public policy
objectives and fulfil the mandates of regulatory bodies, including through the promotion of
information exchange and enhanced use of best practices.

The provisions of this Chapter replace the Government of Canada European Commission
Framework on Regulatory Cooperation and Transparency and shall govern the activities
previously undertaken in the context of that Framework.

The Parties may undertake regulatory cooperation activities, on a voluntary basis. For greater
certainty, neither Party is obliged to enter into particular regulatory cooperation activities, and
either Party may refuse to cooperate or may withdraw from cooperation. However, if a Party
refuses to initiate regulatory cooperation or withdraws from such cooperation, it should be
prepared to explain the reasons for its decision to the other Party.

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Article X.3 Objectives of Regulatory Cooperation

The objectives of regulatory co-operation include:

(a) Contributing 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 reviews 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 for identifying,
assessing and managing risks.

(b) Building trust, deepening mutual understanding of regulatory governance and obtaining from
each other the benefit of expertise and perspective 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) recognize the associated impacts of regulations;

(vi) avoid unnecessary regulatory differences; and

(vii) improve regulatory implementation and compliance.

(c) Facilitating bilateral trade and investment by:

(i) building on previously existing co-operative arrangements;

(ii) reducing unnecessary differences in regulation; and
(iii) identifying new ways of working for co-operation in specific sectors.

(d) Contributing to the improvement of competitiveness and efficiency of industry by:
(i) minimizing administrative costs wherever possible;

(ii) reducing duplicative regulatory requirements and consequential compliance costs wherever
possible; and

(iii) pursuing compatible regulatory approaches including, if possible and appropriate, through:

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a). the application of regulatory approaches which are technology-neutral, and
b). the recognition of equivalence or the promotion of convergence.

Article X.4 Regulatory Cooperation Activities

The Parties endeavour to fulfill the objectives set out in Article X.3 by undertaking regulatory
co-operation activities. These activities may include:

1. Engaging in ongoing bilateral discussions on regulatory governance, including to:

(a) discuss regulatory reform and its effects on the Canada-EU relationship;

(b) identify lessons learned;

(c) explore, if appropriate, alternative approaches to regulation; and

(d) exchange experiences with regulatory tools and instruments, including regulatory impact
assessments, risk assessment and compliance and enforcement strategies.

2. Consulting with each other as appropriate and exchanging information during the regulatory
development process. This consultation and exchange may occur throughout the regulatory
development process, and should begin as early as possible in that process.

3. Sharing non-public information to the extent that such information may be made available to
foreign governments in accordance with the applicable rules of the Party.

4. Sharing proposed technical or sanitary and phytosanitary regulations that may have an impact
on trade with the other Party at as early a stage as possible so that comments and proposals for
amendments may be taken into account,

5. Providing, upon request by the other Party, copies of the proposed regulation, subject to
applicable privacy laws, and allowing sufficient time for interested parties to provide comments
in writing.

6. Exchanging information about contemplated regulatory actions, measures or amendments
under consideration, at the earliest stage possible, in order to:

(a) better understand the rationale behind regulatory choices, including instrument choice,
and examine the possibilities for greater convergence on how to state the objectives of
regulations and how to define their scope. The interface between regulations, standards and
conformity assessment should also be addressed in this context;

(b) compare methods and assumptions used in analyzing regulatory proposals, including,
when appropriate, analysis of technical or economic practicability and benefits in relation to the
objective pursued of any major alternative regulatory requirements and approaches considered.
This information exchange may also include compliance strategies and impact assessments,
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including a comparison of the potential cost-effectiveness of the regulatory proposal to that of
major alternative regulatory requirements and approaches considered;

7. Examining opportunities to minimize unnecessary divergences in regulations through means
such as:

(a) Conducting concurrent or joint risk assessments and regulatory impact
assessments if practicable and mutually beneficial,

(b) achieving harmonized, equivalent or compatible solutions, or

(c) considering the use of mutual recognition in specific cases.

8. Cooperating on issues regarding the development, adoption, implementation and maintenance
of international standards, guides and recommendations.

9. Examining the appropriateness and possibility of collecting the same or similar data about the
nature, extent and frequency of problems potentially warranting regulatory action when it would
expedite making statistically significant judgments about those problems.

10. Periodically conducting comparisons of data collection practices.

11. Examining the appropriateness and the possibility of using the same or similar assumptions
and methodologies as those used by the other Party when analyzing data and assessing
underlying issues to be addressed through regulation in order to:

reduce differences in identifying issues; and

promote similarity of results.

12. Periodically comparing analytical assumptions and methodologies.

13. Exchanging information on the administration, implementation and enforcement of
regulations, as well as on the means to obtain and measure compliance.

14. Conducting co-operative research agendas in order to:

(a) reduce duplicative research;

(b) generate more information at less cost;

(c) gather the best data;

(d) establish, when appropriate, a common scientific basis;

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(e) address the most pressing regulatory problems in a more consistent and performance-
oriented manner; and

(f) minimize unnecessary differences in new regulatory proposals while more effectively
improving health, safety and environmental protection.

15. Conducting post-implementation reviews of regulations or policies.

16. Comparing methods and assumptions used in those post-implementation reviews.

17. When applicable, making summaries of the results of those post-implementation reviews
available to each other.

18. Identifying the appropriate approaches to reducing any 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
distorting regulatory instruments, and use of international standards including standards and
guides for conformity assessment.

19. Exchanging information, expertise and experiences in the field of animal welfare in order to
promote collaboration on animal welfare between the Parties.

Article X.5: Compatibility of Regulations

With a view to enhancing convergence and compatibility between 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. This consideration does not prevent either Party from
adopting differing measures or pursuing differing approaches for reasons including different
institutional and legislative approaches, or circumstances, values or priorities particular to that
Party.

Article X.6: Role and Composition of the Regulatory Cooperation Forum

A Regulatory Cooperation Forum (the RCF) shall be established to facilitate and promote
regulatory cooperation between the Parties in accordance with the provisions of this Chapter.

2. The RCF shall perform the following functions:

(a) Provide a setting for discussion of regulatory policy issues of mutual interest identified by
the Parties through, inter alia, any consultations conducted in accordance with Article X.8;

(b) Assist individual regulators in identifying potential partners for cooperation activities and
provide appropriate tools, such as model confidentiality agreements;

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(c) Review regulatory initiatives, whether in progress or anticipated, that either Party considers
provide potential for cooperation; these reviews, which will be carried out in consultation with
regulatory departments and agencies, should support the implementation of this Chapter;

(d) Encourage the development of bilateral cooperation activities in accordance with Article
X.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 together invite other interested parties
to participate in the meetings of the RCF.

4. The RCF shall:

(a) adopt its own 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;

(c) report to the [CETAs Trade Council] on the implementation of this Chapter as
appropriate.

Article X.7: Further Cooperation of the Parties

Pursuant to Article X.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, where appropriate, new technical regulations, and the amendments
to existing technical regulations that are likely to be proposed or adopted.

The Parties may facilitate regulatory cooperation through the exchange of officials pursuant to a
specified arrangement.

The Parties endeavour to cooperate and share information on a voluntary basis in the area of non-
food product safety. Such cooperation or exchange of information may in particular relate to:

scientific, technical, and regulatory matters, to help improve non-food product safety;

emerging issues of significant health and safety relevance falling within the scope of their
respective authority;

standardisation related activities;
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market surveillance and enforcement activities;

risk assessment methods and product testing;

coordinated product recalls or other similar actions.

The Parties may establish reciprocal information exchange on the safety of consumer products
and on preventive, restrictive and corrective measures taken in this regard. In particular, Canada
may receive access to selected information from the EU RAPEX alert system, or, if applicable,
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 EU
may receive early warning information on restrictive measures and product recalls from Canada's
consumer product incident reporting system, known as RADAR, or, if applicable, its successor,
with respect to consumer products as defined in the Canada Consumer Product Safety Act and
cosmetics as defined in the Food and Drugs Act. This reciprocal exchange of information shall
be possible on the basis of a separate arrangement laying down the details referred to under
paragraph 6.

Before the first information exchange provided for under paragraph 5, the Parties shall ensure
that the detailed measures to implement such exchanges are endorsed by <a CETA Committee to
be determined>. These detailed measures shall include specification on the type of information
to be exchanged, the modalities for the exchange, the application of confidentiality rules and
rules on personal data protection.

The <CETA committee to be determined> shall endorse the detailed measures under paragraph 6
within 1 year from the date of entry into force of the Agreement unless extended by the Parties.

The Parties may make modifications or corrections to the detailed measures referred to in
paragraph 6. Any modification or correction to the detailed measures shall be endorsed by the
<relevant CETA Committee>.

References in this Article to specific laws, regulations or other legal instruments of a Party
include, if applicable, any subsequent amendments or successors to them.

Article X.8: Consultations with Private Entities

In order to gain non-governmental perspectives, the Parties may jointly or separately consult, as
appropriate, with stakeholders and interested parties, including representatives from academia,
think-tanks, non-governmental organizations, business, consumer and other organizations by any
means they deem appropriate on matters relating to the implementation of this Chapter.

Article X.9: Contact Points
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The Contact Points responsible for communications related to matters arising under this Chapter
are:

in the case of Canada: the Technical Barriers and Regulations Division of the Department of
Foreign Affairs, Trade and Development or its successor;

in the case of the European Union: the International Affairs Unit of the Directorate-General for
Enterprise and Industry, European Commission, or its successor.

2. Each Contact Point is responsible for consulting and coordinating with its respective
regulatory departments and agencies, as appropriate, in matters arising under this Chapter.


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Conformity Assessment
405
27. PROTOCOL ON THE MUTUAL ACCEPTANCE OF THE RESULTS OF
CONFORMITY ASSESSMENT

Protocol to the Comprehensive Economic and Trade Agreement between the European
Union and Canada
on the Mutual Acceptance of the Results of Conformity Assessment

Article 1
Scope and exceptions

1. This Protocol applies to those categories of goods listed in Annex 1 for which a Party
recognizes non-governmental bodies for the purpose of assessing conformity of goods with that
Partys technical regulations.

2. The Parties shall consult within three years of the entry into force of this Agreement with
a view to broadening the scope of application of this Protocol, set out in 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 Partys 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 recognized non-governmental bodies pursuant to technical regulations adopted by either Party
after the date of entry into force of this Agreement. To that end, the Party having adopted such a
technical regulation shall promptly notify the other Party in writing. If the other Party has
expressed 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. Where 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 Trade Committee to amend Annex 1.

5. This Protocol does not apply to:

sanitary and phytosanitary measures as defined in Annex A of the SPS Agreement;

purchasing specifications prepared by a governmental body for production or consumption
requirements of that body;

activities performed by non-governmental bodies on behalf of market surveillance or
enforcement authorities for post-market surveillance and enforcement, except as provided for in
Article 11 (Market Surveillance, Enforcement, and Safeguards);

406
where a Party has delegated exclusive authority to a single non-governmental body to assess
conformity of goods with that Partys technical regulations;

agricultural [products][goods];

the assessment of aviation safety, whether or not it is covered under the Bilateral Aviation Safety
Agreement (BASA); and

the statutory inspection and certification of vessels other than recreational craft.

6. Nothing in this Protocol shall be interpreted as requiring the recognition or acceptance by
a Party that the other Partys technical regulations are equivalent to its own.

7. Nothing in this Protocol shall be interpreted as limiting the ability of a Party to prepare,
adopt, apply, or amend conformity assessment procedures in accordance with Article 5 of the
WTO Agreement on Technical Barriers to Trade.

8. Nothing in this Protocol shall be interpreted as affecting or modifying the laws or
obligations in the territory of a Party applicable to civil liability.

Article 2
Definitions

For the purpose of this Protocol, except as otherwise provided herein, the definitions contained in
Annex 1 of the WTO Agreement on Technical Barriers to Trade apply. 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. The following additional
definitions also apply:

Accreditation: Third-party attestation related to a conformity assessment body conveying formal
demonstration of its competence to carry out specific conformity assessment tasks;

Accreditation body: Authoritative body that performs accreditation
63
;

Agricultural [product][good]: A [product] [good] listed in Annex 1 of the WTO Agreement on
Agriculture with any subsequent changes agreed in the WTO to be automatically effective for
this Agreement;

Attestation: The issuing of a statement based on a decision following review, that fulfilment of
specified technical requirements has been demonstrated;

Canadian technical regulation: A technical regulation of Canadas central government or of one
or more of its provinces and territories;

63
The authority of an accreditation body is generally derived from government.
407
Conformity assessment: 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: A body that performs conformity assessment activities including
calibration, testing, certification and inspection;

Decision 768/2008/EC: 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: 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: conformity assessment body that performs conformity assessment activities for
the entity of which it forms a part, including, in the case of the European Union and its Member
States, an accredited in-house body as provided by Article R21 of Annex I of 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: The Agreement on Mutual Recognition between the European
Community and Canada, done at London on 14 May 1998;

Third-party conformity assessment: 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: A conformity assessment body that performs third-
party conformity assessment.

Article 3
Recognition of Conformity Assessment Bodies

1. Canada shall recognize 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 either of the following conditions are met:

(a) the conformity assessment body is accredited, by an accreditation body recognized by
Canada, as competent to assess conformity with those requirements;

Or,

(b) (i) the conformity assessment body is accredited, by an accreditation body
that is recognised pursuant to Article 12 (Recognition of Accreditation Bodies) or Article 15
408
(Recognition of Accreditation Bodies in the Areas of Telecommunications and Electromagnetic
Compatibility), as competent to assess conformity with those requirements;

And,

(ii) the conformity assessment body has been designated by a Member State of the European
Union in accordance with the procedures set out in Article 5 (Designation of Conformity
Assessment Bodies);
And,

(iii) there are no objections pursuant to Article 6 (Objections to the Designation of
Conformity Assessment Bodies) that have not been resolved;

And,

(iv) the designation made in accordance with the procedures set out in Article 5 (Designation
of Conformity Assessment Bodies) has not been withdrawn by a Member State of the European
Union;

And,

(v) After the expiry of the period in Article 6 (Objections to the Designation of Conformity
Assessment Bodies), the conformity assessment body continues to meet all the conditions in
paragraph 5 of Article 5 (Designation of Conformity Assessment Bodies).

2. The European Union shall recognize 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 either of
the following conditions are met:

(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 requirements;
And,

(ii) the conformity assessment body has been designated by Canada in accordance
with the procedures set out in Article 5 (Designation of Conformity Assessment Bodies);

And,


And,
409

(iv) the designation made in accordance with the procedures set out Article 5 (Designation of
Conformity Assessment Bodies) has not been withdrawn by Canada;

And,

Or,

(i) the conformity assessment body is accredited, by an accreditation body that is
recognised pursuant to Article 12 (Recognition of Accreditation Bodies) or Article 15
Compatibility), as competent to assess conformity with those requirements;

And,

(ii) the conformity assessment body has been designated by Canada in accordance
with the procedures set out in Article 5 (Designation of Conformity Assessment Bodies);

And,


And,

(iv) the designation made in accordance with the procedures set out Article 5 (Designation of
Conformity Assessment Bodies) has not been withdrawn by Canada;

And,


3. Each Party shall maintain and publish a list of recognized conformity assessment bodies
which includes the scope for which each body has been recognized. The European Union shall
assign an identification number to conformity assessment bodies established in Canada that are
recognised under this Protocol, and shall list such conformity assessment bodies in the European
Unions NANDO (New Approach Notified and Designated Organisations) information system,
or a successor system.

Article 4
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Accreditation of Conformity Assessment Bodies

The Parties recognize 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 recognized pursuant either to Article 12
(Recognition of Accreditation Bodies) or to Article 15 (Recognition of Accreditation Bodies in
the Areas of Telecommunications and Electromagnetic Compatibility) as able to grant the
specific accreditation sought by the conformity assessment body. If there are no accreditation
bodies in the territory of a Party that are recognized pursuant either to Article 12 (Recognition of
Accreditation Bodies) or to Article 15 (Recognition of Accreditation Bodies in the Areas of
Telecommunications and Electromagnetic Compatibility) 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 may not take measures which limit the ability of accreditation bodies in
its territory to accredit, or discourage such accreditation bodies from accrediting, conformity
assessment bodies established in the territory of the other Party, on conditions no less favourable
than those applied for the accreditation of conformity assessment bodies established in the
recognizing Partys territory;

(c) A Party shall not take measures requiring or encouraging accreditation bodies in its
territory to apply less favourable conditions for the accreditation of conformity assessment
bodies in the territory of the other Party, 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 that it is designating that conformity assessment body, and by sending to the
contact point the information described in Annex 3 to this Protocol. The European Union shall
allow Canada to use the European Unions 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:

it meets the requirements set out in Article R17 of Annex I of Decision 768/2008/EC, or the
corresponding requirements in successor instruments except that establishment under national
law shall be interpreted as meaning Canadian law for the purposes of this Protocol;

And,
411

Either:

(i) it 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 it is being designated;

Or,

(ii) it is accredited, by an accreditation body established in Canada that has been recognised
pursuant either to Article 12 (Recognition of Accreditation Bodies of the Other Party) or to
Article 15 (Recognition of Accreditation Bodies in the Areas of Telecommunications and
Electromagnetic Compatibility), as competent to assess conformity with the European Union
technical regulations for which it is being designated.

3. The Parties shall deem the applicable requirements of Article R17 of Annex I of Decision
768/2008/EC to have been met where the conformity assessment body has been accredited
pursuant to either procedure described in subparagraph 2(b) and the accreditation body requires
as a condition for granting the accreditation that the conformity assessment body meets
requirements equivalent to the applicable requirements of Article R17 of Annex I of Decision
768/2008/EC or the corresponding requirements in successor instruments.

4. Should the European Union consider revising the requirements set out in Article R17 of
Annex I of Decision 768/2008/EC, it shall duly 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 could continue to meet any revised requirements on no less favourable terms
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:

it is established in the territory of the Member State;

And,

Either:

(i) it is accredited, by an accreditation body recognized by Canada, as competent to assess
conformity with the Canadian technical regulations for which it is being designated;

Or,

(ii) it is accredited, by an accreditation body established in the European Union that has been
recognised pursuant either to Article 12 (Recognition of Accreditation Bodies) or to Article 15
412
Compatibility), as competent to assess conformity with the Canadian technical regulations for
which it is being designated.

6. A Party may refuse to recognize a conformity assessment body that does not meet the
conditions in paragraphs 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, if either:

the Party which designated the conformity assessment body failed to provide the information
described in Annex 3 to this protocol;

Or,

(b) it has reasons to believe that the conditions described in paragraphs 2 or paragraph 5 of
Article 5 (Designation of Conformity Assessment Bodies) have not been met by the conformity
assessment body being designated.

2. Following any subsequent transmission of information, 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 paragraph 2 or

Article 7
Challenges to Designations of Conformity Assessment Bodies

1. A Party which has recognized a conformity assessment body under this Protocol may
challenge the competence of that conformity assessment body if:

the Party which designated the conformity assessment body failed, 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 such technical regulations by that conformity
assessment body, to take the actions required by paragraph 3 of Article 11 (Market Surveillance,
Enforcement and Safeguards);

Or,

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 it as being in conformity with applicable technical regulations are in fact in conformity with
these technical regulations.
413

2. A Party which challenges the competence of a recognized conformity assessment body
under this Protocol shall immediately notify the Party which designated the conformity
assessment body of the challenge, and of the reasons for the challenge.

3. A Party which:

has challenged the competence of a recognized conformity assessment body under this Protocol;

And,

has well-founded reasons to believe that the products assessed as 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 bodys conformity assessment
activities until the challenge is resolved or the recognizing Party has ceased to recognize 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 recognizing Party may cease to recognize the
conformity assessment body whose competence has been challenged if:

the Parties resolve the challenge by concluding that the recognizing Party has raised valid
concerns as to the competence of the conformity assessment body;

Or,

the Party which designated the conformity assessment body failed to complete the actions
required by paragraph 3 of Article 11 (Market Surveillance, Enforcement and Safeguards) within
60 days after being notified pursuant to paragraph 1(a);

Or both,

the recognizing 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 being in conformity with the applicable technical
regulations are in fact in conformity with these technical regulations;

And,

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.

414

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 it becomes aware that:

the conformity assessment bodys scope of accreditation has been reduced;

Or,

the conformity assessment bodys accreditation lapses;

Or,

the conformity assessment body no longer meets the other conditions in paragraphs 2 or 5 of
Article 5 (Designation of Conformity Assessment Bodies);

Or,

(d) the conformity assessment body no longer wishes, or is otherwise no longer competent or
able, to assess conformity with the scope for which it was designated.

The Party shall notify the other Party in writing.

2. 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
fulfillment by that conformity assessment body of the requirements and responsibilities to which
it is subject under Article 5 (Designation of Conformity Assessment Bodies), it shall
communicate the reasons for its decision in writing to the other Party.

3. When communicating with the other Party, a Party shall indicate the date as of which it
considers that any of the concerns enumerated under paragraphs 1 or 2, as applicable, may have
applied to the conformity assessment body.

4. Without prejudice to paragraph 5 of Article 7 (Challenges to Designations of Conformity
Assessment Bodies), the recognizing Party may immediately cease to recognize a conformity
assessment body as competent if:

The conformity assessment bodys accreditation lapses;

Or,

the conformity assessment body voluntarily withdraws its recognition;

Or,
415

the designation of the conformity assessment body is withdrawn pursuant to this Article;

Or,

the conformity assessment body ceases to be established on the territory of one of the Parties;

Or,

the recognizing Party ceases to recognize the accreditation body which accredits the conformity
assessment body pursuant to Article 13 (Cessation of the Recognition of Accreditation Bodies)
or Article 14 (Challenges to the Recognition of Accreditation Bodies).

Article 9
Acceptance of the Results of Conformity Assessment by Recognized Conformity Assessment
Bodies

1. A Party shall accept the results of conformity assessment activities performed by
conformity assessment bodies established in the other Partys territory which it recognizes in
accordance with Article 3 (Recognition of Conformity Assessment Bodies) under conditions no
less favourable than those applied to the results of conformity assessment activities performed by
recognized conformity assessment bodies in its territory. Results shall be accepted 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 were performed.

2. Where a Party has ceased to recognize a conformity assessment body established on the
territory of the other Party, it may cease to accept the results of conformity assessment activities
performed by such a conformity assessment body from the date when it ceased to recognize that
conformity assessment body. Unless the Party has reasons to believe that the conformity
assessment body established on 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 recognize that conformity assessment body, the Party shall continue to accept the
results of conformity assessment activities performed by such a conformity assessment body
prior to the date when the Party ceased to recognize 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 Canadian In-house Bodies

The European Union shall accept the results of conformity assessment activities performed by
accredited in-house bodies established in Canada under conditions no less favourable than those
applied to the results of conformity assessment activities performed by accredited in-house
bodies established in the territory of one of the Member States of the European Union, provided
that either of the following conditions are met:
416

(a) the in-house body 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
requirements;

Or,

(b) the in-house body is accredited, by an accreditation body that has been recognised pursuant
to Article 12 (Recognition of Accreditation Bodies) or Article 15 (Recognition of Accreditation
Bodies in the Areas of Telecommunications and Electromagnetic Compatibility), as competent to
assess conformity with those requirements.

Results 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 recognized conformity assessment
body established in the territory of the other Party or an in-house body which meets
the conditions of Article 10 (Acceptance of Results of Conformity Assessment by Canadian In-
house Bodies), are conducted under conditions no less favourable than those conducted with
respect to products assessed by conformity assessment bodies in the territory of the recognizing
Party. The Parties shall co-operate as necessary in the conduct of such activities.

2. A Party may take measures with respect to a product the placing or use of which on the
market may compromise the fulfillment of a legitimate objective, provided that those measures
are consistent with the provisions of this Agreement. These measures could include withdrawing
such a product from the market, prohibiting its placement on the market or restricting its
movement. A Party that takes such a measure shall promptly inform the other Party and provide,
upon request of that other Party, its reasons for taking the measure.

3. A Party shall, upon receipt of a written complaint by the other Party, supported by
evidence, that products assessed by a conformity assessment body it designated do not comply
with applicable technical regulations, promptly seek additional information from the designated
conformity assessment body, its accreditation body and relevant operators where necessary,
investigate the complaint and provide a written reply to the complaint. A Party may take these
actions through an accreditation body.

Article 12
Recognition of Accreditation Bodies

417
1. A Party ("the recognizing 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
("the nominating Party") as competent to accredit conformity assessment bodies as, themselves,
competent to assess conformity with the relevant technical regulations of the recognizing Party.

2. The nominating Party may request that the other Party recognize an accreditation body
established on its territory as competent by providing a notification to the recognizing Party with
the following information regarding the nominated accreditation body:

its name, address and contact details;

evidence that its authority is derived from the government;

whether it acts on a non-commercial and non-competitive basis;

evidence of its independence of the conformity assessment bodies it assesses and of commercial
pressures, so as to ensure that no conflicts of interest with conformity assessment bodies occur;

evidence that it is organised and operated so as to safeguard the objectivity and impartiality of its
activities and the confidentiality of the information obtained;

evidence that each decision relating to the attestation of competence of conformity assessment
bodies is taken by competent persons different from those who carried out the assessment;

the scope for which its recognition is sought;

evidence of its competence to accredit for such scope, referring to applicable international
standards, guides and recommendations, and applicable European or Canadian standards,
technical regulations and conformity assessment procedures;

evidence of the internal procedures it has set up to ensure efficient management and appropriate
internal controls, including the procedures in place for documenting the duties, responsibilities
and authorities of personnel who could affect the quality of the assessment and of the attestation
of competence;

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;

whether or not it is appointed for such scope 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,
418

(m) any other information as may be agreed as necessary by the Parties.

3. Differences may exist between the Parties standards, technical regulations and
conformity assessment procedures. Where such differences exist, the recognizing Party may
seek to assure itself that a nominated accreditation body is competent to accredit conformity
assessment bodies as competent to assess conformity with relevant technical regulations of the
recognizing Party. The recognizing Party may assure itself based on:

(a) a cooperation arrangement 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 recognizing Party.

4. Pursuant to a request made under paragraph 2, and subject to paragraph 3, a Party shall
recognize a competent accreditation body established in the territory of the other Party under
conditions no less favourable than those applied for the recognition of accreditation bodies
established in its territory.

5. The recognizing Party shall respond within 60 days to a request made under the terms of
paragraph 2, stating either,

(a) that it recognises the nominating Party's accreditation body as competent to accredit
conformity assessment bodies for the scope proposed;

Or,

(b) that it will recognize the nominating Partys accreditation body as competent to accredit
conformity assessment bodies for the scope proposed following necessary legislative or
regulatory amendments. Such a response shall include an explanation of the amendments
required and an estimate of the timeframe required for the amendments to come into force;

Or,

(c) that the nominating Party failed to provide the information described in paragraph 2. Such a
response shall include a statement of what information is missing;

Or,

(d) that it does not recognize the nominated accreditation body as competent to accredit
conformity assessment bodies for the scope proposed. Such a statement shall be justified in an
objective and reasoned manner, and shall state explicitly the conditions under which recognition
would be granted.

419
6. Each Party shall publish the names of the accreditation bodies of the other Party that it
recognizes, and, for each such accreditation body that it recognizes, the scope of the technical
regulations for which it recognizes that accreditation body.

Article 13
Cessation of the Recognition of Accreditation Bodies

If a recognized accreditation body ceases to be a signatory of a multilateral or regional
arrangement identified in subparagraph 2(l) of Article 12 (Recognition of Accreditation Bodies),
or of a cooperation arrangement of the type described in paragraph 3 of Article 12 (Recognition
of Accreditation Bodies), the Party may cease to recognize that accreditation body as competent,
and any conformity assessment bodies recognized 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 (Cessation of the Recognition of Accreditation Bodies),
the recognizing Party may challenge the competence of an accreditation body that it has
recognized under paragraph 5(a) or (b) of Article 12 (Recognition of Accreditation Bodies) 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 recognizing Party. The recognizing 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 resolve the challenge
promptly. If a cooperation arrangement between the European and Canadian accreditation
systems or bodies has been concluded pursuant to paragraph 3 of Article 12 (Recognition of
Accreditation Bodies), then the Parties shall ensure that the European and Canadian accreditation
systems or bodies seek to resolve the challenge on behalf of the Parties.

3. The recognizing Party may cease to recognize the nominated accreditation body whose
competence has been challenged and any conformity assessment bodies recognized on the basis
that they were accredited solely by that accreditation body if:

the Parties, including through the efforts of the European and Canadian accreditation systems,
resolve the challenge by concluding that the recognizing Party has raised valid concerns as to the
competence of the nominated accreditation body;

Or both,

420
the recognizing 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 recognizing Party;

And,

the challenge has not been resolved within 120 days after the nominated Party has been notified
of the challenge.

Article 15
Recognition of Accreditation Bodies in the Areas of Telecommunications and Electromagnetic
Compatibility

1. For technical regulations related to telecommunications terminal equipment, information
technology equipment, apparatus used for radio communication, and electromagnetic
compatibility, the accreditation bodies recognized by Canada shall include, from the date of
entry into force of this Protocol:

for test laboratories, any national accreditation body of a Member State of the European Union
that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual
Recognition Arrangement;

And,

for certification bodies, any national accreditation body of a Member State of the European
Union that is a signatory to the International Accreditation forum (IAF) Multilateral Recognition
Arrangement.

2. For the technical regulations described in paragraph 1, the accreditation bodies
recognized by the European Union shall include, from the date of entry into force of this
Protocol, 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 will automatically become a recognized conformity assessment
body under this Protocol, on the date of entry into force of this Protocol.

Article 17
Communication

421
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 the Protocol

The [Committees] functions include:

managing the implementation of this Protocol;

addressing any matter that a Party may raise related to this Protocol;

developing recommendations for amendments to this Protocol for consideration by the [CETA
Trade Council];

taking any other step that the Parties consider will assist them in implementing this Protocol;

And,

reporting to the [CETA Trade Council] on the implementation of this Protocol, as appropriate.

Article 19
Other Provisions

The procedures of the Dispute Settlement Chapter of the CETA apply to this Protocol.

Article 20
Entry into Force

This Protocol shall enter into force on the date of entry into force of the CETA.

422
ANNEX 1
Product Coverage

Electrical and electronic equipment, including electrical installations and appliances, and related
components
Radio and telecommunications terminal equipment;
Electromagnetic compatibility (EMC)
Toys;
[Construction products];
Machinery, including parts, components, including safety components, interchangeable
equipment, and assemblies of machines;
Measuring instruments;
Hot-water boilers, including related appliances;
[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)];
[Equipment for use outdoors as it relates to noise emission in the environment];
Recreational craft, including their components.

423
ANNEX 2
Priority categories of goods for consideration for inclusion in Annex 1 pursuant to Article 1(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
f) Equipment placed on board of a ship

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ANNEX 3
Information to be Included as part of a Designation
[To be reviewed by technical experts ahead of legal scrub]

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 bodys scope of accreditation);

(ii) the accreditation certificate and the related scope of accreditation;

And,

(iii) the bodys 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 (Telecommunications and
Electromagnetic Compatibility):

(i) the certification bodys registered certification mark, including the qualifying statement
64
;

And,

(c) when a Member State of the European Union designates a conformity assessment body in
regards to technical regulations described in Article 15 (Telecommunications and
Electromagnetic Compatibility):

(i) in the case of a certification body:

its unique identifier
65
;

an application for recognition signed by the body in accordance with CB-01 (Requirements for
Certification Bodies), or its successor;

And,

64
The qualifying statement normally takes the form of a small c placed beside the certification bodys registered
certification mark to indicate that a product conforms with applicable Canadian technical regulations.
65
A unique six-character identifier comprised of two letters (usually the ISO 3166 country code) followed by four
numbers.
425
(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 Canadas Standards and Specifications), or its
successor;

And,

(ii) in the case of a testing laboratory:

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.


426
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427
28. PROTOCOL ON THE GOOD MANUFACTURING PRACTICES FOR
PHARMACEUTICAL PRODUCTS

Protocol to the Comprehensive Economic and Trade Agreement between the European
Union and Canada on the Mutual Recognition of the Compliance and Enforcement
Programme regarding Good Manufacturing Practices for Pharmaceutical Products

Article 1
Definitions

1. For purposes of this Protocol:

certificate of GMP compliance means a certificate issued by a regulatory authority attesting to
the GMP compliance of a manufacturing facility;

equivalent authority means a regulatory authority of a Party that is recognized 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, or qualifying as a pharmaceutical product, being it finished, intermediate, investigational
product or active substance under the applicable EU legislation;

on-site evaluations (OSE) means a product-specific evaluation conducted in the context of a
marketing application for a medicinal product or drug at the site(s) of manufacture to assess
conformity of the premises in which the medicinal product or drug is manufactured, the process,
conditions and control of manufacture with the information submitted, and to address any
outstanding issues from the evaluation;

regulatory authority means an entity in a State having the legal right, under the law of the
relevant Party, to supervise and control medicinal products or drugs within that State.

2. Where this Protocol refers to legal instruments in whole or in part, such references
include amendments to those instruments or parts of instruments, and successor instruments or
parts of instruments.

3. Unless specified otherwise, where this Protocol refers to inspections, these references do
not include on-site-evaluations.

Article 1bis
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428
Objective

The objective of this Protocol is to strengthen the cooperation between the Parties' authorities in
ensuring that medicinal products and drugs meet appropriate quality standards through the
mutual recognition of certificates of GMP compliance.

Article 2
Product Scope

This Protocol applies to all medicinal products or drugs to which GMP requirements apply in
both Parties, as set out in Annex II (Medicinal Products or Drugs).

Article 3
Recognition of Regulatory Authorities

1. The procedure for evaluating a new regulatory authority listed in Annex III (Regulatory
Authorities), as equivalent must be conducted in accordance with Article 11 (Equivalence of
New Regulatory Authorities).

3. Each Party shall ensure that a list of regulatory authorities that it recognizes as
equivalent, including any modifications, is publicly available.

Article 4
Mutual Recognition of Certification of GMP Compliance

1. A Party shall accept a certificate of GMP compliance issued by an equivalent authority of
the other Party, in accordance with paragraph 3, as demonstrating that the manufacturing facility,
located in the territory of either Party, covered by the certificate complies with the good
manufacturing practices identified in the certificate.

2. A Party may accept a certificate of GMP compliance issued by an equivalent authority
with respect to a manufacturing facility outside the territory of either Party, in accordance with
paragraph 3. That 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 that the equivalent authority that issued the certificate last inspected the
manufacturing facility;

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429
(c) the manufacturing processes and where 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, then that other Party shall ensure that that equivalent authority issues a certificate of
GMP compliance:

(a) within 30 calendar days of the date that the certifying authority receives the
request for the certificate, if a new inspection is not required, and

(b) within 90 calendar days of the date that the certifying authority receives the
request for the certificate, if a new inspection is required, and the manufacturing facility passes
the inspection.

Article 5
Other Recognition of Certificates of GMP Compliance

1. A Party may accept certificates of GMP compliance with respect to medicinal products or
drugs that are not included under Annex II.2 (Medicinal Products or Drugs).

2. A Party intending to accept certificates under paragraph 1 may determine the terms and
conditions under which it will accept such certificates.

Article 6
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 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.

(c) the batch certificate is signed by the person responsible for releasing the batch for sale or
supply; and

2. Notwithstanding paragraph 1, nothing shall affect a Partys right to conduct official batch
release.

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430
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.

(b) for sale or supply of a drug for manufacturing facilities in Canada, the person in charge of
the quality control department, as provided for by the Food and Drugs Regulations, Part C,
Division 2, section C.02.014.

Article 7
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 authority of the other Party.

2. A Party wishing to exercise the right described in paragraph 1 shall notify the other Party
in writing prior to conducting its own on-site evaluation, 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. That
other Party has the right to join the on-site evaluation of the Party.

Article 8
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 on-site evaluations 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 13 (Confidentiality).

Article 9
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 authority of the other Party. Recourse to this right
should be an exception from the normal practice of the Party.
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431

2. A Party wishing to exercise the right described in paragraph 1 shall notify the other Party
in writing prior to conducting its own inspection, and inform that other Party of its 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. That
other Party has the right to join the inspection of the Party.

Article 10
Two-way Alert Programme and Information Sharing

1. A Party shall, as provided in the Two Way Alert Programme under the GMP
Administrative Arrangement referred to in Article 14.3 (Management of the Protocol):

ensure that any restriction, suspension or withdrawal of a manufacturing authorization 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

when relevant, proactively notify the other Party in writing of any confirmed reports of serious
problems 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 problems related to quality
defects, batch recalls, counterfeited or falsified medicinal products or drugs, or potential serious
shortages.

2. A Party shall, as provided in the Components of the Information Sharing Process under
the GMP Administrative Arrangement referred to in Article 14.3 (Management of the Protocol):

respond to special requests for information, including reasonable requests for inspection reports
and on-site evaluation reports.

ensure that, at the request of the other Party or of an equivalent authority of the other Party,
equivalent authorities within its territory provide relevant information.

3. A Party shall provide the other Party, through written notification, contact points for each
equivalent authority in its territory.

Article 11
Equivalence of New Regulatory Authorities

1. A Party (the requesting Party) may request that a regulatory authority in its territory
that is not recognized as equivalent to regulatory authorities in the other Party (the evaluating
Party), be evaluated to determine whether it should be recognized as equivalent. Upon receiving
the request, the evaluating Party shall conduct an evaluation pursuant to the Procedure for
GMP
432
Evaluating New Regulatory Authorities under the GMP Administrative Arrangement referred to
in Article 14.3 (Management of the Protocol).

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 14.3 (Management of the Protocol). 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, then it shall notify the requesting Party in writing that it
recognizes the new regulatory authority as equivalent.

4. If, upon completion of its evaluation, the evaluating Party does not determine that the
new regulatory authority is equivalent, then the evaluating Party shall provide to the requesting
Party a written justification demonstrating that it has well-founded reasons for not recognizing
that the new regulatory authority is equivalent. At the request of the requesting Party, the Joint
Sectoral Group must consider the evaluating Partys refusal to recognize 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, then, the evaluating Party shall provide to the requesting Party a written
justification demonstrating that it has well-founded reasons for determining that the new
regulatory authority is only equivalent for the more limited scope. At the request of the
requesting Party, the Joint Sectoral Group must consider the evaluating Partys refusal to
recognize the new regulatory authority as equivalent, and may provide recommendations to
assist both Parties to resolve the matter.

Article 12
Equivalence Maintenance Programme

1. The Parties shall, through the Joint Sectoral Group, develop an equivalence maintenance
programme under the GMP Administrative Arrangement referred to in Article 14.3
(Management of the Protocol) to maintain the equivalence of the regulatory authorities. Each
Party shall act in accordance with this programme when deciding whether to change the
equivalency 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 11 (Equivalence of New Regulatory Authorities). The scope of re-evaluation shall be
limited to the elements having caused the change of the equivalence status.
GMP
433

3. The Parties shall exchange all the information that is necessary to ensure that both Parties
remain confident that equivalent 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 13
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 14
Management of the Protocol

1. The Parties establish a Joint Sectoral Group on Pharmaceuticals (Joint Sectoral Group),
composed of representatives from both Parties.

2. The Joint Sectoral Group shall establish its composition and determine its rules and
procedures.

[5. The following Annexes are integral part of this Protocol:
- Annex I (Applicable Legislation);
- Annex II (Medicinal Products or Drugs);
- Annex III (Regulatory Authorities)]

3. The Parties shall, through the Joint Sectoral Group, conclude a GMP Administrative
Arrangement to facilitate the effective implementation of this Protocol. The GMP Administrative
Arrangement shall include:

the Joint Sectoral Group Terms of Reference;

the Two Way Alert Programme;

the list of contact points responsible for matters arising under this Protocol;
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434

the Components of the Information Sharing Process ;

(e) the Components of a GMP 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 Trade Committee.

6. Pursuant to paragraph 5, the Joint Sectoral Group shall review the Operational Scope of
Medicinal Products or Drugs under Annex II.2 with a view to including those medicinal products
or drugs listed in Annex II.1.

Article 15
Fees

1. For the purposes of this article, fees includes cost-recovery measures such as user fees,
regulatory charges and amounts set under a contract.

2. A Party shall have the right to determine any fees 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. In case of an inspection or on-site evaluation conducted by one Party at the request of the
other Party, the fees charged to a manufacturing facility must be consistent with paragraphs 1
and 2.

Article 16
Relationship to the CETA

This Protocol constitutes an integral part of the [CETA].
Annex I
Applicable Legislation

For the European Union:

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435
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 (as amended);

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 (as amended);

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;

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.

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436
Annex II
Medicinal Products or Drugs

1. Scope of Medicinal Products or Drugs

This Protocol applies to the following medicinal products or drugs as defined in the legislation of
the Parties referred to in Annex I, provided that the GMP requirements and compliance
programmes of both Parties, with respect to these medicinal products or drugs, are equivalent:

human pharmaceuticals including prescription and non-prescription drugs and medicinal gases;
human biologicals including immunologicals, stable medicinal products derived from human
blood or human plasma, and biotherapeutics;
human radiopharmaceuticals;
veterinary pharmaceuticals, including prescription and non-prescription drugs, and pre-mixes for
the preparation of veterinary medicated feeds;
veterinary biologicals;
where appropriate, vitamins, minerals, herbal remedies and homeopathic medicinal products;
active pharmaceutical ingredients;
intermediate products and bulk pharmaceuticals (e.g. bulk tablets);
products intended for use in clinical trials or investigational medicinal products; and
advanced therapy medicinal products.

2. Operational Scope of Medicinal Products or Drugs

Further to paragraph 1, the GMP requirements and compliance programmes of both Parties are
equivalent for the following medicinal products or drugs:

human pharmaceuticals including prescription and non-prescription drugs and medicinal gases;
human biologicals including immunologicals and biotherapeutics;
human radiopharmaceuticals;
veterinary pharmaceuticals, including prescription and non-prescription drugs, and pre-mixes for
the preparation of veterinary medicated feeds;
intermediate products and bulk pharmaceuticals;
products intended for use in clinical trials or investigational medicinal products; manufactured by
the manufacturers holding a manufacturing authorisation or establishment licence; and
vitamins, minerals and herbal remedies, homeopathic medicinal products (known in Canada as
Natural Health Products (NHP)) manufactured by manufacturers holding a manufacturing
authorisation or establishment licence, in the case of Canada.

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437
Annex III
Regulatory Authorities*

* [Note: names of organizations to be confirmed by legal scrub.]

The Parties recognize the following entities, or their successors notified by a Party through 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
See responsible authority
for human medicinal
products
Czech Republic State Institute for Drug
Control/
Sttn stav pro Kontrolu
Lciv (SKL)
Institute for State Control of
Veterinary Biologicals and
Medicaments/
stav pro Sttn Kontrolu
Veterinrnch Bioprepart
a Lciv (SKVBL)
Republic of Croatia Agency for Medicinal
Products and Medical
Devices (HALMED)/
Agencija za Lijekove i
Medicinske Proizvode
Ministry of Agriculture,
Veterinary Department/
Ministarstvo Poljoprivrede
Uprava veterinarstva

Denmark The Danish Medicines
Agency/
Laegemiddelstyrelsen
for human medicinal
products
Germany Federal Institute for Drugs
and Medical Devices/
Bundesinstitut fr
Arzneimittel und
Medizinprodukte (BfArM)
Federal Ministry of Health/
Bundesministerium fr
Gesundheit (BMG)
Estonia State Agency of Medicines/
Ravimiamet
for human medicinal
products
Greece National Organisation for
Medicines/
Ethnikos Organismos
Farmakon (EOF) -
(I
for human medicinal
products
GMP
438
I
))
Spain Spanish Agency of
Medicines and Health
Products /
Agencia Espaola de
Medicamentos y Productos
Sanitrios
for human medicinal
products
France National Agency for the
Safety of Medicine and
Health Products/
Agence nationale de
scurit du mdicament et
des produits de sant
(ANSM)
National Agency for
Veterinary Medicinal
Products/
Agence Nationale du
Mdicament Vtrinaire
Ireland Irish Medicines Board See responsible authority
for human medicinal
products
Italy Italian Medicines Agency/
Agenzia Italiana del
Farmaco/

Ministry of Health,
Direction General of
Animal Health and
Veterinary Drug/
Ministero della Salute,
Direzione Generale della
Sanit Animale e del
Farmaco Veterinario/
Cyprus Ministry of Health -
Pharmaceutical Services/
,

Ministry of Agriculture,
Veterinary Services/
,

Latvia State Agency of Medicines/
Zu valsts aentra
Food and Veterinary
Service, Division of the
Marketing Authorisation for
Veterinary
Medicinal Products/
Prtikas un veterinr
dienesta
Lithuania State Medicines Control
Agency/
Valstybin vaist kontrols
tarnyba
State Food and Veterinary
Service/
Valstybins maisto ir
veterinarijo tarnyba
Luxembourg Minstere de la Sant,
Division de la Pharmacie et
des Mdicaments
for human medicinal
products
Hungary National Institute of
Pharmacy/
Directorate of Veterinary
Medicinal Products/
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439
Orszgos Gygyszerszeti
Intzet (OGYI)
llatgygyszati Termkek
Igazgatsga (TI)
Malta Medicines Regulatory
Authority
Medicines Regulatory Unit
- Veterinary Medicines and
Animal Nutrition Section,
Agriculture and Fisheries
Regulation Department,
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/
sterreichische Agentur fr
Gesundheit und
Ernhrungssicherheit
GmbH
for human medicinal
products
Poland The Main Pharmaceutical
Inspectorate/
Gwny Inspektorat
Farmaceutyczny (GIF)/

for human medicinal
products
Portugal National Authority of
Medicines and Health
Products /
INFARMED
Instituto Nacional da
Farmcia e do
Medicamento
General Directorate of
Food and Veterinary /
GDAV Direco Geral de
Alimentao e Veterinria
(PT)

Slovenia Agency for Medicinal
Products and Medical
Devices of the Republic of
Slovenia/
Javna agencija Republike
Slovenije za zdravila in
medicinske pripomoke
(JAZMP)
for human medicinal
products
Slovak Republic
(Slovakia)
State Institute for Drug
Control/
ttny stav pre kontrolu
lieiv (SUKL)
Institute for State Control of
Veterinary Biologicals and
Medicaments/
stav ttnej kontroly
veterinrnych bioprepartov
a lieiv (USKVBL)
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440
Finland Finnish Medicines Agency/
Lkealan turvallisuus- ja
kehittmiskeskus
for human medicinal
products
Sweden Medical Products Agency/
Lkemedelsverket

for human medicinal
products
United
Kingdom
Medicines and Healthcare
products Regulatory
Agency
Veterinary Medicines
Directorate
Bulgaria Bulgarian Drug Agency/

Bulgarian Drug Agency
Romania National Medicines
Agency/
Agentia Nationala a
Medicamentului
Institute for Control of
Biological Products and
Veterinary
Medicines/
Institutul Pentru Controlul
Produselor Biologice i
Medicamentelor de Uz
Veterinar

For Canada:

Health Canada Health Canada


441
Dialogues and Bilateral Cooperation
442
29. DIALOGUES AND BILATERAL COOPERATION

Chapter X Dialogues and Bilateral Cooperation
Article X.01: Basis of Cooperation
1. Building on their well-established partnership and shared values, the Parties agree to develop
their cooperation on issues of common interest. Their efforts will in particular be aimed at:
Strengthening bilateral cooperation on biotechnology through the bilateral Dialogue on Biotech Market
Access Issues;
Fostering and facilitating dialogue and exchange of information on issues related to trade in forest
products;
Establishing a forum for an ad hoc dialogue and cooperation on matters related to raw materials;
Encouraging enhanced cooperation on science, technology, research and innovation issues.

Unless otherwise provided for in this Agreement, dialogues shall take place, at an appropriate level, at the
request of either Party or of the CETA Joint Committee and without undue delay. They shall be co-
chaired by representatives of Canada and the European Union. The Parties shall agree on the meeting
schedules and set agendas for the dialogues.

The Parties shall inform the CETA Joint Committee of the schedules and agendas of the dialogues
sufficiently in advance of meetings. The Parties shall report to the CETA Joint Committee on the results
and conclusions of the dialogues as appropriate or on request. The creation or existence of a dialogue
shall not prevent either Party from bringing any matter directly to the CETA Joint Committee.

The CETA Joint Committee may decide to change or undertake the task assigned to a dialogue or
dissolve any dialogue.

Article X.02: Future Areas for Bilateral Cooperation
1. Further to the areas of bilateral cooperation identified in Article X.01 the Parties, by consent of
the Trade Council, may agree to other areas for bilateral cooperation under this Agreement.
Article X.03: Bilateral Cooperation on Biotechnology
1. The Parties agree that cooperation and information exchange on issues related to biotechnology
products are of mutual interest. Such cooperation and exchange of information will take place in the
bilateral Dialogue on Biotech Market Access Issues which was established as part of 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 dialogue covers any relevant issues of mutual interest to Canada and the EU, including,
among others:
Biotechnology product approvals in the territory of Canada or the EU as well as, where appropriate,
forthcoming applications of commercial interest to either side;
the commercial and economic outlook for future approvals of biotechnology products;
any trade impact related to asynchronous approvals of biotechnology products or the accidental release of
unauthorised products, and any appropriate measures in this respect;
443
any biotech-related measures that may affect trade between Canada and the EU, including measures of
EU Member States;
any new legislation in the field of biotechnology; and
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:
exchanging information on policy, regulatory and technical issues of common interest related to a product
of biotechnology; and in particular information on their respective systems and processes for risk
assessment for taking a decision on the use of a genetically modified organism;
promoting efficient science-based approval processes for products of biotechnology;
cooperating internationally on issues related to biotechnology such as low level presence of genetically
modified organisms;
engaging in regulatory cooperation to minimize adverse trade impacts of regulatory practices related to
biotechnology products.

Article X.04: Bilateral Dialogue on Forest Products
1. The Parties agree that dialogue, cooperation and exchange of information and views on relevant laws,
regulations, policies and sector issues of importance to the production, trade, and consumption of forest
products are of mutual interest. The Parties agree to carry out such dialogue, cooperation and exchange in
the Bilateral Dialogue on Forest Products including on:
(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 sustainable management of forests and forest governance;
(c) mechanisms to assure the legal and/or sustainable origin of forest products;
(d) access for forest products to the EU, Canada, or third-country markets;
(e) perspectives on multilateral and plurilateral organizations and processes in which they participate
which seek to promote sustainable forest management and/or combat illegal logging;
(f) issues referenced in Article X (Trade in Forest Products) of the Trade and Environment Chapter; and
(g) any other issue as may be agreed upon by the Parties.
2. The Parties agree that 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 X.01(2) of this Chapter
[Dialogues and Cooperation].
3. The Parties agree that discussions taking place in the Bilateral Dialogue on Forest Products can inform
discussions in the Sustainable Development Committee.

444
Article X.05 Bilateral Dialogue on Raw Materials
1) Recognizing the importance of an open, non-discriminatory and transparent trading environment
based on rules and science, the Parties agree to foster a dialogue on raw materials.
2) Raw materials is considered to include, but is not limited to, minerals and metals, and agricultural
products with an industrial use.
3) The functions of the bilateral dialogue shall be to, inter alia:
Provide a forum to discuss raw materials cooperation between Canada and the European Union, to
contribute to market access for raw material goods and related services and investments and to avoid non-
tariff barriers to trade;
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--vis raw materials;
Encourage activities that support corporate social responsibility in accordance with internationally
recognized standards such as the OECD Guidelines for Multinational Enterprises and Due Diligence
Guidance.
Facilitate, as appropriate, consultation on the Parties positions in multilateral or plurilateral fora where
issues related to raw materials may be raised and discussed.

4) Without prejudice, and as a complement to paragraph 1, the Parties will endeavour to establish
and maintain effective cooperation on raw materials issues through a dialogue, at the request of either
Party.
Article X.06: 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 on 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 Canada and the European Union. The Parties agree to conduct these activities on the
basis of the following principles:
The activities are of mutual benefit to the Parties;
The Parties agree on the scope and parameters of the activities;
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 commercialization of goods and
services thereof.

4. The Parties also recognize the importance of enhanced cooperation on science, technology,
research and innovation including activities initiated, developed or undertaken by a variety of
stakeholders, including the Canadian federal government, Canadian Provinces and Territories, the
European Union and its Member States.
445
5. Each Party, according to its own laws, shall encourage the participation of the private sector,
research institutions and civil society within its own territory in activities to enhance cooperation.


446
Administrative and Institutional Provisions

447
30. ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS

Chapter X: Administrative and Institutional Provisions
Article X.01: The CETA Joint Committee
The Parties hereby establish a CETA Joint Committee comprising representatives of the European Union,
on the one hand, and representatives of Canada, on the other. 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.

The CETA Joint Committee shall meet once a year, or at the request of either Party. The CETA Joint
Committee shall agree on its meeting schedule and its agenda.

The CETA Joint Committee is responsible for all questions concerning EU-Canada trade and investment
and the implementation and application of the CETA. Either Party may refer to the CETA Joint
Committee any issue relating to the implementation and interpretation of the CETA, or any other issue
concerning EU-Canada trade and investment.

The CETA Joint Committee shall:

Supervise and facilitate the implementation and application of the CETA and further its general aims;
Supervise the work of all specialized committees and other bodies established under the CETA;
Without prejudice to Chapter X (Dispute Settlement), Y (Labour), Z (Environment), A (Sustainable
Development) and B (Investment), seek appropriate ways and methods of forestalling problems which
might arise in areas covered by the CETA, or of resolving disputes that may arise regarding the
interpretation or application of the CETA;
Adopt its own rules of procedure;
Take decisions as set out in Article X.04 Decision Making;
Consider any matter of interest relating to an area covered by the CETA;

The CETA Joint Committee may:
Establish and delegate responsibilities to Specialized Committees ;
Communicate with all interested parties including private sector and civil society organizations;
Consider or agree on amendments as provided in this Agreement;
Study the development of trade between the Parties and consider ways to further enhance trade relations
between the Parties;
Adopt interpretations of the Provisions of the CETA, which shall be binding on tribunals established
under Chapter X (Dispute Settlement) and Chapter X (Investment) as it relates to investor-state dispute
settlement;
Make recommendations suitable for promoting the expansion of trade and investment as envisaged in the
Agreement;
Take such other action in the exercise of its functions as the Parties agree;
Change or undertake the task assigned to a specialized committee or dissolve any specialized committees;
Establish other committees, specialized committees and dialogues in order to assist it in the performance
of its tasks.

Article X.02 Specialized Committees

448
The specialized committees mentioned under paragraphs (a) to (h) below are hereby established or, in the
case of paragraph (c), is granted authority to act under the auspices of the CETA Joint Committee. They
shall operate according to the provisions of paragraphs 2 to 5 of this Article.
The Committee on Trade in Goods, which will address matters arising in any of the following areas:
Trade in Goods; Tariffs ; Technical Barriers to Trade; the Protocol on the Mutual Acceptance of the
Results of Conformity Assessment; Intellectual Property Rights related to goods.
The following committees shall also be established under the Committee on Trade in Goods and shall
report to that Committee: Committee on Agriculture; Committee on Wines and Spirits; Joint Sectoral
Group on Pharmaceuticals.
At the request of a Party, or upon a reference from the relevant specialized Committee, or when preparing
a discussion in the CETA Joint Committee, the Committee on Trade in Goods may address matters
arising in the areas of Rules of Origin, Origin Procedures, Customs and Trade Facilitation, and Border
Measures; Sanitary and Phytosanitary Measures; Government Procurement; Regulatory Cooperation; if
doing so could facilitate the resolution of a matter that cannot otherwise be resolved by the relevant
specialized Committee.
The Committee on Services and Investment, which will address matters arising in any of the following
areas: Cross-Border Trade in Services; Investment; Temporary Entry; E-commerce; Intellectual Property
Rights related to Services.
A Committee on Mutual Recognition of Professional Qualifications shall also be established under the
Committee on Services and Investment and shall report to that Committee.
At the request of a Party, or upon a reference from the relevant specialized Committee, or when preparing
a discussion in the CETA Joint Committee, the Committee on Services and Investment may address
matters arising in the areas of Financial Services; Government Procurement; if doing so could facilitate
the resolution of a matter that cannot otherwise be resolved by the relevant specialized Committee.
The Joint Customs Cooperation Committee (JCCC), established pursuant to the 1998 Agreement between
the European Community and Canada on Customs Cooperation and Mutual Assistance in Customs
Matters, which shall, for the purpose of CETA, address matters arising in any of the following areas:
Rules of origin, Origin Procedures, Customs and Trade Facilitation, Border Measures, as well as
Temporary Suspension of Preferential Tariff Treatment.

The Sanitary and Phytosanitary Committee, which will address matters arising in the area of Sanitary and
Phytosanitary Measures.

The Government Procurement Committee, which will address matters as set out in the Government
Procurement Chapter (Article X).

The Financial Services Committee, which will address matters as set out in the Financial Services Chapter

The Sustainable Development Committee, which will address matters arising in any of the following
areas: Sustainable Development (Article X), Labour (Article X), and Environment (Article X).

The Regulatory Cooperation Forum, which will address matters as set out in the Regulatory Cooperation
Chapter (Article X).

The remit and tasks of the above mentioned specialized committees are further defined in the relevant
chapters and protocols of this Agreement.


449
Unless otherwise provided for in this Agreement, the specialized committees shall normally meet once a
year, or at the request of either Party or of the CETA Joint Committee and shall be co-chaired by
representatives of Canada and the European Union. The specialized committees shall agree on their
meeting schedule and set their agenda by mutual consent. They shall set and modify their own rules of
procedures, if they deem it appropriate to do so. The specialized committees may propose draft decisions
to be adopted by the CETA Joint Committee, or take decisions when the Agreement so provides.

Each Party shall ensure that when a specialized committee meets, all the competent authorities for each
issue on the agenda will be represented, as each Party deems appropriate, and that each issue can be
discussed at the adequate level of expertise.

The specialized 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 specialized committee shall not
prevent either Party from bringing any matter directly to the CETA Joint Committee.

Article X.03 Decision Making
The CETA Joint Committee shall, for the purpose of attaining the objectives of this Agreement, have the
power to take decisions in respect of all matters in the cases provided by this Agreement.

The decisions taken shall be binding on the Parties, which shall take the measures necessary to implement
the decisions taken. The CETA Joint Committee may also make appropriate recommendations.

The CETA Joint Committee shall make its decisions and recommendations by agreement between the
Parties.

Article X.04 Sharing of Information
When a Party submits to the CETA Joint Committee or any committee established under this Agreement,
information considered as confidential or protected from disclosure under its laws and regulations, the
other Party shall treat that information as confidential.

Article X.05 Contact Points
Each Party shall promptly appoint a Contact Point and notify the other Party within 60 days following the
entry into force of this Agreement.

The Contact Points shall jointly:
Monitor the work of all institutional bodies established under this Agreement, including communications
relating to successors to those bodies;
Coordinate preparations for Committee meetings;
Follow up on any decisions taken by the CETA Joint Committee, as appropriate;
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;
Respond to any information requests pursuant to Article X.02 Notification and Provision of Information
of Chapter X Transparency; and
Consider any other matter that may affect the operation of this Agreement as mandated by the CETA
Joint Committee.

450

The Contact Points shall communicate as required.

Article X.06 Meetings
Meetings referred to in this chapter should be in person. Parties may also agree to meet by
videoconference or teleconference.

The Parties agree that they shall endeavour to meet within 30 days of the receipt of a request to meet by
either Party.


451
Transparency

452
31. TRANSPARENCY

TRANSPARENCY

Section A- Publication, Notification and Administration of Laws

Article X.01: Publication

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.

To the extent possible, each Party shall:

publish in advance any such measure that it proposes to adopt; and

provide interested persons and the other Party a reasonable opportunity to comment on such
proposed measures.

Article X.02: Notification and Provision of Information

To the extent possible, on request of the other Party, a Party shall promptly provide information
and respond to questions pertaining to any existing or proposed measure materially affecting the
operation of this Agreement, whether or not the other Party has been previously notified of that
measure.

A notification or information provided under this Article is without prejudice for the
purposes of determining whether the measure is consistent with this Agreement.

Article X.03: Administrative Proceedings

In order 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 in its
administrative proceedings applying measures referred to in Article X.01 (Publication) to
particular persons, goods or services of the other Party in specific cases:

whenever possible, a person of the other Party who is directly affected by a proceeding is given
reasonable notice, 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;

Transparency

453
a person referred to in subparagraph (a) is afforded 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,

its procedures are in accordance with its domestic law.

Article X.04: Review and Appeal

Each Party shall establish or maintain judicial, quasi-judicial or administrative tribunals or
procedures for the purpose of the prompt review and, where 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.

Each Party shall ensure that, in its tribunals or procedures, the parties to the proceeding are
provided with the right to:

a reasonable opportunity to support or defend their respective positions; and

a decision based on the evidence and submissions of record or, where required by domestic law,
the record compiled by the administrative authority.

Each Party shall ensure, subject to appeal or further review as provided in its domestic 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 X.05: 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.


For purposes of this Section:

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 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

a ruling that adjudicates with respect to a particular act or practice.

454
Exceptions
455
32. EXCEPTIONS

EXCEPTIONS



competition authority means:

for Canada, the Commissioner of Competition or a successor notified to the other party through the
Coordinators; and

for the European Union, the Commission of the European Union as to its responsibilities pursuant to the
competition laws of the European Union.

competition laws means:

for Canada, the Competition Act; and

for the European Union, Articles 101, 102 and 106 of the Treaty on the Functioning of the
European Union ("TFEU"), Council Regulation (EC) No 139/2004 on the control of
concentrations between undertakings, and their implementing regulations or amendments.

cultural industries means a person 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;

the production, distribution, sale or exhibition of audio or video music recordings;

the publication, distribution or sale of music in print or machine-readable form; or

radiocommunications 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.

information protected under its competition laws means:

(a) for Canada, information within the scope of Section 29 of the Competition Act,
Exceptions
456
R.S. 1985, c.34, or any successor provision; and

(b) for the European Union this means 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 No 139/2004 on the control of concentrations
between undertakings, or any successor provisions.

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, or
(b) a measure listed in exceptions (b), (c), or (d) in the definition of customs duty in Article 1.01
(Initial Provisions and General Definitions Definitions of General Application).

Article X.02: General Exceptions

1. For the purposes of Chapters X through Y and Chapter Z (National Treatment and
Market Access for Goods, Rules of Origin, Origin Procedures, Customs and Trade Facilitation,
Wines and Spirits, Sanitary and Phytosanitary Measures, Investment Section 2 (Establishment of
Investments) and Investment Section 3 (Non-discriminatory Treatment)), GATT 1994 Article
XX is incorporated into and made part of this Agreement. The Parties understand that the
measures referred to in GATT 1994 Article XX (b) include environmental measures necessary to
protect human, animal or plant life or health. The Parties further understand that GATT 1994
Article XX (g) applies to measures for the conservation of living and non-living exhaustible
natural resources.

2. For the purposes of Chapters X, Y, and Z (Cross-Border Trade in Services,
Telecommunications, and Temporary Entry and Stay of Natural Persons for Business
Purposes, Investment Section 2 (Establishment of Investments) and Investment Section 3 (Non-
Discriminatory Treatment), a Party may adopt or enforce a measure necessary:

(a) to protect public security or public morals or to maintain public order ( x );
(b) to protect human, animal or plant life or health;
(c) to secure compliance with laws or regulations which are not inconsistent with the provisions
of this Chapter including those relating to:
(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on
contracts;
(ii) the protection of the privacy of individuals in relation to the processing and dissemination of
personal data and the protection of confidentiality of individual records and accounts;
(iii) safety;
Exceptions
457

(x) 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.

Article X.03: Temporary safeguard measures with regard to capital movements and
payments

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, safeguard measures that are strictly necessary and do not
constitute a means of arbitrary or unjustified discrimination between a Party and a non-Party
may be taken by the European Union with regard to capital movements and payments, including
transfers, for a period not exceeding six months. The European Union shall inform Canada
forthwith and present, as soon as possible, a time schedule for the removal of such measures.

Article X.04: Restrictions in Case of Balance of Payments and External Financial
Difficulties

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.

Measures referred to in paragraph 1 shall:
not treat a Party less favourably than a non-Party in like situations;
be consistent with the Articles of the Agreement of the International Monetary Fund, as
applicable;
avoid unnecessary damage to the commercial, economic and financial interests of any other
Party;
be temporary and phased out progressively as the situation specified in paragraph 1 improves and
not exceed six months; however, if extremely exceptional circumstances arise such that a Party
seeks to extend such measures beyond a period of six months , it will consult in advance with the
other Party concerning 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 General Agreement on Tariffs and Trade (GATT) and the Understanding on Balance of
Payment Provisions of the GATT 1994.

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 General Agreement on Trade in Services (GATS).

5. Any Party maintaining or having adopted measures referred to in paragraph 1 or 2 shall
promptly notify the other Party of them and present, as soon as possible, a time schedule for their
removal.
Exceptions
458

6. Where the restrictions are adopted or maintained under this Article, consultations shall be held
promptly in the Trade Committee, if such consultations are not otherwise taking place outside of
this Agreement. The consultations shall assess the balance-of-payments or external financial
difficulty that led to the respective measures, taking into account, inter alia, such factors as:

(a) the nature and extent of the difficulties;
(b) the external economic and trading environment; or
(c) alternative corrective measures which may be available.

The consultations shall address the compliance of any restrictive measures with paragraphs 1 to
4. All findings of statistical and other facts presented by the IMF relating to foreign exchange,
monetary reserves and balance-of-payments shall be accepted and 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 X.05: National Security

This Agreement does not:

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;

prevent a Party from taking an action that it considers necessary to protect its essential security
interests:

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
66
;

taken in time of war or other emergency in international relations; or

relating to fissionable and fusionable materials or the materials from which they are derived; or

to 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 X 06: Taxation

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
66
The expression "traffic in arms, ammunition and implements of war in this Article is considered equivalent to the
expression" trade in arms, munitions and war material".
Exceptions
459
particular with regard to their place of residence or with regard to the place where their capital is
invested.

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:
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;
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;
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;
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 Partys taxation system;
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;
to an existing non-conforming taxation measure not otherwise covered in paragraphs 1, 2, 4(a) to
(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 X.9 (Treatment
of Investors and of Covered Investments).

6. Article x ( Investment - Most-Favoured Nation obligation), Article x (CBTS - Most-
Favoured Nation obligation) and Article X (Financial Services- Most-Favoured Nation
obligation) do not apply to an advantage accorded by a Party pursuant to a tax convention.
7.

(1) Where an investor submits a request for consultations pursuant to Article x-4 (Consultations
- ISDS) claiming that a taxation measure breaches an obligation under Section 3 (Non-
Exceptions
460
discriminatory Treatment) or Section 4 (Investment Protection) of Chapter x (Investment Rules),
the respondent may refer the matter for consultation and joint determination by the Parties as to
whether:
(a) the measure is a taxation measure;
(b) the measure, if it is found to be a taxation measure, breaches an obligation under Section 3
(Non-discriminatory Treatment) or Section 4 (Investment Protection);
(c) there is an inconsistency between the obligations in this Agreement that are alleged to have
been breached and those of a tax convention.
(2) A referral pursuant to paragraph 1 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 6 of Chapter X (Investor-to-State Dispute
Settlement) 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.
(3) A joint determination by the Parties pursuant to paragraph 1 shall be binding on the
Tribunal.
(4) Each Party shall ensure that its delegation for the consultations to be conducted pursuant
to paragraph 1 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.
8. For greater certainty,

(a) taxation measure of a Party means a taxation measure adopted at any level of
government of a Party.
(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 part.

Article X.07: 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.

In the course of a dispute settlement procedure under this Agreement:
a Party is not required to furnish or allow access to information protected under its competition
laws;
a competition authority of a Party is not required to furnish or allow access to information that is
privileged or otherwise protected from disclosure.
Exceptions
461

Article X.08: Cultural Industries

The parties recall the exceptions applicable to culture as set out in the relevant provisions of
Chapters X, Y and Z (Cross-Border Trade in Services, Domestic Regulation, Government
Procurement, Investment, Subsidies).

Article X.09: World Trade Organization Waivers

If a right or obligation in this Agreement duplicates one under the WTO Agreement, the Parties
agree that a measure adopted by a Party 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
present Agreement.

462

Dispute Settlement
463
33. DISPUTE SETTLEMENT

DISPUTE SETTLEMENT

SECTION 1

GENERAL PROVISIONS

ARTICLE 14.1: 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 14.2: SCOPE

1. Except as otherwise provided in this Agreement, this Chapter applies to any dispute
concerning the interpretation or application of the provisions of this Agreement.

2. Proposed measures may be the subject of consultations under Article 14.4. but not
mediation under Article 14.5 or the dispute settlement procedures under Section 3 of this
Chapter.

ARTICLE 14.3: CHOICE OF FORUM

1. Recourse to the dispute settlement provisions of this Chapter shall be without prejudice to
any action in the WTO framework, including dispute settlement action.

2. Notwithstanding paragraph 1, a Party shall not seek redress for the breach of an
obligation which is equivalent in substance under the [CETA] and under the WTO Agreement in
the two fora. In such case, once a dispute settlement proceeding has been initiated, the Party shall
not bring a claim seeking redress for the breach of the substantially equivalent obligation under
the other agreement to the other forum, unless the forum selected fails, for procedural or
jurisdictional reasons other than termination under paragraph XX (b) of Annex I, to make
findings on that claim.

3. For the purposes of paragraph 2:

Dispute Settlement
464
(a) dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a
Partys request for the establishment of a panel under Article 6 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes contained in Annex 2 of the WTO
Agreement (hereinafter referred to as the DSU); and

(b) dispute settlement proceedings under this Chapter are deemed to be initiated by a Partys
request for the establishment of an arbitration panel under Article 14.4.1.

4. Nothing in this Agreement shall preclude a Party from implementing the suspension of
obligations authorised by the DSB. A Party may not invoke the WTO Agreement to preclude the
other Party from suspending obligations under this Chapter.

SECTION 2
CONSULTATIONS AND MEDIATION

ARTICLE 14.4: CONSULTATIONS

A Party may request in writing consultations with the other Party regarding any matter referred
to in Article 14.2.

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 an
indication of the legal basis for the complaint.

Subject to paragraph 4, the disputing Parties shall enter into consultations within 30 days of the
date of receipt of the request by the responding Party. Consultations shall take place in the
territory of the responding Party unless the Parties agree otherwise.

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.

The disputing Parties shall make every attempt to arrive at a mutually satisfactory resolution of
the matter through consultations. To this end, each disputing Party shall:
provide sufficient information to enable a full examination of the matter at issue;
protect any confidential or proprietary information exchanged in the course of consultations as
requested by the Party providing the information; and
make available the personnel of its government agencies or other regulatory bodies who have
expertise in the matter subject to the consultations.

Consultations are confidential and without prejudice to the rights of the disputing Parties in
proceedings under this Chapter.

Consultations may be held in person or by any other means agreed to by the disputing Parties.

Dispute Settlement
465

ARTICLE 14.5: MEDIATION

The Parties may have recourse to mediation, with regards to measures as set out in Article 14.2
where the measures adversely affect trade and investment between the Parties. Mediation
Procedures are set out in Annex III of this Chapter.

SECTION 3
DISPUTE SETTLEMENT PROCEDURES

SUB-SECTION 1 DISPUTE SETTLEMENT PROCEDURES

ARTICLE 14.6: INITIATION OF THE DISPUTE SETTLEMENT PROCEDURE

Unless the disputing Parties agree otherwise, if a matter referred to in Article 14.4 has not been
resolved within:
45 days of the date of receipt of the request for consultations; or
25 days of the date of receipt of the request for consultations for matters referred to in Article
14.4(4);

the requesting Party may refer the matter to a dispute settlement panel by providing written
notice to the responding Party.

In the notice referred to in sub-paragraph 1, the requesting Party shall identify the specific
measure at issue and it shall explain how such measure constitutes a breach of the provisions
referred to in Article 14.2.

ARTICLE 14.7: COMPOSITION OF THE DISPUTE SETTLEMENT PANEL

The panel shall comprise three individuals.
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.
In the event that the Parties are unable to agree on the composition of the arbitration panel within
the time frame laid down in paragraph 2, either Party may request the Chair of the [CETA
institutional body], or the Chair's delegate, to draw by lot the members of the arbitration panel
from the list established under [Article 14.6bis]. One member shall be drawn from sub-list of the
complaining Party, one from the sub-list of the responding Party and one from the sub-list of
chairperson. If the Parties have agreed on one or more of the members of the arbitration panel,
any remaining members shall be selected by the same procedure in the applicable sub-list of
panellists. If the Parties have agreed on a member of the arbitration panel, other than the
chairperson, who is not a national of either Party, the chairperson and other member shall be
selected from the sub-list of chairpersons.
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The Chair of the [CETA institutional body], 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 Chairs 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 lot and did not accept to participate in the lot within five working days of the request
referred to in paragraph 3]
The date of establishment of the arbitration panel shall be the date on which the last of the three
arbitrators is selected.
Should the list provided for in Article 14.8 not be established or 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 individuals who have been proposed by one or both of the Parties in accordance with
paragraph 1 of Article 14.8 [list of arbitrators].
Replacement of arbitrators shall take place only for the reasons and according to the procedures
detailed in rules 22 to 26 of the Rules of Procedure.

ARTICLE 14.8 Lists of arbitrators

1. The [CETA institutional body] 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 institutional body] 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
individuals acting as chairpersons must also have experience as counsel or panelist in dispute
settlement proceedings on subject matters within the scope of this Chapter. 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 annexed to this Chapter.

ARTICLE 14.9: INTERIM PANEL REPORT

1. The panel shall present to the disputing Parties an interim report within [150] days after
the last panel member is appointed. The report shall contain:
findings of fact; and
determinations as to whether the responding Party has conformed with its obligations under this
Agreement.

2. Each Party may submit written comments to the panel on the interim report, subject to
any time limits set by the panel. After considering any such comments, the panel may:

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a) reconsider its report; or
b) make any further examination that it considers appropriate.

3. Notwithstanding any other provision of this Chapter, the interim report of the panel shall
be confidential.

ARTICLE 14.10: FINAL PANEL REPORT

Unless the disputing Parties agree otherwise, the panel shall issue a report in accordance with the
provisions of this Chapter. The ruling 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 shall be binding on the Parties.

The panel shall present to the Parties a final report within 30 days of presentation of the interim
report.

Each Party shall make publicly available the final report of the panel after it is presented to the
disputing Parties, subject to rule 40(confidentiality).

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 Panel shall aim at presenting an
interim report to the parties within 75 days after the last panel member is appointed, and a final
report within 15 days of the presentation 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.

The panel shall interpret the provisions referred to in Article 14.2 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 panel shall also take into account relevant interpretations
in reports of Panels and the Appellate Body adopted by the WTO DSB. The rulings of the
arbitration panel cannot add to or diminish the rights and obligations provided for in the
provisions referred to in Article 14.2.

SUB-SECTION 2: COMPLIANCE

ARTICLE 14.11: Compliance with the arbitration panel ruling

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The responding Party shall take any measure necessary to comply with the arbitration panel
ruling. No later than 20 days after the receipt of the arbitration panel ruling by the Parties, the
responding Party shall inform the other party and the [institutional body] of its intentions in
respect of this.

ARTICLE 14.12: The reasonable period of time for compliance

1. If immediate compliance is not possible, no later than 20 days after the receipt of the
notification of the arbitration panel ruling by the Parties, the responding Party shall notify the
complaining Party and the [institutional body] of the time it will require for compliance
(reasonable period of time).

2. In the event of disagreement between the Parties on the reasonable period of time in
which to comply with the arbitration panel ruling, the complaining 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 [institutional body]. The arbitration panel
shall notify its ruling to the Parties and to the [institutional body] within 30 days from the date of
submission 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
complaining party, the responding party shall make itself available to discuss the steps it is
taking to comply with the arbitration panel ruling.

5. The responding Party shall notify the other Party and the [institutional body] before the
end of the reasonable period of time of any measure that it has taken to comply with the
arbitration panel ruling.

ARTICLE 14.13: Temporary remedies in case of non-compliance

1. If:

a) the responding Party fails to notify its intention to comply with the panel ruling under Article
14.11 or the time it will require for compliance under Article 14.12.1, or

b) at the expiry of the reasonable period of time:
- the responding Party fails to notify any measure taken to comply with the arbitration panel
ruling, or
- it is otherwise established
67
that the responding Party has not taken any measure to comply with
the arbitration panel ruling, or any measure taken to comply is inconsistent with that Partys
obligations under the provisions referred to in Article 14.2,

67
By admission or through a ruling of the arbitration panel on compliance referred to in paragraph 5.
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the complaining Party shall be entitled to suspend obligations or receive compensation.

2. (a) Before suspending obligations, the complaining Party shall notify the responding
Party and the [institutional body] of its intention to do so, including in the notification the level
of obligations it intends to suspend.

(b) [Except as otherwise provided in this Agreement,] The suspension of obligations may
concern any provision referred to in Article 14.2 and shall be limited at a level equivalent to the
nullification or impairment caused by the violation.

(c) If at the expiry of the reasonable period of time the measure taken to comply does not exist or
does not comply with the arbitration panel ruling, the level of the nullification and impairment
shall be calculated starting from the date of notification of the arbitration panel report to the
Parties.

(d) The complaining Party may implement the suspension 10 working days after the date of
receipt of the notification by the responding Party, unless a Party has requested arbitration under
paragraphs 3 and 4.

3. Any disagreement between the Parties concerning the existence of any measure taken to
comply or its consistency with the provisions referred to in Article 14.2 ("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.

4. The panel shall be reconvened in writing through a request notified to the panel, the other
Party and the [institutional body]. In case of a disagreement on compliance, the panel shall be
reconvened by the complaining Party. In case of a disagreement on equivalence, the panel shall
be reconvened by the responding Party. In case of disagreements on both compliance and on
equivalence, the Panel shall rule on the disagreement on compliance before ruling on the
disagreement on equivalence.

5. The panel shall notify its ruling to the Parties and to the [institutional body]:
- within 90 days of its request, in case of a disagreement on compliance;
- within 30 days of its request, in case of a disagreement on equivalence;
- within 120 days of its request, in case of a disagreement on both compliance and equivalence.

6. Obligations shall not be suspended until the arbitration panel has delivered its ruling, and
any suspension shall be consistent with the arbitration panel ruling.

7. The suspension of obligations shall be temporary and shall be applied only until any
measure found to be inconsistent with the provisions referred to in Article 14.2 has been
withdrawn or amended so as to bring it into conformity with those provisions, as established
under Article 14.14, or until the Parties have settled the dispute.

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8. At any time, the complaining party may request the responding party to provide an offer
for temporary compensation and the responding party shall present such offer.

ARTICLE 14.14: Review of any measure taken to comply after the suspension of
obligations

1. The responding Party shall notify the other Party and the [institutional body] of any
measure it has taken to comply with the ruling of the arbitration panel and of its request for an
end to the suspension of obligations applied by the complaining Party.

2. If the Parties do not reach an agreement on the compatibility of the notified measure with
the provisions referred to in Article 14.2 within 60 days of the date of receipt of the notification,
the complaining 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 [institutional body]. The
arbitration panel ruling shall be notified to the Parties and to the [institutional body] 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 14.2, the suspension of
obligations shall be terminated.

SECTION 4
FINAL PROVISIONS

ARTICLE 14.15: RULES OF PROCEDURE

Dispute settlement procedures under this Chapter shall be governed by the Rules of Procedure
annexed to this Agreement, unless the Parties agree otherwise.

ARTICLE 14.16: PRIVATE RIGHTS

Nothing in this Agreement shall be construed as conferring rights or imposing obligations on
persons other than those created between the Parties under public international law, nor as
permitting this Agreement to be directly invoked in the domestic legal systems of the Parties.

No Party may 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 14.17: MUTUALLY AGREED SOLUTIONS

The Parties may reach a mutually agreed solution to a dispute under this Chapter at any time.
They shall notify the [institutional body] and the arbitration panel of any such solution. Upon
notification of the mutually agreed solution, the arbitration panel shall terminate its work and the
procedure shall be terminated.

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RULES OF PROCEDURE AND CODE OF CONDUCT
ANNEX I
RULES OF PROCEDURE
FOR ARBITRATION

GENERAL PROVISIONS

1. In [Chapter 14 (Dispute Settlement)] and under these rules:
adviser means a person retained by a Party to advise or assist that Party in connection with the
arbitration panel proceeding;
"member" or arbitrator means a member of an arbitration panel established under Article 14.7;
assistant means a person who, under the terms of appointment of an arbitrator conducts
research for or provides assistance to the member;
complaining Party means any Party that requests the establishment of an arbitration panel
under Article 14.6;
responding Party means the Party that is alleged to be in violation of the provisions referred to
in Article 14.2
arbitration panel means a panel established under Article 14.7; [joint comment: we may revise
terminology on panel and panelists at a later stage]
representative of a Party means an employee or any 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;
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.
2. The responding Party shall be in charge of the logistical administration of dispute
settlement proceedings, in particular the organisation of hearings, unless otherwise agreed.
However, the Parties shall bear equally the administrative expenses of the dispute settlement
proceedings as well as the remuneration and all travel, lodging and general expenses of the
panellists and their assistants.
NOTIFICATIONS
3. Unless agreed otherwise, the Parties and the arbitration panel shall transmit any request,
notice, written submission or other document by e-mail, with a copy submitted on the same day
by facsimile transmission, registered post, courier, delivery against receipt or any other means of
telecommunication that provides a record of its sending. Unless proven otherwise, an e-mail
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.
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5. Before the entry into force of this Agreement, each Party shall inform the other of its
designated point of contact for all notifications.
6. Minor errors of a clerical nature in any request, notice, written submission or other
document related to the arbitration panel proceeding may be corrected by delivery of a new
document clearly indicating the changes.
7. 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.
8. [Depending on the object of the provisions under dispute, all requests and notifications
addressed to the [institutional body to be defined] in accordance with [Chapter X (Dispute
Settlement)] shall also be copied to the other relevant [institutional bodies]] [EU comment:
depending on the institutional set up of the agreement and of the chapter].

COMMENCING THE ARBITRATION
9. 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
arbitrators assistant shall not exceed 50% of the total remuneration of that arbitrator. Members
of the arbitration panel and representatives of the Parties may take part in this meeting via
telephone or video conference.
10. (a) Unless the Parties agree otherwise, within five working days of the date of the
selection of the arbitrators, 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 2 of [Chapter X (Dispute Settlement)] and to
make a ruling in accordance with Article 8 of [Chapter X (Dispute Settlement)].
(b) The Parties shall notify the agreed terms of reference to the arbitration panel within
three working days of their agreement.
(c) The panel may rule on its own jurisdiction.

INITIAL SUBMISSIONS
11. The complaining 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
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12. The chairperson of the arbitration panel shall preside at all its meetings. An arbitration
panel may delegate to the chairperson authority to make administrative and procedural decisions.
13. Hearings shall take place in person. Unless otherwise provided in [Chapter 14 (Dispute
Settlement)] and without prejudice to paragraph 31, the arbitration panel may conduct its other
activities by any means, including telephone, facsimile transmissions or computer links.
14. 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.
15. The drafting of any ruling shall remain the exclusive responsibility of the arbitration
panel and must not be delegated.

16. Findings, determinations and recommendations of the panel under Articles [14.9] and
[14.10] should be made by consensus, but if consensus is not possible then by a majority of its
members.

17. Panel members may not furnish separate opinions on matters not unanimously agreed.
18. Where a procedural question arises that is not covered by the provisions of [Chapter 14
(Dispute Settlement)] and its annexes, the arbitration panel, after consulting the Parties, may
adopt an appropriate procedure that is compatible with those provisions and that ensures equal
treatment between the Parties.
19. When 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.

20. Any time-limit referred to in this chapter may be modified by mutual agreement of the
Parties. Upon request of a Party, the arbitration panel may modify the time-limits applicable in
the proceedings.

21. The panel shall suspend its work:

at the request of the complaining 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 complaining Party;
after it has issued its interim report or in the case of proceedings on a disagreement on
equivalence under Article 14.13 or proceedings under Article 14.14, 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 panels work by the end of the period specified in
the request for suspension, the procedure shall be terminated. The termination of the panels
work is without prejudice to the rights of either Party in another proceeding on the same matter
under this Chapter.

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REPLACEMENT

22. If an arbitrator is unable to participate in the proceeding, withdraws, or must be replaced,
a replacement shall be selected in accordance with [Article 14.7.3].
23. Where a Party considers that an arbitrator does not comply with the requirements of the
Code of Conduct and for this reason must be replaced, that Party shall notify the other Party
within 15 days from the time at which it came to know of the circumstances underlying the
arbitrator's material violation of the Code of Conduct.
24. Where a Party considers that an arbitrator other than the chairperson does not comply
with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree,
replace the arbitrator and select a replacement following the procedure set out in [Article 14.7.3].
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 14.8.1 ] and on which the original arbitrator was included. If the
original arbitrator was chosen by the Parties pursuant to [Article 14.7] of [Chapter X (Dispute
Settlement)], the replacement shall be drawn by lot from the individuals proposed by the
complaining Party and by the responding Party under [Article 14..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.
25. 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
[Article 14.7.3.
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 members of the arbitration panel. The decision by
these persons on the need to replace the chairperson shall be final.
If these persons decide that the original 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 14.8.1 to act as chairperson. 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 these persons cannot reach a decision within 10 days of the matter being referred to them, the
procedures set out in Article 14.7 shall apply.
26. The arbitration panel proceedings shall be suspended for the period taken to carry out the
procedures provided for in rules 22, 23, 24 and 25.

HEARINGS
27. The chairperson shall fix the date and time of the hearing in consultation with the Parties
and the other members of the arbitration panel, and confirm this in writing to the Parties. This
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information shall also be made publicly available by the Party in charge of the logistical
administration of the proceedings, subject to rule 40 (confidentiality).
28. Unless the Parties agree otherwise, the hearing shall be held in Brussels if the
complaining Party is Canada and in Ottawa if the complaining Party is the European Union.
29. As a general rule there should be only one hearing. The 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 14.13 and 14.14, except in the case of a disagreement on compliance and
equivalence.

30. All arbitrators shall be present during the entirety of the hearing.
31. The following persons may attend the hearing, irrespective of whether the proceedings
are open to the public or not:
(a) representatives of the Parties;
(b) advisers to the Parties;
(c) administrative staff, interpreters, translators and court reporters; and
(d) arbitrators assistants.
Only the representatives of and advisers to the Parties may address the arbitration panel.
32. 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 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.

33. The arbitration panel shall conduct the hearing in the following manner, ensuring that the
complaining Party and the responding Party are afforded equal time:
Argument
(a) argument of the complaining Party
(b) argument of the responding Party
Rebuttal Argument
(a) argument of the complaining Party
(b) counter-reply of the responding Party
34. The arbitration panel may direct questions to either Party at any time during the hearing.
35. The arbitration panel, after having received the comments of the Parties, shall issue to the
parties a final transcript of each hearing.
36. 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.
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QUESTIONS IN WRITING
37. The arbitration panel may at any time during the proceedings 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.
38. 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 Partys reply within five working days of the date of receipt.

TRANSPARENCY AND CONFIDENTIALITY

39 Subject to paragraph 40, 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.

40. 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 where the hearings 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 Partys 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
41. The arbitration panel shall not meet or contact a Party in the absence of the other Party.

42. No member of the arbitration panel may discuss any aspect of the subject matter of the
proceedings with a Party or the Parties in the absence of the other arbitrators.
INFORMATION AND TECHNICAL ADVICE
43. On request of a disputing Party, or on its own initiative, the 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
44. Non-governmental persons established in a Party may submit amicus curiae briefs to the
arbitration panel in accordance with the following paragraphs.
45. 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
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case longer than 15 typed pages, including any annexes, and that they are directly relevant to the
issue under consideration by the arbitration panel.
46. 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 Rules 49 and 50 of
these Rules of Procedure.
47. The arbitration panel shall list in its ruling all the submissions it has received that
conform to the above 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 under this rule.
URGENT CASES
48. In cases of urgency referred to in Article 14.10.4, 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.

TRANSLATION AND INTERPRETATION
49. During the consultations referred to in Article 14.7.2, and no later than the meeting
referred to in Rule 9 of these Rules of Procedure, the Parties shall endeavour to agree on a
common working language for the proceedings before the arbitration panel.
50. 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.
51. Arbitration panel rulings shall be issued in the language or languages chosen by the
Parties.
52. Any costs incurred for translation of an arbitration ruling into the language or languages
chose by the Parties shall be borne equally by the Parties.
53. A Party may provide comments on the accuracy of the translation of any translated
version of a document drawn up in accordance with these rules.

CALCULATION OF TIME-LIMITS
54. All time-limits laid down in this chapter including the limits for the arbitration panels to
notify their rulings, shall be counted in calendar days from the day following the act or fact to
which they refer, unless otherwise specified.
55. Where, by reason of the application of rule 7 of these Rules of Procedure, 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.

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OTHER PROCEDURES
56. These Rules of Procedure are also applicable to procedures established under Articles
14.13 and 14.14. However, the time-limits laid down in these Rules of Procedure shall be
adjusted in line with the special time-limits provided for the adoption of a ruling by the
arbitration panel in those other procedures.
57. In the event of the original panel, or some of its members, being unable to reconvene for
the procedures established under Article 14.13 and 14.14, the procedures set out in Article 14.7.
The time limit for the notification of the ruling shall be extended by 15 days.

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ANNEX II
CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS
DEFINITIONS
1. In this Code of Conduct:
(a) "member" or arbitrator means a member of an arbitration panel effectively established
under [Article 14.7];
[(b) "mediator" means a person who conducts a mediation in accordance with [Article 14.5];]
(c) "candidate" means an individual whose name is on the list of arbitrators referred to in Article
[14.8] and who is under consideration for selection as a member of an arbitration panel under
Article 14.7];
(d) "assistant" means a person who, under the terms of appointment of a member, conducts,
researches or provides assistance to the member;
(e) "proceeding", unless otherwise specified, means an arbitration panel proceeding under
[Chapter 14 (Dispute Settlement)];
(f) "staff", in respect of a member, means persons under the direction and control of the member,
other than assistants.

RESPONSIBILITIES TO THE PROCESS

2. Every candidate and member 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 members must comply with the obligations established in
paragraphs 16, 17, 18 and 19 of this Code of Conduct.

DISCLOSURE OBLIGATIONS

3. Prior to confirmation of her or his selection as a member of the arbitration panel under
[Chapter 14 (Dispute Settlement)], a candidate shall disclose any interest, relationship or matter
that is likely to affect his or her independence or impartiality or that might reasonably create an
appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all
reasonable efforts to become aware of any such interests, relationships and matters.
4. 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;
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(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
any interested parties in the proceeding, or their counsel, or any 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 goods.

5. A candidate or member shall communicate matters concerning actual or potential
violations of this Code of Conduct only to the [institutional body to be defined] for consideration
by the Parties.
6. Once selected, a member shall continue to make all reasonable efforts to become aware
of any interests, relationships or matters referred to in paragraph 3 of this Code of Conduct and
shall disclose them. The disclosure obligation is a continuing duty which requires a member to
disclose any such interests, relationships or matters that may arise during any stage of the
proceeding. The member shall disclose such interests, relationships or matters by informing the
[institutional body to be defined], in writing, for consideration by the Parties.

DUTIES OF MEMBERS

7. Upon selection a member 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. A member 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. A member shall take all appropriate steps to ensure that his or her assistant and staff are
aware of, and comply with, paragraphs 2, 3, 4, 5, 6, 17, 18 and 19 of this Code of Conduct.
10. A member shall not engage in ex parte contacts concerning the proceeding.

INDEPENDENCE AND IMPARTIALITY OF MEMBERS

11. A member must be independent and impartial and avoid creating an appearance of
impropriety or bias and shall not be influenced by self-interest, outside pressure, political
considerations, public clamour, and loyalty to a Party or fear of criticism.
Dispute Settlement
482
12. A member 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. A member 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. A member may not allow financial, business, professional, family or social relationships
or responsibilities to influence her or his conduct or judgement.
15. A member 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 MEMBERS

16. All former members 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 member or former member 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. A member shall not disclose an arbitration panel ruling or parts thereof prior to its
publication in accordance with [Chapter 14 (Dispute Settlement)].
19. A member or former member shall not at any time disclose the deliberations of an
arbitration panel, or any member's view.

EXPENSES

20. Each member 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 his or her assistant.

MEDIATORS

21. The disciplines described in this Code of Conduct as applying to members or former
members shall apply, mutatis mutandis, to mediators.

Dispute Settlement
483

ANNEX III

MEDIATION PROCEDURE

ARTICLE 1: OBJECTIVE

1. 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 PROCEDURE

ARTICLE 2: INITIATION OF THE PROCEDURE

1. A Party may request, at any time, that the Parties enter into a mediation procedure. Such
request shall be addressed to the other Party in writing. The request shall be sufficiently detailed
to present clearly the concerns of the requesting Party and shall:

identify the specific measure at issue;
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
explain how the requesting Party considers that those effects are linked to the measure.

2. The mediation procedure may only be initiated by mutual agreement 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 launch of the mediation procedure, the Parties shall agree on a mediator, if possible, no
later than 15 days after the receipt of the reply to the request.

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.
The [code of conduct of the dispute settlement chapter] shall apply to mediators. Rules 3 through
8 (notifications) and 49 through 55 (translation and calculation of time limits) of the [Rules of
Procedure of the Dispute Settlement Chapter] shall also apply, mutatis mutandis.
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484

ARTICLE 4: RULES OF THE MEDIATION PROCEDURE

1. Within 10 days after the appointment of the mediator, the Party having invoked 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 organize
meetings between the Parties, consult the Parties jointly or individually, seek the assistance of or
consult with relevant experts
68
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 shall not advise or give comments 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 agreement 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 [FTA joint body]. Either Party may
make such solution subject to the completion of any necessary internal procedures. Mutually
agreed solutions shall be made publicly available. However, the version disclosed to the public
may not contain any information that a Party has designated as confidential.

7. On request of the Parties, the mediator shall issue to the parties, in writing, a draft factual
report, providing a brief summary of (1) the measure at issue in these procedures; (2) the
procedures followed; and (3) any mutually agreed solution reached as the final outcome of these
procedures, 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.
68
Neither Party may 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.
Dispute Settlement
485

8. The procedure shall be terminated:

by the adoption of a mutually agreed solution by the Parties, on the date of adoption.

by a written declaration of the mediator, after consultation with the Parties, that further efforts at
mediation would be to no avail;

by a written declaration of a Party after exploring mutually agreed solutions under the
mediation procedure 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

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 steps of the
procedure, 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 procedure is without prejudice to the Parties rights and obligations under the
provisions on Dispute Settlement in this Agreement or any other agreement.

3. Consultations under the Dispute Settlement Chapter are not required before initiating the
mediation procedure. However, a Party should normally avail itself of the other relevant
Dispute Settlement
486
cooperation or consultation provisions in this Agreement before initiating the mediation
procedure.

4. A Party shall not rely on or introduce as evidence in other dispute settlement procedures under
this Agreement or any other agreement, nor shall a panel take into consideration:

positions taken by the other Party in the course of the mediation procedure or information
gathered under Article 4.2;
the fact that the other Party has indicated its willingness to accept a solution to the measure
subject to mediation; or
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 he or she has
been a mediator.

ARTICLE 7: TIME LIMITS

Any time limit referred to in this Annex may be modified by mutual agreement between the
Parties.

ARTICLE 8: COSTS

1. Each Party shall bear its costs of participation in the mediation procedure.

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 [Rule 9 of the Rules of Procedure]

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.

487
Final Provisions
488
34. FINAL PROVISIONS

FINAL PROVISIONS

Article X.01: Annexes, Appendices and Footnotes

The Annexes, Appendices, Protocols and footnotes to this Agreement constitute integral parts of
this Agreement.

Article X.02: Amendments

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, on such date as the Parties may
agree.

The Trade Committee may decide to amend the Annexes, Appendices, Protocols and Notes of
this Agreement. The Parties may approve the decision subject to their respective applicable
internal requirements and procedures. The decision shall enter into force on such date as the
Parties may agree.

Article X.03: Preference Utilization

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 to 97, on imports of goods from the
other Party that are subject to i) MFN-applied tariff rates, and ii) tariff preferences under this
Agreement. This period will be renewed by 5 years unless the Parties jointly decide otherwise.
After that, the period may be further extended by mutual agreement of the Parties.

Article X.04: Current account

The Parties shall authorise, in freely convertible currency and in accordance with the provisions
of Article VIII of the Articles of the Agreement of the International Monetary Fund, any
payments on the current account of the balance of payments between the Parties.

Article X.05: Movement of Capital

The Parties shall consult each other with a view to facilitating the movement of capital between
them by continuing the implementation of their policies regarding the liberalisation of the capital
and financial account, supporting a stable and secure framework for long term investment.

[Article X.06: Entry into Force
Final Provisions
489

1. The Parties shall approve this Agreement in accordance with their own procedures.

2. This Agreement shall enter into force on the first day of the second month following the date
on which the Parties have notified each other that the procedures referred to in the first paragraph
have been completed. The Parties may by mutual agreement fix another date.

3. (a) This Agreement shall be provisionally applied from the first day of the month following
the date on which the parties have notified each other that their respective relevant procedures
have been completed. The Parties may by mutual agreement fix another date.

(b) If a Party cannot provisionally apply certain provisions of this Agreement, it shall so notify
the other Party. If the other Party objects to this notification, the Agreement shall not be
provisionally applied. If the other Party does not object to this notification within 10 days, the
provisions of this Agreement which have not been notified by either Party shall be provisionally
applied by both Parties from the first day of the month following this notification, provided the
Parties have exchanged notifications under sub-paragraph (a).

(c) The provisional application of the Agreement may be terminated by written notice of either
Party. Such termination shall take effect on the first day of the second month following
notification.

(d) If this Agreement, or certain provisions thereof, is provisionally applied, the term entry into
force of this Agreement shall be understood to mean the date of provisional application. The
[Trade Committee] and other bodies established by this Agreement may exercise their functions
during the provisional application of the Agreement. If the provisional application of the
Agreement is terminated under sub-paragraph (c), any decisions adopted in the exercise of these
functions will cease to be effective.

4. The Parties shall submit notifications under this article to the General Secretariat of the
Council of the European Union and Canada's Department of Foreign Affairs, Trade and
Development or their respective successors.]

Article X.07: Relationship with Other Agreements

1. This Agreement replaces the agreements between Member States of the European Union and
Canada listed in Annex (Y). The provisions of such agreements shall cease to apply from the
date of entry into force of this Agreement.

2. In the event of the provisional application in accordance with [paragraph 3(a) of Article X:06
(Entry into Force)] of this Agreement, the application of the provisions of the agreements listed
in Annex (Y), 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 of this Agreement is
terminated, the suspension shall cease and the agreements listed in Annex Y shall have effect.

Final Provisions
490
3. Notwithstanding paragraphs 1 and 2, a claim may be submitted pursuant to the provisions of
an agreement listed in Annex (Y), regarding treatment accorded while the said agreement was in
force, pursuant to the rules and procedures established in the agreement, and provided that no
more than three (3) years have elapsed since the date of suspension of the agreement pursuant to
paragraph 2 or, if the agreement is not suspended pursuant to paragraph 2, the date of entry into
force of this Agreement.

4. Notwithstanding paragraphs 1 and 2, if the provisional application of this Agreement is
terminated and it does not enter into force, a claim may be submitted pursuant to the provisions
of this Agreement, regarding any matter arising during the period of the provisional application
of this Agreement, pursuant to the rules and procedures established in this Agreement, and
provided no more than three (3) years have elapsed since the date of termination of the
provisional application.

5. For the purposes of this Article, the definition of entry into force of this Agreement provided
for in [paragraph 3(d) of Article X.06 (Entry into Force)] shall not apply.

Article X.08: Termination

1. This Agreement may be terminated by either Party by giving notice in writing under this
article to the General Secretariat of the Council of the European Union and Canada's Department
of Foreign Affairs, Trade and Development or their respective successors. It shall cease to be in
force 6 months after the date of the notice. The Party giving a notice of termination shall also
provide the Joint Committee with a copy of the notice.

2. Notwithstanding paragraph 1, in the event that the present Agreement is terminated, the
provisions of [Chapter X Investment] shall continue to be effective for a further period of 20
years from that date in respect of investments made before the date of termination of the present
Agreement. This paragraph shall not apply in the case of the provisional application of this
Agreement.

Article X.09: Accession of new Member States of the European Union

1. The EU shall notify Canada of any request by a state for accession to the EU.

2. During the negotiations between the EU and the state seeking accession, the EU shall:

provide, upon request of Canada, and to the extent possible, any information regarding any
matter covered by this Agreement; and

take into account any concerns expressed by Canada;

3. The EU shall notify Canada of the entry into force of any accession to the EU.

Final Provisions
491
4. Sufficiently in advance of the date of accession of a state to the EU, the Joint Committee
shall examine any effects of such accession on this Agreement and shall decide on any necessary
adjustment or transition measures.

[5. For matters within its competence, any new Member State of the EU shall accede to this
Agreement from the date of its accession to the EU by means of a clause to that effect in the act
of accession to the EU. If the act of accession to the EU does not provide for such automatic
accession of the EU Member State to this Agreement, the EU 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 Canadas Department of Foreign Affairs,
Trade and Development, or their respective successors.]

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.

DONE in duplicate at _______, this _______ day of 20XX 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.

________________________________ ______________________________
For Canada For the EU
Final Provisions
492
ANNEX (Y)
LIST OF EU MEMBER STATES BILATERAL INVESTMENT TREATIES WITH
CANADA

Agreement between the Government of the Republic of Croatia and the Government of Canada
for the Promotion and Protection of Investments - signed on 03/02/1997.

Agreement between the Czech Republic and Government of Canada for the Promotion and
Protection of Investments - signed on 06/05/2009.

Agreement between the Government of the Republic of Hungary and the Government of Canada
for the Promotion and Reciprocal Protection of Investments - signed on 03/10/1991.

Agreement between the Government of the Republic of Latvia and the Government of Canada
for the Promotion and Protection of Investments - signed on 05/05/2009.

Foreign Investment Insurance Agreement between Canada and Malta signed on 24/05/1982.

Agreement between the Government of the Republic of Poland and the Government of
Canada for the Reciprocal Promotion and Protection of Investments - signed on 06/04/1990.

Agreement between the Government of Romania and the Government of Canada for the
Promotion and Reciprocal protection of investments signed on 08/05/2009.

Agreement between the Slovak Republic and the Government of Canada for the Promotion and
Protection of Investments - signed on 20/07/2010.

493
Services and Investment Reservations
494
35. SERVICES AND INVESTMENT

Note: Services and Investment Reservations are attached separately


495
Andorra and San Marino
496
36. 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 Chapters 25 to 97 of the
Harmonized System shall be accepted by Canada as originating in the EU within the meaning of this
Agreement, provided that the customs union established by the Council Decision 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/Chapter] on Rules of Origin shall apply mutatis mutandis for the purpose of
defining the originating status of the above-mentioned products.
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 EU within the meaning of this Agreement, provided that the Agreement on Cooperation and Customs
Union of 16 December 1991 concluded between the European Economic Community and the Republic of
San Marino remains in force.
2. The [Protocol/Chapter] on Rules of Origin shall apply mutatis mutandis for the purpose of
defining the originating status of the above-mentioned products.
3. Paragraph 1 does not apply to products that were covered by the Treaty establishing the
European Coal and Steel Community.


497
TRQ Declaration - Meat
498
37. Declarations on TRQ Administration

DECLARATION ON TARIFF RATE QUOTA ADMINISTRATION
EU TRQ administration for beef, veal and pork under CETA:
General overall principle that tariff quota administration should be as conducive to trade as
possible. More specifically, it must not impair or nullify the market access commitments
negotiated by Parties, it must be transparent, predictable, minimize transactional costs for traders,
maximize fill rates and aim to avoid potential speculation.
1. Structure of Import Licensing System
A Quarterly sub periods with carryover between periods for unused quantities
In each of the four quarters of the marketing year, 25% of the annual TRQ volume will be made
available for license applications.
Any quantities remaining available at the end of one quarter will be automatically rolled over
into the subsequent period until the end of the marketing year.
B Application period for import licenses
Applications for import licenses will be accepted up to 45 calendar days preceding the beginning
of each quarter and import licenses shall be issued no less than 30 calendar days before the
quarter begins.
Should demand for licenses during the application period exceed the quantities available for that
quarter, licences will be attributed on a prorata basis.
Should the available quantity for any quarter not be fully subscribed during the application
period, then the remaining quantity will be made available for eligible applicants to apply for on
demand for the rest of that quarter. Import licenses will be issued automatically on demand until
the available quantity has been fully subscribed for that period.
C Validity of licenses
Import licenses will be valid for 5 months from the date of the beginning of the quarter for which
the import license is issued, or the date of issue, whichever is later, and up to the end of the
marketing year
Import licenses may be used at any EU customs entry point and for multiple shipments.
2. Eligibility Criteria:
The eligibility criteria/allocation method should result in the quota going to those that are most
likely to use it and must not create barriers to imports.
For the application period, eligible applicants would include historical importers of beef, bison
and veal for beef imports and beef, bison, veal and pork for pork imports.
TRQ Declaration - Meat
499
In any quarter following the application period when licenses are made available on
demand the eligible applicants criteria will be expanded to include wholesalers and accredited
meat processors ( establishments approved under EC Reg 853/2004 or equivalent).
3. Securities:
A Securities tied to import licenses applications
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 license.
B Transfer of license and corresponding security
Unused license shall not be transferred.
C Return of license and corresponding security
Unused license quantities may be returned before expiration and up to 4 months prior to the end
of the marketing year. Each license holder may return up to 30% of their individual license
quantity. When such a quantity is returned, 60% of the corresponding security is released.
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.
D Release of Security and release of full security when 95% of imports occur
Securities shall be proportionally released each time physical imports have taken place.
o Once 95% of an importers individual license quantity is physically imported
the full security shall be released.
TRQ Declaration Cheese
500
DECLARATION ON TARIFF RATE QUOTA ADMINISTRATION
CANADIAN TRQ Administration for cheese under CETA
General overall principle that tariff quota administration should be as conducive to trade as
possible. More specifically, it must not impair or nullify the market access commitments
negotiated by Parties, it must be transparent, predictable, minimize transactional costs for traders,
maximize fill rates and aim to avoid potential speculation.
The eligibility criteria/allocation method should result in the quota going to those that are most
likely to use it and must not create barriers to imports.
Structure of Import Licensing system
The annual TRQ access quantity will be allocated each year amongst eligible applicants.
The TRQ allocation method will allow for new entrants each year. During the implementation
period, at least 30% of the TRQ will be available to new entrants every year. After that period, at
least 10% of the TRQ access quantity will be available for new entrants.
The TRQ will be allocated on a calendar year basis. Applications from all interested parties will
be received and processed according to the provisions of the Bali Declaration, with a period of
four to six weeks to submit applications. Imports will be able to start from the first day of the
year.
In the event that the TRQ is not fully allocated following the application process, available
quantities will immediately be offered to eligible applicants on the basis of a prorata of their
allocation, or on demand if quantities still remain after the first offer.
Eligibility criteria
To be eligible, an applicant would at a minimum have to be a Canadian resident and be active in
the Canadian cheese sector regularly during the year.
During the implementation period, a new entrant would be an eligible applicant who is not an
allocation holder under Canadas WTO cheese TRQ.
After that period, a new entrant would be an eligible applicant who is not an allocation holder
under Canadas WTO cheese TRQ or did not receive an allocation of the CETA TRQ in the
preceding year. A new entrant would be considered as such for a period of three years.
Once an applicant is no longer considered to be a new entrant, he would be treated on an equal
footing as all other applicants.
Canada may consider capping the size of the 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
Allocations will be valid for a year (from January 1 to December 31).
TRQ Declaration Cheese
501
To ensure that imports are aligned with domestic market conditions and to minimize barriers to
trade, allocation holders will normally be free to use their allocation to import any product
covered by the TRQ at any time during the year.
On the basis of their allocation, importers will submit an import permit request for each shipment
of product covered by the TRQ that they wish to bring into Canada. Import permits are normally
issued automatically upon request through the Government of Canada electronic permitting
system. 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. Permits are not transferable. Permits may be amended and/or cancelled.
Transfers of allocations may be authorized.
A company that uses less than 95% of its allocation in any one year may be subject to an
underutilization penalty in the next year, whereby it will receive an allocation which reflects the
actual level of use. Those companies affected will be advised prior to the final allocation of the
TRQ.
Allocation holders will be able to return any unused portion of their allocation up to a given date.
Returned quantities are considered used for the purpose of the application of the underutilization
penalty. Chronic returns may be penalized.
Returned quantities will normally be made available to interested allocation holders who have
not returned the day after the return deadline. If quantities remain after that, they may be offered
to other interested parties.
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 (potentially around the middle of the quota year).

502

Declaration on Textiles and Apparel
503
38. Declaration Concerning Rules of Origin for Textiles and Apparel

Canada-EU Declaration
Concerning Rules of Origin for Textiles and Apparel

[To be appended to the CETA]

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 1(Product-Specific Rules of
Origin).
Nevertheless, for a number of reasons, including the absence of a negative cumulative effect on
EU producers, the Parties have agreed, by derogation, to limited, reciprocal origin quotas to the
otherwise applicable CETA rules of origin for textiles and apparel. The 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. The
Parties hereby affirm that the origin quotas, which have an exceptional character, will be
applied in strict adherence to the CETA Rules of Origin Protocol.

504
Declaration on the ICA
505
39. Declaration by Canada on the ICA

Upon implementation of the Canada-European Union Comprehensive Economic and Trade
Agreement (CETA), Canada will increase the threshold for review under the Investment
Canada Act (ICA) to CAD $1.5 billion.

Any future amendments to the ICA would be subject to the requirement that such amendments
could not decrease the conformity of the ICA with CETA investment obligations.

As set out in Canada's ICA reservation, the higher threshold will apply to an acquisition of a
Canadian enterprise by a EU investor that is not a state enterprise. The determination of whether
the acquirer is an EU investor would be based on whether an EU national controls the acquirer in
law, or in the absence of a majority ownership, whether EU nationals control the acquirer in fact
such as through the ownership of voting interests or the nationality of members of the board of
directors. Moreover EU enterprises that are controlled by nationals from Canada's existing FTA
partners with which Canada has taken investment commitments would also benefit from the
higher threshold.

Canada will be amending its ICA to provide for changes necessary to provide for the higher
review threshold upon entry into force of the CETA.

506

Joint Declaration
507
40. Joint Declaration

Joint Declaration

1. The European Union recalls the obligations of those states that have established a
Customs Union with the European Union to align their trade regime to the one of the European
Union, and for certain of them, to conclude preferential agreements with countries having
preferential agreements with the European Union.

2. In this context, Canada shall endeavour to start negotiations with those states which as
of the date of entry into force of this Agreement

a) have established a Customs Union with the EU, and

b) whose products do not benefit from the tariff concessions under this Agreement,

with a view to concluding a comprehensive bilateral agreement establishing a free trade area in
accordance with the relevant WTO provisions on goods and services provided that those states
are willing to negotiate an ambitious and comprehensive agreement comparable to CETA in
scope and ambition. Canada shall endeavour to start negotiations as soon as possible with a view
to having such agreement enter into force as quickly as possible after the entry into force of this
Agreement.
508

Declaration on Wines and Spirits
509
41. Declaration on Wines and Spirits

Declaration on Wine and Spirits:

Canada and the European Union acknowledge the effort and progress that has been made on
Wines and Spirits in the context of the CETA negotiations. These efforts have led to mutually
agreed solutions on a number of issues of high importance.

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 EU's desire 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, 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 parties of a more favourable treatment in the framework
of other trade negotiations involving Canada.

510
Understanding on courier services
511
42. Understanding on Courier Services
Understanding on article 1, paragraph 2 (e) of Chapter XX on Cross-border Trade in

Services and article 1, paragraph 2 (a) of Chapter XX on Investment

The Parties confirm that courier services are subject to the provisions of Chapter XX on Cross-
border Trade in Services and Chapter XX on Investment, subject to applicable reservations as set
out in the Parties' schedules. For greater certainty, this does not include the grant of air traffic
rights to courier service suppliers. Such rights are subject to the Agreement on Air Transport
between Canada and the European Community and its Member States.of other trade
negotiations involving Canada.


512
Canada tariff offer
513

Canada's Negative List Tariff Schedule
Tariff Item Description Base Rate
Staging
Category
Note
01051122 Broilers for domestic production: Over access commitment 238% but not less than 30.8 each E SSG
01059492 Other: Over access commitment 238% but not less than $1.25/kg E SSG
01059912 Turkeys: Over access commitment 154.5% but not less than $1.60/kg E SSG
02071392 Other: Over access commitment, bone in 249% but not less than $3.78/kg E SSG
02071393 Other: Over access commitment, boneless 249% but not less than $6.74/kg E SSG
02071422 Livers: Over access commitment 238% but not less than $6.45/kg E SSG
02072412 Canner pack: Over access commitment 154.5% but not less than $2.11/kg E SSG
02072492 Other: Over access commitment 154.5% but not less than $1.95/kg E SSG
02072512 Canner pack: Over access commitment 154.5% but not less than $2.11/kg E SSG
02072620 Over access commitment, bone in 165% but not less than $2.94/kg E SSG
02072630 Over access commitment, boneless 165% but not less than $4.82/kg E SSG
02072712 Livers: Over access commitment 154.5% but not less than $4.51/kg E SSG
02090022
Poultry fat: Fat of fowls of the species Gallus domesticus, over access
commitment 249% but not less than $6.74/kg E SSG
02090024 Poultry fat: Fat of turkeys, over access commitment 165% but not less than $4.82/kg E SSG
02109912
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
02109913
Meat of poultry: Of fowls of the species Gallus domesticus, over access
commitment, boneless 249% but not less than $10.36/kg E SSG
02109915 Meat of poultry: Of turkeys, over access commitment, bone in 165% but not less than $3.67/kg E SSG
Canada tariff offer
514
02109916 Meat of poultry: Of turkeys, over access commitment, boneless 165% but not less than $6.03/kg E SSG
04011020 Over access commitment 241% but not less than $34.50/hl E SSG
04012020 Over access commitment 241% but not less than $34.50/hl E SSG
04013020 Over access commitment 292.5% but not less than $2.48/kg E SSG
04022112 Milk: Over access commitment 243% but not less than $2.82/kg E SSG
04022122 Cream: Over access commitment 295.5% but not less than $4.29/kg E SSG
04022912 Milk: Over access commitment 243% but not less than $2.82/kg E SSG
04022922 Cream: Over access commitment 295.5% but not less than $4.29/kg E SSG
04029120 Over access commitment 259% but not less than 78.9/kg E SSG
04029920 Over access commitment 255% but not less than 95.1/kg E SSG
04031020 Over access commitment 237.5% but not less than 46.6/kg E SSG
04039012 Powdered buttermilk: Over access commitment 208% but not less than $2.07/kg E SSG
04041022 Powdered whey: Over access commitment 208% but not less than $2.07/kg E SSG
04041090 Other 11% C
04049020 Over access commitment 270% but not less than $3.15/kg E SSG
04061010 Within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
04062011 Cheddar and Cheddar types: Within access commitment 2.84/kg A
TRQ Cheese, TRQ
Industrial Cheese
04062012 Cheddar and Cheddar types: Over access commitment 245.5% but not less than $3.58/kg E SSG
04062091 Other: Within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
TRQ Cheese, TRQ
Industrial Cheese
Canada tariff offer
515
TRQ Cheese, TRQ
Industrial Cheese
04069011 Cheddar and Cheddar types: Within access commitment 2.84/kg A
TRQ Cheese, TRQ
Industrial Cheese
04069012 Cheddar and Cheddar types: Over access commitment 245.5% but not less than $3.53/kg E SSG
04069021 Camembert and Camembert types: Within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
04069022 Camembert and Camembert types: Over access commitment 245.5% but not less than $5.78/kg E SSG
04069031 Brie and Brie types: Within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
04069032 Brie and Brie types: Over access commitment 245.5% but not less than $5.50/kg E SSG
04069041 Gouda and Gouda types: Within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
04069042 Gouda and Gouda types: Over access commitment 245.5% but not less than $4.23/kg E SSG
04069051 Provolone and Provolone types: Within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
04069052 Provolone and Provolone types: Over access commitment 245.5% but not less than $5.08/kg E SSG
04069061 Mozzarella and Mozzarella types: Within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
04069062 Mozzarella and Mozzarella types: Over access commitment 245.5% but not less than $3.53/kg E SSG
04069071
Swiss/Emmental and Swiss/Emmental types: Within access
commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
04069072 Swiss/Emmental and Swiss/Emmental types: Over access commitment 245.5% but not less than $4.34/kg E SSG
04069081 Gruyre and Gruyre types: Within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
04069082 Gruyre and Gruyre types: Over access commitment 245.5% but not less than $5.26/kg E SSG
04069091 Other: Havarti and Havarti types, within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
04069092 Other: Havarti and Havarti types, over access commitment 245.5% but not less than $4.34/kg E SSG
04069093 Other: Parmesan and Parmesan types, within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
04069094 Other: Parmesan and Parmesan types, over access commitment 245.5% but not less than $5.08/kg E SSG
04069095 Other: Romano and Romano types, within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
04069096 Other: Romano and Romano types, over access commitment 245.5% but not less than $5.15/kg E SSG
04069098 Other: Other, within access commitment 3.32/kg A
TRQ Cheese, TRQ
Industrial Cheese
Canada tariff offer
516
04069099 Other: Other, over access commitment 245.5% but not less than $3.53/kg E SSG
04070012
Of fowls of the species Gallus domesticus: Hatching, for broilers, over
access commitment
238% but not less than
$2.91/dozen E SSG
04070019
Of fowls of the species Gallus domesticus: Other, over access
commitment
163.5% but not less than
79.9/dozen E SSG
04081120 Over access commitment $6.12/kg E SSG
06031100 Roses 10.5% B
06031310 Cymbidium 16% B
06031390 Other 12.5% B
06031400 Chrysanthemums 8% B
10030012 For malting purposes: Over access commitment 94.5% C
11071012 Whole: Over access commitment $157.00/tonne C
11071092 Other: Over access commitment $160.10/tonne C
11072012 Whole: Over access commitment $141.50/tonne C
11081300 Potato starch 10.5% C
15171020 Over access commitment 82.28/kg E SSG
15179022 Substitutes for butter: Over access commitment 218% but not less than $2.47/kg E SSG
16010022
Of fowls of the species Gallus domesticus, other than in cans or glass
jars: Other than spent fowl, over access commitment 238% E SSG
16010032 Of turkeys, other than in cans or glass jars: Over access commitment 154.5% E SSG
16022022
Paste, of fowls of the species Gallus domesticus, not in cans or glass
jars: Over access commitment 238% E SSG
16022032 Paste, of turkeys, not in cans or glass jars: Over access commitment 154.5% E SSG
16023113 Prepared meals: Other, over access commitment, bone in 169.5% but not less than $3.76/kg E SSG
16023114 Prepared meals: Other, over access commitment, boneless 169.5% but not less than $6.18/kg E SSG
16023194 Other: Other, over access commitment, bone in 165% but not less than $3.67/kg E SSG
16023195 Other: Other, over access commitment, boneless 165% but not less than $6.03/kg E SSG
16023213 Prepared meals: Other, over access commitment, bone in 253% but not less than $5.91/kg E SSG
16023214 Prepared meals: Other, over access commitment, boneless 253% but not less than $10.54/kg E SSG
Canada tariff offer
517
16023294 Other: Other, over access commitment, bone in 249% but not less than $5.81/kg E SSG
16023295 Other: Other, over access commitment, boneless 249% but not less than $10.36/kg E SSG
17019100 Containing added flavouring or colouring matter $30.86/tonne S
17019900 Other $30.86/tonne S
18062022 Chocolate ice cream mix or ice milk mix: Over access commitment 265% but not less than $1.15/kg E SSG
18069012 Chocolate ice cream mix or ice milk mix: Over access commitment 265% but not less than $1.15/kg E SSG
19012012
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
19012022
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
19019032
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
19019034
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
19019052
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
19019054
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
21069032
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
21069034
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 commi 212% but not less than $2.11/kg E SSG
21069052 Egg preparations: Over access commitment $1.45/kg E SSG
21069094
Other: Containing 50% or more by weight of dairy content, over access
commitment 274.5% but not less than $2.88/kg E SSG
22029043
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
Canada tariff offer
518
23099032
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
87021010 For the transport of 16 or more persons, including the driver 6.1% C
87021020 For the transport of ten to 15 persons, including the driver 6.1% C
87029010 For the transport of 16 or more persons, including the driver 6.1% C
87029020 For the transport of ten to 15 persons, including the driver 6.1% C
87032190 Other 6.1% C
87032200 Of a cylinder capacity exceeding 1,000 cc but not exceeding 1,500 cc 6.1% D
87032400 Of a cylinder capacity exceeding 3,000 cc 6.1% D
87033100 Of a cylinder capacity not exceeding 1,500 cc 6.1% D
87033300 Of a cylinder capacity exceeding 2,500 cc 6.1% D
87039000 Other 6.1% C
87042100 g.v.w. not exceeding 5 tonnes 6.1% B
87042200 g.v.w. exceeding 5 tonnes but not exceeding 20 tonnes 6.1% B
87042300 g.v.w. exceeding 20 tonnes 6.1% B
87043100 g.v.w. not exceeding 5 tonnes 6.1% B
87043200 g.v.w. exceeding 5 tonnes 6.1% B
89011000 Cruise ships, excursion boats and similar vessels principally designed
for the transport of persons; ferry-boats of all kinds
25% D
89013000 Refrigerated vessels, other than those of subheading 8901.20 25% B
89019010 Open vessels 15% B
89019090 Other 25% B
89040000 Tugs and pusher craft. 25% D
89052010 Drilling platforms 20% B
Canada tariff offer
519
89052020 Production platforms 25% B
89059010 Drilling ships, drilling barges and floating drilling rigs 20% B
89059090 Other 25% B
89069019 Open vessels: Other 15% B
89069090 Other 25% B
Note: This Tariff Schedule uses Canada's 2009 tariff nomenclature and tariff codes. Concordance to the applicable tariff nomenclature and tariff codes (e.g. 2014)
will be done during the legal scrub.


520
EU tariff offer
521

Tariff Item Description Base Rate
Staging
Category
01051191 Laying stock "fowls of the species Gallus domesticus" of a weight of <= 185 g (excl.
grandparent and parent female chicks)
52 /1 000 p/st E
01051199 Live fowls of the species Gallus domesticus of a weight of <= 185 g (excl. turkeys,
guinea fowls, grandparent and parent female chicks and laying stocks)
52 /1 000 p/st E
01059400 Live fowls of the species Gallus domesticus, weighing > 185 20.9 /100 kg/net E
01059930 Live domestic turkeys, weighing > 185 g 23.8 /100 kg/net E
02011000 Carcases or half-carcases of bovine animals, fresh or chilled 12.8 + 176.8 /100
kg/net
E
02012020 "Compensated" quarters of bovine animals with bone in, fresh or chilled 12.8 + 176.8 /100
kg/net
E
02012030 Unseparated or separated forequarters of bovine animals, with bone in, fresh or chilled 12.8 + 141.4 /100
kg/net
E
02012050 Unseparated or separated hindquarters of bovine animals, with bone in, fresh or chilled 12.8 + 212.2 /100
kg/net
E
02012090 Fresh or chilled bovine cuts, with bone in (excl. carcases and half-carcases,
"compensated quarters", forequarters and hindquarters)
12.8 + 265.2 /100
kg/net
E
02013000 Fresh or chilled bovine meat, boneless 12.8 + 303.4 /100
kg/net
E
02021000 Frozen bovine carcases and half-carcases 12.8 + 176.8 /100
kg/net
E
02022010 Frozen "compensated" bovine quarters, with bone in 12.8 + 176.8 /100
kg/net
E
02022030 Frozen unseparated or separated bovine forequarters, with bone in 12.8 + 141.4 /100
kg/net
E
02022050 Frozen unseparated or separated bovine hindquarters, with bone in 12.8 + 221.1 /100
kg/net
E
02022090 Frozen bovine cuts, with bone in (excl. carcases and half-carcases, "compensated"
quarters, forequarters and hindquarters)
12.8 + 265.3 /100
kg/net
E
02023010 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
12.8 + 221.1 /100
kg/net
E
02023050 Frozen bovine boneless crop, chuck and blade and brisket cuts 12.8 + 221.1 /100
kg/net
E
EU tariff offer
522
02023090 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 hindquarter, excl. the tenderloin, in one piece, crop, chuck and blade and
brisket cuts)
12.8 + 304.1 /100
kg/net
E
02031211 Fresh or chilled with bone in, domestic swine hams and cuts thereof 77.8 /100 kg/net E
02031219 Fresh or chilled with bone in, domestic swine shoulders and cuts thereof 60.1 /100 kg/net E
02031911 Fresh or chilled fore-ends and cuts thereof of domestic swine 60.1 /100 kg/net E
02031913 Fresh or chilled loins and cuts thereof of domestic swine 86.9 /100 kg/net E
02031915 Fresh or chilled bellies "streaky" and cuts thereof of domestic swine 46.7 /100 kg/net E
02031955 Fresh or chilled boneless meat of domestic swine (excl. bellies and cuts thereof) 86.9 /100 kg/net E
02031959 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)
86.9 /100 kg/net E
02032211 Frozen bone-in hams and cuts thereof of domestic swine 77.8 /100 kg/net E
02032219 Frozen bone-in shoulders and cuts thereof of domestic swine 60.1 /100 kg/net E
02032911 Frozen fore-ends and cuts thereof of domestic swine 60.1 /100 kg/net E
02032913 Frozen loins and cuts thereof of domestic swine, with bone in 86.9 /100 kg/net E
02032915 Frozen bellies "streaky" and cuts thereof of domestic swine 46.7 /100 kg/net E
02032955 Frozen boneless meat of domestic swine (excl. bellies and cuts thereof) 86.9 /100 kg/net E
02032959 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)
86.9 /100 kg/net E
02050080 Frozen meat of horses, asses, mules or hinnies 5.1 B
02061095 Fresh or chilled edible bovine thick and thin skirt (excl. for manufacture of
12.8 + 303.4 /100
kg/net
E
02062991 Frozen edible bovine thick and thin skirt (excl. for manufacture of pharmaceutical
products)
12.8 + 304.1 /100
kg/net
E
02068091 Fresh or chilled edible offal of horses, asses, mules and hinnies (excl. for manufacture
of pharmaceutical products)
6.4 B
02069091 Frozen edible offal of horses, asses, mules and hinnies (excl. for manufacture of
6.4 B
02071110 Fresh or chilled, plucked and gutted fowls of species Gallus domesticus, with heads and
feet, known as "83% chickens"
26.2 /100 kg/net E
EU tariff offer
523
02071130 Fresh or chilled, plucked and drawn fowls of species Gallus domesticus, without heads
and feet but with necks, hearts, livers and gizzards, known as "70% chickens"
29.9 /100 kg/net E
02071190 Fresh or chilled, plucked and drawn fowls of species Gallus domesticus, without heads,
feet, necks, hearts, livers and gizzards, known as "65% chickens", and other forms of
fresh or chilled fowl, not cut in pieces (excl. "83% and 70% chickens")
32.5 /100 kg/net E
02071210 Frozen fowls of species Gallus domesticus, plucked and drawn, without heads and feet
but with necks, hearts, livers and gizzards, known as "70% chickens"
29.9 /100 kg/net E
02071290 Frozen fowls of species Gallus domesticus, plucked and drawn, without heads, feet,
necks, hearts, livers and gizzards, known as "65% chickens", and other forms of fowl,
not cut in pieces (excl. "70% chickens")
32.5 /100 kg/net E
02071310 Fresh or chilled boneless cuts of fowls of the species Gallus domesticus 102.4 /100 kg/net E
02071320 Fresh or chilled halves or quarters of fowls of the species Gallus domesticus 35.8 /100 kg/net E
02071330 Fresh or chilled whole wings, with or without tips, of fowls of the species Gallus
domesticus
26.9 /100 kg/net E
02071340 Fresh or chilled backs, necks, backs with necks attached, rumps and wing-tips of fowls
of the species Gallus domesticus
18.7 /100 kg/net E
02071350 Fresh or chilled breasts and cuts thereof of fowls of the species Gallus domesticus, with
bone in
60.2 /100 kg/net E
02071360 Fresh or chilled legs and cuts thereof of fowls of the species Gallus domesticus, with
bone in
46.3 /100 kg/net E
02071370 Fresh or chilled cuts of fowls of the species Gallus domesticus, with bone in (excl.
halves and quarters, whole wings, with or without tips, backs, necks, backs with necks
attached, rumps and wing-tips, breasts, legs and parts thereof)
100.8 /100 kg/net E
02071391 Fresh or chilled edible livers of fowls of the species Gallus domesticus 6.4 E
02071399 Fresh or chilled edible offal of fowls of the species Gallus domesticus (excl. livers) 18.7 /100 kg/net E
02071410 Frozen boneless cuts of fowls of the species Gallus domesticus 102.4 /100 kg/net E
02071420 Frozen halves or quarters of fowls of the species Gallus domesticus 35.8 /100 kg/net E
02071430 Frozen whole wings, with or without tips, of fowls of the species Gallus domesticus 26.9 /100 kg/net E
02071440 Frozen backs, necks, backs with necks attached, rumps and wing-tips of fowls of the
species Gallus domesticus
18.7 /100 kg/net E
EU tariff offer
524
02071450 Frozen breasts and cuts thereof of fowls of the species Gallus domesticus, with bone in 60.2 /100 kg/net E
02071460 Frozen legs and cuts thereof of fowls of the species Gallus domesticus, with bone in 46.3 /100 kg/net E
02071470 Frozen cuts of fowls of the species Gallus domesticus, with bone in (excl. halves or
quarters, whole wings, with or without tips, backs, necks, backs with necks attached,
rumps and wing-tips, breasts, legs and cuts thereof)
100.8 /100 kg/net E
02071491 Frozen edible livers of fowls of the species Gallus domesticus 6.4 E
02071499 Frozen edible offal of fowls of the species Gallus domesticus (excl. livers) 18.7 /100 kg/net E
02072410 Fresh or chilled, plucked and drawn turkeys of the species domesticus, without heads
and feet but with necks, hearts, livers and gizzards, known as "80% turkeys"
34 /100 kg/net E
02072490 Fresh or chilled, plucked and drawn turkeys of the species domesticus, without heads,
feet, necks, hearts, livers and gizzards, known as "73% turkeys", and other forms of
fresh or chilled turkeys, not cut in pieces (excl. "80% turkeys")
37.3 /100 kg/net E
02072510 Frozen turkeys of the species domesticus, plucked and drawn, without heads and feet
but with necks, hearts, livers and gizzards, known as "80% turkeys"
34 /100 kg/net E
02072590 Frozen turkeys of the species domesticus, plucked and drawn, without heads, feet,
necks, hearts, livers and gizzards, known as "73% turkeys", and other forms of turkeys,
not cut in pieces (excl. "80% turkeys")
37.3 /100 kg/net E
02072610 Fresh or chilled boneless cuts of turkeys of the species domesticus 85.1 /100 kg/net E
02072620 Fresh or chilled halves or quarters of turkeys of the species domesticus 41 /100 kg/net E
02072630 Fresh or chilled whole wings, with or without tips, of turkeys of the species domesticus 26.9 /100 kg/net E
02072640 Fresh or chilled backs, necks, backs with necks attached, rumps and wing-tips of
turkeys of the species domesticus
18.7 /100 kg/net E
02072650 Fresh or chilled breasts and cuts thereof of turkeys of the species domesticus, with
bone in
67.9 /100 kg/net E
02072660 Fresh or chilled drumsticks and cuts thereof of turkeys of the species domesticus, with
bone in
25.5 /100 kg/net E
02072670 Fresh or chilled legs and cuts thereof of turkeys of the species domesticus, with bone in
(excl. drumsticks)
46 /100 kg/net E
EU tariff offer
525
02072680 Fresh or chilled cuts of turkeys of the species domesticus, with bone in (excl. halves or
quarters, whole wings, with or without tips, backs, necks, backs with necks attached,
rumps and wing-tips, breasts, legs and cuts thereof)
83 /100 kg/net E
02072691 Fresh or chilled edible livers of turkeys of the species domesticus 6.4 E
02072699 Fresh or chilled edible offal of turkeys of the species domesticus (excl. livers) 18.7 /100 kg/net E
02072710 Frozen boneless cuts of turkeys of the species domesticus 85.1 /100 kg/net E
02072720 Frozen halves and quarters of turkeys of the species domesticus 41 /100 kg/net E
02072730 Frozen whole wings, with or without tips, of turkeys of the species domesticus 26.9 /100 kg/net E
02072740 Frozen backs, necks, backs with necks attached, rumps and wing-tips of turkeys of the
species domesticus
18.7 /100 kg/net E
02072750 Frozen breasts and cuts thereof of turkeys of the species domesticus, with bone in 67.9 /100 kg/net E
02072760 Frozen drumsticks and cuts thereof of turkeys of the species domesticus, with bone in 25.5 /100 kg/net E
02072770 Frozen legs and cuts thereof of turkeys of the species domesticus, with bone in (excl.
drumsticks)
46 /100 kg/net E
02072780 Frozen cuts of turkeys of the species domesticus, with bone in (excl. halves or quarters,
whole wings, with or without tips, backs, necks, backs with necks attached, rumps and
wing-tips, breasts, legs and cuts thereof)
83 /100 kg/net E
02072791 Frozen edible livers of turkeys of the species domesticus 6.4 E
02072799 Frozen edible offal of turkeys of the species domesticus (excl. livers) 18.7 /100 kg/net E
02101111 Domestic swine hams and cuts thereof, salted or in brine, with bone in 77.8 /100 kg/net E
02101119 Domestic swine shoulders and cuts thereof, salted or in brine, with bone in 60.1 /100 kg/net E
02101131 Domestic swine hams and cuts thereof, dried or smoked, with bone in 151.2 /100 kg/net E
02101139 Domestic swine shoulders and cuts thereof, dried or smoked, with bone in 119 /100 kg/net E
02102010 Meat of bovine animals, salted, in brine, dried or smoked, with bone in 15.4 + 265.2 /100
kg/net
E
02102090 Boneless meat of bovine animals, salted, in brine, dried or smoked 15.4 + 303.4 /100
kg/net
E
02109910 Horsemeat, salted, in brine or dried 6.4 B
02109921 Meat of sheep and goats, salted, in brine, dried or smoked, with bone in 222.7 /100 kg/net D
02109929 Boneless meat of sheep and goats, salted, in brine, dried or smoked 311.8 /100 kg/net D
02109931 Reindeer meat, salted, in brine, dried or smoked 15.4 B
EU tariff offer
526
02109939 Meat, salted, in brine, dried or smoked (excl. of swine, bovine animals, reindeer, sheep
or goats, primates, whales, dolphins and purpoises "mammals of the order Cetacea",
manatees and dugongs "mammals of the order Sirenia", reptiles, and meat, salted, in
brine or dried, of horses)
130 /100 kg/net B
02109951 Edible thick skirt and thin skirt of bovine animals, salted, in brine, dried or smoked 15.4 + 303.4 /100
kg/net
E
02109959 Edible offal of bovine animals, salted, in brine, dried or smoked (excl. thick skirt and thin
skirt)
12.8 E
02109960 Edible offal of sheep and goats, salted, in brine, dried or smoked 15.4 B
02109979 Edible poultry liver, salted, in brine, dried or smoked (excl. fatty goose or duck livers) 6.4 B
02109980 Edible offal, salted, in brine, dried or smoked (excl. of domestic swine, bovine animals,
sheep, goats, primates, whales, dolphins and purpoises "mammals of the order
Cetacea", manatees and dugongs "mammals of the order Sirenia", reptiles and poultry
liver)
15.4 B
02109990 Edible flours and meals, of meat and meat offal 15.4 + 303.4 /100
kg/net
D
03042929 Frozen fillets of cod "Gadus morhua, Gadus ogac" and of fish of species "Boreogadus
saida"
7.5 D
03054945 Trout "Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus
aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus
chrysogaster", smoked, incl. fillets
14 D
03061210 Frozen lobsters "Homarus spp.", whole, incl. lobsters in shell, cooked by steaming or by
boiling in water
6 B
03061290 Frozen lobsters "Homarus spp." (excl. whole) 16 B
03061490 Frozen crabs, whether in shell or not, incl. crabs in shell, cooked by steaming or by
boiling in water (excl. "Paralithodes camchaticus, Chionoecetes spp.", "Callinectes
sapidus", and "Cancer pagurus")
7.5 B
04070019 Poultry eggs for hatching (excl. turkey or goose) 35 /1 000 p/st E
04070030 Poultry eggs, in shell, fresh, preserved or cooked (excl. for hatching) 30.4 /100 kg/net E
04081180 Egg yolks, dried, for human consumption, whether or not containing added sugar or
other sweetening matter
142.3 /100 kg/net E
04081981 Egg yolks, liquid, suitable for human consumption, whether or not containing added
sugar or other sweetening matter
62 /100 kg/net E
04081989 Egg yolks (other than liquid), frozen or otherwise preserved, suitable for human
consumption, whether or not containing added sugar or other sweetening matter (excl.
dried)
66.3 /100 kg/net E
04089180 Dried birds'' eggs, not in shell, whether or not containing added sugar or other
sweetening matter, suitable for human consumption (excl. egg yolks)
137.4 /100 kg/net E
EU tariff offer
527
04089980 Birds'' eggs, not in shell, fresh, cooked by steaming or by boiling in water, moulded,
frozen or otherwise preserved, whether or not containing added sugar or other
sweetening matter, suitable for human consumption (excl. dried and egg yolks)
35.3 /100 kg/net E
07020000 Tomatoes, fresh or chilled See Annex 2 of
Commission Regulation
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
07070005 Cucumbers, fresh or chilled See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
07099070 Fresh or chilled courgettes See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
07099080 Fresh or chilled globe artichokes See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
07104000 Sweetcorn, uncooked or cooked by steaming or by boiling in water, frozen 5.1 + 9.4 /100 kg/net D
08051020 Fresh sweet oranges See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08052010 Fresh or dried clementines See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08052030 Fresh or dried monreales and satsumas See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08052050 Fresh or dried mandarins and wilkings See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
EU tariff offer
528
08052070 Fresh or dried tangerines See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08052090 Fresh or dried tangelos, ortaniques, malaquinas and similar citrus hybrids (excl.
clementines, monreales, satsumas, mandarins, wilkings and tangerines)
See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08055010 Fresh or dried lemons "Citrus limon, Citrus limonum" See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08061010 Fresh table grapes See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08081080 Fresh apples (excl. cider apples, in bulk, from 16 September to 15 December) See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08082050 Fresh pears (excl. perry pears, in bulk, from 1 August to 31 December) See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08091000 Fresh apricots See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08092005 Fresh sour cherries "Prunus cerasus" See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08092095 Fresh cherries (excl. sour cherries "Prunus cerasus") See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08093010 Fresh nectarines See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
EU tariff offer
529
08093090 Fresh peaches (excl. nectarines) See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
08094005 Fresh plums See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
10011000 Durum wheat 148 /t D
10019099 Spelt, common wheat and meslin (excl. seed) 95 /t D
10020000 Rye 93 /t D
10030090 Barley (excl. seed) 93 /t D
10040000 Oats 89 /t D
11081100 Wheat starch 224 /t D
11081200 Maize starch 166 /t D
11081300 Potato starch 166 /t D
11081400 Manioc starch 166 /t D
11081910 Rice starch 216 /t D
11081990 Starch (excl. wheat, maize, potato, manioc and rice) 166 /t D
16041411 Prepared or preserved tunas and skipjack, whole or in pieces, in vegetable oil (excl.
minced)
24 D
16041416 Fillets known as "loins" of tunas or skipjack, prepared or preserved (excl. such products
in vegetable oil)
24 D
16041418 Prepared or preserved tunas and skipjack (excl. minced, fillets known as "loins" and
such products in vegetable oil)
24 D
16041490 Prepared or preserved bonito "sarda spp.", whole or in pieces (excl. minced) 25 D
16042070 Prepared or preserved tunas, skipjack or other fish of genus Euthynnus (excl. whole or
in pieces)
24 D
16051000 Crab, prepared or preserved 8 D
16052010 Shrimps and prawns, prepared or preserved, in airtight containers 20 D
16052099 Shrimps and prawns, prepared or preserved, in immediate packings of a net content of
> 2 kg (excl. shrimps and prawns in airtight containers)
20 D
16053090 Lobster, prepared or preserved (excl. lobster meat, cooked, for the manufacture of
lobster butter or of lobster pastes, pts, soups or sauces)
20 C
16059011 Mussels of the species Mytilus and of the species Perna, prepared or preserved, in
airtight containers
20 D
EU tariff offer
530
16059019 Mussels of the species Mytilus and of the species Perna, prepared or preserved (excl.
mussels in airtight containers)
20 D
16059030 Mussels, snails and other molluscs, prepared or preserved (excl. mussels of the species
Mytilus and of the species Perna)
20 C
17011110 Raw cane sugar, for refining (excl. added flavouring or colouring) 33.9 /100 kg/net D
17011190 Raw cane sugar (excl. for refining and added flavouring or colouring) 41.9 /100 kg/net D
17011210 Raw beet sugar, for refining (excl. added flavouring or colouring) 33.9 /100 kg/net D
17011290 Raw beet sugar (excl. for refining and added flavouring or colouring) 41.9 /100 kg/net D
17019100 Refined cane or beet sugar, containing added flavouring or colouring, in solid form 41.9 /100 kg/net D
17019910 White sugar, containing in dry state>= 99,5% sucrose (excl. flavoured or coloured) 41.9 /100 kg/net D
17019990 Cane or beet sugar and chemically pure sucrose, in solid form (excl. cane and beet
sugar containing added flavouring or colouring, raw sugar and white sugar)
41.9 /100 kg/net D
20058000 Sweetcorn "Zea Mays var. Saccharata", prepared or preserved otherwise than by
vinegar or acetic acid (excl. frozen)
5.1 + 9.4 /100 kg/net E
20096110 Grape juice, incl. grape must, unfermented, Brix value <= 30 at 20C, value of > 18
per 100 kg, whether or not containing added sugar or other sweetening matter (excl.
containing spirit)
See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
20096919 Grape juice, incl. grape must, unfermented, Brix value > 67 at 20C, value of > 22 per
100 kg, whether or not containing added sugar or other sweetening matter (excl.
containing spirit)
See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
20096951 Concentrated grape juice, incl. grape must, unfermented, Brix value > 30 but <= 67 at
20C, value of > 18 per 100 kg, whether or not containing added sugar or other
sweetening matter (excl. containing spirit)
See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
20096959 Grape juice, incl. grape must, unfermented, Brix value > 30 but <= 67 at 20C, value of
> 18 per 100 kg, whether or not containing added sugar or other sweetening matter
(excl. concentrated or containing spirit)
See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
22043092 Grape must, unfermented, concentrated within the meaning of Additional Note 7 to
chapter 22, of a density <= 1,33 g/cmat 20C and of an actual alcoholic strength <=
1% vol but > 0,5% vol (excl. grape must whose fermentation has been arrested by the
addition of alcohol)
See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
EU tariff offer
531
22043094 Grape must, unfermented, non-concentrated, of a density <= 1,33 g/cmat 20C and of
an actual alcoholic strength <= 1% vol but > 0,5% vol (excl. grape must whose
fermentation has been arrested by the addition of alcohol)
See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
22043096 Grape must, unfermented, concentrated within the meaning of Additional Note 7 to
chapter 22, of a density > 1,33 g/cmat 20C and of an actual alcoholic strength <= 1%
vol but > 0,5% vol (excl. grape must whose fermentation has been arrested by the
addition of alcohol)
See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
22043098 Grape must, unfermented, non-concentrated, of a density > 1,33 g/cmat 20C and of
an actual alcoholic strength <= 1% vol but > 0,5% vol (excl. grape must whose
fermentation has been arrested by the addition of alcohol)
See Annex 2 of
(EC) No 1031/2008 (OJ
31.12.2008, p. 669-
703)
AV0+EP
87021011 Motor vehicles for the transport of >= 10 persons, incl. driver, with compression-ignition
internal combustion piston engine "diesel or semi-diesel engine", of a cylinder capacity
of > 2.500 cm, new
16 C
of > 2.500 cm, used
16 C
of <= 2.500 cm, new
10 C
of <= 2.500 cm, used
10 C
87029011 Motor vehicles for the transport of >= 10 persons, incl. driver, with spark-ignition internal
combustion piston engine, of a cylinder capacity of > 2.800 cm, new
16 C
combustion piston engine, of a cylinder capacity of > 2.800 cm, used
16 C
combustion piston engine, of a cylinder capacity of <= 2.800 cm, new
10 C
combustion piston engine, of a cylinder capacity of <= 2.800 cm, used
10 C
87029090 Motor vehicles for the transport of >= 10 persons, incl. driver, not with internal
combustion piston engine
10 C
EU tariff offer
532
87032110 Motor cars and other motor vehicles principally designed for the transport of persons,
incl. station wagons and racing cars, with spark-ignition internal combustion
reciprocating piston engine of a cylinder capacity <= 1.000 cm, new (excl. vehicles for
the transport of persons on snow and other specially designed vehicles of subheading
8703.10)
10 C
reciprocating piston engine, of a cylinder capacity > 1.000 cmbut <= 1.500 cm, new
(excl. those of heading 8702 and vehicles for the transport of persons on snow and
similar vehicles of subheading 8703.10)
10 D
reciprocating piston engine of a cylinder capacity > 1.000 cmbut <= 1.500 cm, used
(excl. vehicles for the transport of persons on snow and other specially designed
vehicles of subheading 8703.10)
10 D
87032311 Motors caravans with spark-ignition internal combustion reciprocating piston engine, of
a cylinder capacity > 1.500 cmbut <= 3.000 cm, new
10 D
87032319 Motor cars and other motor vehicles principally designed for the transport of persons
(other than those of heading No 8702), incl. station wagons and racing cars, with spark-
ignition internal combustion reciprocating piston engine, of a cylinder capacity > 1.500
cmbut <= 3.000 cm, new (excl. 8703.10-10 and 8703.23.11)
10 D
reciprocating piston engine of a cylinder capacity > 1.500 cmbut <= 3.000 cm, used
10 D
reciprocating piston engine of a cylinder capacity > 3.000 cm, new (excl. vehicles for
8703.10)
10 D
EU tariff offer
533
reciprocating piston engine of a cylinder capacity > 3.000 cm, used (excl. vehicles for
8703.10)
10 D
incl. station wagons and racing cars, with compression-ignition internal combustion
piston engine "diesel or semi-diesel engine" of a cylinder capacity <= 1.500 cm, new
10 D
piston engine "diesel or semi-diesel engine" of a cylinder capacity <= 1.500 cm, used
10 D
87033211 Motor caravans with compression-ignition internal combustion piston engine "diesel or
semi-diesel engine" of a cylinder capacity > 1.500 cmbut <= 2.500 cm, new
10 D
87033219 Motor cars and other motor vehicles, principally designed for the transport of persons,
incl. station wagons, with compression-ignition internal combustion piston engine "diesel
or semi-diesel engine" of a cylinder capacity > 1.500 cmbut <= 2.500 cm, new (excl.
motor caravans and vehicles specially designed for travelling on snow and other special
purpose vehicles of subheading 8703.10)
10 D
piston engine "diesel or semi-diesel engine" of a cylinder capacity > 1.500 cmbut <=
2.500 cm, used (excl. vehicles for the transport of persons on snow and other specially
designed vehicles of subheading 8703.10)
10 D
87033311 Motor caravans with compression-ignition internal combustion piston engine "diesel or
semi-diesel engine" of a cylinder capacity > 2.500 cm, new
10 D
EU tariff offer
534
87033319 Motor cars and other motor vehicles, principally designed for the transport of persons,
incl. station wagons, with compression-ignition internal combustion piston engine "diesel
or semi-diesel engine" of a cylinder capacity > 2.500 cm, new (excl. motor caravans
and vehicles specially designed for travelling on snow and other special purpose
10 D
piston engine "diesel or semi-diesel engine" of a cylinder capacity > 2.500 cm, used
10 D
87039010 Motor cars and other vehicles principally designed for the transport of persons, with
electric motors (excl. motor vehicles of heading 8702, vehicles for the transport of
persons on snow and other specially designed vehicles of subheading 8703.10)
10 C
incl. station wagons and racing cars, with engines other than spark-ignition internal
combustion reciprocating piston engine or electric motors (excl. vehicles for the
transport of persons on snow and other specially designed vehicles of subheading
8703,10)
10 C
87042110 Motor vehicles for the transport of highly radioactive materials [Euratom], with
compression-ignition internal combustion piston engine "diesel or semi-diesel engine" of
a gross vehicle weight <= 5 t
3.5 B
87042131 Motor vehicles for the transport of goods, with compression-ignition internal combustion
piston engine "diesel or semi-diesel engine" of a gross vehicle weight <= 5 t, of a
cylinder capacity > 2.500 cm, new (excl. dumpers for off-highway use of subheading
8704.10, special purpose motor vehicles of heading 8705 and special motor vehicles for
the transport of highly radioactive materials)
22 B
cylinder capacity > 2.500 cm, used (excl. dumpers for off-highway use of subheading
22 B
EU tariff offer
535
cylinder capacity <= 2.500 cm, new (excl. dumpers for off-highway use of subheading
10 B
cylinder capacity <= 2.500 cm, used (excl. dumpers for off-highway use of subheading
10 B
87042210 Motor vehicles, with compression-ignition internal combustion piston engine "diesel or
semi-diesel engine" of a gross vehicle weight > 5 t but <= 20 t, for the transport of highly
radioactive materials [Euratom]
3.5 B
piston engine "diesel or semi-diesel engine" of a gross vehicle weight > 5 t but <= 20 t,
new (excl. dumpers for off-highway use of subheading 8704.10, special purpose motor
vehicles of heading 8705 and special motor vehicles for the transport of highly
radioactive materials)
22 B
piston engine "diesel or semi-diesel engine" of a gross vehicle weight > 5 t but <= 20 t,
used (excl. dumpers for off-highway use of subheading 8704.10, special purpose motor
vehicles of heading 8705 and special motor vehicles for the transport of highly
radioactive materials)
22 B
87042310 Motor vehicles with compression-ignition internal combustion piston engine "diesel or
semi-diesel engine" of a gross vehicle weight > 20 t, for the transport of highly
radioactive materials [Euratom]
3.5 B
piston engine "diesel or semi-diesel engine" of a gross vehicle weight > 20 t, new (excl.
dumpers for off-highway use of subheading 8704.10, special purpose motor vehicles of
heading 8705 and special motor vehicles for the transport of highly radioactive
materials)
22 B
EU tariff offer
536
piston engine "diesel or semi-diesel engine" of a gross vehicle weight > 20 t, used (excl.
materials)
22 B
87043110 Motor vehicles, with spark-ignition internal combustion piston engine, of a gross vehicle
weight <= 5 t, for the transport of highly radioactive materials [Euratom]
3.5 B
87043131 Motor vehicles for the transport of goods, with spark-ignition internal combustion piston
engine, of a gross vehicle weight <= 5 t, of a cylinder capacity > 2.800 cm, new (excl.
materials)
22 B
engine, of a gross vehicle weight <= 5 t, of a cylinder capacity > 2.800 cm, used (excl.
materials)
22 B
engine, of a gross vehicle weight <= 5 t, of a cylinder capacity <= 2.800 cm, new (excl.
materials)
10 B
engine, of a gross vehicle weight <= 5 t, of a cylinder capacity <= 2.800 cm, used (excl.
materials)
10 B
87043210 Motor vehicles, with spark-ignition internal combustion piston engine, of a gross vehicle
weight > 5 t, for the transport of highly radioactive materials [Euratom]
3.5 B
engine, of a gross vehicle weight > 5 t, new (excl. dumpers for off-highway use of
subheading 8704.10, special purpose motor vehicles of heading 8705 and special motor
vehicles for the transport of highly radioactive materials)
22 B
EU tariff offer
537

engine, of a gross vehicle weight > 5 t, used (excl. dumpers for off-highway use of
subheading 8704.10, special purpose motor vehicles of heading 8705 and special motor
vehicles for the transport of highly radioactive materials)
22 B
Product Specific Rules of Origin Published on 26 September 2014
538
ANNEX 1

PRODUCT-SPECIFIC RULES OF ORIGIN

INTRODUCTORY NOTES TO ANNEX 1

6. This Annex sets out the conditions required for a product to be considered originating within the
meaning of Article 5 (Sufficient Production).

7. The following definitions apply:

subheading means any six-digit number, or the first six digits of any number, used in the
Harmonized System,

heading means any four-digit number, or the first four digits of any number, used in the
Harmonized System,

chapter means a chapter of the Harmonized System, and

section means a section of the Harmonized System.

8. 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.

9. 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.

10. 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.

11. 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.
Article 1 (Definitions) of the Rules of Origin and Origin Procedures Protocol includes definitions
of net weight of non-originating material and net weight of the product.

12. 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 the Rules of Origin and Origin Procedures Protocol.

13. Where a product-specific rule of origin requires:

a change from any other chapter, heading or subheading, or a change to [a product]
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.

539
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.

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.

a product is wholly obtained, the product must be wholly obtained within the meaning of
Article 4 (Wholly Obtained Products). Where a shipment consists of a number of identical
products classified under the specified [tariff provision], each product shall be considered
separately.

production in which all the [material] of [tariff provision] used is wholly obtained, all of
the material of the specified [tariff provision] used in production of the product must be
wholly obtained within the meaning of Article 4 (Wholly Obtained Products).

a change from [tariff provision], 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 material. Where 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.

that the value of the non-originating materials of [tariff provision] 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 material. The percentage for the maximum value of non-originating
material as set out in this rule of origin may not be exceeded through the use of Article 6
(Tolerance).

that the value of the 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
material classified in the same [tariff provision] as the final product is considered when
calculating the value of non-originating material. The percentage for the maximum value of
non-originating material as set out in this rule of origin may not be exceeded through the use
of Article 6 (Tolerance).

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
material is considered when calculating the value of non-originating material. The percentage
for the maximum value of non-originating material as set out in this rule of origin may not be
exceeded through the use of Article 6 (Tolerance).

that the net weight of the non-originating [material] of [tariff classification] used in
production does not exceed [x] per cent of the net weight of the product, the specified
540
non-originating material 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. 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).

14. 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.

15. Where 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.

16. 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.

17. The product-specific rules of origin set out in this Annex also apply to used products.

541
Harmonized
System
Classification
Sufficient production
Section I Live Animals; Animal Products
Chapter 1

01.01-01.06
Live Animals

All animals of Chapter 1 are wholly obtained.
Chapter 2

02.01-02.10
Meat and Edible Meat Offal

Production in which all the material of Chapters 1 or 2 used is wholly obtained.
Chapter 3

03.01-03.07
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.

Production in which all the material of Chapter 3 used is wholly obtained.
Chapter 4

04.01

0402.10

0402.21-0402.99

Dairy Produce; Birds Eggs; Natural Honey; Edible Products of Animal
Origin, Not Elsewhere Specified or Included

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.

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.

that:



542
Harmonized
System
Classification
04.03-04.06

04.07-04.10
that:



Production in which:


Chapter 5

0501.00-0511.99
Products of Animal Origin, Not Elsewhere Specified or Included

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 non-Party.
Chapter 6

06.01-06.04
Live Trees and Other Plants; Bulbs, Roots and the Like; Cut Flowers and
Ornamental Foliage

Chapter 7

07.01-07.09

0710.10-0710.80

0710.90

Edible Vegetables and Certain Roots and Tubers



A change from any other subheading, provided that:

a. the net weight of non-originating asparagus, beans, broccoli, cabbage, carrots,
543
Harmonized
System
Classification

07.11

0712.20-0712.39

0712.90

07.13-07.14
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 all non-originating vegetables of Chapter 7 used in production
does not exceed 50 per cent of the net weight of the product.



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 all 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.

Chapter 8

08.01-08.10

08.11

08.12

0813.10-0813.40
Edible Fruits and Nuts; Peel of Citrus Fruit or Melons


Production in which:




544
Harmonized
System
Classification

0813.50

08.14


(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 all non-originating fruits and nuts of Chapter 8 used in
production does not exceed 80 per cent of the net weight of the product.

Chapter 9

0901.11-0901.90

0902.10-0910.99
Coffee, Tea, Mat and Spices

A change from any other subheading.

Chapter 10

10.01-10.08
Cereals

All the cereals of Chapter 10 are wholly obtained.
Chapter 11

11.01-11.09
Products of the Milling Industry; Malt; Starches; Inulin; Wheat Gluten

Production in which all the material of heading 07.01, subheading 0710.10, Chapter
10 through 11 or heading 23.02 through 23.03 used is wholly obtained.
Chapter 12

12.01-12.07

12.08

Oil Seeds and Oleaginous Fruits; Miscellaneous Grains, Seeds and Fruit;
Industrial or Medicinal Plants; Straw and Fodder

A change from any other heading.

A change from any other chapter.

545
Harmonized
System
Classification
12.09-12.14 A change from any other heading.
Chapter 13

1301.20-1301.90

1302.11-1302.39
Lac; Gums, Resins and other Vegetable Saps and Extracts


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

1401.10-1404.90
Vegetable Plaiting Materials; Vegetable Products Not Elsewhere Specified or
Included

Section III Animal or Vegetable Fats and Oils and their Cleavage Products; Prepared
Edible Fats; Animal or Vegetable Waxes
Chapter 15

15.01-15.04

15.05

15.06

15.07-15.08

15.09-15.10

15.11-15.15

1516.10

1516.20

15.17

Animal or Vegetable Fats and Oils and the Cleavage Products; Prepared
Edible Fats; Animal or Vegetable Waxes





Production in which all the olive oils of heading 15.09 through 15.10 are wholly
obtained.




A change from any other heading, except from heading 15.07 through 15.15,
subheading 1516.20 or heading 15.18.

Note:

546
Harmonized
System
Classification

15.18

15.20

15.21-15.22
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.

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.

A change from with this heading or any other heading.

Section IV Prepared Foodstuffs; Beverages, Spirits and Vinegar; Tobacco and
Manufactured Tobacco Substitutes
Chapter 16

16.01-16.02

16.03

16.04-16.05
Preparations of Meat, of Fish or of Crustaceans, Molluscs or other Aquatic
Invertebrates

A change from any other chapter, except from Chapter 2.

A change from any other chapter, except from Chapter 2 through 3.

A change from any other chapter, except from Chapter 3.
Chapter 17

17.01

17.02

17.03

17.04
Sugars and Sugar Confectionary


A change from any other heading, except from subheading 1701.91 through
1701.99, provided that the net weight of non-originating material of heading 11.01
through 11.08, subheading 1701.11 through 1701.12 or heading 17.03 used in
production does not exceed 20 per cent of the net weight of the product.


A change from any other heading, provided that:
547
Harmonized
System
Classification

(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

18.01-18.02

1803.10-1803.20

18.04-18.05

18.06
Cocoa and Cocoa Preparations





(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

Chapter 19

19.01

Preparations of Cereals, Flour, Starch or Milk; Pastrycooks Products


(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,

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
548
Harmonized
System
Classification

1902.11-1902.19

1902.20

1902.30-1902.40

19.03

(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.


(a) the net weight of non-originating material of heading 10.06 or heading 11.01
through 11.08 used in production does not exceed 20 per cent of the net weight
of the product,

per cent of the net weight of the product, and

not exceed 20 per cent of the weight of the net weight of the product.

(a) the net weight of non-originating material of Chapter 2 through 3 or Chapter 16

(b) the net weight of non-originating material of heading 10.06 or heading 11.01
of the product,

(c) the net weight of non-originating sugar used in production does not exceed 20

(d) the net weight of non-originating material of Chapter 4 used in production does


of the product,



549
Harmonized
System
Classification

1904.10-1904.20

1904.30

1904.90

(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



of the product,



product.


of the product, and



of the product,



550
Harmonized
System
Classification

19.05
product.


of the product,



product.
Chapter 20

20.01

20.02-20.03

20.04-20.05

20.06

2007.10-2007.91

2007.99

Preparations of Vegetables, Fruit, Nuts or other Parts of Plants


A change from any other heading, in which all the material of Chapter 7 used is
wholly obtained.


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

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.

A change to jams, fruit jellies, fruit spreads or fruit butters from any other heading,
551
Harmonized
System
Classification

2008.11-2008.19

2008.20-2008.50

2008.60

2008.70

2008.80

2008.91

2008.92

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

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.

product.

product.

product.

product.

product.

product.

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

552
Harmonized
System
Classification

2008.99

2009.11-2009.79

2009.80

2009.90
A change to any other product of subheading 2008.92 from any other heading,

A change to preparations of blueberries, cranberries, 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


product.

A change to cranberry juice 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; or


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 2009, provided that:

(a) the net weight of non-originating juice of heading 20.09 in single strength form
and

per cent of the net weight of the product; or

provided that net weight of non-originating sugar used in production does not
Chapter 21

2101.11-2101.30
Miscellaneous Edible Preparations

553
Harmonized
System
Classification

2102.10-2102.30

2103.10

2103.20

2103.30

(a) the net weight of non-originating sugar used in production does not exceed 20





(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.

A change to tomato ketchup or barbeque sauce from any other subheading,
provided that:


(b) the net weight of non-originating material of heading 04.07 through 04.08 or
heading 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 through 04.08 or heading 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





554
Harmonized
System
Classification

2103.90

2104.10-2105.00

21.06

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 foods manufacture or preparation before it is
served, or after the food has been served.

A change to barbeque sauce, fruit-based sauces, mixed condiments or mixed
seasonings from any other subheading, provided that:


(b) the net weight of non-originating material of heading 04.07 through 04.08 or
heading 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 through 04.08 or heading 04.10 used in production does not exceed 50
per cent of the weight of the product; or

A change to any other product of subheading 2103.90 from any other subheading,
provided that







555
Harmonized
System
Classification

Chapter 22

22.01

2202.10

2202.90

22.03

22.04

22.05-22.06

22.07-22.09
Beverages, Spirits and Vinegar





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:


in production does not exceed 20 per cent of the net weight of the product; or

provided that:




A change from any other heading, except from subheading 0806.10, 2009.61 or
2009.69 or heading 22.07 through 22.08.


A change from any other heading outside this group, except from heading 22.04.
556
Harmonized
System
Classification
Chapter 23

23.01

23.02

2303.10

2303.20-2303.30

23.04-23.08

23.09
Residues and Waste from the Food Industries; Prepared Animal Fodder


material of Chapter 10 used in production does not exceed 20 per cent of the net
weight of the product.




A change from any other heading, except from Chapter 2 through 3, provided that:

(a) the net weight of non-originating material of Chapter 10 through 11 used in
production does not exceed 20 per cent of the net weight of the product,


Chapter 24

24.01

2402.10

2402.20

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 non-Party.

Production in which all the material of heading 24.01 used is wholly obtained.

weight of all the material of Chapter 24 used in the production of the product.

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
557
Harmonized
System
Classification

2402.90

24.03
per cent by net weight of all the material of Chapter 24 used in the production of
the product.


Section V Mineral Products
Chapter 25

25.01-25.03

2504.10-2504.90

25.05-25.14

2515.11-2516.90

25.17

2518.10-2520.20

25.21-25.23

2524.10-2525.30

25.26-25.29

2530.10-2530.90
Salt; Sulphur; Earths and Stone; Plastering Materials; Lime and Cement










Chapter 26

26.01-26.21
Ores, Slag and Ash

Chapter 27

27.01-27.09
Mineral Fuels, Mineral Oils and Products of Their Distillation; Bituminous
Substances; Mineral Waxes

A change from within any one of these headings or any other heading.
558
Harmonized
System
Classification

27.10

27.11-27.16

A change from within this heading or any other heading, except from biodiesel of
subheading 3824.90.

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 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
559
Harmonized
System
Classification

2801.10-2853.00
isolated material underwent a chemical reaction in the territory or one or both of
the Parties.

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 the 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 good 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 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
560
Harmonized
System
Classification

2901.10-2942.00
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.


Chapter 30

3001.20-3005.90

3006.10-3006.60

3006.70-3006.92
Pharmaceutical Products



Chapter 31

31.01

31.02

3103.10-3104.90

31.05
Fertilisers

A change from within this heading or any other heading.

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 the non-originating materials of this
heading does not exceed 20 per cent of the transaction value or ex-works price of
the product.



the product.
Chapter 32

3201.10-3210.00
Tanning or Dyeing Extracts; Tannins and Their Derivatives; Dyes, Pigments
and Other Colouring Matter; Paints and Varnishes; Putty and Other Mastics;
Inks

A change from within any of these subheadings or any other subheading.
561
Harmonized
System
Classification

32.11-32.12

3213.10

3213.90

32.14-32.15


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 the 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.


the product.


the product.


Chapter 33

3301.12-3301.90

3302.10

3302.90

Essential Oils and Resinoids; Perfumery, Cosmetic or Toilet Preparations



A change from any other heading, provided that the weight of non-originating
materials of heading 17.01 through 17.02 does not exceed 20 per cent of the net


562
Harmonized
System
Classification
33.03

33.04-33.07

the product.


Chapter 34

3401.11-3401.20

3401.30

3402.11-3402.19

3402.20

3402.90

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


the product.

A change from any other heading, except from subheading 3402.90; or

other heading except subheading 3402.90, provided that the value of the non-
originating materials of this heading does not exceed 20 per cent of the transaction
value or ex-works price of the product.



A change from any other subheading, except from subheading 3402. 90.


563
Harmonized
System
Classification

3403.11-3405.90

34.06

34.07
A change from within this subheading, whether or not there is also a change from
any other subheading, provided that the value of the non-originating materials of
this subheading does not exceed 20 per cent of the transaction value or ex-works
price of the product.



the product.

A change from any other heading: or

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 34.07 does not exceed
50 per cent of the transaction value or ex-works price of the set.
Chapter 35

35.01-35.02

35.03

35.04

Albuminoidal Substances; Modified Starches; Glues; Enzymes

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.

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 material of
Chapter 2 other than swine skin or Chapter 3 other than fish skin does not exceed 40

A change to milk protein substances from any other heading, except from Chapter 4
or dairy preparations of heading 1901.90 containing more than 10 per cent by dry
weight of milk solids;
564
Harmonized
System
Classification

35.05

35.06-35.07

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 material of Chapter 2 through 4 or
heading 11.08 does not exceed 40 per cent of the transaction value or ex-works

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 material of heading 11.08 does
not exceed 40 per cent of the transaction value or ex-works price of the product.


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

36.01-36.06
Explosives; Pyrotechnic Products; Matches; Pyrophoric Alloys; Certain
Combustible Preparations


Chapter 37

37.01

37.02

Photographic or Cinematographic Goods


the product.

A change from any other heading, except from heading 37.01.

565
Harmonized
System
Classification
37.03-37.06

3707.10-3707.90


Chapter 38

38.01-38.02

38.03

38.04

3805.10

3805.90

3806.10-3806.90

38.07

3808.50-3808.99

3809.10

Miscellaneous Chemical Products





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.




the product.


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
566
Harmonized
System
Classification

3809.91-3809.93

38.10

3811.11-3811.90

38.12

38.13-38.14

3815.11-3815.90

38.16-38.19

38.20

38.21-38.22

change from any other heading, provided the value of the non-originating materials
of heading 10.06 or 11.01 through 11.08 does not exceed 20 per cent of the weight
of the product.


the product.


the product.



the product.




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
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.


567
Harmonized
System
Classification

3823.11-3823.70

3824.10-3824.50

3824.60

3824.71-3824.83

3824.90

38.25



the product.

A change from any other subheading except from heading 11.01 through 11.08,
17.01 through 17.02 or subheading 2905.44; or

A change from heading 11.01 through 11.08, 17.01 through 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 materials of heading11.01 through 11.08, 17.01
through 17.02, or subheading 2905.44 does not exceed 20 per cent of the net weight
of the product.


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.

Section VII Plastics and Articles Thereof; Rubber and Articles Thereof
Chapter 39

39.01-39.15

Plastics and Articles Thereof


cent of the transaction value or ex-works price of the product; or

568
Harmonized
System
Classification

39.16-39.26
change from any other heading, provided that the net weight of the non-originating
cent of the net weight of the product.

Chapter 40

40.01-40.11

4012.11-4012.19

4012.20-4012.90

40.13-40.16

40.17
Rubber and Articles Thereof





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

41.01-41.03

4104.11-4104.19

4104.41-4104.49

4105.10

4105.30

4106.21

4106.22

4106.31

4106.32

4106.40

Raw Hides and Skins (Other Than Furskins) and Leather










A change from within this subheading or any other subheading.

569
Harmonized
System
Classification
4106.91

4106.92

41.07-41.13

41.14-41.15


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.

Chapter 42

42.01-42.06
Articles of Leather; Saddlery and Harness; Travel Goods, Handbags and
Similar Containers; Articles of Animal Gut (Other Than Silk-Worm Gut)

Chapter 43

43.01

4302.11-4302.30

43.03-43.04
Furskins and Artificial Fur; Manufactures Thereof



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

44.01-44.21
Wood and Articles of Wood; Wood Charcoal

Chapter 45

45.01-45.04
Cork and Articles of Cork

Chapter 46

46.01-46.02
Manufactures of Straw, of Esparto or of Other Plaiting Materials; Basketware
and Wickerwork

570
Harmonized
System
Classification
Section X Pulp of Wood or of Other Fibrous Cellulosic Material; Recovered (Waste and
Scrap) Paper or Paperboard; Paper and Parperboard and Articles Thereof
Chapter 47

47.01-47.07
Pulp of Wood or of Other Fibrous Cellulosic Material; Recovered (Waste and
Scrap) Paper or Paperboard

Chapter 48

48.01-48.09
4810.13-4811.90

48.12-48.23
Paper and Paperboard; Articles of Paper Pulp, of Paper or of Paperboard


Chapter 49

49.01-49.11
Printed Books, Newspapers, Pictures and Other Products of the Printing
Industry; Manuscripts, Typescripts and Plans

Section XI Textiles and Textile Articles
Chapter 50

50.01-50.02

50.03

50.04-50.06

50.07

Silk



Spinning of natural fibres or extrusion of man-made fibres accompanied by
spinning or twisting.

Spinning of natural and/or man-made staple fibres or 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
571
Harmonized
System
Classification
Chapter 51

51.01-51.05

51.06-51.10

51.11-51.13
Wool, Fine or Coarse Animal Hair; Horsehair Yarn and Woven Fabric


Spinning of natural fibres or extrusion of man-made fibres, accompanied by
spinning.

filament yarn, in each case accompanied by weaving;

Weaving accompanied by dyeing;


Chapter 52

52.01-52.03

52.04-52.07

52.08-52.12
Cotton


spinning.


Weaving accompanied by dyeing or by coating;


Chapter 53

Other Vegetable Textile Fibres; Paper Yarn and Woven Fabrics of Paper
Yarn
572
Harmonized
System
Classification

53.01-53.05

53.06-53.08

53.09-53.11


spinning.




Chapter 54

54.01-54.06

54.07-54.08
Man-Made Filaments

Extrusion of man-made fibres accompanied, if necessary, by spinning or spinning
of natural fibres.



Twisting or texturing accompanied by weaving provided that the value of the non-
twisted/non-textured yarns used does not exceed 47.5 per cent of the transaction
value or ex-works price of the product; or

Chapter 55

55.01-55.07

55.08-55.11
Man-Made Staple Fibres

Extrusion of man-made fibres.

573
Harmonized
System
Classification

55.12-55.16
spinning.




Chapter 56

56.01

5602.10

5602.21-5602.90

56.03

5604.10

5604.90
-Rubber thread
Wadding, Felt and Non-Wovens; Special Yarns; Twine, Cordage, Ropes and
Cables and Articles Thereof


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.

Extrusion of man-made fibres accompanied by fabric formation; or

Fabric formation alone in the case of other felt made from natural fibres.

Extrusion of man-made fibres, or use of natural fibres, accompanied by nonwoven
techniques including needle punching.


Production from rubber thread or cord, not textile covered.
574
Harmonized
System
Classification
(textile covered)

-Other

56.05

56.06

56.07

56.08

56.09

Spinning of natural fibres or extrusion of man-made fibres accompanied by
spinning.

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
and/or man-made staple fibres.

through 54.06 or 55.09 through 55.11;

and/or man-made staple fibres;

Spinning accompanied by flocking; or

Flocking accompanied by dyeing.

through 54.06 or 55.09 through 55.11;

fibres; or

Flocking accompanied by dyeing or printing.

fibres; or


50.06, 51.06 through 51.10, 52.04 through 52.07, 54.01 through 54.06 or 55.09
through 55.11;

fibres; or

575
Harmonized
System
Classification
Chapter 57

57.01-57.05
Carpets and Other Textile Floor Coverings

Note: For products of this Chapter jute fabric may be used as a backing.


Production from coir yarn or sisal yarn or jute yarn;

Flocking accompanied by dyeing or by printing;
Tufting accompanied by dyeing or by 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
Chapter 58

58.01-58.04

Special Woven Fabrics; Tufted Textile Fabrics; Lace; Tapestries; Trimmings;
Embroidery

Note: For products of 58.11, the materials used to produce wadding must be
extruded in the territory of one or both of the Parties.


Weaving accompanied by dyeing or flocking or coating;




576
Harmonized
System
Classification
58.05

58.06-58.09

58.10

58.11

filament yarn, in each case accompanied by weaving or fabric formation;

Weaving or fabric formation accompanied by dyeing or flocking or coating;


Yarn dyeing accompanied by weaving or fabric formation; or


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.

filament yarn, in each case accompanied by weaving, knitting or non-woven
process;

Weaving, knitting or non-woven process accompanied by dyeing or flocking or
coating;


Yarn dyeing accompanied by weaving, knitting or non-woven process; or

577
Harmonized
System
Classification
Chapter 59

59.01

59.02
-Containing not
more than 90 per
cent by weight of
textile materials

-Other

59.03

59.04

59.05
-Impregnated,
coated, covered or
laminated with
rubber, plastics or
other materials

-Other

Impregnated, Coated, Covered or Laminated Textile Fabrics; Textile Articles
of a Kind Suitable for Industrial Use

Weaving, knitting, or a non-woven process accompanied by dyeing or by flocking
or by coating; or

Flocking accompanied by dyeing or by printing.

Weaving, knitting or a non-woven process.

Extrusion of man-made fibres accompanied by weaving, knitting or a non-woven
process.

Weaving, knitting or a non-woven process accompanied by dyeing or by coating; or


Weaving, knitting, or a non-woven process accompanied by dyeing or by coating.

Weaving, knitting or a non-woven process accompanied by dyeing or by coating.

Spinning of natural and/or man-made staple fibres;

Extrusion of man-made filament yarn, in each case accompanied by weaving,
knitting or a non-woven process; or

Weaving, knitting or a non-woven process accompanied by dyeing or by coating; or

578
Harmonized
System
Classification

59.06
-Knitted or
crocheted fabrics

-Other fabrics
made of synthetic
filament yarn,
containing more
than 90 per cent by
weight of textile
materials

-Other

59.07

59.08
-Incandescent gas
mantles,
impregnated

-Other
per cent of the ex-works price of the product.

filament yarn, in each case accompanied by knitting; or

Knitting accompanied by dyeing or by coating; or

Dyeing of yarn of natural fibres accompanied by knitting.

Extrusion of man-made fibres accompanied by weaving, knitting or a non-woven
process.

Weaving, or knitting or a non-woven process accompanied by dyeing or by coating;
or

Dyeing of yarn of natural fibres accompanied by weaving, knitting or forming.

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 through 53.11, 54.07 through 54.08,
55.12 through 55.16, 56.02 through 56.03, Chapter 57, 58.03, 58.06, 58.08 or 60.02
through 60.06;

Weaving accompanied by dyeing or by flocking or by coating;

Flocking accompanied by dyeing or by printing; or


Production from tubular knitted gas-mantle fabric.


579
Harmonized
System
Classification

59.09-59.11
-Polishing discs or
rings other than of
felt of heading
5911

-Woven fabrics, of
a kind commonly
used in
papermaking or
other technical
uses, felted or not,
whether or not
impregnated or
coated, tubular or
endless with single
or multiple warp
and/or weft, or flat
woven with
multiple warp
and/or weft of
heading 59.11

-Other

Weaving, knitting or a non-woven process.

Spinning of natural and/or of man-made staple fibres, in each case accompanied by
weaving or knitting; or

Weaving, knitting or a non-woven process accompanied by dyeing or by 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 and a resin of terephthalic acid and 1,4-
cyclohexanediethanol and isophthalic acid.

Extrusion of man-made filament yarn or spinning of natural or man-made staple
fibres, accompanied by weaving, knitting or a non-woven process; or

Weaving, knitting or a non-woven process accompanied by dyeing or by coating.
Chapter 60
60.01-60.06
Knitted or Crocheted Fabrics

filament yarn, in each case accompanied by knitting;

Knitting accompanied by dyeing or by flocking or by coating;


Dyeing of yarn of natural fibres accompanied by knitting; or

Twisting or texturing accompanied by knitting provided that the value of the non-
twisted/non-textured yarns used does not exceed 47.5 per cent of the transaction
Chapter 61 Articles of Apparel and Clothing Accessories, Knitted or Crocheted
580
Harmonized
System
Classification

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

-Other (knit to
shape products)

Knitting or crocheting and making-up (including cutting).

filament yarn, in each case accompanied by knitting or crocheting; or

Dyeing of yarn of natural fibres accompanied by knitting or crocheting.
Chapter 62

62.01

62.02
-Womens, or
girls clothing,
embroidered

-Other

Articles of Apparel and Clothing Accessories, Not Knitted or Crocheted

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.


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.


581
Harmonized
System
Classification

62.03

62.04
-Womens, or
girls clothing,
embroidered

-Other

62.05

62.06
-Womens, or
girls clothing,
embroidered

-Other

product.


product.




product.


product.




582
Harmonized
System
Classification

62.07-62.08

62.09
-Womens, or
girls clothing,
embroidered

-Other

62.10
-Fire-resistant
equipment of fabric
covered with foil
of aluminised
polyester

-Other

product.


product.




product.

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 ex-works price of the product.

Weaving or other fabric formation process accompanied by making-up (including
cutting); or

583
Harmonized
System
Classification

62.11
-Womens, or
girls clothing,
embroidered

-Other

62.12

62.13-62.14
-Embroidered

-Other

product.




product.

Knitting or weaving accompanied by making-up (including cutting); or

product.

Weaving accompanied by making-up (including cutting);

ex-works price of the product; or

product.


584
Harmonized
System
Classification

62.15

62.16
-Fire-resistant
equipment of fabric
covered with foil
of aluminised
polyester

-Other

62.17
-Embroidered

-Fire-resistant
equipment of fabric
covered with foil
of aluminised
polyester

-Interlinings for
collars and cuffs,
Making-up preceded by printing accompanied by at least two preparatory finishing
operations (such as scouring, bleaching, mercerising, heat setting, raising,
product.


product.

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 ex-works price of the product.


product.




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
585
Harmonized
System
Classification
cut out

-Other

Weaving accompanied by making-up (including cutting).
Chapter 63

63.01-63.04
-Of felt, of
nonwovens

-Other,
embroidered

-Other, not
embroidered

63.05

63.06
-Of nonwovens

-Other

63.07

63.08

Other Made Up Textile Articles; Sets; Worn Clothing and Worn Textile
Articles; Rags

Extrusion of man-made fibres or use of natural fibres in each case accompanied by
non-woven process including needle punching and making-up (including cutting)

Weaving or knitting accompanied by making-up (including cutting); or


Weaving or knitting accompanied by making-up (including cutting).

Extrusion of man-made fibres or spinning of natural and/or man-made staple fibres
accompanied by weaving or knitting and making-up (including cutting); or

any non-woven techniques including needle punching and making-up (including
cutting).

any non-woven techniques including needle punching.


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 in which the value of the non-originating materials used does not
exceed 40 per cent of the transaction value or ex-works price of the product.

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.

586
Harmonized
System
Classification
63.09

63.10

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

64.01-64.05

64.06
Footwear, Gaiters and the Like; Parts of Such Articles

A change from any other heading, except from assemblies of uppers affixed to
inner soles or to other sole components of heading 6406.

Chapter 65

65.01-65.07
Headgear and Parts Thereof

Chapter 66

66.01-66.03
Umbrellas, Sun Umbrellas, Walking-Sticks, Seat-Sticks, Whips, Riding-Crops
and Parts Thereof

Chapter 67

67.01

67.02-67.04
Prepared Feathers and Down and Articles Made of Feathers or of Down;
Artificial Flowers; Articles of Human Hair

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.

Section XIII Articles of Stone, Plaster, Cement, Asbestos, Mica or Similar Materials;
Ceramic Products; Glass and Glassware
Chapter 68

68.01-68.02

68.03
Articles of Stone, Plaster, Cement, Asbestos, Mica or Similar Materials


587
Harmonized
System
Classification

68.04-68.11

6812.80-6812.99

68.13

6814.10-6814.90

68.15





Chapter 69

69.01-69.14
Ceramic Products

Chapter 70

70.01-70.05

70.06

70.07-70.08

7009.10

7009.91-7009.92

70.10

70.11

70.13

70.14-70.18
Glass and Glassware







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



A change to cut glassware from uncut glassware of heading 70.13, whether or not
originating uncut glassware does not exceed 50 per cent of the transaction value or

588
Harmonized
System
Classification

7019.11-7019.40

7019.51

7019.52-7019.90

70.20


A change from any other subheading, except from subheading 7019.52 through
7019.59.


Section XIV Natural or Cultured Pearls, Precious or Semi-Precious Stones, Precious
Metals, Metals Clad with Precious Metal and Articles Thereof; Imitations
Jewellery; Coin
Chapter 71

71.01

7102.10

7102.21-7102.39

7103.10-7104.90

71.05

7106.10-7106.92

71.07

7108.11-7108.20

Natural or Cultured Pearls, Precious or Semi-Precious Stones, Precious
Metals, Metals Clad with Precious Metal, and Articles Thereof; Imitation
Jewellery; Coin


A change from any other subheading, except from subheading 7102.10.




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.




589
Harmonized
System
Classification
71.09

7110.11-7110.49

71.11

71.12-71.15

71.16-71.17

71.18







Section XV Base Metals and Articles of Base Metal
Chapter 72

72.01-72.07

72.08-72.17

72.18

72.19-72.23

72.24

72.25-72.29
Iron and Steel


A change from any heading outside this group.




Chapter 73

73.01-73.03

7304.11-7304.39

Articles of Iron or Steel



590
Harmonized
System
Classification
7304.41

7304.49-7304.90

73.05-73.06

7307.11-7307.19

7307.21-7307.29

7307.91-7307.99

73.08

73.09-73.14

73.15

73.16-73.20

73.21

73.22-73.23

73.24




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
forged blanks of heading 72.07 does not exceed 50 per cent of the transaction value
or ex-works price of the product.


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 the non-originating materials of
subheading 7301.20 does not exceed 50 per cent of the transaction value or ex-
works price of the product.



the product.



the product.


591
Harmonized
System
Classification

73.25-73.26

the product.

Chapter 74

74.01-74.02

7403.11-7403.29

74.04-74.19
Copper and Articles Thereof



Chapter 75

75.01-75.08
Nickel and Articles Thereof

Chapter 76

7601.10-7601.20

76.02-76.06

76.07

76.08-76.16
Aluminium and Articles Thereof




the product.

Chapter 78

7801.10

7801.91-7801.99

78.02-78.06
Lead and Articles Thereof



592
Harmonized
System
Classification
Chapter 79

79.01-79.07
Zinc and Articles Thereof

Chapter 80

80.01-80.07
Tin and Articles Thereof

Chapter 81

8101.10-8113.00
Other Base Metals; Cermets; Articles Thereof

Chapter 82

82.01-82.04

8205.10-8205.80

8205.90

82.06

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.




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 the
non-originating materials of this heading, other than subheading 8205.90 does not


A change from subheading 8205.10 through 8205.80, whether or not there is also a
component products of subheading 8205.10 through 8205.80 does not exceed 25
per cent of the transaction value or ex-works price of the set.

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
593
Harmonized
System
Classification

8207.13

8207.19-8207.90

82.08-82.10

8211.10

8211.91-8211.93

8211.94-8211.95

82.12-82.13

8214.10

8214.20

transaction value or ex-works price of the set.


A change from subheading 8207.19 or heading 82.09, whether or not there is also a
materials of subheading 8207.19 or heading 82.09 does not exceed 50 per cent of





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.


materials of subheading 8211.94 does not exceed 50 per cent of the transaction





A change to a set of subheading 8214.20 from within this subheading, whether or
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.

594
Harmonized
System
Classification
8214.90

8215.10-8215.20

8215.91-8215.99


component products of heading 8215.91 through 8215.99 does not exceed 25 per

Chapter 83

8301.10-8301.50

8301.60-8301.70

8302.10-8302.30

8302.41

8302.42-8302.50

8302.60

83.03-83.04

83.05

Miscellaneous Articles of Base Metal






the product.



the product.



595
Harmonized
System
Classification

83.06

83.07

83.08

83.09-83.10

83.11


the product.






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

84.01-84.12

Nuclear Reactors, Boilers, Machinery and Mechanical Appliances; Parts
Thereof



596
Harmonized
System
Classification
8413.11-8413.82

8413.91-8413.92

84.14-84.15

8416.10-8417.90

84.18-84.22

8423.10-8426.99

84.27

8428.10-8430.69

84.31

8432.10-8442.50

84.43









A change from any other heading except from heading 84.31; or

heading, provided that the value of the non-originating materials of heading 84.31
does not exceed 50 per cent of the transaction value or ex-works price of the
product.



the product.



597
Harmonized
System
Classification

8444.00-8449.00

84.50-84.52

8453.10-8454.90

84.55

84.56-84.65

84.66

84.67-84.68

8469.00-8472.90

84.73

the product.






the product.


A change from within any one of these headings or heading 84.66, whether or not
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.






the product.
598
Harmonized
System
Classification

8474.10-8479.90

84.80-84.83

8484.10-8484.20

8484.90

84.86

8487.10-8487.90





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.


the product.

Chapter 85

85.01-85.02

85.03-85.16

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


A change from within any one of these headings or heading 85.03, whether or not
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.



599
Harmonized
System
Classification
8517.11-8517.62

8517.69-8517.70

85.18

85.19-85.21

85.22

85.23

85.25

85.26-85.28

85.29



A change from within heading 85.17, whether or not there is also a change from
any other heading, provided that the value of the non-originating materials of


the product.

A change from any other heading, except heading 85.22; or

A change from 85.22, whether or not there is also a change from any other heading,
provided that the value of the non-originating materials classified in heading 85.22
product.


the product.


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


product.


600
Harmonized
System
Classification

8530.10-8530.90

85.31

8532.10-8534.00

85.35-85.37

85.38-85.48
the product.



the product.



heading, provided that the value of the non-originating materials classified in


Section XVII Vehicles, Aircraft, Vessels and Associated Transport Equipment
Chapter 86

86.01-86.06

86.07
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


product.

601
Harmonized
System
Classification

86.08-86.09

the product.

Chapter 87

87.01

87.02

87.03

87.04
Vehicles Other Than Railway or Tramway Rolling-Stock, and Parts and
Accessories Thereof

Production in which the value of all non-originating materials used does not exceed
45 per cent of the ex-works price or transaction value of the product.
69

69

70

69
The Parties agree to apply cumulation with the United States according to the following provisions:
Provided that there is an FTA in force between both Parties 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 used in the production of
this product in Canada or the EU will be considered as originating. Without prejudice to the outcome of the free trade negotiations between the
EU and the United States, the discussions on the applicable conditions will include consultations to ensure consistency between the calculation
method agreed between the EU 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 % of the ex-works price or transaction value of the
product.
The application of cumulation and of the new rule of origin will be published in the EU Official Journal for information purposes.
70
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:

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 Appendix 1: (Origin Quotas and Alternatives to Annex 1) of Section D Vehicles, Note 1 enters into
application:

product.
602
Harmonized
System
Classification

87.05

87.06

87.07

87.08

87.09

87.10-87.11

87.12

69

69

A change from any other heading, except from heading 84.07 through 84.08 or
87.08; or

A change from within this heading, heading 84.07 through 84.08 or 87.08, whether
or not there is also a change from any other heading, provided that the value of the
non-originating materials of this heading or heading 84.07 through 84.08 or 87.08
product.


A change from within this heading or heading 87.08, whether or not there is also a
materials of this heading or heading 87.08 does not exceed 50 per cent of the


the product.


the product.


A change from any other heading, except from 87.14; or

product.

603
Harmonized
System
Classification
87.13

87.14-87.16


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
Chapter 88

88.01

88.02-88.05
Aircraft, Spacecraft, and Parts Thereof



Chapter 89

89.01-89.06

89.07-89.08
Ships, Boats and Floating Structures

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 the non-originating materials of Chapter 89
product.

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

90.01

90.02

Optical, Photographic, Cinematographic, Measuring, Checking, Precision,
Medical or Surgical Instruments and Apparatus; Parts and Accessories
Thereof



604
Harmonized
System
Classification

90.03-90.33
A change from within this heading or heading 90.01, whether or not there is also a
materials of this heading or heading 90.01 does not exceed 50 per cent of the


Chapter 91

91.01-91.07

91.08-91.14
Clocks and Watches and Parts Thereof

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 the non-originating materials of
heading 91.08 through 91.14 does not exceed 50 per cent of the transaction value or


Chapter 92

92.01-92.08

92.09
Musical Instruments; Parts and Accessories of Such Articles


product.


the product.
605
Harmonized
System
Classification
Section XIX Arms and Ammunition; Parts and Accessories Thereof
Chapter 93

93.01-93.04

93.05-93.07
Arms and Ammunition; Parts and Accessories Thereof


product.


Section XX Miscellaneous Manufactured Articles
Chapter 94

94.01-94.06
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


Chapter 95

95.03-95.05

9506.11-9506.29

Toys, Games and Sports Requisites; Parts and Accessories Thereof




606
Harmonized
System
Classification

9506.31

9506.32-9506.99

95.07-95.08
whether or not there is also a change from any other heading, provided that the
value of the 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.




whether or not there is also a change from any other subheading, provided that the
value of the 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.

Chapter 96

9601.10-9602.00

96.03-96.04

96.05

96.06-96.07

9608.10-9608.40

Miscellaneous Manufactured Articles



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.




607
Harmonized
System
Classification

9608.50

9608.60-9608.99

96.09

96.10-96.12

96.13

96.14

96.15

96.16-96.18
non-originating materials of this heading other than subheading 9608.50 does not


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


non-originating materials of this heading other than subheading 9608.50 does not


the product.



the product.



the product.

608
Harmonized
System
Classification
Section XXI Works of Art, Collectors Pieces and Antiques
Chapter 97

97.01-97.06
Works of Art, Collectors' Pieces and Antiques

Product Specific Rules of Origin
609
Appendix1:OriginQuotasandAlternativestoAnnex1ProductSpecificRulesofOrigin
CommonProvisions
1. ThisAppendixappliestotheproductsidentifiedinthefollowingSections:
a. SectionA:AgriculturalProducts
b. SectionB:FishandSeafood
c. SectionC:TextilesandApparel
d. SectionD:Vehicles
2. FortheproductslistedinthetableswithineachSection,thecorrespondingrulesoforiginarealternativestothosesetoutinAnnex1Product
SpecificRulesofOrigin,withinthelimitsoftheapplicableannualquota.
3. TheimportingPartyshallmanagetheoriginquotasonafirstcome,firstservedbasisandshallcalculatethequantityofproductsenteredunderthese
originquotasonthebasisofthatPartysimports.
4. AllexportsundertheoriginquotasmustmakereferencetothisAppendix.ThePartiesshallnotcountanyproductsagainsttheannualoriginquota
withoutsuchreference.
5. CanadashallnotifytheEUifanyCanadianissueddocumentationrequirementsareestablishedfor:
a. productsexportedfromCanadaundertheapplicableoriginquota,or
b. productsimportedintoCanadaundertheapplicableoriginquota.
6. WheretheEUreceivesnotificationasperparagraph5(a),theEUshallallowforonlythoseproductsaccompaniedbysuchdocumentationtoclaimthe
preferentialtarifftreatmentbasedonthealternativeruleoforiginspecifiedinthisAppendix.
7. ThePartiesshalladministertheoriginquotasonacalendaryearbasiswiththefullinquotaquantitytobemadeavailableonJanuary1
st
ofeachyear.
Fortheadministrationoftheseoriginquotasinyear1,thePartiesshallcalculatethequotavolumesoftheseoriginquotasbydiscountingthevolume
correspondingtotheperiodrunningbetweenthe1
st
ofJanuaryandthedateofentryintoforceoftheAgreement.
8. IntheEUParty,anyquantitiesreferredtointhisAnnexshallbemanagedbytheEuropeanCommission,whichshalltakealladministrativeactionsit
deemsadvisablefortheirefficientmanagementinrespectoftheapplicablelegislationoftheEUParty.
9. ThePartiesshallconsultasneededtoensurethatthisAppendixisadministeredeffectivelyandshallcooperateintheadministrationofthisAppendix.
ThePartiesshallconsulttodiscusspossibleamendmentstothisAppendix.
10. Additionalprovisions,suchasrevieworgrowthoftheoriginquotas,areprovidedseparatelyforeachSection.

610

611
SectionAAgriculture
TableA.1AnnualQuotaAllocationforHighSugarContaining
71
ProductsExportedfromCanadatotheEU
72
Harmonized
system
classification
Productdescription Sufficientproduction
Annualquotafor
exportsfromCanada
intotheEU(metric
tonnes,netweight)
ex1302.20
Pecticsubstances,pectinatesand
pectates,containingaddedsugarof
subheading1701.91through
1701.99
Achangefromwithinthissubheading
oranyothersubheading,exceptfrom
subheading1701.91through1701.99.
30,000
ex1806.10
Cocoapowder,containingadded
sugarofsubheading1701.91
through1701.99
Achangefromanyothersubheading,
exceptfromsubheading1701.91
through1701.99.
ex1806.20
Preparationscontainingadded
through1701.99forthe
preparationofchocolatebeverages
ex2101.12
Preparationswithabasisof
extracts,essencesorconcentrates
ofcoffeeorwithabasisofcoffee
containingaddedsugarof
1701.99
exceptfromsubheading1701.91
through1701.99.
ex2101.20
Preparationswithabasisof
extracts,essencesorconcentrates
ofteaormat,orwithabasisof
teaormatcontainingaddedsugar
ofsubheading1701.91through
1701.99
ex2106.90
Foodpreparationscontaining
addedsugarofsubheading1701.91
71
The products, to which Table A1 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.
72 With regard to the products to which Table A1 applies, it is understood that the sufficient production included in this column provides for production beyond the insufficient production provided in
Article 7.
612
through1701.99 subheading1701.91through1701.99.
ReviewandGrowth
1. ThePartiesshallreviewtheoriginquotalevelattheendofeveryfiveyearperiodforthefirstthreeconsecutiveperiodsfollowingtheentryintoforceof
thisAgreement.
2. AttheendofeachfiveyearperiodforthefirstthreeconsecutiveperiodsoffiveyearsfollowingtheentryintoforceofthisAgreement,theoriginquota
volumeinTableA.1willbeincreasedby20percentofthevolumesetinthepreviousperiod,providedthat:
a. inanyoneyearduringthefirstfiveyearperiodthefillrateisatleast60percent,
b. inanyoneyearduringthesecondfiveyearperiodthefillrateisatleast70percent,
c. inanyoneyearduringthethirdfiveyearperiodthefillrateisatleast80percent.
3. Anyincreaseintheoriginquotavolumewillbeimplementedinthefirstquarterofthesubsequentcalendaryear.
4. Thisreviewwillbeconductedbythesubcommitteeonagriculture.Attheendofthereview,ifapplicable,thePartiesshallnotifyeachotherinwritingof
anincreaseintheoriginquotaunderparagraph2andthedateonwhichtheincreaseappliesunderparagraph3.ThePartiesshallensurethatanincrease
intheoriginquotaandthedateitbecomesapplicablearepubliclyavailable.
TableA.2AnnualQuotaAllocationforSugarConfectioneryandChocolatePreparationsExportedfromCanadatotheEU
Harmonized
system
classification
Annualquotafor
exportsfromCanada
intotheEU(metric
tonnes,netweight)
17.04
Sugarconfectionery(including
whitechocolate),notcontaining
cocoa
Achangefromanyotherheading.
10,000
1806.31
Chocolateandotherfood
preparationscontainingcocoa,in
blocks,slabsorbars,filled,
weighingnomorethan2kilograms
providedthatthechangeistheresult
ofmorethanpackaging. 1806.32
preparationscontainingcocoa,,in
blocks,slabsorbars,notfilled,
weighingnomorethan2kilograms
1806.90
preparationscontainingcocoa
613
otherthanthoseofsubheading
1806.10through1806.32.
ReviewandGrowth
1. ThePartiesshallreviewtheoriginquotainTableA.2attheendofevery5yearperiodfollowingtheentryintoforceofthisAgreement,providedthatin
anyoneyearduringtheprevious5yearperiod,theoriginquotafillrateisatleast60percent.
2. Thereviewwillbeconductedwithaviewtoincreasingthevolumebasedontheexaminationofallrelevantfactors,inparticularthefillrate,growthin
Canadianexportstotheworld,growthintotalEUimports,andanyothersignificanttrendsintradeoftheproductstowhichtheoriginquotaapplies.
3. Therateofincreaseintheoriginquotawillbeestablishedforthesubsequentperiodoffiveyears,andwillnotbegreaterthan10percentofthevolume
setinthepreviousperiod.
4. Thisreviewwillbeconductedbythesubcommitteeonagriculture.Anyrecommendationofthesubcommitteeonagriculturetoincreasetheorigin
quotavolumeshallbesubmittedtotheJointCommitteeforadecisioninaccordancewithArticleX.02(2)oftheChapteronFinalProvisions.
TableA.3AnnualQuotaAllocationforProcessedFoodsExportedfromCanadatotheEU
Harmonized
system
classification
Annualquotafor
exportsfromCanada
intotheEU(metric
tonnesnetweight)
19.01
Maltextract;foodpreparationsof
flour,groats,meal,starchormalt
extract,notcontainingcocoaor
containinglessthan40%byweight
ofcocoacalculatedonatotally
defattedbasis,notelsewhere
specifiedorincluded;food
preparationsofgoodsofheading
04.01through04.04,not
containingcocoaorcontainingless
than5%byweightofcocoa
calculatedonatotallydefatted
basis,notelsewherespecifiedor
included
35,000
614
ex1902.11
Uncookedpasta,notstuffedor
otherwiseprepared,containing
eggsandrice
ex1902.19
Uncookedpasta,notstuffedor
otherwiseprepared,other,
containingrice
ex1902.20
Stuffedpasta,whetherornot
cookedorotherwiseprepared,
containingrice
ex1902.30 Otherpasta,containingrice
1904.10
Preparedfoodsobtainedbythe
swellingorroastingofcerealsor
cerealproducts(forexample,corn
flakes)
Achangefromanyotherheading;or
Achangefromwithinthisheading,
whetherornotthereisalsoachange
fromanyotherheading,providedthat
theweightofthenonoriginating
materialsofthisheadingdoesnot
exceed30percentofeitherthenet
weightoftheproductorofthenet
weightofallmaterialusedin
production.
1904.20
Preparedfoodsobtainedfrom
unroastedcerealflakesorfrom
mixturesofunroastedcerealflakes
androastedcerealflakesorswelled
cereals.
1904.90
Preparedfoodsotherthanthose
ofsubheading1904.10through
1904.30.
19.05
Bread,pastry,cakes,biscuitsand
otherbakerswares,whetheror
notcontainingcocoa;communion
wafers,emptycachetsofakind
suitableforpharmaceuticaluse,
sealingwafers,ricepaperand
615
similarproducts
ex2009.80 Cranberryjuiceandblueberryjuice Achangefromanyotherheading.
2103.90
Othersaucesandpreparations
therefor,othermixedcondiments
andmixedseasonings
ex2106.10
Proteinconcentratesandtextured
proteinsubstances,notcontaining
through1701.99orcontainingless
than65percentbynetweightof
through1701.99
Achangefromanyothersubheading;
or
Achangefromwithinthesame
subheading,whetherornotthereis
alsoachangefromanyother
subheading,providedthatthenet
weightofthenonoriginatingmaterial
fromwithinthatsubheadingdoesnot
exceed30percentofeitherthenet
weightoftheproductorthenet
weightofallmaterialusedin
production.
ex2106.90
Otherfoodpreparationsnot
elsewherespecifiedorincluded,
notcontainingaddedsugarof
1701.99orcontaininglessthan65
percentbynetweightofadded
through1701.99
ReviewandGrowth
4. Thisreviewwillbeconductedbythesubcommitteeonagriculture.Anyrecommendationofthesubcommitteeonagriculturetoincreasetheoriginquota
volumeshallbesubmittedtotheJointCommitteeforadecisioninaccordancewithArticleX.02(2)oftheChapteronFinalProvisions.

616
TableA.4AnnualQuotaAllocationforDogandCatFoodExportedfromCanadatotheEU
Harmonized
system
classification
Annualquotafor
exportsfromCanada
intotheEU(metric
tonnes,netweight)
2309.10
Dogorcatfood,putupforretail
sale
Achangefromsubheading2309.90or
anyotherheading,exceptfromdogor
catfoodofsubheading2309.90.
60,000
ex2309.90
Dogorcatfood,notputupfor
retailsale
oranyotherheading,exceptfromdog
orcatfoodfromwithinthis
subheading.
ReviewandGrowth
4. Thisreviewwillbeconductedbythesubcommitteeonagriculture.Anyrecommendationofthesubcommitteeonagriculturetoincreasetheoriginquota
volumeshallbesubmittedtotheJointCommitteeforadecisioninaccordancewithArticleX.02(2)oftheChapteronFinalProvisions.

617
SectionBFishandSeafood
TableB.1AnnualQuotaAllocationforFishandSeafoodExportedfromCanadatotheEU
Growth
1. ForeachoftheproductslistedinTableB.1,ifmorethan80percentofanoriginquotaassignedtoaproductisusedduringacalendaryear,theorigin
quotaallocationwillbeincreasedforthefollowingcalendaryear.Theincreasewillbe10percentoftheoriginquotaassignedtotheproductinthe
previouscalendaryear.Thegrowthprovisionwillapplyforthefirsttimeaftertheexpiryofthefirstcompletecalendaryearfollowingtheentryintoforce
oftheAgreementandwillbeappliedfor4consecutiveyearsintotal.
2. Anyincreaseintheoriginquotavolumewillbeimplementedinthefirstquarterofthesubsequentcalendaryear.TheimportingPartiesshallnotifythe
Partyofexportinwritingiftheconditioninparagraph1ismet,andifso,theincreaseintheoriginquotaandthedateonwhichtheincreaseisapplicable.
73
With regard to the rule of origin for products of 0304.29, it is understood that the production is beyond the insufficient production provided in Article 7.
Harmonized
system
classification
Productdescription
Annualquotafor
exportsfrom
Canadaintothe
EU(metric
tonnes,net
weight)
Sufficientproduction
ex0304.29
Frozenfilletsofhalibut,otherthanRheinhardtius
hippoglossoides
10
Achangefromanyother
heading.
73
ex0306.12 Cookedandfrozenlobster 2,000

Achangefromanyother
subheading.
1604.11 Preparedorpreservedsalmon 3,000
Achangefromanyother
chapter.
1604.12 Preparedorpreservedherring 50
ex1604.13
Preparedorpreservedsardines,sardinellaandbrisling
orsprats,excludingSardinapilchardus
200
ex1605.10
PreparedorpreservedCrab,otherthanCancer
pagurus
44
1605.20 Prepared orpreserved shrimpsandprawns 5,000
1605.30 Preparedandpreservedlobster 240
618
ThePartiesshallensurethattheincreasedoriginquotaandthedateitbecomesapplicablearepubliclyavailable.
Review
AfterthecompletionofthethirdcalendaryearfollowingtheentryintoforceofthisAgreement,attherequestofaParty,thePartieswillengageinadiscussion
onpossiblerevisionstothisSection.
619
SectionCTextilesandApparel
TableC.1AnnualQuotaAllocationforTextilesExportedfromCanadatotheEU
Harmonized
system
classification
Productdescription
Annualquota
forexports
fromCanada
intotheEU
(kilogramsnet
weight,unless
otherwise
specified)
5107.20
Yarnofcombedwool,notputupforretail
sale,containinglessthan85%byweightof
wool
192,000 Achangefromanyotherheading.
5205.12
Cottonyarnnesoi,85%ormorebyweight
ofcotton,notputupforretailsale,single
uncombedyarn,over14nmbutnotover43
nm
1,176,000 Achangefromanyotherheading.
5208.59
Wovenfabricsofcotton,85%ormore
cottonbyweight,printed,otherthanplain
weave,nesoi,weighingnotover200g/m2
60,000m
5209.59
Wovenfabricsofcotton,85%ormore
cottonbyweight,printed,otherthanplain
weave,nesoi,weighingover200g/m2
79,000m
54.02
Syntheticfilamentyarn(otherthansewing
thread),notputupforretailsale,including
syntheticmonofilamentsoflessthan67
decitex
4,002,000
5404.19
Syntheticmonofilamentof67decitexor
moreandofwhichnocrosssectional
dimensionexceeds1mm,nesoi
21,000
54.07
Wovenfabricsofsyntheticfilamentyarn,
includingwovenfabricsobtainedfrom
materialsofheading5404
4,838,000m
Printingordyeingaccompaniedbyat
leasttwopreparatoryorfinishing
operations(suchasscouring,
620
bleaching,mercerizing,heatsetting,
raising,calendaring,shrinkresistance
processing,permanentfinishing,
decatising,impregnating,mendingand
burling),providedthatthevalueofthe
nonoriginatingfabricdoesnotexceed
47.5percentofthetransactionvalue
orexworkspriceoftheproduct.
5505.10
Waste(includingnoils,yarnwasteand
garnettedstock),ofsyntheticfibers
1,025,000 Achangefromanyotherheading.
5513.11
Wovenfabricsofpolyesterstaplefibers,
under85%(wt.)Ofsuchfibers,unbleached
orbleached,plainweave,mixedmainlyor
solelywithcotton,notover170g/m2
6,259,000m Achangefromanyotherheading.
56.02
Felt,whetherornotimpregnated,coated,
coveredorlaminated
583,000
Achangefromanyotherchapter. 56.03
Nonwovens(oftextilematerials),whether
ornotimpregnated,coated,coveredor
laminated
621,000
57.03
Carpetsandothertextilefloorcoverings,
tufted,whetherornotmadeup
196,000m
58.06
Narrowwovenfabrics,otherthangoodsof
heading5807(otherthanlabels,badges
andsimilararticles,inthepieceetc.);
narrowfabricsconsistingofwarpwithout
weftassembledbymeansofanadhesive
169,000 Achangefromanyotherheading.
5811.00
Quiltedtextileproductsinthepiece(oneor
morelayersassembledwithpaddingby
stitchingetc.),otherthanembroideryof
heading58.10
12,000m Achangefromanyotherheading.
59.03
Textilefabricsimpregnated,coated,covered
orlaminatedwithplastics,otherthanthose
ofheading59.02
1,754,000m Achangefromanyotherchapter,
providedthatthevalueofthenon
originatingfabricdoesnotexceed60
percentofthetransactionvalueorex
workspriceoftheproduct.
5904.90
Floorcoverings,consistingofacoatingor
coveringappliedonatextilebacking,
whetherornotcuttoshape,excluding
linoleum
24,000m
621
59.06
Rubberizedtextilefabrics,otherthanthose
ofheading5902
450,000
5907.00
Textilefabricsotherwiseimpregnated,
coatedorcovered;paintedcanvasbeing
theatricalscenery,studiobackclothsorthe
like
2,969,000m
59.11
Textileproductsandarticlesforspecified
technicaluses
173,000
60.04
Knittedorcrochetedfabricsofawidth
exceeding30cm,containingbyweight5%
ormoreelastomericyarnorrubberthread,
otherthanthoseofheading60.01
25,000
Printingordyeingaccompaniedbyat
leasttwopreparatoryorfinishing
operations(suchasscouring,
bleaching,mercerizing,heatsetting,
raising,calendaring,shrinkresistance
processing,permanentfinishing,
decatising,impregnating,mendingand
burling),providedthatthevalueofthe
nonoriginatingfabricdoesnotexceed
47.5percentofthetransactionvalue
orexworkspriceoftheproduct.
60.05
Warpknitfabrics(includingthosemadeon
galloonknittingmachines),otherthanthose
ofheading60.01to60.04
16,000
60.06 Knittedorcrochetedfabrics,nesoi 24,000
63.06
Tarpaulins,awnings,sunblinds,tents,sails
forboats,sailboardsorlandcraft,and
campinggoods,oftextilematerials
124,000
Achangefromanyotherchapter.
63.07 Madeuparticlesoftextilematerials,nesoi 503,000
m
2
=metressquared
TableC.2AnnualQuotaAllocationforApparelExportedfromCanadatotheEU
Harmonized
system
classification
Productdescription
Annualquotafor
exportsfrom
Canadaintothe
EU(units,unless
otherwise
74
74
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.
622
specified)
6101.30
Mensorboys'overcoats,carcoats,capes,cloaks,
anoraks,skijackets,andsimilararticlesof
manmadefibers,knittedorcrocheted
10,000
Achangefromanyother
chapter,providedthatthe
productisbothcut(orknit
toshape)andsewnor
otherwiseassembledin
theterritoryofaParty;or
Achangetoagoodknitto
shape,forwhichno
sewingorotherassembly
isrequired,fromanyother
chapter.
6102.30
Women'sorgirls'overcoats,carcoats,capes,
cloaks,anoraks,skijacketsandsimilararticlesof
manmadefibers,knittedorcrocheted
17,000
61.04
Women'sorgirls'suits,ensembles,suittype
jackets,blazers,dresses,skirts,dividedskirts,
trousers,etc.(noswimwear),knittedorcrocheted
535,000
6106.20
Women'sorgirls'blousesandshirtsofmanmade
fibers,knittedorcrocheted
44,000
6108.22
Women'sorgirls'briefsandpantiesofmanmade
fibers,knittedorcrocheted
129,000
6108.92
Women'sorgirls'negligees,bathrobes,dressing
gownsandsimilararticlesofmanmadefibers,
knittedorcrocheted
39,000
6109.10
Tshirts,singletsandothervests,ofcotton,knitted
orcrocheted
342,000
6109.90
Tshirts,singletsandothervests,oftextile
materialsnesoi,knittedorcrocheted
181,000
61.10
Jerseys,pullovers,cardigans,waistcoatsand
similararticles,knittedorcrocheted
478,000
6112.41
Women'sorgirls'swimwearofsyntheticfibers,
knittedorcrocheted
73,000
61.14 Garmentsnesoi,knittedorcrocheted 90,000kilograms
61.15
Pantyhose,tights,stockings,socksandother
hosiery,includinggraduatedcompressionhosiery
(forexamplestockingsforvaricoseveins)and
footwearwithoutappliedsoles,knittedor
crocheted
98,000kilograms
62.01
Men'sorboys'overcoatscarcoats,capes,cloaks,
anoraks(includingskijackets),windcheaters,wind
jacketsandsimilararticles,notknittedor
crocheted,otherthanthoseofheading6203
96,000
62.02
Women'sorgirls'overcoats,carcoats,capes,
cloaks,anoraks(includingskijackets),
99,000
623
windcheaters,windjacketsandsimilararticles,not
knittedorcrocheted,otherthanthoseofheading
6204
62.03
Men'sorboys'suits,ensembles,jackets,blazers,
trousers,bibandbraceoveralls,breechesand
shorts(otherthanswimwear),notknittedor
crocheted
95,000
62.04
Women'sorgirls'suits,ensembles,jackets,blazers,
dresses,skirts,dividedskirts,trousers,biband
braceoveralls,breechesandshorts(otherthan
swimwear),notknittedorcrocheted
506,000
62.05 Men'sorboys'shirts,notknittedorcrocheted 15,000
62.06
Women'sorgirlsblouses,shirtsandshirtblouses,
notknittedorcrocheted
64,000
6210.40
Men'sorboys'garments,madeupoffabricsof
heading59.03,59.06or59.07,nesoi,notknittedor
crocheted
68,000kilograms
6210.50
Women'sorgirls'garments,madeupoffabricsof
heading59.03,59.06or59.07,nesoi,notknittedor
crocheted
30,000kilograms
62.11
Tracksuits,skisuitsandswimwear,othergarments
nesoi,notknittedorcrocheted
52,000kilograms
6212.10 Brassieres,whetherornotknittedorcrocheted 297,000
6212.20
Girdlesandpantygirdles,whetherornotknittedor
crocheted
32,000
6212.30 Corselettes,whetherornotknittedorcrocheted 40,000
6212.90
Braces,suspenders,gartersandsimilararticlesand
partsthereof,whetherornotknittedorcrocheted
16,000kilograms
TableC.3AnnualQuotaAllocationforTextilesExportedfromtheEUtoCanada
Harmonized
system
classification
Productdescription
Annualquotafor
exportsfromtheEU
intoCanada
(kilograms,unless
otherwisespecified)
5007.20 Wovenfabricscontaining>=85%by 83,000m
2
Weaving
624
weightofsilkorofsilkwasteother
thannoilsilk
5111.30
Wovenfabricscontaining
predominantly,but<85%byweightof
cardedwoolorcardedfineanimalhair,
mixedmainlyorsolelywithmanmade
staplefibres
205,000m
2
Weaving
5112
Wovenfabricsofcombedwoolorof
combedfineanimalhair
200,000 Weaving
5208.39
Wovenfabricsofcotton,containing>=
85%cottonbyweightandweighing<=
200g/m,dyed(excl.thoseinthree
threadorfourthreadtwill,incl.Cross
twill,andplainwovenfabrics
116,000m
2
Weaving
5401.10
Sewingthreadofsyntheticfilaments,
whetherornotputupforretailsale
18,000
Extrusionofmanmadefilamentyarn
whetherornotaccompaniedby
spinning
ORspinning
5402.11
Syntheticfilamentyarn,notputupfor
retailsale,hightenacityyarnof
aramids
504,000
spinning
ORspinning
5404
Syntheticmonofilamentof>=67
decitexandwithacrosssectional
dimensionof<=1mm;stripandthe
like,e.g.Artificialstraw,ofsynthetic
textilematerial,withanapparent
widthof<=5mm
275,000
spinning
ORspinning
5407
Wovenfabricsofsyntheticfilament
yarn,includingwovenfabricsobtained
frommaterialsofheading5404
636,000 Weaving
5603
Nonwovens,whetherornot
impregnated,coated,coveredor
laminated,n.e.s
1,629,000
Anynonwovenprocessincluding
needlepunching
5607.41
Binderorbalertwine,ofpolyethylene
orpolypropylene
813,000
Anynonwovenprocessincluding
needlepunching
5607.49 Twine,cordage,ropesandcablesof 347,000 Anynonwovenprocessincluding
625
polyethyleneorpolypropylene,
whetherornotplaitedorbraidedand
whetherornotimpregnated,coated,
coveredorsheathedwithrubberor
plastics(excl.binderorbalertwine)
needlepunching
5702.42
Carpetsandotherfloorcoverings,of
manmadetextilematerials,woven,
nottuftedorflocked,ofpile
construction,madeup(excl.kelem,
schumacks,karamanieandsimilar
handwovenrugs
187,000m
2
Weaving
ORuseofanynonwovenprocess
includingneedlepunching
5703.20
nylonorotherpolyamides,tufted
whetherornotmadeup
413,000m
2
Weaving
5704.90
felt,nottuftedorflocked,whetheror
notmadeup(excl.floortileswithan
areaof<=0,3m
1,830,000
Weaving
5903
Textilefabricsimpregnated,coated,
coveredorlaminatedwithplastics
(excl.tyrecordfabricofhightenacity
yarnofnylonorotherpolyamides,
polyestersorviscoserayon)
209,000
Weaving
OR
coating/flocking/laminating/metalizi
ngaccompaniedbyatleasttwo
othermainpreparatoryfinishing
operations(suchascalendaring,
shrinkingresistanceprocessing)
conferoriginprovidedthatatleast
52.5%valuewasaddedbasedonex
workpriceofproduct
5904.10 Linoleum,whetherornotcuttoshape 61,000m
2
Weaving
OR
workpriceofproduct
626
5910.00
Transmissionorconveyorbeltsor
belting,oftextilematerial,whetheror
notimpregnated,coated,coveredor
laminatedwithplastics,orreinforced
withmetalorothermaterial
298,000
Manufacturingfromyarnorwaste
fabricsorragsofheadings6310
ORWeaving
OR
workpriceofproduct
5911
Textileproductsandarticles,for
technicaluses,specifiedinnote7to
chapter59
160,000
Manufacturingfromyarnorwaste
fabricsorragsofheadings6310
ORWeaving
OR
workpriceofproduct
6302.21
Bedlinen,printed,ofcotton,not
knittedorcrocheted
176,000
Cuttingoffabricandmakingup
oruseofanynonwovenprocess
accompaniedbymakingup
(includingcutting)
6302.31
Bedlinen(otherthanprinted)of
cotton,notknittedorcrocheted
216,000
oruseofanynonwovenprocess
accompaniedbymakingup
(includingcutting)
ormakingupprecededbyprinting
6302.91
Toiletlinenandkitchenlinenofcotton
(excl.ofterrytowellingorsimilarterry
fabrics)floorcloths,polishingcloths,
20,000
Useofanynonwovenprocess
accompaniedbymakingup(including
627
dishclothsanddusters cutting)
orCuttingoffabricandmakingup
ormakingupprecededbyprinting
TableC.4AnnualQuotaAllocationforApparelExportedfromtheEUtoCanada
Harmonized
system
classification
Productdescription
Annualquota
forexports
fromtheEU
intoCanada
(units,unless
otherwise
specified)
75
6105.10
Men'sorboys'shirtsofcotton,knittedor
crocheted(excl.nightshirts,tshirts,
singletsandothervests
46,000 Cuttingoffabricandmakingup
6106
Women'sorgirls'blouses,shirtsandshirt
blouses,knittedorcrocheted(excl.tshirts
andvests
6109
Tshirts,singletsandothervests,knitted
orcrocheted
6110
Jerseys,pullovers,cardigans,waistcoats
andsimilararticles,knittedorcrocheted
(excl.waddedwaistcoats)
537,000
ORknittoshapeforproductswhich
notsewingorotherassemblyis
required
6114
Othergarmentsn.e.s.,knittedor
crocheted
58,000
kilograms
orknittoshapeforproductswhich
required
6115
Pantyhose,tights,stockings,socksand
otherhosiery,incl.Graduatedcompression
hosiery(e.g.,stockingsforvaricoseveins)
andfootwearwithoutappliedsoles,
knittedorcrocheted(excl.forbabies)
1,691,000pairs
orknittoshapeforproductswhich
required
75
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.
628
6202.11
Women'sorgirls'overcoats,raincoats,
carcoats,capes,cloaksandsimilararticles
ofwoolorfineanimalhair,notknittedor
crocheted
6202.93
Women'sorgirls'anoraks,windcheaters,
windjacketsandsimilararticles,ofman
madefibres(notknittedorcrocheted
6203.11
Men'sorboys'suitsofwoolorfineanimal
hair
6203.12
6203.49
Men'sorboys'suits(excludingwoolor
fineanimalhair),ensembles,jackets,
blazers,trousers,bibandbraceoveralls,
breechesandshorts(excl.knittedor
crocheted,andswimwear)
6204
Women'sorgirls'suits,ensembles,
jackets,blazers,dresses,skirts,divided
skirts,trousers,bibandbraceoveralls,
breechesandshorts(excl.Knittedor
crochetedandswimwear)
6205.20
Men'sorboys'shirtsofcotton,notknitted
orcrocheted
6210
Garmentsmadeupoffabricsofheading
5602,5603,5903,5906or5907(excl.
knittedorcrocheted,andbabies
garments)
6211
Tracksuits,skisuits,swimwearandother
garments,n.e.s.(excl.knittedor
crocheted)
85,000
kilograms
6212
Brassieres,girdles,corsets,braces,
suspenders,gartersandsimilararticles
andpartsthereof,ofalltypesoftextile
materials,whetherornotelasticated,incl.
Knittedorcrocheted(excl.beltsand
corseletsmadeentirelyofrubber)
26,000dozens Cuttingoffabricandmakingup
Growth

629
1. ForeachoftheproductslistedinTablesC.1,C.2,C.3andC.4,ifmorethan80percentofanoriginquotaassignedtoaproductisusedduringacalendar
year,theoriginquotaallocationwillbeincreasedforthefollowingcalendaryear.Theincreasewillbe3percentoftheoriginquotaassignedtothe
productinthepreviouscalendaryear.Thegrowthprovisionwillapplyforthefirsttimeaftertheexpiryofthefirstcompletecalendaryearfollowingthe
entryintoforceoftheAgreement.Theannualoriginquotaallocationsmaybeincreasedduringaperiodofuptotenyears.
2. Anyincreaseintheoriginquotavolumewillbeimplementedinthefirstquarterofthesubsequentcalendaryear.TheimportingPartyshallnotifytheParty
ofexportinwritingiftheconditioninparagraph1ismet,andifso,theincreaseintheoriginquotaandthedateonwhichtheincreaseisapplicable.The
Partiesshallensurethattheincreasedoriginquotaandthedateitbecomesapplicablearepubliclyavailable.
Review
AttherequestofaParty,thePartiesshallmeettorevisetheproductcoveragequantitiesofthequotaallocationsbasedondevelopmentsintherelevant
marketsandsectors.ThePartiesmaymakerecommendationstotheCommitteeonTradeinGoods.
630
SectionDVehicles
TableD.1AnnualQuotaAllocationforVehiclesExportedfromCanadatotheEU
Harmonized
system
classification
Productdescription
Sufficient
production
Annualquotaforexports
fromCanadaintotheEU
(units)
8703.21
Othervehicles,withsparkignitioninternal
combustionreciprocatingpistonengine:ofa
cylindercapacitynotexceeding1,000cc
Productionin
whichthevalue
ofallnon
originating
materialsused
doesnotexceed:
(a) 70percent
ofthe
transaction
valueorex
worksprice
ofthe
product,or
(b) 80percent
ofthenet
costofthe
product.
100,000
8703.22
cylindercapacityexceeding1,000ccbutnot
exceeding1,500cc
8703.23
cylindercapacityexceeding1,500ccbutnot
exceeding3,000cc
8703.24
cylindercapacityexceeding3,000cc
8703.31
Othervehicles,withcompressionignitioninternal
combustionpistonengine(dieselorsemidiesel):
ofacylindercapacitynotexceeding1,500cc
8703.32
ofacylindercapacityexceeding1,500ccbutnot
exceeding2,500cc
8703.33
ofacylindercapacityexceeding2,500cc
8703.90 Other
Note1
ThePartiesagreetoapplycumulationwiththeUnitedStatesaccordingtothefollowingprovisions:

631
ProvidedthatthereisanFTAinforcebetweenbothPartiesandtheUnitedStatesconsistentwiththePartiesWTOobligationsandthePartiesreachagreement
onalltheapplicableconditions,anymaterialofChapter84,85,87or94oftheHarmonizedSystemusedintheproductionofaproductof8703.21through
8703.90oftheHarmonizedSysteminCanadaortheEUwillbeconsideredasoriginating.Withoutprejudicetotheoutcomeofthefreetradenegotiations
betweentheEUandtheUnitedStates,thediscussionsontheapplicableconditionswillincludeconsultationstoensureconsistencybetweenthecalculation
methodagreedbetweentheEUandtheUnitedStatesandthemethodapplicableunderthisAgreementforproductsofChapter87,ifnecessary.
AccordinglyTableD.1willceasetoapplyoneyearfollowingtheentryintoapplicationofsuchcumulation.
TheapplicationofcumulationanddeletionofNote1willbepublishedintheEUOfficialJournalforinformationpurposes.
ReviewProvision
If7yearsafterentryintoforceoftheAgreement,cumulationwiththeUShasnotyetenteredintoforce,bothPartiesshallmeettoreviewtheseprovisionsif
onePartyrequestsso.
AlternativePSROforProductsof87.02
Forproductsofheading87.02exportedfromCanadatotheEU,thefollowingruleoforiginappliesasanalternativetotheruleoforiginprovidedinAnnex1
(ProductSpecificRulesofOrigin):
Achangefromanyotherheading,exceptfromheading87.06through87.08;or
Achangefromwithinthisheadingorheading87.06through87.08,whetherornotthereisachangefromanyotherheading,providedthatthevalueofthe
nonoriginatingmaterialsofthisheadingorheading87.06through87.08doesnotexceed50percentofthetransactionvalueorexworkspriceoftheproduct.
ThisruleoforiginwillapplytotheenterpriseslocatedinCanadaandtheirsuccessorsandassignsproducingproductsofheading87.02inCanada,asofdateof
initiallingofthisAgreement.

Note2
ThePartiesagreetoapplycumulationwiththeUnitedStatesaccordingtothefollowingprovisions:
ProvidedthatthereisanFTAinforcebetweenbothPartiesandtheUnitedStatesconsistentwiththePartiesWTOobligationsandthePartiesreachagreement
onalltheapplicableconditions,anymaterialofChapter84,85,87or94oftheHarmonizedSystemusedintheproductionofaproductof87.02ofthe
HarmonizedSysteminCanadaortheEUwillbeconsideredasoriginating.
AccordinglythealternativePSROforproductsof87.02willceasetoapplyoneyearfollowingtheentryintoapplicationofsuchcumulation.
TheapplicationofcumulationanddeletionofNote2willbepublishedintheEUOfficialJournalforinformationpurposes.
632

GP market access EU offer Published on 26 September 2014

633
CANADIAN GOVERNMENT PROCUREMENT MARKET ACCESS OFFER

Annex X-01

Federal Government Entities

The following thresholds shall apply to procurements by entities covered in this Annex except when
conducting procurements for the activities listed in Section B of Annex X-03:

Thresholds 130,000 SDRs Goods covered in Annex X-04
130,000 SDRs Services covered in Annex X-05
5,000,000 SDRs Construction Services covered in Annex X-06

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

634
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. National Parole Board
61. National Research Council of Canada
62. Natural Sciences and Engineering Research Council
63. Northern Pipeline Agency
64. Office of Infrastructure 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 Coordinator, Status of Women
72. Office of the Correctional Investigator of Canada
73. Office of the Director of Public Prosecutions
74. Office of the Governor Generals Secretary
75. Office of the Public Sector Integrity Commissioner
76. Office of the Superintendent of Financial Institutions
77. Offices of the Information and Privacy Commissioners of Canada
78. Parks Canada Agency
79. Patented Medicine Prices Review Board
80. Privy Council Office
81. Public Health Agency of Canada
82. Public Service Commission
83. Public Service Labour Relations Board
84. Public Service Staffing Tribunal

635
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 Secretariat
98. Veterans Review and Appeal Board

Note to Annex X-01

1. For the Canadian Space Agency, the procurement of covered goods and services shall be
limited to those related to satellite communications, earth observation and global
navigation satellite systems. This commitment shall be in effect for a five-year
period following the entry into force of this Agreement, including any provisional
application of the agreement. Before the end of the five-year period, Canada may notify
the EU that it wishes to remove the temporary commitment. Such notification shall take
effect at the end of the five-year period. If Canada does not provide such notification, the
temporary commitment shall become permanent.

Article XVIII of this Chapter shall not apply to the possible removal of the temporary
commitment in this note.


636
Annex X-02

Sub-Central Government Entities

The following thresholds shall apply to procurements by entities covered in this Annex except when
conducting procurements for the activities listed in Section B of Annex X-03:

Thresholds: 200,000 SDRs Goods covered in Annex X-04
200,000 SDRs Services covered in Annex X-05
5,000,000 SDRs Construction Services covered in Annex X-06

List of Entities

ALBERTA

This Annex covers all:
(i) departments, ministries, agencies, boards, councils, committees, commissions and
similar agencies of government;
(ii) regional, local, district or other forms of municipal government; and
(iii) school boards and publicly-funded academic, health and social service entities.
This Annex does not cover the Legislative Assembly, the Legislative Assembly Office, the Office
of the Auditor General, the Office of the Chief Electoral Officer, the Office of the Ethics
Commissioner, the Office of the Information and Privacy Commissioner and the Office of the
Ombudsman.

BRITISH COLUMBIA

(i) ministries, agencies, boards, councils, committees, commissions and similar agencies
of government;
(ii) regional, local, district or other forms of municipal government; and

This Annex does not cover the Legislative Assembly and its independent offices.

MANITOBA

(i) departments, boards, commissions, committees and similar agencies of government;
(ii) municipalities, municipal organizations; and

NEW BRUNSWICK

This Annex covers:

Departments, Secretariats and Agencies

Aboriginal Affairs Secretariat
Agriculture, Aquaculture and Fisheries

637
Algonquin Golf Ltd.
Algonquin Properties
Ambulance New Brunswick
Aquarium and Marine Center of New Brunswick
Attorney General
Business New Brunswick
Child and Youth Advocate
Communications New Brunswick
Education and Early Childhood Development
Efficiency New Brunswick
Elections New Brunswick
Energy
Environment
Executive Council Office
FacilicorpNB Ltd.
Farm Products Commission
Finance
Fisheries
Forest Protection Limited
Health
Horizon Health Network (Regional Health Authority)
Intergovernmental Affairs
Justice and Consumer Affairs
Labour and Employment Board
Local Government
Natural Resources
New Brunswick Arts Board
New Brunswick Emergency Measures Organization
New Brunswick Energy & Utilities Board
New Brunswick Forest Products Commission
New Brunswick Health Council
New Brunswick Human Rights Commission
New Brunswick Insurance Board
New Brunswick Internal Services Agency
New Brunswick Lotteries Commission
New Brunswick Museum
New Brunswick Police Commission
New Brunswick Public Libraries
Office of Human Resources
Office of the Auditor General
Office of the Commissioner of Official Languages
Office of the Comptroller
Office of the Consumer Advocate for Insurance
Office of the leader of the Opposition
Office of the Lieutenant-Governor
Office of the Premier

638
Office of the Public Trustee
Ombudsman
Population Growth Secretariat
Post-Secondary Education, Training and Labour
Premiers Council on the Status of Disabled Persons
Public Safety
Vitalit (Regional Health Authority)
Senior and Healthy Aging Secretariat
Social Development
Supply and Services
Tourism and Parks
Transportation
Village Historique Acadien
Wellness, Culture and Sport
WorkSafeNB

District Education Councils
All District Education Councils

Universities
Mount Allison University
St. Thomas University
Universit de Moncton
University of New Brunswick

Community Colleges
College communautaire du Nouveau-Brunswick (Francophone)
New Brunswick Community College (Anglophone)

Regional Solid Waste Commissions
Commission de gestion dchets de Kent
Commission de gestion des dchets solides de la Pninsule acadienne
Commission des Dchets Solides / Nepisiguit-Chaleur Solid Waste Commission
Fredericton Region Solid Waste Commission
Fundy Region Solid Waste Commission
Kings County Region Solid Waste Commission
La Commission de gestion enviro ressources du Nord-Ouest
Northumberland Solid Waste Commission
Restigouche Solid Waste Corporation
Southwest Solid Waste Commission
Valley Solid Waste Commission
Westmorland-Albert Solid Waste Corporation

Wastewater Commissions
Fredericton Area Pollution Control Commission
Greater Moncton Sewerage Commission

639

Municipalities and Municipal Organizations (does not include municipal energy entities)
City of Bathurst
City of Campbellton
City of Dieppe
City of Edmundston
City of Fredericton
City of Miramichi
City of Moncton
City of Saint John

NEWFOUNDLAND AND LABRADOR

(i) departments, boards, commissions;
This Annex does not cover the Legislative Assembly.

NORTHWEST TERRITORIES

(i) ministries, agencies;
(ii) municipalities; and
This Annex does not include procurement subject to the Northwest Territories Business Incentive
Policy.

NOVA SCOTIA
This Annex covers all public sector entities as defined in the Public Procurement Act except:

(i) any listed intergovernmental or privatized governmental unit if the Province does not
own or control a majority of it;
(ii) any entity listed or described in Annex X-03 Section A, whether as an inclusion or
exclusion;
(iii) Emergency Health Services (a division of the Department of Health) in respect of
ground ambulance-related procurement, for Emergency Health Care purposes;
(iv) Sydney Tar Ponds Agency;
(v) Nova Scotia Lands Inc.; and
(vi) Harbourside Commercial Park.

NUNAVUT

(i) ministries, agencies;

640
This Annex does not include procurement subject to the Nunavummi Nangminiqaqtunik Ikajuuti
Policy (NNI Policy).

ONTARIO

(i) provincial ministries and classified agencies but does not include energy agencies,
agencies of a commercial or industrial nature, and Ontario Infrastructure and Lands
Corporation;
(ii) school boards and publicly-funded academic, health and social service entities; and
(iii) municipalities but does not include municipal energy entities.

This Annex does not cover the Offices of the Legislative Assembly.

PRINCE EDWARD ISLAND

(i) departments, agencies;
QUBEC


(i) departments, governmental agencies; and

(ii) parapublic organizations.

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 (R.S.Q., c.C-65.1),
including the Agence du revenu du Qubec, 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.

Parapublic organizations means the municipalities, the municipal organizations, 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 parapublic organizations.
SASKATCHEWAN

(i) ministries, agencies, Treasury Board Crown corporations, boards, commissions;
YUKON

This Annex covers:
Departments
Department of Community Services
Department of Economic Development
Department of Education

641
Department of Energy, Mine and Resources
Department of Environment
Department of Finance
Department of Health and Social Services
Department of Highways and Public Works
Department of Justice
Department of Tourism and Culture
Executive Council Office
Public Service Commission
Womens Directorate
French Language Services Directorate

Agencies
Yukon Workers Compensation Health & Safety Board


642
Annex X-03

Other Entities

Section A

The following thresholds shall apply to procurements by entities covered in Section A of this Annex
except when conducting procurements for the activities listed in Section B of this Annex:

Thresholds SDR 355,000 Goods covered in Annex X-04
SDR 355,000 Services covered in Annex X-05
SDR 5,000,000 Construction Services covered in Annex X-06

List of Entities

FEDERAL ENTITIES

This Annex covers all Crown corporations within the meaning of Part X of the Financial
Administration Act (FAA), which are accountable to Parliament under section 88 of the FAA.

ALBERTA

(i) Crown corporations, government-owned commercial enterprises, and other entities
that are owned by the Government of Alberta through ownership interest; and
(ii) corporations or entities owned or controlled by a regional, local, district or other form
of municipal government covered under Annex X-02.

BRITISH COLUMBIA

(i) Crown corporations, government-owned commercial enterprises, and other entities
that are owned by the Government of British Columbia through ownership interest;
and
(ii) corporations or entities owned or controlled by one or more municipal governments.

MANITOBA

This Annex covers all provincial Crown corporations, except:

Manitoba Public Insurance Corporation
Venture Manitoba Tours Limited

NEW BRUNSWICK

This Annex covers the following Crown corporations:

Kings Landing
NB Energy Efficiency and Conservation Agency

643
New Brunswick Credit Union Deposit Insurance Corporation
New Brunswick Highway Corporation
New Brunswick Housing Corporation
New Brunswick Investment Management Corporation
New Brunswick Liquor Corporation
New Brunswick Municipal Finance Corporation
New Brunswick Research and Productivity Council
New Brunswick Securities Commission
Regional Development Corporation
Service New Brunswick


This Annex covers all provincial Crown Corporations other than:

Nalcor Energy and all its existing and future subsidiaries and affiliates, except for
Newfoundland and Labrador Hydro.

Research & Development Corporation of Newfoundland and Labrador and any
subsidiary thereof.


This Annex covers all territorial Crown corporations.

This Annex does not include procurement subject to the Northwest Territories Business Incentive
Policy.

NOVA SCOTIA

This Annex covers any entity designated as a government business enterprise pursuant to the
Provincial Finance Act and the Public Procurement Act, except any listed intergovernmental or
privatized governmental unit under the Provincial Finance Act if the Province does not own or
control a majority of it.

NUNAVUT

This Annex covers all territorial Crown corporations.

This Annex does not include procurement subject to the Nunavummi Nangminiqaqtunik Ikajuuti
Policy (NNI Policy).

ONTARIO

This Annex covers all provincial and municipal government-owned entities of a commercial or
industrial nature.

This Annex excludes energy entities except for Hydro One and Ontario Power Generation.


644


This Annex covers all provincial Crown corporations except:

Innovation PEI

QUBEC

This Annex covers 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.

Government enterprise means a body set out in section 7 of the Act Respecting Contracting by
Public Bodies.

SASKATCHEWAN

This Annex covers all provincial Crown corporations, corporations owned or controlled by one or
more municipal governments and the Saskatchewan Liquor and Gaming Authority.

YUKON

This Annex covers all Government Corporations within the meaning of the Corporate
Governance Act except:

Yukon Development Corporation

Notes to Annex X-03 Section A

1. This Annex does not include procurements 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 include procurements 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% of total
points.

4. For greater certainty, nothing in this Agreement affects the 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.

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Section B

The following thresholds shall apply to procurement by procuring entities in Annexes X-01, X-02
and X-03, Section A, 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;
connection with the production, transport or distribution of electricity, or the supply of
electricity to such networks;
connection with the production, transport or distribution of gas or heat, or the supply of gas or
heat to such networks.

Thresholds SDR 400,000 Goods covered in Annex X-04
SDR 400,000 Services covered in Annex X-05
SDR 5,000,000 Construction Services covered in Annex X-06

Notes to Annex X-03 Section B

1. This Appendix does not include procurements by procuring entities for the activities listed in
Section B above when exposed to competitive forces in the market concerned.

2. This Appendix does not include procurements by procuring entities for the activities listed in
Section B:
(i) for the purchase of water, energy, or fuels for the production of energy; or
(ii) for the pursuit of such activities outside of Canada; or
(iii) 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 Appendix does not include 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.

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Annex X-04

Goods

1. Unless otherwise specified and subject to paragraph 2, this Agreement covers all goods.

2. Subject to the application of paragraph 1 of Article III, 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 Agreement 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 2350
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

647
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

648
FSC
99. Miscellaneous

3. Procurement of mass transit vehicles

This section applies to the procurement of mass transit vehicles in the provinces of Ontario and
Qubec. 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.

Procuring entities in the provinces of Ontario and Qubec, when purchasing mass transit vehicles,
may, in accordance with the terms of this agreement, require that the successful bidder contracts
up to 25% of the contract value in Canada.

Any lowering of such percentage of contract value decided by the Government of Canada or the
province of Ontario or the province of Qubec, as a result of an international agreement or in
domestic law, regulation or policy, will replace the above-mentioned percentage of 25% on a
permanent basis under this agreement 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 Qubec must treat EU bidders no less favourably than Canadian or other third country
bidders.

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 Qubec may require that final assembly takes
place in Canada.
Final assembly means:
a) for a bus
Final assembly of a bus includes installation and connection of the following parts:
Installation and interconnection of the engine, transmission, axles, including the
brake system.
Installation and interconnection of heating and air conditioning systems.
Installation of pneumatic, electrical and door systems.
Installation of passenger seats and handrails.
Installation of the destination sign.
Installation of the wheelchair access ramp.
Final inspection, road tests and preparation for delivery.

b) for a train

Final assembly of a train includes installation and connection of the following parts:
ventilation, heating and air conditioning system, bogie frames, suspension, axles,
differential, propulsion engines, propulsion control, auxiliary power, braking control,
braking equipment, air brake compressors, communication system, on-board information
and remote monitoring system, inspection and verification of all installation and
interconnection work and fixed-point testing to verify all functions.

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.

649
Contracts may not be split with the purpose of restricting the choice of eligible costs by the
bidder.

The procuring entities must indicate the existence of such conditions clearly and objectively in
both tender notices and contract documents.

The application of this section will be revisited five years after entry into force of this agreement.

The application of this section will be revisited with a view to reduce its inconsistency with the
provisions of the government procurement chapter in the event where the United States would
permanently lower its local content restrictions applicable to transit vehicles (rolling stock) below
25% for local and state contracting authorities.

Notes to Annex X-04
1. For the Province of Prince Edward Island, this Annex does not include procurement of
construction materials that are used for highway construction and maintenance.

2. For the Province of Qubec, the Annex does not include procurement of the following
goods by Hydro-Qubec (identified in accordance with the Harmonized System Codes (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; HS 8716.40.

3. For the Province of Manitoba, this Annex does not include procurement of the following
goods by Manitoba Hydro Electric Board:

Textiles Fire Retardant Clothing and other Work Apparel
Prefabricated buildings
Bridges, bridge sections, towers and lattice masts, or iron or steel
Steam turbines and other vapour turbines; hydraulic turbines and water wheels;
gas turbines other than turbo-jets and turbo-propellers
Electrical transformers, static converters and inductors
Electricity distribution or control apparatus
Parts of electricity distribution or control apparatus
Co-axial cable and other co-axial electrical conductors
Other electric conductors, for a voltage exceeding 1000V
Gates
Woodpoles and crossarms
Generators


650
Annex X-05

Services

1. Unless otherwise specified, this annex covers the services specified in paragraph 2 and 3.
The subject matter of construction services is addressed in Annex X-06. The services covered in
this Annex and Annex X-06 are identified in accordance with the United Nations Provisional
Central Products Classification (CPC), which may be found at:
http://unstats.un.org/unsd/cr/registry/regcst.asp?Cl=9&Lg=1 .

2. This Annex covers the following services procured by federal entities covered in
Annexes X-01 and X-03 Section A:

861 Legal services (advisory services of foreign and international law only)

862 Accounting, auditing and book-keeping services

3. This Annex covers the following services procured by entities covered in Annexes X-01,
X-02, and X-03 Section A:

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

651

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 Annex X-05:

1. This Annex does not include 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 X-04; 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

652
transfer of securities or other financial instruments are not covered. Central bank services are also
excluded.

3. For procuring entities covered under Annex X-02, the thresholds will be 355,000 SDR
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 Qubec, this Annex does not include procurement from a non-profit
organization with respect to urban planning, and for the ensuing plans and specifications
preparation and works management, provided that the non-profit organization respects, for its
procurement, the procuring entitys obligations under this Chapter.

5. For the Province of Qubec, this Annex does not include procurement of the following
services by Hydro-Qubec (identified in accordance with the United Nations Provisional Central
Products Classification (CPC)):
7523 Data and message transmission services
84 Computer and related services
86725 Engineering design services for industrial processes and production
86729 Other engineering services.

6. For the Province of Manitoba, this Annex does not include procurement of services by
Manitoba Hydro Electric Board.


653
Annex X-06

Construction Services

1. All construction services in CPC Division 51 are covered. Construction Services are
identified in accordance with the Provisional Central Product Classification (CPC).

2. Construction services contracts awarded by Annex X-01, Annex X-02 and Section A of
Annex X-03 entities, 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 I, II, IV, V, VI (except for sub-paragraphs 3 (e) and (l)), XV
(except paragraphs 3 and 4) and XVII of the Chapter.

3. This Appendix does not include construction services contracts as described in paragraph
2 to Annex X-06 that are awarded by procuring entities when carrying out activities listed in
Annex X-03 Section B.

Notes to Annex X-06

1. For federal entities in Annex X-01, this Annex includes dredging services, and dredging
services that are incidental to construction services contracts, subject to the following
requirements:

(1) The vessel or other floating plant equipment used in the supply of the dredging
services:

a. is of Canadian or European Union make or manufacture; or

b. 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

(2) The vessel must be registered in:

a. Canada; or

b. a Member State of the European Union and have been granted a temporary licence
under the Coasting Trade Act. The temporary license will be granted to the EU vessel, subject to
applicable non-discretionary requirements.* 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.

*For greater certainty, the Coasting Trade Act does not impose nationality requirements on crew.

2. The Province of Qubec reserves the right to adopt or maintain any measure favouring
local outsourcing in the case of construction services contracts awarded by Hydro-Qubec. For

654
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 include procurement of construction
services by Manitoba Hydro Electric Board.

Annex X-07

General Notes

1. This Chapter does not include procurement:

(a) in respect of shipbuilding and repair, including related architectural and engineering
services, for federal entities in Annex X-01 and Section A of Annex X-03; and for sub-
central entities in British Columbia, Manitoba, Newfoundland and Labrador, New
Brunswick, Nova Scotia and Prince Edward Island covered by Annex X-02 and Section
A of Annex X-03;

(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) 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, Qubec and Saskatchewan;

(e) 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;

(f) for the acquisition, development, production or co-production of programme material by
broadcasters and contracts for broadcasting time;

(g) by Qubec 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; and

(h) by procuring entities covered under Annex X-01, Annex X-02 and Section A of Annex
X-03 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 X-03.

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

655
peoples of Canada protected by section 35 of the Constitution Act, 1982 are not affected
by this Chapter;

(b) any procurement 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;

(c) procurements 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

(d) any measure adopted or maintained by Qubec 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. It does not include
procurements between one government entity or government enterprise and another
government entity or government enterprise.

(b) Where a contract to be awarded by an entity is not covered by this Chapter, Canadas
Annexes 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 federal or
sub-central entities or enterprises covered by Annex X-01, Annex X-02, or
Section A of Annex X-03 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 Canadas Annexes.
(d) Services covered by this Chapter are subject to Canada's exclusions from and
reservations to the Chapters on Cross-Border Trade in Services, Investment and
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.

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 one million Canadian dollars, or less; and
(ii) support small firms or employment opportunities in non-urban areas.


656
(c) If the procurement meets the requirement of paragraph (b)(ii) but its total value exceeds
one million Canadian dollars, the value of the part of the contract that would be affected
by the derogation would not exceed one million Canadian dollars.

(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 name of firm(s) and/or area(s) where the
procurement is expected to provide regional economic benefits; and
(iii) an explanation of the conformity of the procurement with the requirements of
this Note.

657
ANNEX 8

Publication Media

a) Electronic or paper media utilized 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 V

()

b) Electronic or paper media utilized for the publication of notices required by Articles VI,
VIII:7 and XV:2 pursuant to Article V

()

c) Website address or addresses where Parties publish procurement statistics pursuant to
Article XV:5 and notices concerning awarded contracts pursuant to Article XV:6

()


658
CETA Public Procurement

EU FINAL OFFER TO CANADA


659
ANNEX 1

Central government entities which procure in accordance
with the provisions of the Chapter

Supplies
Specified in Annex 4
Thresholds SDR 130,000

Services

Works
Thresholds SDR 5,000,000

1. EUROPEAN UNION ENTITIES

1. The Council of the European Union

2. The European Commission

3. The European External Action Service (EEAS)

2. THE CENTRAL GOVERNMENT CONTRACTING AUTHORITIES OF EU
MEMBER STATES

1. EUROPEAN UNION ENTITIES

1. The Council of the European Union

2. The European Commission

3. European External Action Service (EEAS)

2. THE CENTRAL GOVERNMENT CONTRACTING AUTHORITIES OF EU
MEMBER STATES

(Note: this list is exhaustive.)
BELGIUM

1. Services publics fdraux: 1. Federale Overheidsdiensten:

SPF Chancellerie du Premier Ministre; FOD Kanselarij van de Eerste Minister;

SPF Personnel et Organisation; FOD Kanselarij Personeel en Organisatie;

660

SPF Budget et Contrle de la Gestion; FOD Budget en Beheerscontrole;

SPF Technologie de l'Information et de la FOD Informatie- en Communicatietechnologie
Communication (Fedict); (Fedict);

SPF Affaires trangres, Commerce FOD Buitenlandse Zaken, Buitenlandse Handel
extrieur et Coopration au Dveloppement; en Ontwikkelingssamenwerking;

SPF Intrieur; FOD Binnenlandse Zaken;

SPF Finances; FOD Financin;

SPF Mobilit et Transports; FOD Mobiliteit en Vervoer;

SPF Emploi, Travail et Concertation sociale; FOD Werkgelegenheid, Arbeid en sociaal
overleg;

SPF Scurit Sociale et Institutions publiques FOD Sociale Zekerheid en Openbare
de Scurit Sociale; Instellingen van sociale Zekerheid;

SPF Sant publique, Scurit de la Chane FOD Volksgezondheid, Veiligheid van de
alimentaire et Environnement; Voedselketen en Leefmilieu;

SPF Justice; FOD Justitie;

SPF Economie, PME, Classes moyennes FOD Economie, KMO, Middenstand en
Energie;
et Energie;

Ministre de la Dfense; Ministerie van Landsverdediging;
Service public de programmation Programmatorische Overheidsdienst
Intgration sociale, Lutte contre la pauvret Maatschappelijke Integratie,
Et Economie sociale; Armoedsbestrijding en sociale Economie;

Service public fdral de Programmation Programmatorische federale Overheidsdienst
Dveloppement durable; Duurzame Ontwikkeling;

Service public fdral de Programmation Programmatorische federale Overheidsdienst
Politique scientifique; Wetenschapsbeleid;

2. Rgie des Btiments: 2. Regie der Gebouwen:

Office national de Scurit sociale; Rijksdienst voor sociale Zekerheid;

Institut national d'Assurance sociales Rijksinstituut voor de sociale Verzekeringen der
Pour travailleurs indpendants; Zelfstandigen;

Institut national d'Assurance Rijksinstituut voor Ziekte- en
Maladie-Invalidit; Invaliditeitsverzekering;

661
Office national des Pensions; Rijksdienst voor Pensioenen;

Caisse auxiliaire d'Assurance Hulpkas voor Ziekte-en
Maladie-Invalidit; Invaliditeitsverzekering;

Fond des Maladies professionnelles; Fonds voor Beroepsziekten;

Office national de l'Emploi; Rijksdienst voor Arbeidsvoorziening

La Poste
De Post

BULGARIA

1. (Administration of the National Assembly)
2. (Administration of the President)
3. (Administration of the Council of Ministers)
4. (Constitutional Court)
5. (Bulgarian National Bank)
6. (Ministry of Foreign Affairs)
7. (Ministry of the Interior)
8. (Ministry of mergency Situations)
9.
(Ministry of State Administration and Administrative Reform)
10. (Ministry of Agriculture and Food)
11. (Ministry of Health)
12. (Ministry of Economy and Energy)
13. (Ministry of Culture)
14. (Ministry of Education and Science)
15. (Ministry of Environment and Water)
16. (Ministry of Defence)
17. (Ministry of Justice)
18. (Ministry of Regional
Development and Public Works)
19. (Ministry of Transport)
20. (Ministry of Labour and Social Policy)
21. (Ministry of Finance)
22. , ,
, ,

(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. (Nuclear Regulatory Agency)
24. (Energy and Water State
Regulatory Commission)
25. (State Commission on
Information Security)
Postal activities as per act of 24 December 1993


662
26. (Commission for Protection of Competition)
27. (Commission for Personal Data Protection)
28. (Commission for Protection Against
Discrimination)
29. (Communications Regulation Commission)
30. (Financial Supervision Commission)
31. (Patent Office of the Republic of
Bulgaria)
32. (National Audit Office of the Republic of
Bulgaria)
33. (Privatization Agency)
34. (Agency for Post-privatization Control)
35. (Bulgarian Institute for Metrology)
36. " (State Agency "Archives")
37. " " (State Agency
"State Reserve and War-Time Stocks")
38. (State Agency for Refugees)
39. (State Agency for Bulgarians Abroad)
40. (State Agency for Child Protection)
41. (State Agency for
Information Technology and Communications)
42. (State Agency for
Metrological and Technical Surveillance)
43. (State Agency for Youth and Sports)
44. (State Agency for Tourism)
45. (State Commission on Commodity
Exchanges and Market-places)
46. (Institute of Public
Administration and European Integration)
47. (National Statistical Institute)
48. "" (Customs Agency)
49. (Public Financial Inspection Agency)
50. (State Receivables Collection Agency)
51. (Social Assistance Agency)
52. " " (State Agency "National Security")
53. (Agency for Persons with Disabilities)
54. (Registry Agency)
55. (Energy Efficiency Agency)
56. (Employment Agency)
57. , (Geodesy, Cartography and Cadastre
Agency)
58. (Public Procurement Agency)
59. (Bulgarian Investment Agency)
60. " " (General
Directorate "Civil Aviation Administration")
61. (Directorate for National Construction
Supervision)
62. (State Commission on Gambling)
63. " " (Executive Agency
"Automobile Administration")
64. " " (Executive Agency "Hail Suppression")

663
"Bulgarian Accreditation Service")
66. " " (Executive Agency "General
Labour Inspectorate")
67. " " (Executive Agency "Railway
Administration")
68. " " (Executive Agency "Maritime
Administration")
69. " " (Executive Agency "National
Film Centre")
70. " " (Executive Agency "Port
Administration")
"Exploration and Maintenance of the Danube River")
72. " " (National Infrastructure Fund)
73. (Executive Agency for
Economic Analysis and Forecasting)
74. (Executive
Agency for Promotion of Small and Medium Enterprises)
75. (Executive Agency on Medicines)
76. (Executive Agency on Vine and Wine)
77. (Executive Environment Agency)
78. (Executive Agency on Soil Resources)
79. (Executive Agency on Fisheries
and Aquaculture)
80. (Executive
Agency for Selection and Reproduction in Animal Husbandry)
81. , (Executive
Agency for Plant Variety Testing, Field Inspection and Seed Control)
82. (Transplantation Executive Agency)
83. (Executive Agency on Hydromelioration)
84. (Commission for Consumer Protection)
85. - (Control Technical Inspectorate)
86. (National Revenue Agency)
87. (National Veterinary Service)
88. (National Service for Plant Protection)
89. (National Grain and Feed Service)
90. (State Forestry Agency)
91. (Higher Attestation Commission)
92. (National Evaluation and
Accreditation Agency)
93. (National Agency
for Vocational Education and Training)
94. (Bulgarian National Anti-Trafficking
Commission)
95. "- "
(Directorate "Material-technical Ensuring and
Social Service" at the Ministry of the Interior)
96. " "
(Directorate "Operative Investigation" at the Ministry of the Interior)

664
97. "- "
(Directorate "Financial and Resource Ensuring" at the Ministry of the Interior)
98. " " (Executive Agency "Military
Clubs and Information")
99. " "
(Executive Agency "State Property at the Ministry of Defence")
100. " ,
"(Executive Agency "Testing and Control Measurements of Arms,
Equipment and Property")
101. " "
(Executive Agency "Social Activities at the Ministry of Defence")
102. (National Center for Information
and Documentation)
103. (National Centre for
Radiobiology and Radiation Protection)
104. "" (National Office "Police")
105. " " (National
Office "Fire Safety and Protection of the Population")
106. (National Agricultural Advisory Service)
107. " " (Military Information Service)
108. " " (Military Police)
109. 28 (Airsquad 28)

CZECH REPUBLIC

1. Ministerstvo dopravy (Ministry of Transport)
2. Ministerstvo financ (Ministry of Finance)
3. Ministerstvo kultury (Ministry of Culture)
4. Ministerstvo obrany (Ministry of Defence)
5. Ministerstvo pro mstn rozvoj (Ministry for Regional Development)
6. Ministerstvo prce a socilnch vc (Ministry of Labour and Social Affairs)
7. Ministerstvo prmyslu a obchodu (Ministry of Industry and Trade)
8. Ministerstvo spravedlnosti (Ministry of Justice)
9. Ministerstvo kolstv, mldee a tlovchovy (Ministry of Education, Youth and Sports)
10. Ministerstvo vnitra (Ministry of the Interior)
11. Ministerstvo zahraninch vc (Ministry of Foreign Affairs)
12. Ministerstvo zdravotnictv (Ministry of Health)
13. Ministerstvo zemdlstv (Ministry of Agriculture)
14. Ministerstvo ivotnho prosted (Ministry of the Environment)
15. Poslaneck snmovna PR (Chamber of Deputies of the Parliament of the Czech
Republic)
16. Sent PR (Senate of the Parliament of the Czech Republic)
17. Kancel prezidenta (Office of the President)
18. esk statistick ad (Czech Statistical Office)
19. esk ad zemmisk a katastrln (Czech Office for Surveying, Mapping and
Cadastre)
20. ad prmyslovho vlastnictv (Industrial Property Office)
21. ad pro ochranu osobnch daj (Office for Personal Data Protection)
22. Bezpenostn informan sluba (Security Information Service)

665
23. Nrodn bezpenostn ad (National Security Authority)
24. esk akademie vd (Academy of Sciences of the Czech Republic)
25. Vzesk sluba (Prison Service)
26. esk bsk ad (Czech Mining Authority)
27. ad pro ochranu hospodsk soute (Office for the Protection of Competition)
28. Sprva sttnch hmotnch rezerv (Administration of the State Material Reserves)
29. Sttn ad pro jadernou bezpenost (State Office for Nuclear Safety)
30. Energetick regulan ad (Energy Regulatory Office)
31. ad vldy esk republiky (Office of the Government of the Czech Republic)
32. stavn soud (Constitutional Court)
33. Nejvy soud (Supreme Court)
34. Nejvy sprvn soud (Supreme Administrative Court)
35. Nejvy sttn zastupitelstv (Supreme Public Prosecutors Office)
36. Nejvy kontroln ad (Supreme Audit Office)
37. Kancel Veejnho ochrnce prv (Office of the Public Defender of Rights)
38. Grantov agentura esk republiky (Grant Agency of the Czech Republic)
39. Sttn ad inspekce prce (State Labour Inspection Office)
40. esk telekomunikan ad (Czech Telecommunication Office)
41. editelstv silnic a dlnic R (SD) (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. Beskftigelsesministeriet Ministry of Employment
5 styrelser og institutioner 5 agencies and institutions

5. Domstolsstyrelsen The Court Administration

6. Finansministeriet Ministry of Finance

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 stiftsvrigheder 10 diocesan authorities

666

11. Kulturministeriet Ministry of Culture
4 styrelser samt et antal statsinstitutioner A Department and a number of institutions

12. Miljministeriet 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 Fdevarer, 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 Ris 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. Velfrdsministeriet Ministry of Welfare
3 styrelser og institutioner 3 agencies and several institutions

18. Transportministeriet Ministry of Transport
7 styrelser og institutioner, herunder resundsbrokonsortiet 7 agencies and
institutions, including resundsbrokonsortiet

19. Undervisningsministeriet Ministry of Education
3 styrelser, 4 undervisningsinstitutioner og 5 andre institutioner 3 agencies, 4
educational establishments, 5 other institutions

20. konomi- 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

667
GERMANY

1. Federal Foreign Office Auswrtiges Amt
2. Federal Chancellery Bundeskanzleramt
3. Federal Ministry of Labour and Social Affairs Bundesministerium fr Arbeit und Soziales
4. Federal Ministry of Education and Research Bundesministerium fr Bildung und
Forschung
5. Federal Ministry for Food, Agriculture and
Consumer Protection
Bundesministerium fr Ernhrung,
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 fr Gesundheit
9. Federal Ministry for Family Affairs, Senior
Citizens, Women and Youth
Bundesministerium fr Familie, Senioren,
Frauen und Jugend
10. Federal Ministry of Justice Bundesministerium der Justiz
11. Federal Ministry of Transport, Building and
Urban Affairs
Bundesministerium fr Verkehr, Bau und
Stadtentwicklung
12. Federal Ministry of Economic Affairs and
Technology
Bundesministerium fr Wirtschaft und
Technologie
13. Federal Ministry for Economic Co-operation
and Development
Bundesministerium fr wirtschaftliche
Zusammenarbeit und Entwicklung
14. Federal Ministry of Defence Bundesministerium der Verteidigung
15. Federal Ministry of Environment, Nature
Conservation and Reactor Safety
Bundesministerium fr 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. iguskantsler (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. Pllumajandusministeerium (Ministry of Agriculture)
15. Rahandusministeerium (Ministry of Finance)
16. Siseministeerium (Ministry of Internal Affairs)
17. Sotsiaalministeerium (Ministry of Social Affairs)
18. Vlisministeerium (Ministry of Foreign Affairs)
19. Keeleinspektsioon (The Language Inspectorate)

668
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 Jrelevalve 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. Pllumajanduse 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. Psteamet (The Rescue Board)
43. Andmekaitse Inspektsioon (Estonian Data Protection Inspectorate)
44. Ravimiamet (State Agency of Medicines)
45. Sotsiaalkindlustusamet (Social Insurance Board)
46. Tturuamet (Labour Market Board)
47. Tervishoiuamet (Health Care Board)
48. Tervisekaitseinspektsioon (Health Protection Inspectorate)
49. Tinspektsioon (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. Kaitseve Logistikakeskus (Logistics Centre of Defence Forces)

GREECE

1. (Ministry of Interior)
3. (Ministry of Economy and Finance)
4. (Ministry of Development)
5. (Ministry of Justice)
6. (Ministry of Education and Religion)
7. (Ministry of Culture)
8. (Ministry of Health and Social
Solidarity)

669
9. , (Ministry of Environment,
Physical Planning and Public Works)
10. (Ministry of Employment and
Social Protection)
11. (Ministry of Transport and Communications)
12. (Ministry of Rural Development and
Food)
13. , (Ministry of
Mercantile Marine, Aegean and Island Policy)
14. - (Ministry of Macedonia and Thrace)
15. (General Secretariat of Communication)
16. (General Secretariat of Information)
17. (General Secretariat for Youth)
18. (General Secretariat of Equality)
19. (General Secretariat for Social Security)
20. (General Secretariat for Greeks Living
Abroad)
21. (General Secretariat for Industry)
22. (General Secretariat for Research and
Technology)
23. (General Secretariat for Sports)
24. (General Secretariat for Public Works)
25. (National Statistical
Service)
26. (National Welfare Council)
27. (Workers' Housing Organisation)
28. (National Printing Office)
29. (General State Laboratory)
30. (Greek Highway Fund)
31. (University of Athens)
32. (University of Thessaloniki)
33. (University of Thrace)
34. (University of Aegean)
35. (University of Ioannina)
36. (University of Patras)
37. (University of Macedonia)
38. (Polytechnic School of Crete)
39. (Sivitanidios Technical School)
40. (Eginitio Hospital)
41. (Areteio Hospital)
42. (National Centre of Public Administration)
43. (.. Public Material anagement
Organisation)
44. (Farmers' Insurance Organisation)
45. (School Building Organisation)
46. (Army General Staff)
47. (Navy General Staff)
48. (Airforce General Staff)
49. (Greek Atomic Energy Commission)
50. (General Secretariat for Further Education)
51. (Ministry of National Defence)

670
52. (General Secretariat of Commerce)
53. Hellenic Post (EL. TA)

SPAIN

Presidencia de Gobierno

Ministerio de Asuntos Exteriores y de Cooperacin

Ministerio de Justicia

Ministerio de Defensa

Ministerio de Economa y Hacienda

Ministerio del Interior

Ministerio de Fomento

Ministerio de Educacin y Ciencia

Ministerio de Industria, Turismo y Comercio

Ministerio de Trabajo y Asuntos Sociales

Ministerio de Agricultura, Pesca y Alimentacin

Ministerio de la Presidencia

Ministerio de Administraciones Pblicas

Ministerio de Cultura

Ministerio de Sanidad y Consumo

Ministerio de Medio Ambiente

Ministerio de Vivienda

FRANCE

1. Ministres

Services du Premier ministre
Ministre charg de la sant, de la jeunesse et des sports
Ministre charg de l'intrieur, de l'outre-mer et des collectivits territoriales
Ministre charg de la justice

671
Ministre charg de la dfense
Ministre charg des affaires trangres et europennes
Ministre charg de l'ducation nationale
Ministre charg de l'conomie, des finances et de l'emploi
Secrtariat d'Etat aux transports
Secrtariat d'Etat aux entreprises et au commerce extrieur
Ministre charg du travail, des relations sociales et de la solidarit
Ministre charg de la culture et de la communication
Ministre charg du budget, des comptes publics et de la fonction publique
Ministre charg de l'agriculture et de la pche
Ministre charg de l'enseignement suprieur et de la recherche
Ministre charg de l'cologie, du dveloppement et de l'amnagement durables
Secrtariat d'Etat la fonction publique
Ministre charg du logement et de la ville
Secrtariat d'Etat la coopration et la francophonie
Secrtariat d'Etat l'outre-mer
Secrtariat d'Etat la jeunesse et aux sports et de la vie associative
Secrtariat d'Etat aux anciens combattants
Ministre charg de l'immigration, de l'intgration, de l'identit nationale et du co-dveloppement
Secrtariat d'Etat en charge de la prospective et de l'valuation des politiques publiques
Secrtariat d'Etat aux affaires europennes
Secrtariat d'Etat aux affaires trangres et aux droits de l'homme
Secrtariat d'Etat la consommation et au tourisme
Secrtariat d'Etat la politique de la ville
Secrtariat d'Etat la solidarit
Secrtariat d'Etat en charge de l'emploi
Secrtariat d'Etat en charge du commerce, de l'artisanat, des PME, du tourisme et des services
Secrtariat d'Etat en charge du dveloppement de la rgion-capitale
Secrtariat d'Etat en charge de l'amnagement du territoire

2. Etablissements publics nationaux
Acadmie de France Rome
Acadmie de marine
Acadmie des sciences d'outre-mer
Acadmie des technologies
Agence Centrale des Organismes de Scurit Sociale (A.C.O.S.S.)
Agences de l'eau
Agence de biomdecine
Agence pour l'enseignement du franais l'tranger
Agence franaise de scurit sanitaire des aliments
Agence franaise de scurit sanitaire de l'environnement et du travail
Agence Nationale de l'Accueil des Etrangers et des migrations
Agence nationale pour l'amlioration des conditions de travail (ANACT)
Agence nationale pour l'amlioration de l'habitat (ANAH)
Agence Nationale pour la Cohsion Sociale et l'Egalit des Chances
Agence pour la garantie du droit des mineurs
Agence nationale pour l'indemnisation des franais d'outre-mer (ANIFOM)
Assemble permanente des chambres d'agriculture (APCA)
Bibliothque nationale de France
Bibliothque nationale et universitaire de Strasbourg

672
Caisse des Dpts et Consignations
Caisse nationale des autoroutes (CNA)
Caisse nationale militaire de scurit sociale (CNMSS)
Caisse de garantie du logement locatif social
Casa de Velasquez
Centre d'enseignement zootechnique
Centre d'tudes de l'emploi
Centre hospitalier national des Quinze-Vingts
Centre international d'tudes suprieures en sciences agronomiques (Montpellier Sup Agro)
Centre des liaisons europennes et internationales de scurit sociale
Centre des Monuments Nationaux
Centre national d'art et de culture Georges Pompidou
Centre national des arts plastiques
Centre national de la cinmatographie
Institut national suprieur de formation et de recherche pour l'ducation des jeunes handicaps et
les enseignements adapts
Centre National d'Etudes et d'exprimentation du machinisme agricole, du gnie rural, des eaux et
des forts (CEMAGREF)
Ecole nationale suprieure de Scurit Sociale
Centre national du livre
Centre national de documentation pdagogique
Centre national des uvres universitaires et scolaires (CNOUS)
Centre national professionnel de la proprit forestire
Centre National de la Recherche Scientifique (C.N.R.S)
Centres d'ducation populaire et de sport (CREPS)
Centres rgionaux des uvres universitaires (CROUS)
Collge de France
Conservatoire de l'espace littoral et des rivages lacustres
Conservatoire National des Arts et Mtiers
Conservatoire national suprieur de musique et de danse de Paris
Conservatoire national suprieur de musique et de danse de Lyon
Conservatoire national suprieur d'art dramatique
Ecole centrale de Lille
Ecole centrale de Lyon
cole centrale des arts et manufactures
cole franaise d'archologie d'Athnes
cole franaise d'Extrme-Orient
cole franaise de Rome
cole des hautes tudes en sciences sociales
Ecole du Louvre
cole nationale d'administration
cole nationale de l'aviation civile (ENAC)
cole nationale des Chartes
cole nationale d'quitation
Ecole Nationale du Gnie de l'Eau et de l'environnement de Strasbourg
coles nationales d'ingnieurs
Ecole nationale d'ingnieurs des industries des techniques agricoles et alimentaires de Nantes
coles nationales d'ingnieurs des travaux agricoles
cole nationale de la magistrature
coles nationales de la marine marchande
cole nationale de la sant publique (ENSP)

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cole nationale de ski et d'alpinisme
cole nationale suprieure des arts dcoratifs
cole nationale suprieure des arts et industries textiles Roubaix
Ecole nationale suprieure des arts et techniques du thtre
coles nationales suprieures d'arts et mtiers
cole nationale suprieure des beaux-arts
cole nationale suprieure de cramique industrielle
cole nationale suprieure de l'lectronique et de ses applications (ENSEA)
Ecole Nationale Suprieure des Sciences de l'information et des bibliothcaires
coles nationales vtrinaires
cole nationale de voile
coles normales suprieures
cole polytechnique
cole de viticulture Avize (Marne)
Etablissement national d'enseignement agronomique de Dijon
tablissement national des invalides de la marine (ENIM)
tablissement national de bienfaisance Koenigswarter
Fondation Carnegie
Fondation Singer-Polignac
Haras nationaux
Hpital national de Saint-Maurice
Institut franais d'archologie orientale du Caire
Institut gographique national
Institut National des Appellations d'origine
Institut national des hautes tudes de scurit
Institut de veille sanitaire
Institut National d'enseignement suprieur et de recherche agronomique et agroalimentaire de
Rennes
Institut National d'Etudes Dmographiques (I.N.E.D)
Institut National d'Horticulture
Institut National de la jeunesse et de l'ducation populaire
Institut national des jeunes aveugles Paris
Institut national des jeunes sourds Bordeaux
Institut national des jeunes sourds Chambry
Institut national des jeunes sourds Metz
Institut national des jeunes sourds Paris
Institut national de physique nuclaire et de physique des particules (I.N.P.N.P.P)
Institut national de la proprit industrielle
Institut National de la Recherche Agronomique (I.N.R.A)
Institut National de la Recherche Pdagogique (I.N.R.P)
Institut National de la Sant et de la Recherche Mdicale (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 appliques
Institut national de recherche en informatique et en automatique (INRIA)
Institut national de recherche sur les transports et leur scurit (INRETS)
Institut de Recherche pour le Dveloppement
Instituts rgionaux d'administration
Institut des Sciences et des Industries du vivant et de l'environnement (Agro Paris Tech)

674
Institut suprieur de mcanique de Paris
Institut Universitaires de Formation des Matres
Muse de l'arme
Muse Gustave-Moreau
Muse du Louvre
Muse du Quai Branly
Muse national de la marine
Muse national J.-J.-Henner
Muse national de la Lgion d'honneur
Muse de la Poste
Musum National d'Histoire Naturelle
Muse Auguste-Rodin
Observatoire de Paris
Office franais de protection des rfugis 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 franais pour l'Algrie
Palais de la dcouverte
Parcs nationaux
Universits

3. Institutions, autorits et juridictions indpendantes

Prsidence de la Rpublique
Assemble Nationale
Snat
Conseil constitutionnel
Conseil conomique et social
Conseil suprieur de la magistrature
Agence franaise contre le dopage
Autorit de contrle des assurances et des mutuelles
Autorit de contrle des nuisances sonores aroportuaires
Autorit de rgulation des communications lectroniques et des postes
Autorit de sret nuclaire
Comit national d'valuation des tablissements publics caractre scientifique, culturel et
professionnel
Commission d'accs aux documents administratifs
Commission consultative du secret de la dfense nationale
Commission nationale des comptes de campagne et des financements politiques
Commission nationale de contrle des interceptions de scurit
Commission nationale de dontologie de la scurit
Commission nationale du dbat public
Commission nationale de l'informatique et des liberts
Commission des participations et des transferts
Commission de rgulation de lnergie
Commission de la scurit des consommateurs
Commission des sondages
Commission de la transparence financire de la vie politique
Conseil de la concurrence

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Conseil suprieur de l'audiovisuel
Dfenseur des enfants
Haute autorit de lutte contre les discriminations et pour l'galit
Haute autorit de sant
Mdiateur de la Rpublique
Cour de justice de la Rpublique
Tribunal des Conflits
Conseil d'Etat
Cours administratives d'appel
Tribunaux administratifs
Cour des Comptes
Chambres rgionales 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)
Autorit indpendante des marchs financiers
Caisse Nationale des Allocations Familiales (CNAF)
Caisse Nationale d'Assurance Maladie des Travailleurs Salaris (CNAMS)
Caisse Nationale d'Assurance-Vieillesse des Travailleurs Salaris (CNAVTS)

CROATIA

Croatian Parliament;
President of the Republic of Croatia;
Office of the President of the Republic of Croatia;
Office of the President of the Republic of Croatia after the expiry of the term of office;
Government of the of the Republic of Croatia;
Offices of the Government of the Republic of Croatia;

Ministry of Economy
Ministry of Regional Development and EU Funds
Ministry of Finance
Ministry of Defence
Ministry of Foreign and European Affairs
Ministry of the Interior
Ministry of Justice
Ministry of Public Administration
Ministry of Entrepreneurship and Crafts
Ministry of Labour and Pension System
Ministry of Maritime Affairs, Transport and Infrastructure
Ministry of Agriculture
Ministry of Tourism
Ministry of Environmental and Nature Protection
Ministry of Construction and Physical Planning

676
Ministry of Veterans' Affairs
Ministry of Social Policy and Youth
Ministry of Health
Ministry of Science, Education and Sports
Ministry of Culture

State administrative organisations;
County state administration offices;
Constitutional Court of the Republic of Croatia;
Supreme Court of the Republic of Croatia;
Courts;
State Judiciary Council;
State attorney's offices;
State Prosecutor's Council;
Ombudsman's offices;
State Commission for the Supervision of Public Procurement Procedures;
Croatian National Bank;
State agencies and offices;
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

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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)

678
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 Solidariet sociale (Ministry of Social Solidarity)
16. Ministero della Salute (Ministry of Health)
17. Ministero dell' Istruzione dell' universit e della ricerca (Ministry of Education,
University and Research)
18. Ministero per i Beni e le Attivit 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)
76

CYPRUS

1. (a) (Presidency and Presidential Palace)
(b) (Office of the Coordinator for Harmonisation)
2. (Council of Ministers)
3. (House of Representatives)
4. (Judicial Service)
5. (Law Office of the Republic)
6. (Audit Office of the Republic)
7. (Public Service Commission)
8. (Educational Service Commission)
9. (Office of the Commissioner for Administration
(Ombudsman))
10. (Commission for the Protection of Competition)
11. (Internal Audit Service)
12. (Planning Bureau)
13. (Treasury of the Republic)
14. (Office of the
Personal Character Data Protection Commissioner)
15. (Office of the Commissioner for the Public Aid)
16. (Tender Review Body)
76
Acts as the central purchasing entity for all the Italian public administration.

679
17. (Cooperative Societies
Supervision and Development Authority)
18. (Refugees Review Body)
19. (Ministry of Defence)
20. (a) , (Ministry of
Agriculture, Natural Resources and Environment)
(b) (Department of Agriculture)
(c) (Veterinary Services)
(d) (Forest Department)
(e) (Water Development Department)
(f) (Geological Survey Department)
(g) (Meteorological Service)
(h) (Land Consolidation Department)
(i) (Mines Service)
(j) (Agricultural Research Institute)
(k) (Department of Fisheries and Marine
Research)
21. (a) (Ministry of Justice and Public
Order)
(b) (Police)
(c) (Cyprus Fire Service)
(d) (Prison Department)
22. (a) , (Ministry of Commerce,
Industry and Tourism)
(b) (Department of Registrar of
Companies and Official Receiver)
23. (a) (Ministry of Labour and
Social Insurance)
(b) (Department of Labour)
(c) (Department of Social Insurance)
(d) (Department of Social Welfare
Services)
(e) (Productivity Centre Cyprus)
(f) (Higher Hotel Institute Cyprus)
(g) (Higher echnical Institute)
(h) (Department of Labour Inspection)
(i) (Depertment of Labour Relations)
24. (a) (Ministry of the Interior)
(b) (District Administrations)
(c) (Town Planning and Housing Department)
(d) (Civil Registry and Migration
Department)
(e) (Department of Lands and Surveys)
(f) (Press and Information Office)
(g) (Civil Defence)
(h) (Service for the care
and rehabilitation of displaced persons)
(i) (Asylum Service)
26. (a) (Ministry of Finance)
(b) (Customs and Excise)

680
(c) (Department of Inland Revenue)
(d) (Statistical Service)
(e) (Department of Government
Purchasing and Supply)
(f) (Public Administration and
Personnel Department)
(g) (Government Printing Office)
(h) (Department of Information Technology
Services)
27. (Ministry of ducation and Culture)
28. (a) (Ministry of Communications and Works)
(b) (Department of Public Works)
(c) (Department of Antiquities)
(d) (Department of Civil Aviation)
(e) (Department of Merchant Shipping)
(f) (Postal Services Department)
(g) (Department of Road Transport)
(h) (Department of Electrical and
Mechanical Services)
(i) (Department of Electronic
Telecommunications)
29. (a) (Ministry of Health)
(b) (Pharmaceutical Services)
(c) (General Laboratory)
(d) (Medical and Public Health
Services)
(e) (Dental Services)
(f) (Mental Health Services)

LATVIA

A) Ministrijas, pau ministru sekretariti un to padotb esos iestdes (Ministries,
secretariats of ministers for special assignments, and their subordinate institutions):

1. Aizsardzbas ministrija un ts padotb esos iestdes (Ministry of Defence and
subordinate institutions)
2. rlietu ministrija un tas padotb esos iestdes (Ministry of Foreign Affairs and
3. Ekonomikas ministrija un ts padotb esos iestdes (Ministry of Economics and
4. Finanu ministrija un ts padotb esos iestdes (Ministry of Finance and subordinate
institutions)
5. Ieklietu ministrija un ts padotb esos iestdes (Ministry of the Interior Affairs and
6. Izgltbas un zintnes ministrija un ts padotb esos iestdes (Ministry of Education
and Science and subordinate institutions)
7. Kultras ministrija un tas padotb esos iestdes (Ministry of Culture and subordinate
institutions)
8. Labkljbas ministrija un ts padotb esos iestdes (Ministry of Welfare and

681
9. Satiksmes ministrija un ts padotb esos iestdes (Ministry of Transport and
10. Tieslietu ministrija un ts padotb esos iestdes (Ministry of Justice and subordinate
institutions)
11. Veselbas ministrija un ts padotb esos iestdes (Ministry of Health and subordinate
institutions)
12. Vides aizsardzbas un reionls attstbas ministrija un ts padotb esos iestdes
(Ministry of Environmental Protection and Regional Development and subordinate
institutions)
13. Zemkopbas ministrija un ts padotb esos iestdes (Ministry of Agriculture and
14. pau uzdevumu ministra sekretariti un to padotb esos iestdes (Ministries for
Special Assignments and subordinate institutions)
B) Citas valsts iestdes (Other state institutions):

1. Augstk tiesa (Supreme Court)
2. Centrl vlanu komisija (Central Election Commission)
3. Finanu un kapitla tirgus komisija (Financial and Capital Market Commission)
4. Latvijas Banka (Bank of Latvia)
5. Prokuratra un ts prraudzb esos iestdes (Prosecutor's Office and institutions under
its supervision)
6. Saeimas un ts padotb esos iestdes (The Parliament and subordinate institutions)
7. Satversmes tiesa (Constitutional Court)
8. Valsts kanceleja un ts prraudzb esos iestdes (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 iestdes, kuras nav ministriju padotb (Other state institutions not
subordinate to ministries):
- Tiesbsarga birojs (Office of the Ombudsman)
- Nacionl radio un televzijas padome (National Broadcasting Council)
Other state institutions

LITHUANIA

Prezidentros 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 kontrolieri staiga (The Seimas Ombudsmen's Office);
Valstybs kontrol (National Audit Office);
Specialij tyrim tarnyba (Special Investigation Service);
Valstybs saugumo departamentas (State Security Department);
Konkurencijos taryba (Competition Council);
Lietuvos gyventoj genocido ir rezistencijos tyrimo centras (Genocide and Resistance Research
Centre);
Vertybini popieri komisija (Lithuanian Securities Commission);

682
Ryi reguliavimo tarnyba (Communications Regulatory Authority);
Nacionalin sveikatos taryba (National Health Board);
Etnins kultros globos taryba (Council for the Protection of Ethnic Culture);
Lygi galimybi kontrolieriaus tarnyba (Office of Equal Opportunities Ombudsperson);
Valstybin kultros paveldo komisija (National Cultural Heritage Commission);
Vaiko teisi apsaugos kontrolieriaus staiga (Children's Rights Ombudsman Institution);
Valstybin kain ir energetikos kontrols komisija (State Price Regulation Commission of Energy
Resources);
Valstybin lietuvi kalbos komisija (State Commission of the Lithuanian Language);
Vyriausioji rinkim komisija (Central Electoral Committee);
Vyriausioji tarnybins etikos komisija (Chief Commission of Official Ethics);
urnalist etikos inspektoriaus tarnyba (Office of the Inspector of Journalists' Ethics).

Vyriausybs kanceliarija (Office of the Government)
Vyriausybei atskaitingos institucijos (Institutions Accountable to the Government):
Ginkl fondas (Weaponry Fund);
Informacins visuomens pltros komitetas (Information Society Development Committee);
Kno kultros ir sporto departamentas (Department of Physical Education and Sports);
Lietuvos archyv departamentas (Lithuanian Archives Department);
Mokestini gin komisija (Commission on Tax Disputes);
Statistikos departamentas (Department of Statistics);
Tautini maum ir ieivijos departamentas (Department of National Minorities and Lithuanians
Living Abroad);
Valstybin tabako ir alkoholio kontrols tarnyba (State Tobacco and Alcohol Control Service);
Viej pirkim tarnyba (Public Procurement Office);
Valstybin atomins energetikos saugos inspekcija (State Nuclear Power Safety Inspectorate);
Valstybin duomen apsaugos inspekcija (State Data Protection Inspectorate);
Valstybin loim prieiros komisija (State Gaming Control Commission);
Valstybin maisto ir veterinarijos tarnyba (State Food and Veterinary Service);
Vyriausioji administracini gin komisija (Chief Administrative Disputes Commission);
Draudimo prieiros komisija (Insurance Supervisory Commission);
Lietuvos valstybinis mokslo ir studij fondas (Lithuanian State Science and Studies Foundation);
Konstitucinis Teismas (Constitutional Court)
Lietuvos bankas (Bank of Lithuania).

Aplinkos ministerija (Ministry of Environment)
staigos prie Aplinkos ministerijos (Institutions under the Ministry of Environment):
Generalin mik urdija (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);
Valstybin metrologijos tarnyba (State Metrology Service);
Valstybin saugom teritorij tarnyba (State Service for Protected Areas);
Valstybin teritorij planavimo ir statybos inspekcija (State Territory Planning and construction
Inspectorate).

Finans ministerija (Ministry of Finance)
staigos prie Finans ministerijos (Institutions under the Ministry of Finance):
Muitins departamentas (Lithuania Customs);

683
Valstybs dokument technologins apsaugos tarnyba (Service of Technological Security of State
Documents);
Valstybin mokesi inspekcija (State Tax Inspectorate);
Finans ministerijos mokymo centras (Training Centre of the Ministry of Finance).

Krato apsaugos ministerija (Ministry of National Defence)
staigos prie Krato apsaugos ministerijos (Institutions under the Ministry of National Defence):
Antrasis operatyvini tarnyb departamentas (Second Investigation Department);
Centralizuota finans ir turto tarnyba (Centralised Finance and Property Service);
Karo prievols administravimo tarnyba (Military Enrolment Administration Service);
Krato apsaugos archyvas (National Defence Archives Service);
Krizi valdymo centras (Crisis Management Centre);
Mobilizacijos departamentas (Mobilisation Department);
Ryi ir informacini sistem tarnyba (Communication and Information Systems Service);
Infrastruktros pltros departamentas (Infrastructure Development Department);
Valstybinis pilietinio pasiprieinimo rengimo centras (Civil Resistance Centre);
Lietuvos kariuomen (Lithuanian Armed Forces);
Krato apsaugos sistemos kariniai vienetai ir tarnybos (Military Units and Services of the
National Defence System).

Kultros ministerija (Ministry of Culture)
staigos prie Kultros ministerijos (Institutions under the Ministry of Culture):
Kultros paveldo departamentas (Department for the Lithuanian Cultural Heritage);
Valstybin kalbos inspekcija (State Language Commission).

Socialins apsaugos ir darbo ministerija (Ministry of Social Security and Labour)
staigos prie Socialins apsaugos ir darbo ministerijos (Institutions under the Ministry of Social
Security and Labour):
Garantinio fondo administracija (Administration of Guarantee Fund);
Valstybs vaiko teisi apsaugos ir vaikinimo tarnyba (State Child Rights Protection and
Adoption Service);
Lietuvos darbo bira (Lithuanian Labour Exchange);
Lietuvos darbo rinkos mokymo tarnyba (Lithuanian Labour Market Training Authority);
Trials tarybos sekretoriatas (Tripartite Council Secretoriat);
Socialini paslaug prieiros departamentas (Social Services Monitoring Department);
Darbo inspekcija (Labour Inspectorate);
Valstybinio socialinio draudimo fondo valdyba (State Social Insturance Fund Board);
Negalumo ir darbingumo nustatymo tarnyba (Disability and Working Capacity Establishment
Service);
Gin komisija (Disputes Commission);
Technins pagalbos negaliesiems centras (State Centre of Compensatory Technique for the
Disabled);
Negalij reikal departamentas (Department of the Affairs of the Disabled).

Susisiekimo ministerija (Ministry of Transport and Communications)
staigos prie Susisiekimo ministerijos (Institutions under the Ministry of Transport and
Communications):
Lietuvos automobili keli direkcija (Lithuanian Road Administration);
Valstybin geleinkelio inspekcija (State Railway Inspectorate);
Valstybin keli transporto inspekcija (State Road Transport Inspectorate);
Pasienio kontrols punkt direkcija (Border Control Points Directorate).

684

Sveikatos apsaugos ministerija (Ministry of Health)
staigos prie Sveikatos apsaugos ministerijos (Institutions under the Ministry of Health):
Valstybin akreditavimo sveikatos prieiros veiklai tarnyba (State Health Care Accreditation
Agency);
Valstybin ligoni kasa (State Patient Fund);
Valstybin medicininio audito inspekcija (State Medical Audit Inspectorate);
Valstybin vaist kontrols tarnyba (State Medicines Control Agency);
Valstybin teismo psichiatrijos ir narkologijos tarnyba (Lithuanian Forensic Psychiatry and
Narcology Service);
Valstybin visuomens sveikatos prieiros tarnyba (State Public Health Service);
Farmacijos departamentas (Department of Pharmacy);
Sveikatos apsaugos ministerijos Ekstremali sveikatai situacij centras (Health Emergency
Centre of the Ministry of Health);
Lietuvos bioetikos komitetas (Lithuanian Bioethics Committee);
Radiacins saugos centras (Radiation Protection Centre).

vietimo ir mokslo ministerija (Ministry of Education and Science)
staigos prie vietimo ir mokslo ministerijos (Institutions under the Ministry of Education and
Science):
Nacionalinis egzamin centras (National Examination Centre);
Studij kokybs vertinimo centras (Centre for Quality Assessment in Higher Education).

Teisingumo ministerija (Ministry of Justice)
staigos prie Teisingumo ministerijos (Institutions under the Ministry of Justice):
Kaljim departamentas (Department of Imprisonment Establishments);
Nacionalin vartotoj teisi apsaugos taryba (National Consumer Rights Protection Board);
Europos teiss departamentas (European Law Department).

kio ministerija (Ministry of Economy)
staigos prie kio ministerijos (Institutions under the Ministry of Economy):
moni bankroto valdymo departamentas (Enterprise Bankruptcy Management Department);
Valstybin energetikos inspekcija (State Energy Inspectorate);
Valstybin ne maisto produkt inspekcija (State Non Food Products Inspectorate);
Valstybinis turizmo departamentas (Lithuanian State Department of Tourism).

Usienio reikal ministerija (Ministry of Foreign Affairs)
Diplomatins atstovybs ir konsulins staigos usienyje bei atstovybs prie tarptautini
organizacij (Diplomatic Missions and Consular as well as Representations to International
Organisations).

Vidaus reikal ministerija (Ministry of the Interior)
staigos prie Vidaus reikal ministerijos (Institutions under the Ministry of the Interior):
Asmens dokument iraymo centras (Personalisation of Identity Documents Centre);
Finansini nusikaltim tyrimo tarnyba (Financial Crime Investigation Service);
Gyventoj registro tarnyba (Residents' Register Service);
Policijos departamentas (Police Department);
Priegaisrins apsaugos ir gelbjimo departamentas (Fire-Prevention and Rescue Department);
Turto valdymo ir kio departamentas (Property Management and Economics Department);
Vadovybs apsaugos departamentas (VIP Protection Department);
Valstybs sienos apsaugos tarnyba (State Border Guard Department);

685
Valstybs tarnybos departamentas (Civil Service Department);
Informatikos ir ryi departamentas (IT and Communications Department);
Migracijos departamentas (Migration Department);
Sveikatos prieiros tarnyba (Health Care Department);
Bendrasis pagalbos centras (Emergency Response Centre).

ems kio ministerija (Ministry of Agriculture)
staigos prie ems kio ministerijos (Institutions under the Ministry of Agriculture):
Nacionalin mokjimo agentra (National Paying Agency);
Nacionalin ems tarnyba (National Land Service);
Valstybin augal apsaugos tarnyba (State Plant Protection Service);
Valstybin gyvuli veislininkysts prieiros tarnyba (State Animal Breeding Supervision
Service);
Valstybin skl ir grd tarnyba (State Seed and Grain Service);
uvininkysts departamentas (Fisheries Department).
Teismai (Courts):
Lietuvos Aukiausiasis 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);
Apygard teismai (County courts);
Apygard administraciniai teismai (County administrative courts);
Apylinki teismai (District courts);
Nacionalin teism administracija (National Courts Administration)
Generalin prokuratra (The Prosecutor's Office)

Kiti centriniai valstybinio administravimo subjektai (institucijos, staigos, tarnybos) (Other
Central Public Administration Entities (institutions, establishments, agencies):
Muitins kriminalin tarnyba (Customs Criminal Service);
Muitins informacini sistem centras (Customs Information Systems Centre);
Muitins laboratorija (Customs Laboratory);
Muitins mokymo centras (Customs Training Centre);

LUXEMBOURG

1. Ministre d'Etat
2. Ministre des Affaires Etrangres et de l'Immigration
Ministre des Affaires Etrangres et de l'Immigration: Direction de la Dfense (Arme)
3. Ministre de l'Agriculture, de la Viticulture et du Dveloppement Rural
Ministre de l'Agriculture, de la Viticulture et du Dveloppement Rural: Administration
des Services Techniques de l'Agriculture
4. Ministre des Classes moyennes, du Tourisme et du Logement
5. Ministre de la Culture, de l'Enseignement Suprieur et de la Recherche
6. Ministre de l'Economie et du Commerce extrieur
7. Ministre de l'Education nationale et de la Formation professionnelle
Ministre de l'Education nationale et de la Formation professionnelle: Lyce
d'Enseignement Secondaire et d'Enseignement Secondaire Technique
8. Ministre de l'Egalit des chances
9. Ministre de l'Environnement

686
Ministre de l'Environnement: Administration de l'Environnement
10. Ministre de la Famille et de l'Intgration
Ministre de la Famille et de l'Intgration: Maisons de retraite
11. Ministre des Finances
12. Ministre de la Fonction publique et de la Rforme administrative
Ministre de la Fonction publique et de la Rforme administrative: Service Central des
Imprims et des Fournitures de l'Etat Centre des Technologies de l'informatique de
l'Etat
13. Ministre de l'Intrieur et de l'Amnagement du territoire
Ministre de l'Intrieur et de l'Amnagement du territoire: Police Grand-Ducale
Luxembourg Inspection gnrale de Police
14. Ministre de la Justice
Ministre de la Justice: Etablissements Pnitentiaires
15. Ministre de la Sant
Ministre de la Sant: Centre hospitalier neuropsychiatrique
16. Ministre de la Scurit sociale
17. Ministre des Transports
18. Ministre du Travail et de l'Emploi
19. Ministre des Travaux publics
Ministre des Travaux publics: Btiments Publics Ponts et Chausses

HUNGARY

Nemzeti Erforrs Minisztrium (Ministry of National Resources)

Vidkfejlesztsi Minisztrium (Ministry of Rural Development)

Nemzeti Fejlesztsi Minisztrium (Ministry of National Development)

Honvdelmi Minisztrium (Ministry of Defence)
Kzigazgatsi s Igazsggyi Minisztrium (Ministry of Public Administration and Justice)

Nemzetgazdasgi Minisztrium (Ministry for National Economy)

Klgyminisztrium (Ministry of Foreign Affairs)

Miniszterelnki Hivatal (Prime Minister's Office)

Belgyminisztrium, (Ministry of Internal Affairs)

Kzponti Szolgltatsi Figazgatsg (Central Services Directorate)

MALTA

1. Uffiju tal-Prim Ministru (Office of the Prime Minister)

687
2. Ministeru gall-Familja u Solidarjeta' Sojali (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-Riorsi u l-Infrastruttura (Ministry for Resources and Infrastructure)
6. Ministeru tat-Turimu u Kultura (Ministry for Tourism and Culture)
7. Ministeru tal-ustizzja u l-Intern (Ministry for Justice and Home Affairs)
8. Ministeru gall-Affarijiet Rurali u l-Ambjent (Ministry for Rural Affairs and the
Environment)
9. Ministeru gal Gawdex (Ministry for Gozo)
10. Ministeru tas-Saa, 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 gall-Investimenti, Industrija u Teknologija ta' Informazzjoni (Ministry for
Investment, Industry and Information Technology)
13. Ministeru gall-Kompetittiv u Komunikazzjoni (Ministry for Competitiveness and
Communications)
14. Ministeru gall-Ivilupp Urban u Toroq (Ministry for Urban Development and Roads)
15. L-Uffiju tal-President (Office of the President)
16. Uffiju 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)
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)

688
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)
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)
Centraal Planbureau (CPB) (Netherlands Bureau for Economic Policy Analyses)
Bureau voor de Industrile 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 FINANCIN (MINISTRY OF FINANCE)
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)

689
Belastingdienst Opleidingen (Tax and Customs Training Centre)
Dienst der Domeinen (State Property Service)

MINISTERIE VAN JUSTITIE (MINISTRY OF JUSTICE)
Dienst Justitile 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)
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)
Inspectie van het Onderwijs (Inspectorate of Education)
Erfgoedinspectie (Inspectorate of Heritage)
Centrale Financin 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)
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)
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)

690
Shared services Organisatie Verkeer en Watersaat (Shared services Organisation
Transport and Water management) (new organisation)
Koninklijke Nederlandse Meteorologisch Instituut KNMI (Royal Netherlands
Meteorological Institute)
Rijkswaterstaat, Bestuur (Public Works and Water Management, Board)
De afzonderlijke regionale Diensten van Rijkswaterstaat (Each individual regional
service of the Directorate-general of Public Works and Water Management)
De afzonderlijke specialistische diensten van Rijkswaterstaat (Each individual
specialist service of the Directorate-general of Public Works and Water Management)
Adviesdienst Geo-Informatie en ICT (Advisory Council for Geo-information and ICT)
Adviesdienst Verkeer en Vervoer (AVV) (Advisory Council for Traffic and Transport)
Bouwdienst (Service for Construction)
Corporate Dienst (Corporate Service)
Data ICT Dienst (Service for Data and IT)
Dienst Verkeer en Scheepvaart (Service for Traffic and Ship Transport)
Dienst Weg- en Waterbouwkunde (DWW) (Service for Road and Hydraulic
Engineering)
Rijksinstituut voor Kust en Zee (RIKZ) (National Institute for Coastal and Marine
Management)
Rijksinstituut voor Integraal Zoetwaterbeheer en Afvalwaterbehandeling (RIZA)
(National Institute for Sweet Water Management and Water Treatment)
Waterdienst (Service for Water)
Inspectie Verkeer en Waterstaat, Hoofddirectie (Inspectorate Transport and Water
Management, Main Directorate)
Port state Control
Directie Toezichtontwikkeling Communicatie en Onderzoek (TCO) (Directorate of
Development of Supervision of Communication and Research)
Toezichthouder Beheer Eenheid Lucht Management Unit "Air"
Toezichthouder Beheer Eenheid Water Management Unit "Water"
Toezichthouder Beheer Eenheid Land Management Unit "Land"

MINISTERIE VAN VOLKSHUISVESTING, RUIMTELIJKE ORDENING EN
MILIEUBEHEER (MINISTRY FOR HOUSING, SPATIAL PLANNING AND THE
ENVIRONMENT)
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)
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)

691
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 fr europische und internationale Angelegenheiten (Federal
Ministry for european and international Affairs)

3. Bundesministerium fr Finanzen (Federal Ministry of Finance)

4. Bundesministerium fr Gesundheit (Federal Ministry of Health)

5. Bundesministerium fr Inneres (Federal Ministry of Interior)

6. Bundesministerium fr Justiz (Federal Ministry of Justice)

7. Bundesministerium fr Landesverteidigung und Sport (Federal Ministry of Defence and
Sport)

8. Bundesministerium fr Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft
(Federal Ministry for Agriculture and Forestry, the Environment and Water Management)


692
9. Bundesministerium fr Arbeit, Soziales und Konsumentenschutz (Federal Ministry for
Employment, Social Affairs and Consumer Protection)

10. Bundesministerium fr Unterricht, Kunst und Kultur (Federal Ministry for Education, Art
and Culture)

11. Bundesministerium fr Verkehr, Innovation und Technologie (Federal Ministry for
Transport, Innovation and Technology)

12. Bundesministerium fr Wirtschaft , Familie und Jugend (Federal Ministry for Economic
Affairs, Family and Youth)

13. Bundesministerium fr Wissenschaft und Forschung (Federal Ministry for Science and
Research)

14. Bundesamt fr Eich- und Vermessungswesen (Federal Office for Calibration and
Measurement)

15. sterreichische Forschungs- und Prfzentrum Arsenal Gesellschaft m.b.H (Austrian
Research and Test Centre Arsenal Ltd)

16. Bundesanstalt fr 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 Ministrw (Chancellery of the Prime Minister)
5. Sd Najwyszy (Supreme Court)
6. Naczelny Sd Administracyjny (Supreme Administrative Court)
7. Sdy powszechne - rejonowe, okrgowe i apelacyjne (Common Court of Law - District
Court, Regional Court, Appellate Court)
8. Trybunat Konstytucyjny (Constitutional Court)
9. Najwysza 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 Rzdu (Government Protection Bureau)
13. Biuro Bezpieczestwa Narodowego (The National Security Office)
14. Centralne Biuro Antykorupcyjne (Central Anticorruption Bureau)
15. Ministerstwo Pracy i Polityki Spoecznej (Ministry of Labour and Social Policy)
16. Ministerstwo Finansw (Ministry of Finance)

693
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 Pastwa (Ministry of the State Treasury)
24. Ministerstwo Sprawiedliwoci (Ministry of Justice)
25. Ministerstwo Transportu, Budownictwa i Gospodarki Morskiej (Ministry of Transport,
Construction and Maritime Economy)
26. Ministerstwo Nauki i Szkolnictwa Wyszego (Ministry of Science and Higher Education)
27. Ministerstwo rodowiska (Ministry of Environment)
28. Ministerstwo Spraw Wewntrznych (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. Urzd Patentowy Rzeczypospolitej Polskiej (Patent Office of the Republic of Poland)
34. Urzd Regulacji Energetyki (The Energy Regulatory Authority of Poland)
35. Urzd do Spraw Kombatantw i Osb Represjonowanych (Office for Military Veterans
and Victims of Repression)
36. Urzd Transportu Kolejowego (Office for Railroad Transport)
37. Urzd Dozoru Technicznego (Office of Technical Inspection)
38. Urzd Rejestracji Produktw Leczniczych, Wyrobw Medycznych i Produktw
Biobjczych (The Office for Registration of Medicinal Products, Medical Devices
and Biocidal Products)
39. Urzd do Spraw Cudzoziemcw (Office for Foreigners)
40. Urzd Zamwie Publicznych (Public Procurement Office)
41. Urzd Ochrony Konkurencji i Konsumentw (Office for Competition and Consumer
Protection)
42. Urzd Lotnictwa Cywilnego (Civil Aviation Office)
43. Urzd Komunikacji Elektronicznej (Office of Electronic Communication)
44. Wyszy Urzd Grniczy (State Mining Authority)
45. Gwny Urzd Miar (Main Office of Measures)
46. Gwny Urzd Geodezji i Kartografii (The Main Office of Geodesy and Cartography)
47. Gwny Urzd Nadzoru Budowlanego (The General Office of Building Control)
48. Gwny Urzd 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. Pastwowa Komisja Wyborcza (State Election Commission)
52. Pastwowa Inspekcja Pracy (National Labour Inspectorate)
53. Rzdowe 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 Bada 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. Zakad Ubezpiecze Spoecznych (Social Insurance Institution)

694
61. Komisja Nadzoru Finansowego (Polish Financial Supervision Authority)
62. Naczelna Dyrekcja Archiww Pastwowych (Head Office of State Archives)
63. Kasa Rolniczego Ubezpieczenia Spoecznego (Agricultural Social Insurance Fund)
64. Generalna Dyrekcja Drg Krajowych i Autostrad (The General Directorate of National
Roads and Motorways)
65. Gwny Inspektorat Ochrony Rolin i Nasiennictwa (The Main Inspectorate for the
Inspection of Plant and Seeds Protection)
66. Komenda Gwna Pastwowej Stray Poarnej (The National Headquarters of the State
Fire-Service)
67. Komenda Gwna Policji (Polish National Police)
68. Komenda Gwna Stray Granicxnej (The Chief Boarder Guards Command)
69. Gwny Inspektorat Jakoci Handlowej Artykuw Rolno-Spoywczych (The Main
Inspectorate of Commercial Quality of Agri-Food Products)
70. Gwny Inspektorat Ochrony rodowiska (The Main Inspectorate for Environment
Protection)
71. Gwny Inspektorat Transportu Drogowego (Main Inspectorate of Road Transport)
72. Gwny Inspektorat Farmaceutyczny (Main Pharmaceutical Inspectorate)
73. Gwny Inspektorat Sanitarny (Main Sanitary Inspectorate)
74. Gwny Inspektorat Weterynarii (The Main Veterinary Inspectorate)
75. Agencja Bezpieczestwa Wewntrznego (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 Nieruchomoci Rolnych (Agricultural Property Agency)
82. Pastwowa Agencja Atomistyki (National Atomic Energy Agency)
83. Polska Agencja eglugi Powietrznej (Polish Air Navigation Services Agency)
84. Polska Agencja Rozwizywania Problemw Alkoholowych (State Agency for Prevention
of Alcohol Related Problems)
85. Agencja Rezerw Materiaowych (The Material Reserves Agency)
86. Narodowy Bank Polski (National Bank of Poland)
87. Narodowy Fundusz Ochrony rodowiska i Gospodarki Wodnej (The National Fund for
Environmental Protection and Water Management)
88. Pastwowy Fundusz Rehabilitacji Osb Niepenosprawnych (National Disabled Persons
Rehabilitation Fund)
89. Instytut Pamici Narodowej - Komisja cigania Zbrodni Przeciwko Narodowi Polskiemu
(National Remembrance Institute - Commission for Prosecution of Crimes Against
the Polish Nation)
90. Rada Ochrony Pamici Walk i Mczestwa (The Committee of Protection of Memory of
Combat and Martyrdom)
91. Suba Celna Rzeczypospolitej Polskiej (Customs Service of the Republic of Poland)
92. Pastwowe Gospodarstwo Lene "Lasy Pastwowe" (State Forest Enterprise Lasy
Pastwowe")
93. Polska Agencja Rozwoju Przedsibiorczoci (Polish Agency for Enterprise
Development)
94. Samodzielne Publiczne Zakady Opieki Zdrowotnej, jeli ich organem zaoycielskim
jest minister, centralny organ administracji rzdowej lub wojewoda (Public
Autonomous Health Care Management Units established by minister, central
government unit or voivoda).

695

PORTUGAL

1. Presidncia do Conselho de Ministros (Presidency of the Council of Ministers)

2. Ministrio das Finanas (Ministry of Finance)

3. Ministrio da Defesa Nacional (Ministry of Defence)

4. Ministrio dos Negcios Estrangeiros e das Comunidades Portuguesas (Ministry of
Foreign Affairs and Portuguese Communities)

5. Ministrio da Administrao Interna (Ministry of Internal Affairs)

6. Ministrio da Justia (Ministry of Justice)

7. Ministrio da Economia (Ministry of Economy)

8. Ministrio da Agricultura, Desenvolvimento Rural e Pescas (Ministry of Agriculture,
Rural Development and Fishing)

9. Ministrio da Educao (Ministry of Education)

10. Ministrio da Cincia e do Ensino Superior (Ministry of Science and University
Education)

11. Ministrio da Cultura (Ministry of Culture)

12. Ministrio da Sade (Ministry of Health)
13. Ministrio do Trabalho e da Solidariedade Social (Ministry of Labour and Social
Solidarity)

14. Ministrio das Obras Pblicas, Transportes e Habitao (Ministry of Public Works,
Transports and Housing)

15. Ministrio das Cidades, Ordenamento do Territrio e Ambiente (Ministry of Cities, Land
Management and Environment)

16. Ministrio para a Qualificao e o Emprego (Ministry for Qualification and Employment)

17. Presidena da Republica (Presidency of the Republic)

18. Tribunal Constitucional (Constitutional Court)

19. Tribunal de Contas (Court of Auditors)

20. Provedoria de Justia (Ombudsman)


696

ROMANIA

Administraia Prezidenial (Presidential Administration)
Senatul Romniei (Romanian Senate)
Camera Deputailor (Chamber of Deputies)
Inalta Curte de Casaie i Justiie (Supreme Court)
Curtea Constituional (Constitutional Court)
Consiliul Legislativ (Legislative Council)
Curtea de Conturi (Court of Accounts)
Consiliul Superior al Magistraturii (Superior Council of Magistracy)
Parchetul de pe lng Inalta Curte de Casaie i Justiie (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 i Finanelor (Ministry of Economy and Finance)
Ministerul Justiiei (Ministry of Justice)
Ministerul Aprrii (Ministry of Defense)
Ministerul Internelor i Reformei Administrative (Ministry of Interior and Administration Reform)
Ministerul Muncii, Familiei i Egalitii de Sanse (Ministry of Labor and Equal Opportunities)
Ministerul pentru Intreprinderi Mici i Mijlocii, Comer, Turism i Profesii Liberale (Ministry for
Small and Medium Sized Enterprises, Trade, Tourism and Liberal Professions)
Ministerul Agriculturii i Dezvoltrii Rurale (Ministry of Agricultural and Rural Development)
Ministerul Transporturilor (Ministry of Transport)
Ministerul Dezvoltrii, Lucrrilor Publice i Locuinei (Ministry of Development, Public Works
and Housing)
Ministerul Educaiei Cercetrii i Tineretului (Ministry of Education, Research and Youth)
Ministerul Sntii Publice (Ministry of Public Health)
Ministerul Culturii i Cultelor (Ministry of Culture and Religious Affairs)
Ministerul Comunicaiilor i Tehnologiei Informaiei (Ministry of Communications and
Information Technology)
Ministerul Mediului i Dezvoltrii Durabile (Ministry of Environment and Sustainable
Development)
Serviciul Romn de Informaii (Romanian Intelligence Service)
Serviciul Romn de Informaii Externe (Romanian Foreign Intelligence Service)
Serviciul de Protecie i Paz (Protection and Guard Service)
Serviciul de Telecomunicaii Speciale (Special Telecommunication Service)
Consiliul Naional al Audiovizualului (The National Audiovisual Council)
Consiliul Concurenei (CC) (Competition Council)
Direcia Naional Anticorupie (National Anti-corruption Department)
Inspectoratul General de Poliie (General Inspectorate of Police)
Autoritatea Naional pentru Reglementarea i Monitorizarea Achiziiilor Publice (National
Authority for Regulation and Monitoring Public Procurement)
Consiliul Naional de Soluionare a Contestaiilor (National Council for Solving the Contests)
Autoritatea Naional de Reglementare pentru Serviciile Comunitare de Utiliti Publice (ANRSC)
(National Authority for Regulating Community Services Public Utilities)
Autoritatea Naional Sanitar Veterinar i pentru Sigurana Alimentelor (Sanitary Veterinary and
Food Safety National Authority)

697
Autoritatea Naional pentru Protecia Consumatorilor (National Authority for Consumer
Protection)
Autoritatea Naval Romn (Romanian Naval Authority)
Autoritatea Feroviar Romn (Romanian Railway Authority)
Autoritatea Rutier Romn (Romanian Road Authority)
Autoritatea Naional pentru Protecia Drepturilor Copilului-i Adopie (National Authority for the
Protection of Child Rights and Adoption)
Autoritatea Naional pentru Persoanele cu Handicap (National Authority for Disabled Persons)
Autoritatea Naional pentru Tineret (National Authority for Youth)
Autoritatea Naional pentru Cercetare Stiinifica (National Authority for Scientific Research)
Autoritatea Naional pentru Comunicaii (National Authority for Communications)
Autoritatea Naional pentru Serviciile Societii Informaionale (National Authority for
Informational Society Services)
Autoritatea Electoral Permanente (Permanent Electoral Authority)
Agenia pentru Strategii Guvernamentale (Agency for Governmental Strategies)
Agenia Naional a Medicamentului (National Medicines Agency)
Agenia Naional pentru Sport (National Agency for Sports)
Agenia Naional pentru Ocuparea Forei de Munc (National Agency for Employment)
Agenia Naional de Reglementare n Domeniul Energiei (National Authority for Electrical
Energy Regulation)
Agenia Romn pentru Conservarea Energiei (Romanian Agency for Power Conservation)
Agenia Naional pentru Resurse Minerale (National Agency for Mineral Resources)
Agenia Romn pentru Investiii Strine (Romanian Agency for Foreign Investment)
Agenia Naional a Funcionarilor Publici (National Agency of Public Civil Servants)
Agenia Naional de Administrare Fiscal (National Agency of Fiscal Administration)
Agenia de Compensare pentru Achiziii de Tehnic Special (Agency For Offsetting Special
Technique Procurements)
Agenia Naional Anti-doping (National Anti-Doping Agency)
Agenia Nuclear (Nuclear Agency)
Agenia Naional pentru Protecia Familiei (National Agency for Family Protection)
Agenia Naional pentru Egalitatea de Sanse ntre Brbai i Femei (National Authority for
Equality of Chances between Men and Women)
Agenia Naional pentru Protecia Mediului (National Agency for Environmental Protection)
Agenia naional Antidrog (National Anti-drugs Agency)

SLOVENIA

1. Predsednik Republike Slovenije (President of the Republic of Slovenia)
2. Dravni zbor (The National Assembly)
3. Dravni svet (The National Council)
4. Varuh lovekovih pravic (The Ombudsman)
5. Ustavno sodie (The Constitutional Court)
6. Raunsko sodie (The Court of Audits)
7. Dravna revizijska komisja (The National Review Commission)
8. Slovenska akademija znanosti in umetnosti (The Slovenian Academy of Science and Art)
9. Vladne slube (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)

698
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, druino in socialne zadeve (Ministry of Labour, Family and Social
Affairs)
20. Ministrstvo za zdravje (Ministry of Health)
21. Ministrstvo za visoko olstvo, 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 sodie Republike Slovenije (The Supreme Court of the Republic of
Slovenia)
25. Vija sodia (Higher Courts)
26. Okrona sodia (District Courts)
27. Okrajna sodia (County Courts)
28. Vrhovno toilstvo Republike Slovenije (The Supreme Prosecutor of the Republic of
Slovenia)
29. Okrona dravna toilstva (Districts' State Prosecutors)
30. Drubeni pravobranilec Republike Slovenije (Social Attorney of the Republic of
Slovenia)
31. Dravno pravobranilstvo Republike Slovenije (National Attorney of the Republic of
Slovenia)
32. Upravno sodie Republike Slovenije (Administrative Court of the Republic of
Slovenia)
33. Senat za prekrke Republike Slovenije (Senat of Minor Offenses of the Republic of
Slovenia)
34. Vije delovno in socialno sodie v Ljubljani (Higher Labour and Social Court)
35. Delovna in sodia (Labour Courts)
36. Upravne note (Local Administrative Units)

SLOVAKIA

Ministries and other central government authorities referred to as in Act No. 575/2001
Coll. on the structure of activities of the Government and central state administration authorities
in wording of later amendments:

Ministerstvo hospodrstva Slovenskej republiky (Ministry of Economy of the Slovak Republic)
Ministerstvo financi Slovenskej republiky (Ministry of Finance of the Slovak Republic)
Ministerstvo dopravy, vstavby a regionlneho rozvoja Slovenskej republiky (Ministry of
Transport, Construction and Regional Development of the Slovak Republic)
Ministerstvo pdohospodrstva a rozvoja vidieka Slovenskej republiky (Ministry of Agriculture
and Rural Development of the Slovak Republic)
Ministerstvo vntra Slovenskej republiky (Ministry of Interior of the Slovak Republic)
Ministerstvo obrany Slovenskej republiky (Ministry of Defence of the Slovak Republic)

699
Ministerstvo spravodlivosti Slovenskej republiky (Ministry of Justice of the Slovak Republic)
Ministerstvo zahraninch vec Slovenskej republiky (Ministry of Foreign Affairs of the Slovak
Republic)
Ministerstvo prce, socilnych vec a rodiny Slovenskej republiky (Ministry of Labour, Social
Affairs and Family of the Slovak Republic)
Ministerstvo ivotnho prostredia Slovenskej republiky (Ministry of Environment of the Slovak
Republic)
Ministerstvo kolstva, vedy, vskumu a portu Slovenskej republiky (Ministry of Education,
Science, Research and Sport of the Slovak Republic)
Ministerstvo kultry Slovenskej republiky (Ministry of Culture of the Slovak Republic)
Ministerstvo zdravotnctva Slovenskej republiky (Ministry of Health Service of the Slovak
Republic)

rad vldy Slovenskej republiky (The Government Office of the Slovak Republic)
Protimonopoln rad Slovenskej republiky (Antimonopoly Office of the Slovak Republic)
tatistick rad Slovenskej republiky (Statistical Office of the Slovak Republic)
rad geodzie, kartografie a katastra Slovenskej republiky (The Office of Land Surveyor,
Cartography and Cadastre of the Slovak Republic)
rad jadrovho dozoru Slovenskej republiky (Nuclear Regulatory Authority of the Slovak
Republic)*
rad pre normalizciu, metrolgiu a skobnctvo Slovenskej republiky (Slovak Office of
Standards, Metrology and Testing)
rad pre verejn obstarvanie (The Office for Public Procurement)
rad priemyselnho vlastnctva Slovenskej republiky (Industrial Property Office of the Slovak
Republic)
Sprva ttnych hmotnch rezerv Slovenskej republiky (The Administration of State Material
Reserves of the Slovak Republic)
Nrodn bezpenostn rad (National Security Authority)
Kancelria Prezidenta Slovenskej republiky (The Office of the President of the Slovak Republic)
Nrodn rada Slovenskej republiky (National Council of the Slovak Republic)
stavn sd Slovenskej republiky (Constitutional Court of the Slovak Republic)
Najvy sd Slovenskej republiky (Supreme Court of the Slovak Republic)
Generlna prokuratra Slovenskej republiky (Public Prosecution of the Slovak Republic)
Najvy kontroln rad Slovenskej republiky (Supreme Audit Office of the Slovak Republic)
Telekomunikan rad Slovenskej republiky (Telecommunications Office of the Slovak
Republic)
Potov rad (Postal Regulatory Office)
rad na ochranu osobnch dajov (Office for Personal Data Protection)
Kancelria verejnho ochrancu prv (Ombudsman's Office)
rad pre finann trh (Office for the Finance Market)

FINLAND

OIKEUSKANSLERINVIRASTO JUSTITIEKANSLERSMBETET (OFFICE OF THE
CHANCELLOR OF JUSTICE)

LIIKENNE- JA VIESTINTMINISTERI KOMMUNIKATIONSMINISTERIET
(MINISTRY OF TRANSPORT AND COMMUNICATIONS)
Viestintvirasto Kommunikationsverket (Finnish Communications Regulatory Authority)

700
Ajoneuvohallintokeskus AKE Fordonsfrvaltningscentralen AKE (Finnish Vehicle
Administration)
Ilmailuhallinto Luftfartsfrvaltningen (Finnish Civil Aviation Authority)
Ilmatieteen laitos Meteorologiska institutet (Finnish Meterological Institute)
Merenkulkulaitos Sjfartsverket (The Finnish Maritime Administration)
Merentutkimuslaitos Havsforskningsinstitutet (Finnish Institute of Marine Research)
Ratahallintokeskus RHK Banfrvaltningscentralen RHK (Rail Administration)
Rautatievirasto Jrnvgsverket (Finnish Railway Agency)
Tiehallinto Vgfrvaltningen (Road Administration)

MAA- JA METSTALOUSMINISTERI JORD- OCH SKOGSBRUKSMINISTERIET
(MINISTRY OF AGRICULTURE AND FORESTRY)
Elintarviketurvallisuusvirasto Livsmedelsskerhetsverket (Finnish Food Safety Authority)
Maanmittauslaitos Lantmteriverket (National Land Survey of Finland)
Maaseutuvirasto Landsbygdsverket (The Countryside Agency)

OIKEUSMINISTERI JUSTITIEMINISTERIET (MINISTRY OF JUSTICE)
Tietosuojavaltuutetun toimisto Dataombudsmannens byr (Office of the Data Protection
Ombudsman)
Tuomioistuimet domstolar (Courts of Law)
Korkein oikeus Hgsta domstolen (Supreme Court)
Korkein hallinto-oikeus Hgsta frvaltningsdomstolen (Supreme Administrative Court)
Hovioikeudet hovrtter (Courts of Appeal)
Krjoikeudet tingsrtter (District Courts)
Hallinto-oikeudet frvaltningsdomstolar (Administrative Courts)
Markkinaoikeus Marknadsdomstolen (Market Court)
Tytuomioistuin Arbetsdomstolen (Labour Court)
Vakuutusoikeus Frskringsdomstolen (Insurance Court)
Kuluttajariitalautakunta Konsumenttvistenmnden (Consumer Complaint Board)
Vankeinhoitolaitos Fngvrdsvsendet (Prison Service)
HEUNI Yhdistyneiden Kansakuntien yhteydess toimiva Euroopan kriminaalipolitiikan
instituutti HEUNI Europeiska institutet fr kriminalpolitik, verksamt i anslutning till Frenta
Nationerna (the European Institute for Crime Prevention and Control)
Konkurssiasiamiehen toimisto Konkursombudsmannens byr (Office of Bankrupcy
Ombudsman)
Oikeushallinnon palvelukeskus Justitiefrvaltningens servicecentral (Legal Management
Service)
Oikeushallinnon tietotekniikkakeskus Justitiefrvaltningens datateknikcentral (Legal
Administrative Computing Center)
Oikeuspoliittinen tutkimuslaitos (Optula) Rttspolitiska forskningsinstitutet (Legal Policy
Institute)
Oikeusrekisterikeskus Rttsregistercentralen (Legal Register Centre)
Onnettomuustutkintakeskus Centralen fr underskning av olyckor (Accident Investigation
Board)
Rikosseuraamusvirasto Brottspfljdsverket (Criminal sanctions Agency)
Rikosseuraamusalan koulutuskeskus Brottspfljdsomrdets utbildningscentral (Training
Institute for Prison and Probation Services)
Rikoksentorjuntaneuvosto Rdet fr brottsfrebyggande (National Council for Crime Prevention)
Saamelaiskrjt Sametinget (The Saami Parliament)
Valtakunnansyyttjnvirasto Riksklagarmbetet (the Office of the Prosecutor General)


701
OPETUSMINISTERI UNDERVISNINGSMINISTERIET (MINISTRY OF EDUCATION)
Opetushallitus Utbildningsstyrelsen (National Board of Education)
Valtion elokuvatarkastamo Statens filmgranskningsbyr (Finnish Board of Film Classification)

PUOLUSTUSMINISTERI FRSVARSMINISTERIET (MINISTRY OF DEFENCE)
Puolustusvoimat Frsvarsmakten (Finnish Defence Forces)

SISASIAINMINISTERI INRIKESMINISTERIET (MINISTRY OF THE INTERIOR)
Keskusrikospoliisi Centralkriminalpolisen (Central Criminal Police)
Liikkuva poliisi Rrliga polisen (National Traffic Police)
Rajavartiolaitos Grnsbevakningsvsendet (Frontier Guard)
Suojelupoliisi Skyddspolisen (Police protection)
Poliisiammattikorkeakoulu Polisyrkeshgskolan (Police College)
Poliisin tekniikkakeskus Polisens teknikcentral (Police Technical Centre)
Pelastusopisto Rddningsverket (Emergency Services)
Htkeskuslaitos Ndcentralsverket (Emergency Response Centre)
Maahanmuuttovirasto Migrationsverket (Immigration Authority)
Sisasiainhallinnon palvelukeskus Inrikesfrvaltningens servicecentral (Interior Management
Service)
Helsingin kihlakunnan poliisilaitos Polisinrttningen i Helsingfors (Helsinki Police
Department)
Valtion turvapaikanhakijoiden vastaanottokeskukset Statliga frlggningar fr asylskande
(Reception centres for Asylum Seekers)

SOSIAALI- JA TERVEYSMINISTERI SOCIAL- OCH HLSOVRDSMINISTERIET
(MINISTRY OF SOCIAL AFFAIRS AND HEALTH)
Tyttmyysturvalautakunta Besvrsnmnden fr utkomstskyddsrenden (Unemployment
Appeal Board)
Sosiaaliturvan muutoksenhakulautakunta Besvrsnmnden fr socialtrygghet (Appeal Tribunal)
Lkelaitos Lkemedelsverket (National Agency for Medicines)
Terveydenhuollon oikeusturvakeskus Rttsskyddscentralen fr hlsovrden (National Authority
for Medicolegal Affairs)
Steilyturvakeskus Strlskerhetscentralen (Finnish Centre for Radiation and Nuclear Safety)
Kansanterveyslaitos Folkhlsoinstitutet (National Public Health Institute)
Lkehoidon kehittmiskeskus ROHTO Utvecklingscentralen fr lkemedelsbe-handling
(Centre for Pharmacotherapy Development ROHTO)
Sosiaali- ja terveydenhuollon tuotevalvontakeskus Social- och hlsovrdens produkttill-
synscentral (the National Product Control Agency's SSTV)
Sosiaali- ja terveysalan tutkimus- ja kehittmiskeskus Stakes Forsknings- och
utvecklingscentralen fr social- och hlsovrden Stakes (Health and Social Care Research and
Development Center STAKES)

TY- JA ELINKEINOMINISTERI ARBETS- OCH NRINGSMINISTERIET
(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 Riksfrlikningsmnnens byr (National Conciliators' Office)
Tyneuvosto Arbetsrdet (Labour Council)
Energiamarkkinavirasto Energimarknadsverket (Energy Market Authority)

702
Geologian tutkimuskeskus Geologiska forskningscentralen (Geological Survey of Finland)
Huoltovarmuuskeskus Frsrjningsberedskapscentralen (The National Emergency Supply
Agency)
Kuluttajatutkimuskeskus Konsumentforskningscentralen (National Consumer Research Center)
Matkailun edistmiskeskus (MEK) Centralen fr turistfrmjande (Finnish Tourist Board)
Mittatekniikan keskus (MIKES) Mtteknikcentralen (Centre for Metrology and Accrediattion)
Tekes - teknologian ja innovaatioiden kehittmiskeskus Tekes - utvecklingscentralen fr
teknologi och innovationer (Finnish Funding Agency for Technology and Innovation)
Turvatekniikan keskus (TUKES) Skerhetsteknikcentralen (Safety Technology Authority)
Valtion teknillinen tutkimuskeskus (VTT) Statens tekniska forskningscentral (VTT Technical
Research Centre of Finland)
Syrjintlautakunta Nationella diskrimineringsnmnden (Discrimination Tribunal)
Vhemmistvaltuutetun toimisto Minoritetsombudsmannens byr (Office of the Ombudsman
for Minorities)

ULKOASIAINMINISTERI UTRIKESMINISTERIET (MINISTRY FOR FOREIGN
AFFAIRS)

VALTIONEUVOSTON KANSLIA STATSRDETS KANSLI (PRIME MINISTER'S
OFFICE)

VALTIOVARAINMINISTERI FINANSMINISTERIET (MINISTRY OF FINANCE)
Valtiokonttori Statskontoret (State Treasury)
Verohallinto Skattefrvaltningen (Tax Administration)
Tullilaitos Tullverket (Customs)
Tilastokeskus Statistikcentralen (Statistics Finland)
Valtiontaloudellinen tutkimuskeskus Statens ekonomiska forskiningscentral (Government
Institute for Economic Research)
Vestrekisterikeskus Befolkningsregistercentralen (Population Register Centre)

YMPRISTMINISTERI MILJMINISTERIET (MINISTRY OF ENVIRONMENT)
Suomen ympristkeskus - Finlands miljcentral (Finnish Environment Institute)
Asumisen rahoitus- ja kehityskeskus Finansierings- och utvecklingscentralen fr boendet (The
Housing Finance and Development Centre of Finland)

VALTIONTALOUDEN TARKASTUSVIRASTO STATENS REVISIONSVERK
(NATIONAL AUDIT OFFICE)

703
SWEDEN

Royal Academy of Fine Arts Akademien fr de fria konsterna
National Board for Consumer Complaints Allmnna reklamationsnmnden
Labour Court Arbetsdomstolen
Swedish Employment Services Arbetsfrmedlingen
National Agency for Government Employers Arbetsgivarverk, statens
National Institute for Working Life Arbetslivsinstitutet
Swedish Work Environment Authority Arbetsmiljverket
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 fr utvrdering av medicinsk metodik,
statens
Royal Library Kungliga Biblioteket
National Board of Film Censors Biografbyr, statens
Dictionary of Swedish Biography Biografiskt lexikon, svenskt
Swedish Accounting Standards Board Bokfringsnmnden
Swedish Companies Registration Office Bolagsverket
National Housing Credit Guarantee Board Bostadskreditnmnd, statens (BKN)
National Housing Board Boverket
National Council for Crime Prevention Brottsfrebyggande rdet
Criminal Victim Compensation and Support
Authority
Brottsoffermyndigheten
National Board of Student Aid Centrala studiestdsnmnden
Data Inspection Board Datainspektionen
Ministries (Government Departments) Departementen
National Courts Administration Domstolsverket
National Electrical Safety Board Elskerhetsverket
Swedish Energy Markets Inspectorate Energimarknadsinspektionen
Export Credits Guarantee Board Exportkreditnmnden
Swedish Fiscal Policy Council Finanspolitiska rdet
Financial Supervisory Authority Finansinspektionen
National Board of Fisheries Fiskeriverket
National Institute of Public Health Folkhlsoinstitut, statens
Swedish Research Council for Environment Forskningsrdet fr milj, areella nringar och
samhllsbyggande, Formas
National Fortifications Administration Fortifikationsverket
National Mediation Office Medlingsinstitutet
Defence Material Administration Frsvarets materielverk
National Defence Radio Institute Frsvarets radioanstalt

704
Swedish Museums of Military History Frsvarshistoriska museer, statens
National Defence College Frsvarshgskolan
The Swedish Armed Forces Frsvarsmakten
Social Insurance Office Frskringskassan
Geological Survey of Sweden Geologiska underskning, Sveriges
Geotechnical Institute Geotekniska institut, statens
The National Rural Development Agency Glesbygdsverket
Graphic Institute and the Graduate School of
Communications
Grafiska institutet och institutet fr hgre
kommunikations- och reklamutbildning
The Swedish Broadcasting Commission Granskningsnmnden fr Radio och TV
Swedish Government Seamen's Service Handelsflottans kultur- och fritidsrd
Ombudsman for the Disabled Handikappombudsmannen
Board of Accident Investigation Haverikommission, statens
Courts of Appeal (6) Hovrtterna (6)
Regional Rent and Tenancies Tribunals (12) Hyres- och arendenmnder (12)
Committee on Medical Responsibility Hlso- och sjukvrdens ansvarsnmnd
National Agency for Higher Education Hgskoleverket
Supreme Court Hgsta domstolen
National Institute for Psycho-Social Factors
and Health
Institut fr psykosocial miljmedicin, statens
National Institute for Regional Studies Institut fr tillvxtpolitiska studier
Swedish Institute of Space Physics Institutet fr rymdfysik
International Programme Office for Education
and Training
Internationella programkontoret fr
utbildningsomrdet
Swedish Migration Board Migrationsverket
Swedish Board of Agriculture Jordbruksverk, statens
Office of the Chancellor of Justice Justitiekanslern
Office of the Equal Opportunities
Ombudsman
Jmstlldhetsombudsmannen
National Judicial Board of Public Lands and
Funds
Kammarkollegiet
Administrative Courts of Appeal (4) Kammarrtterna (4)
National Chemicals Inspectorate Kemikalieinspektionen
National Board of Trade Kommerskollegium
Swedish Agency for Innovation Systems Verket fr innovationssystem (VINNOVA)
National Institute of Economic Research Konjunkturinstitutet
Swedish Competition Authority Konkurrensverket
College of Arts, Crafts and Design Konstfack
College of Fine Arts Konsthgskolan
National Museum of Fine Arts Nationalmuseum
Arts Grants Committee Konstnrsnmnden
National Art Council Konstrd, statens
National Board for Consumer Policies Konsumentverket

705
National Laboratory of Forensic Science Kriminaltekniska laboratorium, statens
Prison and Probation Service Kriminalvrden
National Paroles Board Kriminalvrdsnmnden
Swedish Enforcement Authority Kronofogdemyndigheten
National Council for Cultural Affairs Kulturrd, statens
Swedish Coast Guard Kustbevakningen
National Land Survey Lantmteriverket
Royal Armoury Livrustkammaren/Skoklosters slott/ Hallwylska
museet
National Food Administration Livsmedelsverk, statens
The National Gaming Board Lotteriinspektionen
Medical Products Agency Lkemedelsverket
County Administrative Courts (24) Lnsrtterna (24)
County Administrative Boards (24) Lnsstyrelserna (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 fr handikappolitisk samordning
Swedish Agency for Networks and
Cooperation in Higher Education
Myndigheten fr ntverk och samarbete inom hgre
utbildning
Commission for state grants to religious
communities
Nmnden fr statligt std till trossamfun
Museum of Natural History Naturhistoriska riksmuseet
National Environmental Protection Agency Naturvrdsverket
Scandinavian Institute of African Studies Nordiska Afrikainstitutet
Nordic School of Public Health Nordiska hgskolan fr folkhlsovetenskap
Recorders Committee Notarienmnden
Swedish National Board for Intra Country
Adoptions
Myndigheten fr internationella adoptionsfrgor
Swedish Agency for Economic and Regional
Growth
Verket fr nringslivsutveckling (NUTEK)
Office of the Ethnic Discrimination
Ombudsman
Ombudsmannen mot etnisk diskriminering
Court of Patent Appeals Patentbesvrsrtten
Patents and Registration Office Patent- och registreringsverket
Swedish Population Address Register Board Personadressregisternmnd statens, SPAR-nmnden
Swedish Polar Research Secretariat Polarforskningssekretariatet
Press Subsidies Council Presstdsnmnden

706
The Council of the European Social Fund in
Sweden
Rdet fr Europeiska socialfonden i Sverige
The Swedish Radio and TV Authority Radio- och TV-verket
Government Offices Regeringskansliet
Supreme Administrative Court Regeringsrtten
Central Board of National Antiquities Riksantikvariembetet
National Archives Riksarkivet
Bank of Sweden Riksbanken
Parliamentary Administrative Office Riksdagsfrvaltningen
The Parliamentary Ombudsmen Riksdagens ombudsmn, JO
The Parliamentary Auditors Riksdagens revisorer
National Debt Office Riksgldskontoret
National Police Board Rikspolisstyrelsen
National Audit Bureau Riksrevisionen
Travelling Exhibitions Service Riksutstllningar, Stiftelsen
National Space Board Rymdstyrelsen
Swedish Council for Working Life and Social
Research
Forskningsrdet fr arbetsliv och socialvetenskap
National Rescue Services Board Rddningsverk, statens
Regional Legal-aid Authority Rttshjlpsmyndigheten
National Board of Forensic Medicine Rttsmedicinalverket
Sami (Lapp) School Board Sameskolstyrelsen och sameskolor
Sami (Lapp) Schools
National Maritime Administration Sjfartsverket
National Maritime Museums Maritima museer, statens
Swedish Commission on Security and
Integrity Protection
Skerhets- och intregritetsskyddsnmnden
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
Sprngmnesinspektionen
Statistics Sweden Statistiska centralbyrn
Agency for Administrative Development Statskontoret
Swedish Radiation Safety Authority Strlskerhetsmyndigheten
Swedish International Development
Cooperation Authority
Styrelsen fr internationellt utvecklings- samarbete,
SIDA
National Board of Psychological Defence and
Styrelsen fr psykologiskt frsvar
Swedish Board for Accreditation Styrelsen fr ackreditering och teknisk kontroll
Swedish Institute Svenska Institutet, stiftelsen

707
Library of Talking Books and Braille
Publications
Talboks- och punktskriftsbiblioteket
District and City Courts (97) Tingsrtterna (97)
Judges Nomination Proposal Committee Tjnstefrslagsnmnden fr domstolsvsendet
Armed Forces' Enrolment Board Totalfrsvarets pliktverk
Swedish Defence Research Agency Totalfrsvarets forskningsinstitut
Swedish Board of Customs Tullverket
Swedish Tourist Authority Turistdelegationen
The National Board of Youth Affairs Ungdomsstyrelsen
Universities and University Colleges Universitet och hgskolor
Aliens Appeals Board Utlnningsnmnden
National Seed Testing and Certification
Institute
Utsdeskontroll, statens
Swedish National Road Administration Vgverket
National Water Supply and Sewage Tribunal Vatten- och avloppsnmnd, statens
National Agency for Higher Education Verket fr hgskoleservice (VHS)
Swedish Agency for Economic and Regional
Development
Verket fr nringslivsutveckling (NUTEK)
Swedish Research Council Vetenskapsrdet'
National Veterinary Institute Veterinrmedicinska anstalt, statens
Swedish National Road and Transport
Research Institute
Vg- och transportforskningsinstitut, statens
National Plant Variety Board Vxtsortnmnd, statens
Swedish Prosecution Authority klagarmyndigheten
Swedish Emergency Management Agency Krisberedskapsmyndigheten
Board of Appeals of the Manna Mission verklagandenmnden fr nmndemannauppdrag

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

708
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

709
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

710
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

711
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

712
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

713
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 Annex 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 Agreement shall not be
considered as covered procurement.

2. "Contracting authorities of EU Member States" covers also any subordinated entity of
any contracting authority of an EU 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 4 are covered.


714
ANNEX 2

Sub central government entities which procure in accordance
with the provisions of the Chapter

1. ALL REGIONAL OR LOCAL CONTRACTING AUTHORITIES
All contracting authorities of the administrative units as defined by Regulation 1059/2003
NUTS Regulation.
77

For the purposes of the Agreement, 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.

For the purposes of the Agreement, 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.

Supplies

Services

Works

2. ALL CONTRACTING AUTHORITIES WHICH ARE BODIES GOVERNED BY
PUBLIC LAW AS DEFINED BY EU PROCUREMENT DIRECTIVE

Supplies
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
77
Regulation (EC) No 1059/2003 of the European Parliament and of the Council
of 26 May 2003 on the establishment of a common classification of territorial units for
statistics (NUTS) OJ L154 21.06.2003 as last amended by Regulation (EC) N
1137/2008.

715
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

Works

A "body governed by public law" means any body:

- established for the specific purpose of meeting needs in the general interest, not
having an industrial or commercial character, and

- having legal personality, and

- financed, for the most part, by the State, or regional or local authorities, or other
bodies governed by public law, or subject to management supervision by those
bodies, or having an administrative, managerial or supervisory board; more than
half of whose members are appointed by the State, regional or local authorities or
by other bodies governed by public law.

Notes to Annex 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 Agreement shall
not be considered as covered procurement.
2. The EU stands ready to cover easily identifiable categories of bodies governed by public
law in annex 2 (active in areas such as: social services, libraries, ) under a lower
threshold (200K SDR) if Canada demonstrates that the same threshold applies to the
same types of entities in Canada.


716
ANNEX 3

Utilities which procure in accordance with the provisions of this Chapter

Supplies

Services

Works

All contracting entities whose procurement is covered by the EU utilities directive which
are contracting authorities (e.g. those covered under Annex 1 and Annex 2) or public
undertakings
78
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;
79

(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
80
providing a service to the public in the
field of transport by urban railway, automated systems, tramway, trolley bus, bus
or cable
81
;
78
According to the EU utilities directive, a public undertaking is any undertaking over
which the contracting authorities may exercise directly or indirectly a dominant
influence by virtue of their ownership of it, their financial participation therein, or
the rules which govern it.
A dominant influence on the part of the contracting authorities shall be presumed when
these authorities, directly or indirectly, in relation to an undertaking:
- hold the majority of the undertaking's subscribed capital, or
- control the majority of the votes attaching to shares issued by the undertaking, or
- can appoint more than half of the undertaking's administrative,
management or supervisory body.
79
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.
80
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

717

(d) the provision or operation of networks providing a service to the public in the
field of transport by railways.

EU Member State, such as conditions on the routes to be served, the capacity to

be made available or the frequency of the service.
81
For the procurement of mass transit vehicles, Canadian bidders must be treated no less
favourably than EU 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.

718
Notes to Annex 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 Agreement shall not apply to contracts awarded by procuring entities covered under
this Annex:

- for the purchase of water and for the supply of energy or of fuels for the
production of energy;

- for purposes other than the pursuit of their activities as listed in this Annex or for
the pursuit of such activities in a non-EEA country;

- for purposes of re-sale or hire to third parties, provided that the procuring entity
enjoys no special or exclusive right to sell or hire the subject of such contracts
and other entities are free to sell or hire it under the same conditions as the
procuring entity.

3. The supply of drinking water or electricity to networks which provide a service to the
public by a procuring entity other than a contracting authority shall not be considered as an
activity within the meaning of paragraphs (a) or (b) of this Annex where:

- the production of drinking water or electricity by the entity concerned takes place
because its consumption is necessary for carrying out an activity other than that
referred to in paragraphs (a) to (d) of this Annex; and

- supply to the public network depends only on the entity's own consumption and
has not exceeded 30 per cent of the entity's total production of drinking water or
energy, having regard to the average for the preceding three years, including the
current year.
4. 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 paragraph (b) where:

- 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 paragraphs
(a) to (d ) of this Annex; and

- supply to the public network is aimed only at the economic exploitation of such
production and amounts to not more than 20 % of the entity's turnover having
regard to the average for the preceding three years, including the current year.

5. I. Provided that the conditions in paragraph II are met, this Agreement shall not
apply to contracts awarded:


719
(i) by a procuring entity to an affiliated undertaking
82
, or

(ii) by a joint venture, formed exclusively by a number of procuring entities
for the purpose of carrying out activities within the meaning of paragraphs
(a) to (d) of this Annex, to an undertaking which is affiliated with one of these
procuring entities.

II. Paragraph I 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.
83

6. This Agreement shall not apply to contracts awarded:

(i) by a joint venture, formed exclusively by a number of procuring entities for the
purposes of carrying out activities within the meaning of paragraphs (a) to (d) of
this Annex, to one of these procuring entities, or

(ii) 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 Agreement 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.

82
"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.
83
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.

720
ANNEX 4

Goods

1. This Agreement will apply to the procurement of all goods procured by the entities listed
in Annex 1 through 3, unless otherwise specified in this Agreement.

2. This Agreement 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, 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 28.14: tear gas
ex 28.50: toxic products

Chapter 29: Organic chemicals

except:

721

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:

Chapter 39: Artificial resins and plastic materials, cellulose esters and ethers, articles
thereof

except:

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

722

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

723
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

724
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


725
ANNEX 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 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

726
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 Annex 5

1. * Except arbitration and conciliation services.
2. For procuring entities covered under Annex 2, the thresholds will be 355,000 SDR 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.
3. 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.
4. The EU stands ready, should the ongoing revision of EU 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.


727
ANNEX 6

Construction services and works concessions

A/ Construction services

Definition:

A construction services contract is a contract which has as its objective the realization by
whatever means of civil or building works, in the sense of Division 51 of the Central Product
Classification.

List of Division 51, CPC:

All services listed in Division 51.

B/ Works concessions

Works concessions contracts, when awarded by Annex 1 and 2 entities, are subject only to
Articles I, II, IV, V, VI (except sub-paragraphs 3 (e) and (l)), XV (except paragraphs 3 and 4) and
XVII of the Chapter.


728

ANNEX 7

General Notes

1. The Chapter shall not apply to:

a. i. procurement of agricultural products made in furtherance of
agricultural support programmes and human feeding programmes (e.g.
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 1 and 2 in
connection with activities in the fields of drinking water, energy, transport and the postal
sector, unless covered under Annex 3.

c. procurement related to shipbuilding and maintainance by
i. procuring entities covered under annex 3,
ii. bodies governed by public law covered under annex 2, and
iii. local contracting authorities covered in annex 2, section 1(identified
therein as administrative units NUTS 3 and smaller);

d. any procurement by procuring entities covered under annexes 2 or 3 that is
financed in part or as a whole by the European Cohesion Fund;

e. 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 land Islands, the special conditions of Protocol No 2 on the land
Islands to the Treaty of accession of Finland to the European Union shall apply.

3. The EU will provide to Canadian suppliers access to pre-contractual remedies under
Article XVII 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 XVII.8


729
ANNEX 8

Publication Media

a) Electronic or paper media utilized 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 V

()

b) Electronic or paper media utilized for the publication of notices required by Articles VI,
VIII:7 and XV:2 pursuant to Article V

()

c) Website address or addresses where Parties publish procurement statistics pursuant to
Article XV:5 and notices concerning awarded contracts pursuant to Article XV:6

()
__________

730
Annex I

Reservations for Existing Measures and Liberalisation Commitments

1. The Schedule of a Party sets out, under Articles X.14 (Investment - Reservations and
Exceptions), X-06 (Cross-Border Trade in Services Reservations), X-03 (International
Maritime Transport Services Non-Conforming Measures), and, for the EU, X.9
(Financial Services Non-Conforming Measures), the reservations taken by that Party
with respect to existing measures of a Party that do not conform with obligations imposed
by:

Articles X.6 (Investment - National Treatment), X-03 (Cross-Border Trade in Services -
National Treatment) or, for the EU, X.03 (Financial Services National Treatment);

Articles X.7 (Investment - Most-Favoured-Nation Treatment), X-04 (Cross-Border Trade
in Services - Most-Favoured-Nation Treatment) or, for the EU, X.04 (Financial Services
Most-Favoured-Nation Treatment);

Article X.4 (Investment - Market Access),X-05 (Cross-Border Trade in Services - Market
Access) or, for the EU, X.06 (Financial Services Market Access);.

Article X.5 (Investment - Performance Requirements);

Article X.8 (Investment - Senior Management and Boards of Directors) or, for the EU,
X.08 (Financial Services Senior Management and Board of Directors);

For the EU, Article X.07 (Financial Services Cross-Border Supply of Financial
Services); or

Article X.02 (International Maritime Transport Services Obligations)


731
and, in certain cases, sets out commitments for immediate or future liberalisation.

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

2. 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 CPC codes, ISIC codes, SIC codes, or as expressly
otherwise described in a Partys 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, 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 any subordinate measure adopted or maintained under the
authority of and consistent with the measure; and

(iii) includes:
a) for EU Directives, any laws, regulations or other measures which
implement the Directive at Member State level;
b) for Canada, any laws, regulations or other measures at the national
or sub-national level that implement agreements between the
federal government and provinces and territories.
(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 liberalization.


732
(h) Phase-Out sets out commitments, if any, for liberalisation after the date of
entry into force of this Agreement.

3. In the interpretation of a reservation, all elements of the reservation [are][shall be]
considered. A reservation [is][shall be] interpreted in the light of the relevant provisions
of the Chapters against which the reservation is taken. To the extent that:

(a) the Phase-Out element provides for the phasing out of non-conforming aspects
of measures, the Phase-Out element shall prevail over all other elements;

(b) 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

(c) the Measures element is not so qualified, the Measure element prevails over
other elements, unless a discrepancy between the Measure element and the other
elements considered in their totality is so substantial and material that it would be
unreasonable to conclude that the Measure element prevails, in which case the
other elements prevail to the extent of that discrepancy. A reservation is
interpreted in the light of the relevant provisions of the Articles against which the
reservation is taken.

4. Where a Party maintains a measure that requires that a service provider be a natural
person, citizen, permanent resident or resident of its territory as a condition to the
provision of a service in its territory, a reservation for that measure taken with respect to
cross-border services shall operate as a reservation with respect to investment, to the
extent of that measure.

5. For purposes of this Annex:

CPC means Central Product Classification (CPC) numbers as set out in Statistical Office
of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product
Classification, 1991;

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 4, ISIC REV 3.1, 2002;


733
SIC means Standard Industrial Classification (SIC) numbers as set out in Statistics
Canada, Standard Industrial Classification, fourth edition, 1980.
6. The following abbreviations are used in the Schedule:

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

734
PT Portugal
RO Romania
SK Slovakia
SI Slovenia
SE Sweden
UK United Kingdom

CETA INVESTMENT AND SERVICES HEADNOTE
31 July 2014
735

Annex II

Reservations for Future Measures

1. The Schedule of a Party sets out, under Articles XX (Investment - Reservations and
Exceptions), X-06 (Cross-Border Trade in Services - Reservations), X-03 (International
Maritime Transport Services Non-Conforming Measures), and, for the EU, X.9
(Financial Services Non-Conforming Measures), 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) Article X.6 (Investment - National Treatment) X-02 (Cross-Border Trade in
Services - National Treatment) or, for the EU, X.03 (Financial Services
National Treatment);

(b) Article X.7 (Investment - Most-Favoured-Nation Treatment) X-04 (Cross-
Border Trade in Services - Most-Favoured-Nation Treatment) or, for the EU,
X.04 (Financial Services Most-Favoured-Nation Treatment);

(c) Article X.4 (Investment -Market Access) X-05 (Cross-Border Trade in
Services - Market Access) or, for the EU, X.06 (Financial Services Market
Access);

(d) Article X.5 (Investment - Performance Requirements);

(e) Article X.8 (Investment - Senior Management and Boards of Directors) or, for
the EU, X.08 (Financial Services Senior Management and Board of Directors);

(f) For the EU, Article X.07 (Financial Services Cross-Border Supply of
Financial Services); or

(g) Article X.02 (International Maritime Transport Services Obligations).

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

31 July 2014
736



reservation according to CPC codes, ISIC codes, SIC codes, or as expressly
otherwise described in a Partys reservation;

(d) Type of Reservation specifies the obligation referred to in paragraph 1 for

(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.

3. In interpreting a reservation, all elements of the reservation [are] [shall be] considered.
The Description element [prevails] [shall prevail] over all other elements.

4. A reservation taken at the level of the European Union applies to a measure of any
EU Member State at the national level as well as a measure of a government within a EU
Member State, unless the reservation excludes a EU Member State. A reservation taken
at the national level by Canada or by an EU Member State applies to a measure of a
government at regional, provincial, territorial or local level within that country.

5. Where a Party maintains a measure that requires that a service provider be a natural
person, citizen, permanent resident or resident of its territory, as a condition to the
provision of a service in its territory, a reservation for that measure taken with respect to
cross-border services shall be applied as a reservation with respect to investment, to the
extent of that measure.

CPC means Central Product Classification (CPC) numbers as set out in Statistical Office
of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product
Classification, 1991;

31 July 2014
737
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 4, ISIC REV 3.1, 2002;

SIC means Standard Industrial Classification (SIC) numbers as set out in Statistics
Canada, Standard Industrial Classification, fourth edition, 1980.


AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czech Republic
DE Germany
DK Denmark
ES Spain
EE Estonia
FI Finland
FR France
EL Greece
HR Croatia
HU Hungary
IE Ireland
IT Italy
LV Latvia
LT Lithuania
31 July 2014
738
LU Luxembourg
MT Malta
NL Netherlands
PL Poland
PT Portugal
RO Romania
SK Slovakia
SI Slovenia
SE Sweden
UK United Kingdom

CETA Services and Investment Reservations
Canada Federal Annex I
11 August 2014

739

Annex 1

Schedule of Canada

Sector: All Sectors

Sub-Sector:

Industry Classification:

Type of Reservation: National Treatment (Article )
Market Access (Article )
Performance Requirements (Article )
Senior Management and Boards of Directors (Article )

Level of Government: Federal

Measures: Investment Canada Act, R.S.C. 1985, c. 28 (1st Supp.)
Investment Canada Regulations, SOR/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 EU if the value
of the Canadian business is not less than C$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 of a Party
in Article [X.3 Definitions], only investors who are
nationals of the EU or entities controlled by nationals of
the EU as provided for in the Investment Canada Act
may benefit from the higher review.

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 C$354
million in 2014, adjusted in accordance with the
11 August 2014

740
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 6 factors described in the Act,
summarized 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 or industries 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 any province likely to be significantly
affected by the investment; and

(f) the contribution of the investment to
Canadas 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
11 August 2014

741
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
authorized under the Investment Canada Act.

6. A non-Canadian who establishes or acquires a
Canadian business, other than those that are subject to
review 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 Canadas cultural heritage or national
identity, which are normally notifiable, may be subject
to review if the Governor-in-Council authorizes a
review in the public interest.

9. An indirect acquisition of control of a Canadian
business by an investor of the EU other than a cultural
business is not reviewable.

10. Notwithstanding Article [X.5 Performance
Requirements], Canada may impose requirements or
enforce a commitment or undertaking in connection
with the establishment, acquisition, expansion, conduct
or operation of an investment of an investor of the EU
or of a non-Party 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 (X.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
11 August 2014

742
Canadian citizen or permanent resident, a government
in Canada or agency thereof, or a Canadian-controlled
entity as described in the Investment Canada Act.

Sector: All Sectors

Sub-Sector:



Level of Government: Federal Provincial Territorial All

Measures: As set out in the Description element.


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 non-Party 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
11 August 2014

743
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.

Sector: All Sectors

Sub-Sector:


Market Access

Measures: Canada Business Corporations Act, R.S.C. 1985, c. C-44
Canada Business Corporations Regulations, SOR/2001-
512
Canada Cooperatives Act, S.C. 1998, c. 1
Canada Cooperatives Regulations, SOR/99-256



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, 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.

11 August 2014

744
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 or in the Canada
Cooperatives Regulations.

11 August 2014

745

Sector: All Sectors

Sub-Sector:


Type of Reservation: Senior Management and Boards of Directors (Article )
National Treatment (Article )

Measures: Canada Business Corporations Act, R.S.C. 1985, c. C-44
Canada Business Corporations Regulations, SOR/2001-
512
Canada Cooperatives Act, S.C. 1998, c. 1
Canada Cooperatives Regulations, SOR/99-256
Canada Corporations Act, R.S.C. 1970, c. C-32
Special Acts of Parliament incorporating specific
companies


1. The Canada Business Corporations Act requires, for
most federally incorporated corporations, that 25
percent 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
11 August 2014

746
the Canada Business Corporations Regulations, a
simple majority of resident Canadian directors is
required for corporations in the following sectors:
uranium mining; book publishing or distribution; book
sales, where the sale of books is the primary part of the
corporations 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, 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.

3. In the case of a holding corporation, not more than one-
third of the directors need be resident Canadians if the
earnings in Canada of the holding corporation and its
subsidiaries are less than 5 percent 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 percent 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
11 August 2014

747
who has been ordinarily resident in Canada for more
than one year after becoming eligible to apply for
Canadian citizenship.

Sector: All Sectors

Sub-Sector:



Level of Government: Federal Provincial

Measures: Citizenship Act, R.S.C. 1985, c. C-29
Foreign Ownership of Land Regulations, SOR/79-416


1. The Foreign Ownership of Land Regulations are made
pursuant to the Citizenship Act and the Agricultural and
Recreational Land Ownership Act, RSA 1980, c. A-9.
11 August 2014

748
In Alberta, an ineligible person or foreign-owned or -
controlled corporation may only hold an interest in
controlled land consisting of a maximum of 2 parcels
containing, in the aggregate, a maximum of 20 acres.


ineligible person means:

(a) a natural person who is not a Canadian
citizen or permanent resident;

(b) a foreign government or agency thereof; or

(c) a corporation incorporated in a country other
than Canada;

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.

Sector: All Sectors

Sub-Sector:


Market Access


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
11 August 2014

749
Nordion and Theratronics Divestiture Authorization Act,
S.C. 1990, c. 4


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. Where 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% in the aggregate;
Cameco Limited (formerly Eldorado Nuclear
Limited): 15% per non-resident natural person,
25% in the aggregate;
Nordion International Inc.: 25% in the
aggregate;
Theratronics International Limited: 49% in the
aggregate; and
Canadian Arsenals Limited: 25% 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 thereof, 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 an entity referred to in subparagraphs (a) through
(c);

(e) a trust:

11 August 2014

750
(i) established by 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 an entity referred to in
subparagraphs (a) through (d) has more than
50% of the beneficial interest; and

(f) a corporation that is controlled directly or indirectly
by a trust referred to in subparagraph (e).

Sector: All Sectors

Sub-Sector:


Type of Reservation: National Treatment
Market Access


Measure: Export and Import Permits Act, R.S.C. 1985, c. E-19
11 August 2014

751

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 authorization
certificate for a good or related service subject to controls
under the Export and Import Permits Act.

Sector: Social Services

Sub-Sector:


Most-Favoured Nation Treatment
Performance Requirements
Senior Management and Boards of Directors

11 August 2014

752
Level of Government: Provincial Territorial All

Descriptions: Cross-border Trade in Services and Investment

Canada reserves the right to maintain any measure with
respect to the provision of social services not otherwise
reserved under its Annex II reservation in respect of Social
Services on page II C 9.

This reservation against Most-Favoured Nation Treatment
does not apply to the provision of private education
services.
11 August 2014

753
Sector: Communications

Sub-sector: Telecommunications Transport Networks and Services
Radiocommunications

Industry Classification: CPC 752

Type of Reservation: National Treatment (Article XX)
Senior Management and Boards of Directors (Article XX)
Market Access (Article XX)


Measures: Telecommunications Act, S.C. 1993, c. 38
Canadian Telecommunications Common Carrier
Ownership and Control Regulations, SOR/94-667
Radiocommunications Act, R.S.C. 1985, c. R-2
Radiocommunication Regulations, SOR/96-484


Foreign investment in facilities-based telecommunications
service suppliers is restricted to a maximum, cumulative
total of 46.7 percent voting interest, based on 20 percent
direct investment and 33.3 percent indirect investment;

Facilities-based telecommunications service suppliers must
be controlled in fact by Canadians;

At least 80 percent of the members of the board of directors
of facilities-based telecommunications service suppliers
must be Canadians;

1. Notwithstanding the restrictions described above:

(a) foreign investment is allowed up to 100 percent
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;

11 August 2014

754
(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 percent
for suppliers conducting operations under a
satellite authorization; and

(e) foreign investment is allowed up to 100 percent
for facilities-based telecommunications service
suppliers that have revenues, including those of
its affiliates, from the provision of
telecommunications services in Canada
representing less than 10 percent of the total
telecommunications services revenues in
Canada.

11 August 2014

755

Sector: Professional services

Sub-Sector: Customs Brokers, Other supporting and auxiliary transport
services




Measures: Customs Act, R.S.C. 1985, c. 1 (2nd Supp.)
Customs Brokers Licensing Regulations, SOR/86-1067

Description: Cross-Border Trade in Services and Investment

To be a licensed 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.

11 August 2014

756

Sector: Retail Services

Sub-Sector: Duty Free Shops

Industry Classification: CPC 631, 632 (limited to duty-free shops)

Type of Reservation: National Treatment (Articles ___ and ___ )
Market Access (Articles )


Measures: Customs Act, R.S.C. 1985, c. 1 (2nd Supp.)
Duty Free Shop Regulations, SOR/86-1072


1. To be a licensed 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 licensed 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.

11 August 2014

757

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)

Market Access


Measure: Cultural Property Export and Import Act, R.S.C. 1985, c.
C-51


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.


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;

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
11 August 2014

758
with the business of the corporation ordinarily report
for work.


Sub-Sector: Patent Agents, Patent agents providing legal advisory and
representation services.

Classification: CPC 8921



Measures: Patent Act, R.S.C. 1985, c. P-4
Patent Rules, SOR/96-423


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.

11 August 2014

759


Sub-Sector: Trade-mark Agents, trade mark agents providing legal
advisory and representation services in statutory procedures




Measures: Trade-marks Act, R.S.C. 1985, c. T-13
Trade-marks Regulations, SOR/96-195


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.

11 August 2014

760

Sector: Energy (Oil and Gas)

Sub-Sector: Crude Petroleum and Natural Gas Industries,
Services incidental to mining

Industry Classification: CPC 120, 883


Measures: Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2
nd
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


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.

11 August 2014

761
2. A person who holds an oil and gas production licence
or shares therein must be a corporation incorporated in
Canada.


Sub-Sector: Crude Petroleum and Natural Gas Industries
CPC 883 Services incidental to mining


Type of Reservation: Performance Requirements (Article )
National Treatment (CBTS)


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
11 August 2014

762
Measures implementing the Canada-Quebec Gulf of St.
Lawrence Petroleum Resources Accord


1. Under the Canada Oil and Gas Operations Act, a
benefits plan must be approved by the Minister in
order to be authorized to proceed with an oil and gas
development project.

2. A benefits plan is 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
11 August 2014

763
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.

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.

11 August 2014

764


Sub-Sector: Crude Petroleum and Natural Gas Industries,
Services incidental to mining


Type of Reservation: Performance Requirements (Article )


Measures: Canada - Newfoundland Atlantic Accord Implementation
Act, S.C. 1987, c. 3
Hibernia Development Project Act, S.C. 1990, c. 41


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
11 August 2014

765
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 the Schedule of Canada, Annex I at
pages I-C-26-28.

2. In addition, Canada may impose in connection with the
Hibernia project 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.

Sector: Energy (Uranium)

Sub-Sector: Uranium Mines, Services incidental to mining


Most-Favoured-Nation Treatment (Article )


Measures: Investment Canada Act, R.S.C. 1985, c. 28 (1st Supp.)
Investment Canada Regulations, SOR/85-611
Policy on Non-Resident Ownership in the Uranium Mining
Sector, 1987


1. Ownership by non-Canadians, as defined in the
Investment Canada Act, of a uranium mining property
is limited to 49 percent at the stage of first production.
11 August 2014

766
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 Policy on Non Resident
Ownership 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.

Sub-Sector: Auditing




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


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
11 August 2014

767
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, as the case may be. In the case where 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. In the case where 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.

Sector: Air Transportation

Sub-Sector: Air transport services (passenger and freight), specialty air
services (as set out in the Description section below) and
courier services.

Industry Classification: CPC 73, 7512, Specialty Air Services as defined below.

Type of Reservation: National Treatment (Article ___ )
Market Access (Article ___)
Senior Management and Board of Directors (Article ___)

Measures: Canada Transportation Act, S.C. 1996, c. 10
Aeronautics Act, R.S.C. 1985, c. A-2
Canadian Aviation Regulations, SOR/96-433:
Part II, Subpart 2 -Aircraft Markings & Registration;
Part IV Personnel Licensing & Training; and
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768
Part VII Commercial Air Services


The Canada Transportation Act, in Section 55, defines
Canadian in the following manner:

"... 'Canadian' means a Canadian citizen or a permanent
resident within the meaning 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..."

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.

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
11 August 2014

769
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;

(d) specialty air services (include, but are not limited
to: 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).

No foreign individual is qualified to be the registered
owner of a Canadian-registered aircraft.

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 percent) is in
Canada.

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. Such
foreign-registered private aircraft would be limited to
private use, as would be the case for Canadian-registered
aircraft requiring a private operating certificate.
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770

Sub-Sector: Aircraft repair and maintenance services, and 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 and ground handling
services (line maintenance only) as defined in the Chapters
on Cross-Border Trade in Services and Investment

Type of Reservation: National Treatment (Article ___)

Measures: Aeronautics Act, R.S.C. 1985, c. A-2
Canadian Aviation Regulations, SOR/96-433:
Part IV Personnel Licensing & Training;
Part V Airworthiness;
Part VI General Operating & Flight Rules; and
Part VII Commercial Air 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 (i.e., approved maintenance
organizations and aircraft maintenance engineers).
Certifications are not provided for persons located outside
Canada, except sub-organizations of approved maintenance
organizations that are themselves located in Canada.
11 August 2014

771
Sector: Land Transportation

Sub-Sector: Scheduled and non-scheduled passenger and freight
transportation by road, including courier services.

Industry Classification: CPC 7121, 7122, 7123, 7512


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, 1997, c. 36


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.
11 August 2014

772
Sector: Water Transportation

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, and any other
commercial marine activity undertaken from a vessel.

Industry Classification: CPC 721, 722, 745, 5133, 5223, any other commercial
marine activity undertaken from a vessel

Type of Reservation: National Treatment (Articles___ and ___)
Market Access (Articles ___ and ___)
Obligations (Article X.02) (IMTS)

Measures: Canada Shipping Act, 2001, S.C. 2001, c. 26

Description: Cross-Border Trade in Services, Investment, 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 laws 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 laws 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

11 August 2014

773
(iii) a ship management company
incorporated under the laws 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 vessels 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 laws of
Canada or a province or territory.

11 August 2014

774


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 and any other
commercial marine activity undertaken from a vessel

Industry Classification: CPC 721, 722, 745, 5133, 5223, any other commercial
marine activity undertaken from a vessel


Measures: Canada Shipping Act, 2001, S.C. 2001, c. 26
Marine Personnel Regulations, SOR/2007-115

Description: Cross-Border Trade in Services and International
Maritime Transport Services

Masters, mates, engineers and certain other seafarers must
hold certificates granted by the Minister of Transport as a
requirement of service on Canadian registered vessels.
Such certificates may be granted only to Canadian citizens
or permanent residents.

11 August 2014

775


Sub-Sector: Pilotage and berthing services



Measures: Pilotage Act, R.S.C., 1985, c. P-14
General Pilotage Regulations, SOR/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


Subject to the Schedule of Canada, Annex II, at pages___,
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 Canadian citizens or permanent residents
may obtain such a licence or pilotage certificate. A
permanent resident of Canada who has been issued a pilots
licence or pilotage certificate must become a Canadian
citizen within five years of receipt of such licence or
pilotage certificate in order to retain it.
11 August 2014

776

Sub-Sector: Transportation services by sea-going and non-sea-going
vessels


Type of Reservation: Market Access (Article ___)

Measures: Shipping Conferences Exemption Act, 1987, R.S.C. 1985,
c.17 (3rd Supp.)


Members of a shipping conference must maintain jointly an
office or agency in the region of Canada where they
operate. A shipping conference is an association of ocean
carriers that has the purpose or effect of regulating rates
and conditions for the transportation by those carriers of
goods by water.

11 August 2014

777


Sub-Sector: Transportation services by sea-going and non-sea-going
vessels


Type of Reservation: Most-Favoured-Nation Treatment (Article ___)

Measures: Coasting Trade Act, S.C. 1992, c. 31


The prohibitions under the Coasting Trade Act, set out in
Schedule of Canada, Annex II, at pages ____, do not apply
to any vessel that is owned by the U.S. Government when
used solely for the purpose of transporting goods owned by
the U.S. Government from the territory of Canada to supply
Distant Early Warning sites.

11 August 2014

778
Sector: Land Transportation

Sub-Sector: Scheduled/non-scheduled passenger transportation
by road


Type of Reservation: National Treatment (Articles____ and ____)
Market Access (Articles_____ and ____)

Measures: Motor Vehicle Transport Act, R.S.C. 1985, c. 29
(3
rd
Supp.), as amended by S.C. 2001, c. 13.


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.

11 August 2014

779
Sector: Transportation

Sub-Sector: All transportation sub-sectors


Type of Reservation: Market Access (Article ___)

Measures: Canada Transportation Act (S.C. 1996, c. 10)


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.
11 August 2014

780
Sector: Postal Services

Sub-sector: Postal services, mail transportation by any mode of
transport.

Type of Reservation: Market Access (Article___)

Measures: Canada Post Corporation Act, R.S.C., 1985, c. C-10
Letter Definition Regulations, SOR/83-481


The sole and exclusive privilege of collecting, transmitting
and delivering letters (as defined in the Letter Definition
Regulations, SOR/83-481) within Canada is reserved for
the postal monopoly.

For greater certainty, activities relating to the exclusive
privilege may also be restricted, including the issuance of
postage stamps and the installation, erection or relocation
in any public place of any mail receptacle or device to be
used for the collection, delivery or storage of mail.

Canada Federal Annex II
1 August 2014
781
Annex II

Schedule of Canada

Sector: Aboriginal Affairs

Sub-sector:


Type of Reservation: National Treatment (Articles ___ and ___)
Market Access (Articles ___ and ___)
Most-Favoured-Nation Treatment (___ and ___)
Performance Requirements (Article ___)
Senior Management and Boards of Directors (Article ___)


Canada reserves the right to adopt or maintain any measure
denying investors of the European Union [Member States] and
their investments, or service providers of the European Union
[Member States], rights or preferences provided to aboriginal
peoples.

Existing Measures: Constitution Act, 1982, being Schedule B of the Canada Act 1982
(U.K.), 1982, c. 11

1 August 2014
782

Sector: Agriculture

Sub-sector:


Type of Reservation: Market Access


Canada reserves the right to adopt or maintain any measure related
to collective marketing arrangements for agricultural products,

which includes, but is not limited to, 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:

Note: Agricultural products as defined in the WTO Agreement on Agriculture.

1 August 2014
783
Sector: All Sectors

Sub-sector:


Type of Reservation: Senior Management and Boards of Directors
National Treatment (Article ___)


British Columbia, New Brunswick, Nova Scotia, Nunavut, Prince
Edward Island, Quebec, The Northwest Territories, and Yukon,
reserve the right to adopt or maintain any measure relating to an
enterprise of Canada that is a covered investment that requires 25
percent, or less, of the board of directors, or any committee
thereof, be of a particular nationality. An amendment to a measure
adopted pursuant to the above must not decrease the conformity of
the measure with the obligations set out in Chapter X (Investment)
as it existed immediately before the amendment.

requiring that up to 50 percent of the board of directors of an
enterprise that is a covered investment be ordinarily resident in
Canada. A granting of residency to an EU national who is an
appointee to a board of directors of an enterprise that is a covered
investment will be conducted in accordance with Canadian
domestic law relating to the entry of foreign nationals. However,
such an EU national shall not be subject to an economic needs test
solely for the purposes of the appointment to the board of directors.

Existing Measures:

1 August 2014
784
Sector: All Sectors

Sub-sector:




relating to residency requirements for the ownership by investors
of the European Union [Member States], or their investments, of
oceanfront land.

Existing Measures:

Sector: Fisheries

Sub-Sector: Fishing and Services Incidental to Fishing


Type of Reservations: National Treatment (Articles X)
Most-Favoured Nation Treatments (Article X)
Market Access (Articles X)
1 August 2014
785


Canada reserves the right to adopt or maintain any measure with
respect to collective marketing and trading arrangements for fish
and seafood products, and licensing fishing or fishing related
activities, including entry of foreign fishing vessels to Canadas
exclusive economic zone, territorial sea, internal waters or ports,
and use of any services therein.

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 that 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. F14
Coastal Fisheries Protection Act, R.S.C. 1985, 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 Fisher Marketing Act, R.S.C., 1985, c. F-13

Sector: Financial Services

Sub-sector: Securities

Industry Classification: SIC 8152



1 August 2014
786
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

1 August 2014
787
Sector: Food, Beverage and Drug Industries

Sub-Sector: Liquor, Wine and Beer Stores

Industry Classification: CPC 241, 242, 243, 62112, 62226, 63107


Measures: Importation of Intoxicating Liquors Act, R.S.C. 1985, c. I-3


The Importation of Intoxicating Liquors Act gives each provincial
government an import monopoly on any intoxicating liquors
entering its territory.

1 August 2014
788

Sector: Minority Affairs

Sub-sector:


Type of Reservation: National Treatment (Articles )
Performance Requirements (Article )


conferring rights or privileges to a socially or economically
disadvantaged minority.

Existing Measures:


Sub-sector:


Type of Reservation: National Treatment (Articles )
1 August 2014
789
Most-Favoured-Nation Treatment (Articles )


respect to the provision of public law enforcement and correctional
services, and 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:


Sub-Sector:



1 August 2014
790
Descriptions: Cross-border Trade in Services and Investment

respect to the provision of social services not otherwise reserved
under its Annex II reservation in respect of social services on page
II C 9.

This reservation shall not extend to the adoption of any new
measure imposing limitations on the participation of foreign capital
in the provision of such social services.

Measures:

1 August 2014
791

Sector: Collection, Purification and Distribution of Water

Sub-sector:


National Treatment


respect to the collection, purification and distribution of water.

1 August 2014
792

Sector: Energy

Sub-sector: Transportation Services via Pipeline

Industry Classification: 713



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

1 August 2014
793


Sub-sector: Selling and marketing of air transport services (as defined in the
Chapters on Cross-Border Trade in Services and Investment

Industry Classification: Defined in the Chapters on Cross-Border Trade in Services and
Investment

Most-Favoured-Nation Treatment (Articles___ and ___)
Market Access (Articles___ and ___)


relating to the selling and marketing of air transportation services.

Existing Measures: For greater certainty this reservation does not affect Canadas
rights and obligations under the Agreement on Air Transport
Between Canada and the European Community and its Member
States.

1 August 2014
794

Sub-sector: Construction work for waterways, harbours, dams and other water
works transportation services by sea-going/non-sea-going vessels,
supporting and other services for water transport, and any other
marine activity of a commercial nature undertaken by or from a
vessel as set out in the Description section below

Industry Classification: CPC 5133, 5223, 721, 722, 745, any other marine activity of a
commercial nature undertaken by or from a vessel

Most-Favoured-Nation Treatment (Articles___ and ___)
Market Access (Articles____ and ___)
Performance Requirements (Article____)
Senior Management and Boards of Directors (Article___)

Description: Cross-Border Trade in Services, Investment, and International

affecting the investment in or provision of marine cabotage
services, including:

(a) the transportation of either goods or passengers by vessel
between points in the territory of Canada or above the
continental shelf of Canada, either directly or by way of a
place outside Canada; but with respect to waters above the
continental shelf of Canada, the transportation of either 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.

This reservation relates to, among other things, limitations and
conditions for services providers entitled to participate in these
activities, criteria for the issuance of a temporary cabotage license
1 August 2014
795
to foreign vessels, and limits on the number of cabotage licenses
issued to foreign vessels.

For greater certainty this reservation applies, inter alia, to marine
activities of a commercial nature undertaken by or from a vessel,
including feeder services and repositioning of empty containers.

This reservation does not apply to any measure relating to investment in
or the provision of the following marine cabotage services undertaken
from a vessel operated by an EU enterprise or an enterprise of a non-
Party* owned or controlled by nationals of a Party, if that vessel is
registered in accordance with the legislation of that Party and is flying
the flag of that Party:
1. Repositioning owned or leased empty containers on a non-
revenue basis.

2. (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 on a EU
Member States national registry (that is, first registries); and
(ii) Pre or onward transport of international containerized 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 on an EU Member
States national or international registry (that is, first or second
registries).

[Note to legal scrub: the terminology indicating EU Member
States different vessel registries may need to be revised to
make it legally correct]

3. Dredging.

* Canada reserves the right to not extend these benefits to
enterprises of the United States.

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, c.1 (2nd Supp.)
Customs and Excise Offshore Application Act, R.S.C., 1985, c. C-
53.
1 August 2014
796

Sub-Sector: Transport services by seagoing/non-sea-going vessels, supporting
and other services for water transport, and 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 (Article___)

Description: Cross-Border Trade in Services and International Maritime
Transport Services

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 such
areas 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:
1 August 2014
797

Sub-sector:

Industry Classification: CPC Section 7



relating to the number or type of legal entity which manages or
operates transportation infrastructure owned or controlled by
Canada.

Existing Measures:

1 August 2014
798

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: All of CPC 7, 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 8867
CPC 8868 (limited to rail transport equipment)
Computer reservations systems as defined in the Cross-Border
Trade in Services Chapter and Investment
Aircraft repair and maintenance services as defined in the Cross-
Border Trade in Services Chapter and Investment
Maritime container station and depot services as defined in the
International Maritime Transport Services Annex/Chapter
1 August 2014
799
Maritime agency services as defined in the International Maritime
Transport Services Annex/Chapter
Maritime freight forwarding services as defined in the International
Maritime Transport Services Annex/Chapter

Type of Reservation: Market Access (Articles____ and ____)

Description: Cross-Border Trade in Services, Investment, and International

Canada reserves the right to adopt or maintain any measure related
to the designation, establishment, expansion, or operation of
monopolies or exclusive services suppliers in the transportation
sector.

Existing Measures:

1 August 2014
800

Sub-Sector: Supporting and auxiliary transport services,
and groundhandling services (as defined in the Chapters on
Cross-Border Trade in Services and Investment

Industry Classification: CPC 74, Ground handling services as defined in the
Chapters on Cross-Border Trade in Services and Investment



limiting the number of providers 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.

For greater certainty, in the case of ground handling services, this
reservation does not affect Canadas rights and obligations under
the Agreement on Air Transport Between Canada and the
European Community and its Member States.

Existing Measures:

1 August 2014
801

Sub-sector: Technical Testing and Analysis
Services




affecting the statutory inspection and certification of vessels on
behalf of Canada. For greater certainty, only a person,
classification society or other organization authorized 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:

1 August 2014
802
Sector: All Sectors

Sub-sector:


Type of Reservation: Most-Favoured-Nation Treatment (Article___)


Canada reserves the right to adopt or maintain any measure that
accords differential treatment under any bilateral or multilateral
international agreement in force or signed prior to January 1, 1994.

Canada reserves the right to adopt or maintain any measure that
accords differential treatment pursuant to any existing or future
bilateral or multilateral agreement relating to:

(a) aviation;
(b) fisheries;
(c) maritime matters, including salvage.

Existing Measures:

Canada Provincial and Territorial Annex I
11 August 2014
I PT 803
Annex 1

Canada Cross-Border Trade in Services and Investment

ALBERTA

Sector: Professional Services

Sub-Sector: Accounting, auditing and bookkeeping services


Market Access

Level of Government: Provincial - Alberta

Measures: Regulated Accounting Profession Act, RSA 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


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 any 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.

11 August 2014
I PT 804

11 August 2014
I PT 805

Sub-Sector: Veterinary Services




Measures: Veterinary Profession Act, RSA 2000, c V-2
General Regulation, Alta. Reg. 44/86


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.

11 August 2014
I PT 806
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

Market Access


Measures Real Estate Act, RSA 2000, c R-5
Description: CrossBorderTradeinServices
Service suppliers are authorized 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; be the location of
therecordsrequiredtobemaintainedbytheAct.

11 August 2014
I PT 807

11 August 2014
I PT 808
Sector: Related Scientific and Technical Consulting Services

Sub-Sector: Land surveying




Measures: Land Surveyors Act, RSA 2000, c L-3


Where services are provided through a corporation, commercial
presence must take the form of a surveyors corporation.

11 August 2014
I PT 809
Sector: Alcoholic Beverages

Sub-Sector: Beverages, commission agents' services, wholesale trade services,
retailing services (liquor, wine and beer, liquor wine and beer
stores), manufacture of food and beverages, on a fee or contract
basis

CPC 62112, 62226, 63107, 643, 88411



Measures: Gaming and Liquor Act, RSA 2000, c G-1
Gaming and Liquor Regulation, Alta. Reg. 143/96
Alberta Gaming and Liquor Commission Board Policies


The above measures permit Alberta to control the manufacture,
import, sale, purchase, possession, storage, transportation, use and
consumption of liquor, including through permits and licenses that
may include citizenship, residency and other limitations on the
establishment, operation and provision of these activities.

11 August 2014
I PT 810
Sector: Agriculture

Sub-Sector: Land, Services incidental to agriculture

Industry Classification: CPC 8811 (except rental of agricultural equipment with operator)
CPC 531

Market Access


Measures: Provincial Parks Act, RSA 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


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 Act
(Canada).

11 August 2014
I PT 811
Sector: Hunting

Sub-Sector: Services incidental to hunting
Own-account hunting guides
Other cultural services


TypeofReservation: NationalTreatment
Market Access


Measures: Wildlife Act, RSA 2000, c W-10
Wildlife Regulation, Alta. Reg. 143/97

Description: CrossBorderTradeinServicesandInvestment
Pursuant to the above measures, 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.

11 August 2014
I PT 812

11 August 2014
I PT 813

Sub-Sector: Road Transport Services, Passenger
transportation




Measures: Motor Transport Act, RSA 2000, c. M-21
Motor Vehicle Administration Act, RSA 2000, M-23


Pursuant to the above Measures a public convenience and needs
test may be imposed prior to approving a license 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.

11 August 2014
I PT 814

11 August 2014
I PT 815
Sector: All Sectors

Sub-Sector:




Measures: Industrial Benefits Policy


Performance requirements may be imposed on applicants (such as
a first consideration being given to service suppliers from within
Alberta or Canada, where 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.

11 August 2014
I PT 816

11 August 2014
I PT 817
Sector: All Sectors

Sub-Sector:




Measures: Business Corporations Act, RSA 2000, c B-9,
Business Corporations Regulation, Alta. Reg. 118/2000
Companies Act, RSA 2000, cC-21
Cooperatives Act, SA 2001, c C-28.1
Partnership Amendment Act, RSA 2000 (Supp), c P-25
Societies Act, RSA 2000, c S-14


At least 1/4 of the directors of an Alberta Corporation must be
resident Canadians.

For the purposes of these measures, resident Canadian means an
individual who is:

(i) a Canadian citizen ordinarily resident in Canada,
(ii) a Canadian citizen, not ordinarily resident in Canada,
who is a member of a prescribed class of persons, or
(iii) a permanent resident within the meaning of
the Immigration Act (Canada) and ordinarily resident in
Canada;

11 August 2014
I PT 818
Sector: All Sectors

Sub-Sector:


Market Access


Measures: Land Titles Act, RSA 2000, c. L-4
Agricultural and Recreational Land Ownership Act, RSA 2000, c.
A-9
Regulations Respecting the Ownership of
Agricultural and Recreational Land in Alberta,
Alta. Reg. 160/79
Public Lands Act, RSA 2000, c. P-40


Public lands cannot be sold to:

apersonwhoisnotaCanadiancitizenorapermanentresident
asdefinedintheImmigrationAct(Canada),
acorporationthatisnotaCanadiancorporation,or
a person or corporation acting as a trustee fora person who is
notaCanadiancitizenorapermanentresidentasdefinedinthe
Immigration Act (Canada) or for a corporation that is not a
Canadiancorporation.

11 August 2014
I PT 819

11 August 2014
I PT 820
Sector: Recreational, Cultural and Sporting Services

Sub-Sector: Gambling and betting




Measures: Gaming and Liquor Act, RSA 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


The above measures permit Alberta to regulate and authorize
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 licenses that may
include citizenship, residency and other limitations on the
establishment, operation and provision of these activities.

11 August 2014
I PT 821

11 August 2014
I PT 822
Sector: Animal husbandry

Sub-Sector: Services incidental to animal husbandry


Market Access


Measures: Stray Animals Act, RSA 2000, c S-20
Horse Capture Regulation, Alta. Reg. 59/94

Only a Canadian citizen or a person lawfully admitted into Canada
for permanent residence may apply for, obtain or hold a license to
capture, bait, chase, pursue, follow after or on the trail of or stalk
horses on public land in Alberta designated for the licensed capture
of horses.

11 August 2014
I PT 823
BRITISH COLUMBIA

Sector: Forestry
Sub-Sector: Forestry and logging products
Type of Reservation: Performance Requirements
Level of Government: Provincial British Columbia
Measures: Forest Act [RSBC 1996] c. 157
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 authorize 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 utilization of the wood.

11 August 2014
I PT 824

Sub-Sector: Legal Services
Market Access
Level of Government: Provincial - British Columbia
Measures: Evidence Act [RSBC 1996] c. 124
A person must be a Canadian citizen or permanent resident to be
appointed as a commissioner for taking affidavits.

11 August 2014
I PT 825

Sub-Sector: Accounting, Auditing and Bookkeeping
Measures: Accountants (Certified General) Act [RSBC 1996] c.2
Accountants (Chartered) Act [RSBC 1996] c.3
Accountants (Management) Act [RSBC 1996] c.4
Accounting offices must be under the management of a resident.

11 August 2014
I PT 826
Sector: All sectors

Sub-Sector:


Senior Management and Board of Directors


Measures: Cooperative Association Act [SBC 1999] c. 28
Society Act [RSBC 1996] c. 433


Under the Cooperative Association Act, the majority of directors of
any association incorporated under the Act must be resident
Canadians and at least one director must be resident in the
Province.

Under the Society Act, at least one director of any society
incorporated under the Act must be resident in the Province.

11 August 2014
I PT 827

Sub-Sector: Lawyers and Notaries
Market Access
Measures: Notaries Act [RSBC 1996] c. 334
Description: Cross Border Trade in Services and Investment
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.

11 August 2014
I PT 828
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
Market Access
Measures: Wildlife Act [RSBC 1996] c. 488
Only Canadian citizens or permanent residents of Canada are
eligible to be issued guide outfitter and angling guide licenses.

11 August 2014
I PT 829
Sector: Forestry
Sub-Sector: Other professional services
Forestry and logging products
Industry Classification: CPC Other, 03
Market Access
Measures: Foresters Act [SBC 2003] c. 19
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.

11 August 2014
I PT 830
Sector: Forestry
Sub-Sector: Services incidental to manufacturing, Christmas tree permits, log
salvage permits, woodlot licenses
Market Access
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.
Only Canadian citizens or landed immigrants may apply for log
salvage permits.
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.
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 license.

11 August 2014
I PT 831
Sector: Forestry
Sub-Sector: Forestry and Logging
Only the following entities may enter into a community forest
agreement:

A society incorporated under the Society Act
An association as defined in the Cooperative Association Act
A corporation, if the corporation is established by or under an
enactment, or registered as an extraprovincial company under
the Business Corporations Act
A partnership, if the partnership is comprised of
municipalities or regional districts, societies, associations,
companies or extraprovincial companies, or a combination of
the foregoing; or
A municipality or regional district.

Community forest agreements may be directly awarded.

11 August 2014
I PT 832

11 August 2014
I PT 833
Sector: Agriculture
Sub-Sector: Products of agriculture, horticulture and market gardening,
services incidental to agriculture (except rental of agricultural
equipment with operator), services incidental to animal husbandry
Industry Classification: CPC 01, 8811 (except rental of agricultural equipment with
operator), 8812
Measures: Range Act [SBC 2004] c. 71
Applicants who can demonstrate local presence shall be given preference in the
granting of grazing licence and permits.

11 August 2014
I PT 834
Sector: Forestry
Sub-Sector: Forestry and logging
Applicants may have to commit to the establishment of a
manufacturing facility to qualify for a forest license.

11 August 2014
I PT 835
Sector: Forestry
National Treatment
The grant of community salvage licenses is limited to specific
groups, notably societies, 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 authorized
by the Minister specifies in the invitation or advertising.

11 August 2014
I PT 836
Sector: Forestry
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.

11 August 2014
I PT 837
Sector: All Sectors

Sub-Sector:
Market Access
Measures: Land Act [RSBC 1996] c. 245
Ministry of Forest and Range Policy - Grazing Lease Policy dated
November 15, 2004
The Land Act restricts Crown grants to Canadian citizens and to
permanent residents. As well, 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 or other government related body or to the South Coast
British Columbia Transportation Authority continued under the
South Coast British Columbia Transportation Authority Act or any
of its subsidiaries.
Only Canadian citizens may hold grazing lease tenures.
Performance requirements are imposed on companies as a
condition for the granting of grazing lease tenures.

11 August 2014
I PT 838
Sector: Fisheries
Sub-Sector: Fish and other fishing products
Services incidental to fishing, Land
Market Access
Measures: Fisheries Act [RSBC 1996] c. 149
Land Act [RSBC 1996] c. 245
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.

11 August 2014
I PT 839
Sector: Fisheries
Sub-Sector: Services incidental to fishing, wholesale trade services
Measures: Fisheries Act [RSBC 1996] c. 149
Commercial Fisheries and Mariculture: A Policy for the 1980s
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. Off shore
processing/processing at sea is limited to fishermen who process their own
catches and where the fish species cannot be economically processed in existing
shore based facilities.

11 August 2014
I PT 840
Sub-Sector: Road Transport Services, Passenger Transportation
Measures: Passenger Transportation Act [SBC 2004] c. 39
Motor Vehicle Act [RSBC 1996] c. 318
The BC Passenger Transportation Act requires a person to obtain
a passenger transportation licence from the BC Passenger
Transportation Board to provide taxi or intercity bus services in
BC. The Board may approve an application for a licence if the
Board considers that
thereisapublicneedfortheservice,
the applicant is fit and proper and capable of providing the
service,and
the application, if granted, would promote sound economic
conditionsinthepassengertransportationbusinessinBC.
The Board has the power to impose terms and conditions on a

licence. If the licence is to include an authorization to operate
motor vehicles as intercity buses, terms and conditions include
routes and minimum route frequencies for that operation. If the
licence is to include an authorization to operate motor vehicles as
passenger directed vehicles (such as taxis and limousines), terms
and conditions include fleet size, rates and geographic operating
area.

11 August 2014
I PT 841
Sub-Sector: Road Transport Services: public transit
Measures: British Columbia Transit Act [RSBC 1996] c. 38
South Coast British Columbia Transportation Authority Act
[SBC 1998] c. 30
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 BC except the transportation
service region supported by the South Coast British Columbia
Transportation Authority.

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.

11 August 2014
I PT 842
Sector: Energy
Sub-Sector: Electricity, services incidental to energy distribution
Measures: BC Hydro Public Power Legacy and Heritage Contract Act [SBC
2003] c. 86
Clean Energy Act [SBC 2010] c. 22
Utilities Commission Act [RSBC 1996] c. 473
Hydro and Power Authority Act [RSBC 1996] c. 212

In British Columbia, electric utilities operate as regulated
monopoly distributors of electricity within the area they service.
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
BC 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.
Subject to direction from the Lieutenant Governor in Council, rates
for the sale of electricity within the province are regulated by the
BC Utilities Commission.

11 August 2014
I PT 843
Sector: Related scientific and technical consulting services

Sub-Sector: Free miner
Measures: Mineral Tenure Act [RSBC 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 authorized
to work in Canada or a Canadian corporation or a partnership
consistingofqualifiedindividualorCanadiancorporations.

11 August 2014
I PT 844

11 August 2014
I PT 845
MANITOBA

Sector: Funeral Services

Sub-Sector: Funeral, cremation and undertaking services



Level of Government: Provincial Manitoba

Measures: The Prearranged Funeral Services Act, C.C.S.M. c. F200


Anyone supplying prearranged funeral plans, on a for-profit basis,
must have a license. 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
license.

11 August 2014
I PT 846
Sector: Service of membership organizations

Sub-Sector: Legal documentation & certification


Market Access

Level of Government: Provincial - Manitoba

Measures: The Marriage Act, C.C.S.M. c. M50
Policy respecting residency/citizenship of appointees


Under The Marriage Act, the Minister responsible may appoint any
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.

11 August 2014
I PT 847
Sector: Education

Sub-Sector: Other education services




Measures: The Manitoba Registered Music Teachers Association
Incorporation Act, R.S.M. 1990, c. 100


No person may be admitted as a member of the Association and
thus use the title Registered Music Teacher unless that person
can demonstrate six months prior residence in Manitoba.

11 August 2014
I PT 848
Sector: All Sectors

Sub-Sector:


National Treatment


Measures: The Community Development Bonds Act, C.C.S.M. c. C160


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 corporations head office
is located or of a municipality nearby.

Where 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: e.g., individuals resident
in Manitoba, Manitoba corporation or corporations established
under the Canada Business Corporations Act, corporations with a
head office in Manitoba, trusts where the majority of trustees or
beneficiaries are residents in Manitoba, or a Manitoba
municipality.

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 (Manitoba) or the Canada Business
Corporations Act or The Co-operatives Act (Manitoba), 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).
11 August 2014
I PT 849
Sector: Agriculture

Sub-Sector: Agricultural land, forest and other wooded land


Market Access


Measures: The Farm Lands Ownership Act, C.C.S.M. c. F35


Only individuals who are citizens of Canada or permanent
residents of Canada within the meaning of the Immigration and
Refugee Protection Act (Canada) (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 2 years after acquiring
the farm land, may own more than 40 acres of Manitoba farmland.

11 August 2014
I PT 850
Sector: All Sectors

Sub-Sector:




Measures: The Labour-sponsored Venture Capital Corporations Act,
C.C.S.M. c. L12
The Corporations Act, C.C.S.M. c. C225


Labour-sponsored Venture Capital Corporations are required to
invest in active businesses (with assets valued at less than $50
million) of which at least 50% of the full-time employees are
employees employed in Manitoba, or where at least 50% of
employees wages and salaries are attributable to services rendered
in Manitoba by the employees.

The corporations must be registered under the Act, and only
corporations that have been incorporated under The Corporations
Act (Manitoba) may apply to be registered. This means that at
least 25% of the Corporations directors must be residents of
Canada (or at least 1, where there are 3 or fewer directors),
pursuant to The Corporations Act (Manitoba).

11 August 2014
I PT 851
Sector: All Sectors

Sub-Sector:




Measures: The Co-operatives Act, C.C.S.M. c. C223


A majority of directors of a co-operative must be resident in
Canada. For directors meetings of a co-operative to be properly
constituted, a majority of the directors at the meeting must be
resident 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.

11 August 2014
I PT 852
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

operator), 8812

Market Access


Measures: The Crown Lands Act, C.C.S.M. c. C340
Agricultural Crown Land Leases Regulation, 168/2001
Agricultural Crown Land Grazing and Hay Permits Regulation,
288/88


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 must be 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 must be a
resident of Manitoba, and the corporation must be registered to
carry on business in Manitoba.

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.

11 August 2014
I PT 853
Sector: All Sectors

Recreational and other open land




Measures: The Crown Lands Act, C.C.S.M. c. C340
Policy respecting allocation, sale and lease of cottage lots and
development of commercial establishments in Provincial Parks and
on other Crown Land


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.

11 August 2014
I PT 854
Sector: Fisheries

Sub-Sector: Services incidental to fishing
Wholesale trade services


Market Access


Measures: The Fisheries Act, C.C.S.M. c. F90
Fishing Licensing Regulation, 124/97
Policy respecting the allocation of commercial fishing licences


Unless otherwise authorized 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.

The Minister has full discretion to issue commercial fishing licenses
and to place conditions on the licenses. 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: 1) local, 2) regional, and 3) provincial economies.

11 August 2014
I PT 855
Sector: Related scientific and technical consulting

Sub-Sector: Land surveyors


Market Access


Measures: The Land Surveyors Act, C.C.S.M. c. L60


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 Manitoba land
surveyors must take the form of a sole proprietorship or
partnership.

Any surveyor who practiced land surveying in Manitoba and
subsequently became the citizen or subject of a foreign country
must be re-naturalized in accordance with the provisions of the
Citizenship Act (Canada) prior to resuming practice in Manitoba.

11 August 2014
I PT 856

Sub-Sector: Legal advisory and representation services




Measures: The Legal Profession Act, C.C.S.M. c. L107


The provision of legal services to the public in Manitoba,
concerning Manitoba laws, by inter-jurisdictional law firms is
permissible only where, 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.

11 August 2014
I PT 857
Sector: Wholesale Trade

Sub-Sector: Pharmaceutical and medical goods




Measures: The Hearing Aid Act, C.C.S.M. c. H38


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.

11 August 2014
I PT 858

Sub-Sector: Passenger Transit Systems




Measures: The Highway Traffic Act, C.C.S.M. c. H60


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 where it
considers public availability of the service to be essential.

11 August 2014
I PT 859

Sub-Sector: Accounting, auditing and bookkeeping services




Measures: The Chartered Accountants Act; C.C.S.M. c. C70
The Certified General Accountants Act, C.C.S.M. c. C46
The Certified Management Accountants Act, C.C.S.M. c. C46.1


Professional corporations providing accounting, auditing and
financial management services under the first three Acts cited
above must be incorporated under The Corporations Act
(Manitoba). This means that at least 25% of the corporations
directors must be residents of Canada (or at least 1, where there are
3 or fewer directors).

11 August 2014
I PT 860
Sector: All Sectors

Sub-Sector:




Measures: The Corporations Act, C.C.S.M. c. C225


Corporations generally:

At least 25% of a corporations directors must be residents of
Canada (or at least 1, where there are 3 or fewer directors).
Directors must not transact business at a meeting of directors
unless at least 25% of the directors present are residents of Canada
(or if there are only 3 directors, at least 1 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.

11 August 2014
I PT 861
Sector: Hunting

Sub-Sector: Services incidental to hunting, hunting, fishing and trapping
industries, tourist guide agencies, own-account hunting


Market Access


Measures: The Wildlife Act, C.C.S.M. c. W130
Allocation of Hunting Licences Regulation, 77/2006
Captive Wild Animal Regulation, 23/98
Exotic Wildlife Regulation, 78/99
General Hunting Regulation, 351/87
Hunting Dogs Regulation, 79/95?
Hunting Seasons and Bag Limits Regulation, 165/91
Miscellaneous Licences and Permits Regulation, 53/2007
Trapping Areas and Zones Regulation 149/2001
Hunting Guides Regulation, 110/93
Manitoba Trapping Guide 2011/2012
The Resource Tourism Operators Act, C.C.S.M. c. R119.5


Pursuant to the above Acts and Regulations the Minister, and the
Administrator appointed by the Minister, have the discretion to
issue permits or licences required under the Acts to any person,
subject to such terms and conditions as the Minister 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 licenses,
for residents of Manitoba or Canada.

11 August 2014
I PT 862
Sector: Agriculture

Sub-Sector: Products of Agriculture

Industry Classification: CPC 01, 8811(except rental of agricultural equipment with
operator)



Measures: The Wild Rice Act, C.C.S.M. c. W140


Only persons who have been resident in Manitoba for at least one
year are entitled to apply for a license, permit, load slip or export
certificate under this Act.

11 August 2014
I PT 863
Sector: Forestry

Sub-Sector: Forestry and logging products,
Services incidental to manufacturing


Type of Reservation: Performance Requirement
National Treatment


Measures: The Forest Act, C.C.S.M. c. F150
Forest Use and Management Regulation, 227/88R


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 any 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 Manitobas
forestry industry. Manitoba residents or Canadian citizens may be
given preference when such grants are made or permits or licences
are issued.

11 August 2014
I PT 864

Sub-Sector: Passenger road transport (taxicabs)




Measures: The Taxicab Act, C.C.S.M. c. T10
The Highway Traffic Act, C.C.S.M. c. H60


The 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 any 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.

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 any certificate it
issues. In deciding whether or not to grant a certificate, the Board
must consider whether 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.

11 August 2014
I PT 865
Sector: Agriculture

Sub-Sector: Products of agriculture, live animals and animal products, meats
and dairy products, other food products n.e.c.

Industry Classification: CPC 01, 02, 21, 22, 239



Measures: The Farm Products Marketing Act, C.C.S.M. c. F47
Dairy Famers of Manitoba Marketing Plan Regulation, 89/2004
Manitoba Egg and Pullet Producers Marketing Plan Regulation,
70/2005
Manitoba Chicken Broiler Producers Marketing Plan Regulation,
246/2004
Manitoba Turkey Producers Marketing Plan Regulation, 38/2004
Manitoba Vegetable Producers Marketing Plan Regulation,
117/2009

The Milk Prices Review Act, C.C.S.M. c. M130


The boards and commissions under the above measures may afford
preferences to permanent residents of Manitoba or Canadian
citizens.

11 August 2014
I PT 866
Sector: Energy

Sub-Sector: Electrical Power




Measures: The Manitoba Hydro Act, C.C.S.M. c. H190
The Public Utilities Board Act, C.C.S.M. c. P280
The Water Power Act, C.C.S.M. c. W60
The Environment Act, C.C.S.M. c. E125
The Crown Corporations Public Review and Accountability Act,
C.C.S.M. c. C336


The above measures, inter alia, permit the Government of
Manitoba or Manitoba Hydro to:

(a) regulate, and issue various licenses, authorizations or
approvals relating to, the generation, transmission,
distribution, importation, exportation and supply and sale
of electricity, whether 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);

(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); (d)

11 August 2014
I PT 867
Without limiting the generality of the foregoing, such measures

may involve discrimination in favour of MB residents or entities
formed in accordance with the laws of Canada (and having a place
of business in MB).

11 August 2014
I PT 868

Sub-Sector: Commission agents' services, wholesale trade services, retailing
services (liquor, wine and beer, liquor wine and beer stores),
beverages




Measures: The Liquor Control Act, C.C.S.M. c. L160


The Commission has the discretion to grant licenses to sell
alcoholic beverages. Where the applicant is an individual, the
license may only be issued to an adult natural person who is a
Canadian citizen or has permanent residence status and resides in
Canada. Where the applicant is a partnership, all of its members
must meet this requirement. If the applicant is a corporation, it
must be incorporated or authorized to carry on its business in
Manitoba under Manitoba law. If the applicant is incorporated
under Manitoba law, 25% of the corporations directors must be
residents of Canada (or at least 1, where there are 3 or fewer
directors).

11 August 2014
I PT 869

Sub-Sector: Gambling and Betting




Measures: The Gaming Control Act, C.C.S.M. c.G5
The Manitoba Lotteries Corporation Act, C.C.S.M. c. L210
The Manitoba Horse Racing Commission Act, C.C.S.M. c. H90
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


Gaming Activities by Charitable and Religious Organizations,
Fairs and Exhibitions, etc. Charitable and religious organizations,
fairs and exhibitions and concession and amusement operators may
not carry on gaming activities in Manitoba unless they are licensed
to do so by the Gaming Control Commission or by another body
authorized by Manitoba. The Gaming Control Commission has
discretion to issue such licences subject to such terms and
conditions as it considers advisable, and may afford preferential
treatment to applicants with a presence in Manitoba.

No one may become an employee of The Manitoba Lotteries
Corporation or of a Manitoba gaming operator, or regularly be in a
premises in Manitoba where gaming activity is taking place for the
purpose of providing a gaming service, unless they have been
registered for this purpose by the Gaming Control Commission.
The Gaming Control Commission has discretion to register any
person, subject to such terms and conditions as it considers
advisable, and may afford preferential treatment to Canadian
citizens or permanent residents of Manitoba.

11 August 2014
I PT 870
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 Gaming Control Commission.
The Gaming Control Commission has discretion to register any
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

Only the Government of Manitoba is authorized to conduct and
manage lottery schemes in Manitoba that fall outside the authority
of the Manitoba Gaming Control Commission or other bodies
authorized to issue licenses to conduct and manage lottery schemes
in Manitoba. Manitoba conducts and manages lottery schemes
within Manitoba through The Manitoba 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 Lotteries Corporation,
Western Canada Lottery Corporation and Interprovincial Lottery
Corporation are collectively referred to as the Corporations.

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

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 licensed 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
11 August 2014
I PT 871
Canadian citizens or permanent residents of Manitoba or business

entities with an office in Manitoba.

11 August 2014
I PT 872
NEW BRUNSWICK

Sector: Forestry

Sub-Sector: Agricultural, forest and other wooded land,
forestry and logging products



Level of Government: Provincial - New Brunswick

Measures: Crown Lands and Forest Act, RSNB 1980, c. C-38.1


Subject to certain exceptions every licence or permit authorizing
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.

11 August 2014
I PT 873
Sector: Mining

Sub-Sector: Mining, Quarrying and Oil Well Industries

Industry Classification: CPC 11 to 16


Level of Government: Provincial New Brunswick

Measures: Mining Act, RSNB 1985, c. M-14.1


When 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.

11 August 2014
I PT 874

Sub-Sector: Commission agents' services, wholesale trade services, retailing
services (liquor, wine and beer, liquor wine and beer stores),
beverages




Measures: Liquor Control Act, RSNB 1990, c. L-10


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 authorize 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.

The ANBL reserves the right to preferentially promote and market
locally produced alcoholic beverage products.

11 August 2014
I PT 875
Sector: Funeral Services





Measures: The Embalmers and Funeral Director's Act, SNB 1978,
Regulation 92-705.

Description Investment

Only residents of New Brunswick who are Canadian citizens or
Canadian landed immigrants are eligible to be registered under the
Act as an embalmer or funeral director, or as an apprentice.

Resident is not defined by the Act or Regulations, but in practice,
the Board would consider such things as possession of a New
Brunswick Medicare number or driver's license, or an indication
that income tax is filed with the Province.

11 August 2014
I PT 876

Sector: Energy

Sub-Sector: Crude Petroleum and Natural Gas
Industry Classification: CPC 120, 7112, 71232, 7131, 7422, 8675, 883 and 887
Market Access (CPC, 71232 and 7422 only)

Level of Government: Provincial - Newfoundland and Labrador
Measures: Canada-Newfoundland and Labrador Atlantic Accord
Implementation Newfoundland and Labrador Act, RSN
1990, c.C-2
Canada-Newfoundland Atlantic Accord February 11,
1985
Energy Corporation Act, SNL 2007, c.E-11.01
Petroleum and Natural Gas Act, RSNL 1990, c.P-10
The above measures permit the Government of
Newfoundland and Labrador to regulate and issue
various authorizations 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, but not limited to, related
hydrocarbon pipelines, marine distribution,
transshipment facilities and transport services. Without
limiting the generality of the foregoing, such measures
may involve discretionary decisions based on various
factors, limitations on market access, imposition of
performance requirements and/or discrimination in
favour of residents of Newfoundland and Labrador
and/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

11 August 2014
I PT 877
Sector: Energy
Sub-Sector: Electricity and Services Incidental to Energy
Distribution
Measures: Electric Power Control Act, 1994, SNL 1994, c.E-5.1
Energy Corporation Act, SNL 2007, c.E-11.01
Energy Corporation of Newfoundland and Labrador
Water Rights Act, SNL 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

The above measures, inter alia, permit the Government
of Newfoundland and Labrador to:
(1) regulate and issue various authorizations relating to
the production, generation, development,
transmission (including but not limited to system
control),distribution,delivery,supplyandexportation
of electricity, and provide for the construction and
maintenanceofrelatedfacilities;
(2) provideforthegrantingofthelandsorwaterswithin
the domain of the Province for any good, source or
force of energy from which it is possible to produce
electricity,includingbutnotlimitedtotheinstallation
ofwindturbinesandhydroelectricdevelopments;and
(3) setandmodifyratesforelectricity.
Without limiting the generality of the foregoing, such

measures may involve discretionary decisions based on
various factors, imposition of performance requirements
and/or discrimination in favour of residents of
Newfoundland and Labrador and/or entities established
11 August 2014
I PT 878
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.

11 August 2014
I PT 879
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 and
manufacture of articles of straw, and plaiting materials
on a fee or contract basis
Market Access (CPC 31 only)
Measures: Forestry Act, RSNL 1990, c.F-23
Forest Protection Act, RSNL 1990, c.F-22
Plant Protection Act, RSNL 1990, c.P-16
The above measures allow the Government of
various authorizations relating to the production,
extraction and development of forestry resources and
related products within the Province. Without limiting
the generality of the foregoing, such measures may
involve discretionary decisions based on various factors,
limitations on market access, imposition of performance
requirements and/or discrimination in favour of
residents of Newfoundland and Labrador and/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.

11 August 2014
I PT 880
Sector: Agriculture
Sub-Sector:
Industry Classification: CPC 01, 021, 029, 04, 21, 22, 6221, 62224, 881 (except
rental of agricultural equipment with operator and 8814)
and 882
Measures: Farm Products Corporation Act, RSNL 1990, c.F-5
Natural Products Marketing Act, RSNL 1990, c.N-2
Poultry and Poultry Products Act, RSNL 1990, c.P-18
various authorizations 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.
various factors, the imposition of performance
requirements and/or discrimination in favour of
residents of Newfoundland and Labrador and/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

11 August 2014
I PT 881
Sector: Fisheries

Sub-Sector: Fish and other fishing products, prepared and preserved
fish, wholesale trade services of fisheries products and
services incidental to fishing
Classification: CPC 04, 212, 62224, 882
Measures: Fisheries Act, SNL 1995, c.F-12.1
Aquaculture Act, RSNL 1990, c.A-13
Fish Inspection Act, RSNL 1990, c.F-12
Fishing Industry Collective Bargaining Act, RSNL 1990,
c.F-18
Fish Processing Licensing Board Act, SNL 2004, c.F-
12.01
Professional Fish Harvesters Act, SNL 1996, c.P-26.1
Lands Act, SNL 1991, c. 36
Water Resources Act, SNL 2002 c. W-4.01

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. Such measures provide for
the imposition of performance requirements in certain
circumstances.

11 August 2014
I PT 882
Sector: All Sectors

Sub-Sector:

Measures: Corporations Act RSN 1990 c.C-36
At least 25% of the directors of all corporations
incorporated under the Corporations Act must be resident
Canadian, except: (1) a body corporate that was
incorporated under The Companies Act and was
continued under the Corporation Act, and maintains the
same proportion of nonresident directors after January 1,
1987 that it had before January 1, 1987; or (2) a
corporation that earns no income in Canada.
Directors of a corporation incorporated under the
Corporations Act must not transact any business at a
meeting of directors unless at least 25% of directors
present are resident Canadian, except where 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% of
the directors at the meeting would have been resident
Canadian had that director been present.

11 August 2014
I PT 883
Sector: Engineering related scientific and technical consulting

services
Sub-Sector: Surface surveying services
Market Access
Measures: Land Surveyors Act, 1991, SNL 1991, c.C-37
Canadian permanent residency is required for the
issuance of a certificate of authorization to a firm, a
partnership or corporate body to practice surveying
within the Province.

11 August 2014
I PT 884
Sector: Investigation and Security Services

Subsector: Private Investigation and Security Services
National Treatment
Measures: Private Investigation and Security Services Act, RSNL
1990, c.P-24
The manager of a private investigation and/or security services
agency must be a permanent resident of Canada.

A majority of board of directors must be a permanent resident of
Canada.

11 August 2014
I PT 885
Sector: Tourism
Sub-Sector: Services incidental to hunting, tourist guide agencies
and own-account hunting

Market Access
Measures: Wild Life Act, RSNL 1990 c.W-8
Non-residents of the Province must employ licensed
guides while undertaking certain licensed hunting
activities within the Province.
Non-residents of the Province are not permitted to obtain
certain types of licenses, and are required to obtain non-
resident licenses to undertake certain fishing activities
within the Province.
Canadian residency is required in order to obtain
registration as a guide.

11 August 2014
I PT 886
Sector: Land
Sub-Sector: Recreational and other open land
Market Access
Measures: Lands Act, SNL 1991, c.36
Policy Directive FT. 004 (Amendment 1), 2001
Only permanent residents of the Province are eligible to
receive residential cottage licenses for Crown Land.

11 August 2014
I PT 887
Sub-Sector: Railroad transportation services
Measures: Rail Service Act, 2009, SNL 2009, c.R-1.2
Any person seeking to purchase, operate or construct a
rail service within the Province must first obtain
Provincial approval. Such approval may be granted on
terms and conditions the Province considers appropriate.
Without limiting the generality of the foregoing, any such
approval may involve discretionary decisions based on
various factors including the imposition of performance
requirements.

11 August 2014
I PT 888
Sub-Sector: Other land transportation services
Market Access
Measures: Aquaculture Act, RSNL 1990, c. A-13
Fisheries Act, SNL 1995, c.F-12.1
Fish Inspection Act, RSNL 1990, c. F-12
Liquor Corporation Act, RSNL 1990, c. L-19
Liquor Control Act, RSNL 1990, c. L-18
Motor Carrier Act, RSN 1990, c.M-19
Professional Fish Harvesters Act, SNL 1996, c.P-26.1
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.

11 August 2014
I PT 889

11 August 2014
I PT 890
Sector: All Sectors

Sub-Sector:
Classification:
Measures: Labour Relations Act, RSNL 1990, c. L-1
The above measures allow the Lieutenant Governor in
Council of Newfoundland and Labrador to issue Special
Project Orders. Without limiting the generality of the
foregoing, such Orders may involve discretionary
decisions based on various factors and limitations on or
linkages to investment or market access, imposition of
performance requirements and/or discrimination in

11 August 2014
I PT 891
Sector: Recreational, Cultural, Sporting and Associated Services

Sub-Sector: Gambling and betting services, services incidental to
manufacturing of metal products, machinery and
equipment
Classification: CPC 8844, 885, 96492
Market Access (8844 and 885 only)

Measures: Lotteries Act, SNL 1991, c.53
various authorizations 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.
various factors, limitations on market access, imposition
of performance requirements and/or discrimination in

11 August 2014
I PT 892

Sub-Sector: Wholesale trade services of beverages, sale on a fee or
contract basis of food products, beverages and tobacco,
retail sales of beverages not consumed on the spot,
beverage serving services for consumption on the
premises, alcoholic beverages and manufacture of food
and beverages on a fee or contract basis
Industry Classification: CPC 62226, 62112, 63107, 643, 241, 242, 243 and
88411
Performance requirements
Market Access

Measures: Liquor Corporation Act, RSNL 1990, c.L-19
Liquor Control Act, RSNL 1990, c.L-18
distribution, supply, sale, and marketing of alcoholic
beverages.
The Newfoundland Liquor Corporation operates as a
monopoly responsible for the distribution, supply,
transport, sale and marketing of alcoholic beverages.
various factors, limitations on market access, imposition
of performance requirements and/or discrimination in

11 August 2014
I PT 893

Sub-Sector: Legal services (Notaries)
Type of Reservation National Treatment
Market Access
Measures: Notaries Public Act, RSN 1990 c.N-5
Only a Canadian citizen that is resident in the Province is eligible
to become a notary public for the Province.

11 August 2014
I PT 894
NOVA SCOTIA


Sub-Sector: Accounting Services


Market Access

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


Only residents of Canada are eligible to be licensed to practice as a
public accountant in Nova Scotia and to use the designation
Public Accountant.

11 August 2014
I PT 895
Sector: Tourism and recreational services

Sub-Sector: Service incidental to hunting, tour guide agencies, own-account
hunting

Industry Classification CPC 8813, 7472, 96419

Market Access


Measures: Wildlife Act, R.S.N.S. c 504


Only Nova Scotia residents are eligible to receive a fur harvesters
or moose hunting license. Non-residents may be subject to
supervision by a qualified guide while hunting, or fishing in
designated rivers.

11 August 2014
I PT 896

Sub-Sector: Highway Freight Transport


Market Access

Level of Government: Provincial Nova Scotia

Measures: The Public Utilities Act R.S., c. 380, s. 1


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.

11 August 2014
I PT 897

Sub-Sector: Interurban motor bus transport & scheduled services




Measures: Public Utilities Act, R.S.N.S. 1989, c. 380


Licensing 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.

11 August 2014
I PT 898
Sector: Land

Sub-Sector: Other land




Measures: Land Titles Clarification Act, R.S.N.S. 1989, c. 250;


Applicants who claim land in a land titles clarification area based
on historical adverse possession must be residents of Nova Scotia.

Phase Out: Revision in the future.

11 August 2014
I PT 899
Sector: Credit and Collection services

Sub-Sector: Credit reporting and collection agency services
Consumer reporting agencies

Industry Classification: CPC 87901, CPC 87902, CPC 87909

Type of Reservation National Treatment
Market Access


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


Whether as individuals or partnerships, applicants for registration
as consumer reporting agencies must be Canadian citizens or
lawfully admitted to Canada and ordinarily resident. Corporate
applicants 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.

Credit Reporting and Collection Agency services must be supplied
through a commercial presence.

Permanent residency is required to provide Consumer Agents
Services

License applications require an address for service in Nova Scotia
with direct sellers maintaining a permanent place of business in
Nova Scotia.

11 August 2014
I PT 900

Sub-Sector: Sale on a contract basis of food products, wholesale trade services
of beverages, retail sales of beverages not consumed on the spot,
beverage serving services for consumption on the premises,
alcoholic beverages and manufacture of food and beverages on a
fee or contract basis

Industry Classification: CPC 241, 242, 243, 62112, 62226, 63107, 643, 88411

Market Access


Measures: Liquor Control Act, R.S.N.S. 1989, c 290;


The above measures allow the Province, through the monopoly of
the Nova Scotia Liquor License Corporation, to regulate and issue
various authorizations relating to the purchase, importation,
possession, delivery and sale of liquor and merchandise.

Without limiting the generality of the foregoing, such measure may
involve discretionary decisions based on various factors,
requirements and/or discrimination in favour of residents of Nova
Scotia and/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 with Nova Scotia.

11 August 2014
I PT 901
Sector: Membership Organizations Industries

Sub-Sector: Religious Organizations




Measures: Solemnization of Marriage Act, R.S.N.S. 1989, c. 436;


Only Nova Scotia residents may be registered as a person
authorized to perform marriages

11 August 2014
I PT 902
Sector: Mining

Sub-Sector: Mining, quarrying, and oil well industries

Industry Classification: CPC 11 to 16, 883



Measures: Mineral Resources Act, S.N.S. 1990, c. 18;


Except for testing, no person shall remove from the Province to
any place outside of Canada for processing any output from a mine
in the Province without first obtaining the consent of the Minister.

A penalty equal to three times the royalty an operator would
otherwise be required to pay may be ordered for failure to obtain
consent.

Differential royalties also apply for mine output processed outside
Nova Scotia.

11 August 2014
I PT 903
Sector: Recreational, Cultural and sporting Services

Sub-Sector: Gambling and betting, services incidental to manufacturing


Market Access (only to CPC 8844 and 885)

Level of Government: Provincial-Nova Scotia

Measures: Gaming Control Act, SNS 1994-95, C.4,


The above measures allow the Province to regulate and issue
various authorizations 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.

may involve discretionary decision based on various factors,
requirements and/ or discrimination in favour of residents of Nova

11 August 2014
I PT 904
Sector: Funeral services



Market Access


Measures: Embalmers and Funeral Directors Act, RSNS, c 144;


The Minister has power to refuse to issue or re-issue a license in
respect of a funeral home for any reasonable cause.

The regulation provides that a person applying for an apprentice
embalmers license 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 NS, the Board has the discretion not to
approve and accept the course of study.

11 August 2014
I PT 905
Sector: Energy

Sub-Sector: Crude Oil and Natural Gas


Market Access (only for CPC, 71232, 7422)


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


The Government of Nova Scotia regulates and issues various
authorizations 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, but not
limited to related hydrocarbon pipelines, marine distribution,
transshipment facilities and transport services.

The granting of authorizations may involve discretionary
decisions based on various factors, limitations on market access,
imposition of performance requirements and/or discrimination in
favour of residents of Nova Scotia and/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 with Nova Scotia.

11 August 2014
I PT 906
Sector: Fisheries

Sub-Sector: Fish and other fishing products, prepared and preserved fish, wholesale trade
services of fisheries products and services incidental to fishing




Measures: Fisheries and Coastal Resources Act, RSNS 1996, c. 25
Fisheries Organizations Support Act, S.N.S., 1995-96, c.6


various authorizations 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.

may involve discretionary decisions based on various factors,

11 August 2014
I PT 907
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 and
manufacture of articles of straw, and plaiting materials on a fee or
contract basis


Market Access (only for CPC 31)


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


various authorizations relating to the production, extraction and
development of forestry resources and related products within the
Province.

limitations on market access imposition of performance
requirements and/or discrimination in favour of residents of Nova

11 August 2014
I PT 908
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 (excluding rental of agricultural equipment
with operator and CPC 8814), CPC 882



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


various authorizations 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.

favor of residents of Nova Scotia and/or entities established in

11 August 2014
I PT 909
Sector: Energy

Sub-Sector: Electricity and services incidental to energy distribution




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, OIC 2010-381 (October 12, 2010), N.S.
Reg. 155/2010


The above measures, inter alia, permit the Government of Nova
Scotia to:

(1) Regulate and issue various authorizations relating to the
production, development, operation and maintenance of
generation, transmission (including but not limited to system
control), distribution, delivery, importation, exportation and supply
of electricity, including electricity generated by renewable energy
sources;
(2) 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 but not limited to the installation of
windturbinesandhydroelectricdevelopments;and
(3) Setandmodifyelectricityrates,includingbutnotlimitedtofeedin
tariffs.

11 August 2014
I PT 910
NUNAVUT

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



Level of Government: Territorial Nunavut

Measures: Wildlife Act, S.Nu. 2003, c.26, s. 113


In the allocation of a dealers 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.

11 August 2014
I PT 911

Sub-Sector: Legal services (Notaries Public)

Market Access

Level of Government Territorial Nunavut

Measures: Evidence Act, RSNWT 1988,c.E-8, s. 79


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.

11 August 2014
I PT 912


Sub-Sector: Legal services (Notaries Public)


Market Access

Level of Government Territorial Northwest Territories

Measures: Evidence Act, RSNWT 1988,c.E-8, s. 79


Every 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.

11 August 2014
I PT 913
ONTARIO

Sector: All Sectors

Sub-Sector:



Level of Government: Provincial - Ontario

Measures: Business Corporations Act, R.S.O. 1990, Chapter B.16, s. 118(3),
s. 126(2), s. 45(1)(b)
Special Acts of the Legislature incorporating specific companies


At least 25% of directors of corporations (other than non-resident
corporation) must be resident Canadians. If fewer than 4 directors,
at least one must be a resident Canadian. Majority of directors
meetings must be held in Canada each year.

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.

11 August 2014
I PT 914

Sub-Sector: Services incidental to manufacturing




Measures: Technical Standards and Safety Act 2000, O. Reg 218/01 s.8, s.17


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 licensed in Ontario or
manufactured in a designated jurisdiction.

11 August 2014
I PT 915



Market Access


Measures: Gaming Control Act, 1992, R.S.O. 1992, Chapter 24; O. Reg.
68/94, OIC 1413/08 s. 3(b), 16(i)


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.

11 August 2014
I PT 916
Sector: Collection Agency Services

Sub-Sector: Collection agents


Market Access


Measures: Collection Agencies Act, R.S.O. 1990, Chapter C.14, O. Reg.
74/90, s. 12(2)(a), s. 13(2), s. 13(5), s.19.1


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.

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 non-for-profit credit counselling services.

11 August 2014
I PT 917
Sector: Real Estate Services

Sub-Sector: Real estate services on a fee or contract basis,
Real estate services involving own or leased property




Measures: Real Estate and Business Brokers Act, R.S.O. 2002, Chapter 30; O.
Reg. 567/05 24(1); s. 4(1)2)


Real estate services must be supplied through a commercial
presence in Ontario.

11 August 2014
I PT 918

Sub-Sector: Wine, Beverages




Measures: Wine Content and Labelling Act R.S.O 2000, Chapter 26
O. Reg. 659/00 - Content of Wine


A winery in Ontario may sell wine manufactured from a blend of
imported and domestic grape products. Wineries must blend to an
average of 40% Ontario grape content for all of its blended wines
with a minimum of 25% Ontario grape content per bottle.

11 August 2014
I PT 919
Sector: Tourism

Sub-Sector: Travel agency, tour operator and tourist guide services




Measures: Travel Industry Act, R.S.O. 2002, Chapter 30, s. 4(1); O. Reg.
26/05, s. 5, para. 1, s.10(1)


An individual must be a Canadian resident to register as a travel
agent and travel wholesaler in Ontario.

Registrants may carry on business only if their permanent place of
business is in Ontario.

11 August 2014
I PT 920
Sector: Agriculture

Sub-Sector: Products of agriculture, Services incidental to agriculture

operator).



Measures: Wild Rice Harvesting Act, R.S.O., 1990, Chapter W.7., ss.1 &
3(2).


A person seeking to harvest wild rice on Crown lands must obtain
a license. Only those who have resided in Ontario for 12
consecutive months immediately preceding the application are
eligible for a license.

11 August 2014
I PT 921
Sector: Engineering related scientific and technical consulting services

Sub-Sector: Land surveying (Cadastral Surveying)




Measures: Surveyors Act, R.S.O. 1990, Chapter S.29, s. 5(1), s. 12(1), s.
14(2)(3)
R.R.O. 1990, Reg. 1026, s. 23(3) and (4); O. Reg. 1026/90; O.
Reg. 509/99, s.4(1), O. Reg. 218/10, s. 12(1)


Only a resident of Canada may obtain a license to conduct
cadastral surveying. Only Canadian citizens can serve as
councillors of the Association of Ontario Land Surveyors (AOLS)

A corporation must primarily offer professional survey services
and 50% 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 licensed by the
AOLS.

11 August 2014
I PT 922

Sector: Hunting





Measures: Fish and Wildlife Conservation Act, R.S.O. 1997, Chapter 41,
s.1(1); O.Reg. 665/98., s.37


Only a resident may be issued a license 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.

11 August 2014
I PT 923
Sector: Hunting





s.1(1); O.Reg. 667/98, s.11(1).


Only a Canadian citizen or an Ontario resident may be issued a
license 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 license.

11 August 2014
I PT 924
Sector: Recreational, cultural and sporting services

Sub-Sector: Sporting services and services incidental to hunting




O.Reg. 665/98, s. 12
Ontario Hunter Education Program Standards, Wildlife Policy
Section, 2006.


Only Ontario residents are eligible to be appointed to instruct
hunting education courses.

11 August 2014
I PT 925
Sector: Hunting





Measures: Fish and Wildlife Conservation Act, R.S.O. 1997, Chapter 41, s.
1(1), s. 32; O.Reg. 665/98, s. 94, s. 95.


To be eligible for a license 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 6
consecutive months immediately preceding application for a
license.

11 August 2014
I PT 926
Sector: Fisheries

Sub-Sector: Wholesale trade services of fisheries products




Measures: Freshwater Fish Marketing Act R.S.O. 1990, Chapter F.33


No person is permitted to control the buying or selling of fish in
Ontario except as authorized in the relevant Acts.

11 August 2014
I PT 927
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


Market Access


Measures: Crown Forest Sustainability Act, R.S.O. 1994, Chapter 25, s.30,
s.34, O.Reg 167/95


Forest resource licenses that authorize 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.
Forest resource licenses are issued in respect of specific areas of
land; as such there are limits to the number of licenses issued.

The Minister may amend a forest resource license 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.

11 August 2014
I PT 928

Sub-Sector: Veterinary Services


Market Access


Measures: Veterinarians Act, R.S.O. 1990, Chapter V.3; O. Reg. 1093/90


Only a Canadian citizen or permanent resident, or another status
under the Immigration Act (Canada) consistent with the class of
license for which the application is made, is eligible to be licensed
to practice veterinary medicine in Ontario.

11 August 2014
I PT 929
Sector: Retail Services

Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods




Measures: Livestock Medicines Act, R.S.O. 1990, Chapter L.23, O. Reg.
730/90


Only persons with an established place of business in Ontario are
eligible to be licensed to sell livestock medicine in Ontario.

Licenses may be issued to sellers who have established a
temporary place of business at events such as races and agricultural
fairs/shows.

11 August 2014
I PT 930

Sub-Sector: Legal services (Legal documentation and certification services)


Market Access


Measures: Notaries Act, R.S.O. 1990, Chapter N.6, s.2(1)


Canadian citizenship is required to be appointed a notary public in
Ontario for a person who is not a barrister or solicitor.

11 August 2014
I PT 931
Sector: Ores and minerals; electricity, gas and water

Sub-Sector: Natural Gas
Electrical Energy

Industry Classification: CPC 120 (Crude petroleum and natural gas)
CPC 17 (Electricity, town gas, steam and hot water)
CPC 334 (Petroleum gases and other gaseous hydrocarbons, except
natural gas)
CPC 713 (Transport services via pipeline)
CPC 887 (Services incidental to energy distribution)

Type of Reservation: Market Access, National Treatment, Performance Requirements


Measures: Ontario Energy Board Act, 1998
Electricity Act, 1998
Green Energy Act, 2009
Green Energy and Green Economy Act, 2009
Municipal Franchises Act

Description: Investment and Services

The Government of Ontario and its energy authorities, entities, and
agencies, including, but not limited to, Ontario Power Authority,
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, and/or to produce, transmit, distribute, conserve,
manage (demand and load), store, sell, retail or market energy
(including electricity, natural gas, and/or renewable energy) in any
region in Ontario including on corridor lands. Further, the
Government of Ontario and/or one of its energy authorities, the
Ontario Energy Board, or its successors or assigns, may regulate
the rates, storage, standards and/or services provided by energy
producers, distributors, transmitters, sellers, retailers, marketers
and storage companies in Ontario.

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) residentsofOntarioand/or
11 August 2014
I PT 932
(b) entitiesestablishedinaccordance withthelawsofCanadaora

province or territory thereof and having a place of business in
Ontario.

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.

11 August 2014
I PT 933
Sector: Mining

Sub-Sector: Metal ores, other minerals and manufacture of basic metals on a


Type of Reservation: Performance Requirement


Measures: Mining Act, R.S.O. 1990, Chapter M.14, 1990, s. 91


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.

11 August 2014
I PT 934

Sub-Sector: Interurban transportation




Measures: Public Vehicles Act, R.S.O 1990, Chapter P.54


The issuance of operating licenses for public vehicles is subject to
a necessity and convenience test administered by the Ontario
Transport Highway Board.

11 August 2014
I PT 935
Sector: Technical training

Sub-Sector: Driver certification services


National Treatment


Measures: Driver Certification Program Policy;
Highway Traffic Act, Section 32 (5) Issuance of drivers licence ,
endorsements
School Bus Driver Improvement Course;
Highway Traffic Act, Reg. 340/94 (s) 13.1 for Drivers Licences.
Beginner Driver Education Program
Highway Traffic Act, R.S.O 1990, Chapter H.8; O. Reg. 473/07
Licences for Driving Instructors and Driving School.


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 schools office and
classrooms.
11 August 2014
I PT 936
Sector: All Sectors

Sub-Sector:


Market Access


Measures: Co-operative Corporations Act, R.S.O. 1990, Chapter C.35,
1990, s. 14(1); s.85 (3)


A majority of directors of every co-operative shall be resident
Canadians.

Co-operative corporations must have a head office in Ontario

11 August 2014
I PT 937

Sub-Sector: Beverages, commission agents services, retail sales on a fee or
contract basis of food products and beverages, wholesale trade
services of beverages and retail sales of beverages not consumed
on the spot


Market Access


Measures: Liquor Control Act, R.S.O. 1990, Chapter L.19
O. Reg. 717/90 General
Alcohol and Gaming Regulation and Public Protection Act, R.S.O.
1996., Chapter 26; O.Reg. 141/01
Registrar of the AGCO policies and practices


The above measures permit Ontario to regulate and authorize the
importation, purchase, production, distribution, supply, marketing
and sale of alcoholic beverages in Ontario and to conduct such
activities, including through provincial monopolies. Beer may only
be sold in authorized government stores.

The Registrar of Alcohol and Gaming authorizes Ontario wine,
spirits and beer manufacturers to operate stores for the sale of their
own wine, spirits and beer, respectively. AGCO also authorizes
only The Beer Store for the sale of domestic and import beer.

11 August 2014
I PT 938
Sector: Agriculture




Measures: Municipal Act, R.S.O 2001, Chapter 25, s. 308.1
Assessment Act, R.S.O. 1990, chapter A.31, s. 7; O. Reg. 282/98


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%
controlled by Canadian citizens or persons lawfully admitted to
Canada for permanent residence, are subject to reduced property
taxes.

11 August 2014
I PT 939

Sub-Sector: Auditing Services


Market Access

Measures: Credit Unions and Caisses Populaires Act, R.S.O 1994, Chapter
11, s.160


An individual or firm of accountants is qualified to be an auditor of
a credit union if the individual is ordinarily resident in Canada.

11 August 2014
I PT 940
Sector: Service of membership organizations

Sub-sector: Legal documentation & certification
Industry classification: CPC 8613
CPC 95910
Type of reservation: National Treatment
Level of government: Provincial - Ontario
Measures: The Marriage Act, R.S.O 1990, Ch. M.3, s.11, s.20

Ontario reserves the right to restrict the category of persons
eligible to issue marriage licenses, including on the basis of
residence, and to require that a person registered under the Act to
solemnize marriage must be an Ontario resident or have a parish or
pastoral charge in whole or in part in Ontario.

11 August 2014
I PT 941
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 (excluding rental of agricultural
equipment with operator and CPC 8814), CPC 882
Level of Government: Provincial Ontario
Measures: Farm Products Marketing Act, 1990
Milk Act, 1990


various authorizations 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.
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) residentsofOntarioand/or
(b) entities established in accordance with the laws of

Canada or a province or territory thereof and having a
placeofbusinessinOntario.

11 August 2014
I PT 942


Sub-Sector: Architectural Services



Level of Government: Provincial - Prince Edward Island

Measures: Architects Acts, RSPEI 1988, A-18.1 and Architects Association of
PEI Bylaws.


Any non-resident proprietorship, partnership or corporation
applying for a certificate of practice to practice architecture in
Prince Edward Island shall have at least 2/3 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.

11 August 2014
I PT 943

Sub-Sector: Insurance and Real Estate Agent Industries


Market Access

Level of Government: Provincial (Prince Edward Island)

Measures: Real Estate Trading Act, RSPEI 1988, R -2


To sell real estate a natural person must hold a Prince Edward
Island real estate license. The Registrar shall not issue a license to
an individual unless the individual is a citizen of Canada or has the
status of permanent resident of Canada.

11 August 2014
I PT 944
Sector: Distribution Services

Sub-Sector: Retail Sales of Motor Fuel



Level of Government: Provincial -Prince Edward Island

Measures: Petroleum Products Act, RSPEI 1988, P-5.1


When issuing a license 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.

11 August 2014
I PT 945
Sector: All sectors

Sub-Sector:


Market Access


Measures: Prince Edward Island Lands Protection Act, RSPEI 1988, L-5 and
Fees Regulations and Lands Identification Regulations


Non-resident persons must make application to acquire more than
5 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.

The Government of Prince Edward Island issues permits to non-
resident persons under this Act and may impose more onerous
conditions including, but not limited to, that the land be identified
under the land identification program for agricultural use or non-
development use.

Only residents of Prince Edward Island are eligible for a property
tax rebate on non-commercial real property.

11 August 2014
I PT 946

Sub-Sector: Consumer credit reporting


Market Access

Level of Government: Provincial (Prince Edward Island)

Measures: Consumer Reporting Act, RSPEI 1988, C-20


Every consumer reporting agency registered under this Act shall
operate from a fixed place of business in Prince Edward Island.

11 August 2014
I PT 947



Market Access

Level of Government: Provincial Prince Edward Island

Measures: Legal Profession Act, 1992 c.39, RSPEI 1988, L-6.1


To be eligible for admission to the Law Society of PEI and practice
law, an individual must be a Canadian citizen or a permanent
resident of Canada.

11 August 2014
I PT 948
Sector: Agriculture

Sub-Sector: Products of agriculture, live animals and animal products, meats,
dairy products, and food products n.e.c.

Industry Classification: CPC 01, 02, 21, 22, 239, 6221, 62112



Measures: Natural Products Marketing Act, RSPEI, 1988, N-3
Dairy Industry Act, RSPEI, 1988, D-1
Agricultural Products Standards Act, RSPEI, 1988, A-9
Dairy Producers Act, RSPEI, 1988, D-2
Agricultural Insurance Act, RSPEI, 1988, A-8.2
Animal Health and Protection Act, RSPEI, A-11.1
Grain Elevators Corporation Act, RSPEI,1993, c.8
Plant Health Act, RSPEI,1990, c.45


The above measures allow the Province of Prince Edward Island to
regulate and issue authorizations on any 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.

favour of residents of Prince Edward Island and/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.

11 August 2014
I PT 949
Sector: Fisheries and Aquaculture

Sub-Sector: Wholesale Trade of Fishery Products
Services Incidental to Fishing




Measures: Fisheries Act, RSPEI 1988 F-13.01
Fish Inspection Act, RSPEI 1988 F-13
Certified Fisheries Organizations Support Act, RSPEI 1988 C-2.1
Natural Products Marketing Act, RSPEI, 1988, N-3


regulate and issue authorizations on any matter relating to
resources and products of the fishery including, but not limited to:
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.


11 August 2014
I PT 950
Sector: Energy

Sub-Sector: Electricity, oil and natural gas, and services incidental to energy
distribution




Measures: Energy Corporation Act, RSPEI 1988, E-7
Renewable Energy Act, RSPEI 2004, C-16
Oil and Natural Gas Act, RSPEI 1988, O-5
Electric Power Act, RSPEI 1988, E-4


regulate and issue authorizations on any matter relating to energy
and energy systems, oil and natural gas, and renewable energy
sources including, but not limited to the generation, accumulation,
transmission, distribution, supply, purchase, utilization 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.


11 August 2014
I PT 951
Sector: Forestry





Measures: Forest Management Act, RSPEI 1988, F-14
Public Forest Council Act, RSPEI 2001, C-48


regulate and issue authorizations on any matter relating to forest
products including, but not limited to: the conservation, protection,
harvesting, extraction and sale of forest products, issuing of
licenses, certification of forest producers, importation of plants or
plant materials, fees and other charges; and generally for carrying
out the provisions of the acts.


11 August 2014
I PT 952

Sub-Sector: Beverages, Commission Agents Services,
Wholesale Trade Services
Retailing Services




Measures: Liquor Control Act, RSPEI 1988 L-14


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.


11 August 2014
I PT 953





Measures: Lotteries Commission Act, RSPEI 1988, L-17


The Prince Edward Island Lotteries Commission is authorized
under the Lotteries Commission 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 on behalf of the government of the
province and the governments of other provinces that have any
agreement with this province respecting any such lottery schemes
or pari-mutuel betting systems.


11 August 2014
I PT 954
QUBEC

Sector: All Sectors

Sub-Sector:


Market Access

Level of Government: Provincial Qubec

Measures: Act respecting the acquisition of farm land by non-residents,
CQLR, chapter A-4.1
Regulation respecting the declaration of non-resident status in the
application for registration of the acquisition of farm land; CQLR,
chapterA-4.1, r. 1
Regulation respecting an application for authorization and the
information and documents required for the application, CQLR,
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,
CQLR, chapter A-4.1, r. 3
Act respecting the preservation of agricultural land and
agricultural activities, CQLR, chapter P-41.1, and regulations
Act respecting the lands in the domain of the State, CQLR, chapter
T-8.1
Regulation respecting the sale, lease and granting of immovable
rights on lands in the domain of the State, CQLR, chapter T-8.1, r.
7


Direct or indirect acquisition of farm land by non-residents of
Quebec must be authorized by the Commission de protection du
territoire agricole du Qubec. When it receives an application for
authorization by non-residents of Qubec, the Commission takes
into consideration the possible uses of the land for agricultural
purposes and the economic consequences thereof.

No person may, in a designated agricultural region, use a lot for
any purpose other than agriculture without the authorization of the
Commission, which takes into consideration specific socio-
economics factors when rendering a decision.
11 August 2014
I PT 955

Qubec residents are given priority in the purchase or lease of land
in the domain of the State.

11 August 2014
I PT 956
Sector: Agriculture, Fisheries, Forestry

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 (except rental of agricultural
equipment with operator), 8812, 882



Measures: Professional syndicates act, CQLR, chapter S-40
Act respecting the marketing of agricultural, food and fish
products, CQLR, chapter M-35.1
Rglement des producteurs dufs dincubation sur le
contingentement, CQLR, chapter M-35.1,r. 223
Rglement sur les quotas des producteurs d'ufs de consommation
du Qubec, CQLR, chapter M-35.1, r. 239


Joint plans for the production and marketing of an 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.

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 centralized
system.

11 August 2014
I PT 957
Sector: Fishing

Sub-Sector: Fish products and services incidental to fishing




Measures: Marine products processing act, CQLR, chapter T-11.01


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.

11 August 2014
I PT 958
Sector: Cultural services

Sub-Sector: Cultural goods and property


Market Access

Level of Government: Provincial - Qubec

Measures: Cultural Heritage Act, CQLR, chapter P-9.002


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.

Authorization 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 Qubec, 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
Quebec. Classified heritage property in the domain of the State
may not be sold, conveyed by emphyteusis or given away without
the Minister's authorization. In other cases of alienation prior
written notice is required.

11 August 2014
I PT 959
Sector: Funeral services

Sub-Sector: Funeral, Cremation and undertaking Services




Measures: Act respecting medical laboratories, organ and tissue conservation
and the disposal of human bodies, CQLR, chapter L-0.2
Regulation respecting the application of the Act respecting medical
laboratories, organ and tissue conservation and the disposal of
human bodies, CQLR, chapter L-0.2, r. 1 Act respecting
prearranged funeral services and sepultures, CQLR, chapter A-
23.001


A natural person seeking a permit to act as a funeral director, on
his behalf or for a legal person, partnership or an association
having its head office in Qubec, must have resided in Qubec for
at least the 12 months preceding the request.

A person seeking a permit to practise embalming, cremation or
thanatopraxy is not subject to the requirement to reside in Quebec
provided that he or she resides in Canada.
11 August 2014
I PT 960

Sub-Sector: Taxi Services


Market Access


Measures: Act respecting transportation services by taxi, CQLR, chapter S-
6.01
Taxi transportation regulation, CQLR, chapter S-6.01, r. 3,
Highway Safety Code, CQLR, chapter C-24.2
Regulation respecting road vehicle registration, CQLR, chapter C-
24.2, r. 29


For a taxi owners permit to be issued, assigned or transferred from
the Commission des transports du Qubec, a natural person must
be a Canadian citizen or permanent resident. To be issued a taxi
drivers permit by the Socit de lassurance automobile du
Qubec, a natural person must be a Canadian citizen or permanent
resident.

There is a limit of 20 taxi owners permits per person.
11 August 2014
I PT 961

Sub-Sector:




Measures: Highway Safety Code, CQLR, chapter C-24.2
Regulation respecting road vehicle registration, CQLR, chapter C-
24.2, r. 29


Under the International Registration Plan (IRP), carriers only pay
registration fees once, to the base jurisdiction, which in turn
ensures travel for duly licensed vehicles in other jurisdictions. This
system of apportionable fees works on the basis of the distance
traveled in each jurisdiction. An IRP registration certificate is
recognized by Canadian provinces and US states. An apportioned
registration will only be granted to a person having a place of
business in Qubec and where at least one of its vehicles accrues
kilometres.

11 August 2014
I PT 962

Sub-Sector: Bus transport




Measures: Transport Act, CQLR, chapter T-12
Bus Transportation Regulation, CQLR, chapterT-12, r.16


In issuing bus transportation permits, the Commission des
Transports du Qubec may apply criteria of public need in the
territory to be served. It may also consider whether 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.

11 August 2014
I PT 963

Sub-Sector: Road transportation


Market Access


Measures: Act respecting the ministre des Transports, CQLR, chapter M-28
Transport Act, CQLR, chapter T-12
Regulation respecting the brokerage of bulk trucking services,
CQLR, chapter T-12, r. 4
Act respecting owners, operators and drivers of heavy vehicles,
CQLR, chapter P-30.3


The Minister of Transport determines the conditions that a heavy-
vehicle operator located outside of Qubec 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 Qubec has
to maintain its principal establishment outside of Qubec and its
registration cannot be transferred.

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% 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% of the transportation needed if the brokerage
permit holder accepts the offer to transport 50% of the
transportation required.

To obtain a brokerage permit, a non-profit legal person or a
cooperative shall demonstrate that it represents at least 35% of the
operators of heavy-vehicle 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
11 August 2014
I PT 964
brokerage services in the brokerage zone where he has his

principal establishment or in the zone determined by regulation.

11 August 2014
I PT 965

Sub-Sector: Maritime transport


National Treatment


Measures: Act respecting the Socit des traversiers du Qubec, CQLR,
chapter S-14
Transport act, CQLR, chapter T-12


The Commission des Transports du Qubec 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, where 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 offers passengers a ferry service competing
with another ferry service.

No person may be a member of the board of directors unless he is
domiciled in Qubec.

11 August 2014
I PT 966

Sub-Sector: Sporting and other recreational services




Measures: Act respecting safety in sports, CQLR, chapter S-3.1.
Regulation respecting combat sports, CQLR, chapter S-3.1, r. 11
Regulation respecting combat sports licensing, CQLR, chapter S-
3.1, r. 7


With respect to professional combat sport, a person who is not
domiciled in Canada cannot obtain a yearly referees or judges
permit but may obtain a permit valid for a specific sports event.

11 August 2014
I PT 967
Sector: Tourism

Sub-Sector: Travel Agencies and Tour Operation Services


National treatment


Measures: Travel Agents Act, CQLR, chapter A-10
Regulation Respecting Travel Agents, CQLR, chapter A-10, r. 1


A natural person applying for a travel agent licence on his own
account must establish and maintain a principal establishment in
Quebec. The association, partnership or person on whose behalf
the licence is applied for must establish and maintain a principal
establishment in Quebec. A principal establishment is an
establishment in which the operations of the licensee are
principally performed.

11 August 2014
I PT 968
Sector: All sectors

Sub-Sector:




Measures: Act respecting land use planning and development, CQLR, chapter
A-19.1


Act respecting land use planning and development entitles to
specify, for each zone or group of contiguous zones, the maximum
number of places that may be used for identical or similar uses,
including those in the same immovable, the minimum distance
required between such places or the maximum floor or land area
allowed for such uses.

A rule so provided may only apply, as regards agricultural
activities within the meaning of the Act respecting the preservation
of agricultural land and agricultural activities in an agricultural
zone established under that Act, to hog farms.

11 August 2014
I PT 969
Sector: All sectors

Sub-Sector:


Type of Reservation: National treatment
Market Access


Measures: Cooperatives Act, CQLR, chapter C-67.2
Regulation Under the Cooperatives Act, CQLR, chapter C-67.2, r.
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
Quebec.

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.

11 August 2014
I PT 970
Sector: Forestry

Sub-Sector: Forestry and logging products, products of wood, cork, straw and
plaiting materials and pulp, paper and paper products




Measures: Act respecting the Ministre des Ressources Naturelles et de la
Faune, CQLR, chapter M-25.2,
Sustainable Forest Development Act, CQLR, chapter A-18.1


All timber harvested in the domain of the State, including biomass
volumes, must be completely processed in Qubec. However, the
Government may, on the conditions it determines, authorize the
shipment outside Qubec of incompletely processed timber from
the domain of the State if it appears to be contrary to the public
interest to do otherwise.

The Minister may take measures for the development of lands or
forest resources in the domain of the State that are under his
authority in order to encourage regional development or implement
any other related governmental policy.

11 August 2014
I PT 971

Sub-Sector: Horse racing


Market Access


Measures: Act Respecting Racing, CQLR, chapter C-72.1
Rules Respecting the Breeding of Qubec Standardbred
Racehorses, CQLR, chapter C-72.1, r. 6
Rules Respecting Certification, CQLR, chapter C-72.1, r. 1
Rules Respecting Betting Houses, CQLR, chapter C-72.1, r. 7
Rules Respecting Standardbred Horse Racing, CQLR, chapter C-
72.1, r. 8


Only a Canadian citizen may apply for a license to operate a race
track, a license to hold races or a license to operate a betting house.

Any person who applies for registration of a Standardbred stallion
with the Rgie des alcools, des courses et des jeux (RACJ) must be
a resident of Qubec for at 183 days.

Only a Qubec race horse, as defined in the Rules respecting the
breeding of Qubec Standardbred race horses, can be entitled to a
privilege or advantage.

11 August 2014
I PT 972





Measures: Act respecting the Socit des loteries du Qubec, CQLR, chapter
S-13.1
Act Respecting Lotteries, Publicity Contests and Amusement
Machines, CQLR, chapter L-6
Lottery Scheme Rules, CQLR, chapter L-6, r. 12
Rules Respecting Amusement Machines, CQLR, chapter. L-6, r. 2
Rules Respecting Publicity Contests, CQLR, chapter L-6, r. 6
Rules Respecting Video Lottery Machines, CQLR, chapter L-6, r. 3
Bingo Rules, CQLR, chapter L-6, r. 5


Any person who applies for a license to operate a lottery scheme
must be a Canadian citizen or, in the case of a company or
corporation, have an office in Qubec.

Any person who wishes to obtain an amusement machine
operators license or merchant license 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 Qubec.

With regard to video lottery machines operated somewhere other
than in a government casino, Rgie 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 licenses 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.

With respect to bingo, projects for which a charitable or religious
organization applies for an in-hall, media, or recreational bingo
11 August 2014
I PT 973
license must be carried out entirely in Qubec. Individuals or

companies that apply for a bingo suppliers license must have an
establishment in Qubec.

domiciled in Qubec.

11 August 2014
I PT 974

Sub-Sector: Beverages
Commission agents services
Retailing services


National Treatment


Measures: Act respecting the Socit des alcools du Qubec, CQLR, chapter
S-13
Regulation respecting cider and other apple-based alcoholic
beverages, CQLR, chapter S-13, r. 4
Regulation respecting wine and other alcoholic beverages made or
bottled by holders of a wine maker's permit, CQLR, chapter S-13,
r. 7
Regulation respecting alcoholic beverages made and bottled by
holders of a distiller's, CQLR, chapter S-13, r. 3
Regulation respecting the terms of sale of alcoholic beverages by
holders of a grocery permit, CQLR, chapter S-13, r. 6
Act respecting offences relating to alcoholic beverages, CQLR,
chapter I-8.1
Act respecting liquor permits, CQLR, chapter P-9.1
Regulation respecting liquor permits CQLR, chapter P-9.1, r. 5


The Socit des alcools du Qubec operates as a monopoly
responsible for the importation, distribution, supply, transport, sale,
trade and marketing of alcoholic beverages.

domiciled in Qubec.

11 August 2014
I PT 975

Retailing services


Market Access


Measures: Act respecting the Socit des alcools du Qubec, CQLR, chapter
S-13
Act respecting offences relating to alcoholic beverages, CQLR,
chapter I-8.1


Only those who own an establishment in Qubec may obtain a beer
distributors, brewers, distillers, wine makers, cider makers,
warehouse, small-scale production, or small-scale beer producers
permit.

Holders of a distillers permit may only sell the products they
produce or bottle to Socit des alcools du Qubec (SAQ), unless
they ship such products outside Qubec.
Holders of a small-scale production permit may sell the alcoholic
beverages they produce on their production premises.

11 August 2014
I PT 976

Hotel and other lodging services
Food serving services
Beverage serving services for consumption on the premises
Retailing services

Industry Classification: CPC 241, 242, 243, 62112, 62226, 63107, 641, 642, 643

Market Access


Measures: Act Respecting Liquor Permits, CQLR, chapter. P-9.1
Regulation Respecting Liquor Permits, CQLR, chapter P-9.1, r. 5


To obtain a liquor permit under the Act respecting Liquor permits,
persons who are not Canadian citizens must have been residing in
Qubec as a permanent resident of Canada, unless they apply for a
reunion permit or Man and His World permit as authorized
representatives of a government, country, Province, or State.

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 10% or more of
shares with full voting rights are Canadian citizens or have been
residing in Qubec as a permanent resident of Canada.
For certain product categories, marketing is carried out by holders
of a grocery license issued by Rgie des alcools, des courses et des
jeux (RACJ). Grocers must buy authorized alcoholic beverages
from an authorized distributor.

Liquor permit applicants who are not Canadian citizens must prove
that they have lived in Qubec 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% or more of shares with full voting
11 August 2014
I PT 977
rights and are not Canadian citizens that they have lived in Qubec
for at least one year.

The person entrusted to manage the establishment for a holder of a
permit authorizing the sale or service of alcoholic beverages for
consumption on a premise must have a Canadian social insurance
number.

With regard to reunion permits to sell alcohol, when the proceeds
of an event are to be used for the purposes of a nonprofit
corporation other than the permit applicant, the nonprofit
corporation must have an establishment in Qubec.

11 August 2014
I PT 978
Sector: Energy





Measures: Act respecting the Rgie de lnergie, CQLR, chapter R-6.01

Hydro-Qubec act, CQLR, chapter H-5


Qubec (including through the Rgie de lnergie and Hydro
Quebec) 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.
may involve discretionary decisions based on various factors, the
imposition of performance requirements and /or discrimination in
favor of residents of Quebec and/or entities established in
thereof and having a place of business and/or substantive business
operations within Quebec.

11 August 2014
I PT 979
Sector: Energy





Measures: Act respecting the exportation of electric power, CQLR, chapter E-
23,
Act respecting the Rgie de lnergie, CQLR, chapter R-6.01


Hydro-Qubec, municipal electric power systems, and
private electric power systems are holders of exclusive
electric power distribution rights.

The exportation of electric power from Qubec is prohibited.
The Qubec Government may nevertheless authorize, by
order, on the conditions and in the cases it determines, any
contract for the exportation of electric power from Qubec.

Contracts relating to the exportation of electric power by Hydro-
Qubec, including wheeling under a transportation service
agreement, must be submitted to the Government for authorization
in the cases determined by the Government and are subject to such
conditions as the Government may then determine.

11 August 2014
I PT 980

Sub-Sector: Real estate services involving own or leased property and real
estate services on a fee or contract basis




Measures: Real estate brokerage act, CQLR, chapter. C-73.2


The Real Estate Brokerage Act imposes residency requirements to
brokers and agencies. Therefore, a broker must have an
establishment in Quebec. In the case of a broker who acts on
behalf of an agency, the broker's establishment is the agency's
establishment. Any agency must have an establishment in Quebec.

11 August 2014
I PT 981

SASKATCHEWAN

Sector: Motor Vehicles

Sub-Sector: Sale of motor vehicles including automobiles and other road
vehicles


National Treatment

Level of Government: Provincial - Saskatchewan

Measure: The Motor Dealers Act, R.S.S. 1978, c.M-22;
The Motor Dealers Regulations, R.R.S. c.M-22 Reg 1


No license as a motor vehicle dealer shall be granted unless the
applicant for the license maintains in the province a place of
business satisfactory to the registrar and from which he
conducts his business, or a portion of his business, as a dealer.

11 August 2014
I PT 982
Sector: Fisheries

Sub-Sector: Services incidental to fishing


National Treatment


Measure: 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


Only a Saskatchewan resident is eligible to obtain a commercial
fishing license. Licenses may be restricted to residents of the
region of a local fishery.

11 August 2014
I PT 983



National Treatment


Measure: The Legal Profession Act, 1990, S.S. 1990-91, c.L-10.1;
Rules of the Law Society of Saskatchewan


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.

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.

11 August 2014
I PT 984



Market Access


Measure: The Notaries Public Act, R.S.S. 1978, c.N-8;
The Commissioners for Oaths Act, R.S.S. 1978, c.C-16


Only Canadian citizens residing within Saskatchewan can be
appointed a notary public for Saskatchewan.

Only Canadian citizens can be appointed as a commissioner for
oaths in and for Saskatchewan.

11 August 2014
I PT 985
Sector: Tourism

Sub-Sector: Other Services incidental to hunting
Services incidental to fishing
Tourist Guide Agencies
Own-account hunting


National Treatment


Measure: 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


Any person who wishes to hold an outfitters licence must be a
Saskatchewan resident and have a head office in Saskatchewan.

11 August 2014
I PT 986

Sector: Real Estate

Sub-Sector: Real estate services involving own or leased property
Real estate services on a fee or contract basis




Measure: The Real Estate Act, S.S. 1995, c.R-1.3;
The Real Estate Commission policies and bylaws


Every 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.

11 August 2014
I PT 987
Sector: Tourism

Sub-Sector: Services incidental to hunting,
tourist guide agencies,
own-account hunting


National Treatment


Measure: The Wildlife Act, 1998, S.S. c.W-13.12;
The Wildlife Regulations, c.W13.1 Reg 1


A fur licence holder must be a Saskatchewan resident.

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.

11 August 2014
I PT 988



National Treatment


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


Only gaming equipment, including video lottery terminals and slot
machines, owned or leased by the Government of Saskatchewan
may be operated in Saskatchewan.

11 August 2014
I PT 989

Sub-Sector: Passenger Transportation,
interurban scheduled bus passenger transportation,
non-scheduled motor buses, chartered buses and tour and
sightseeing buses




Measure: 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


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.
When considering an application for an operating authority certificate

or an amendment to an Operating Authority Certificate, the Highway
SafetyBoardmayconsiderwhetherpublicbusinesswillbepromotedby
theproposedundertaking.
Public business may be measured through a public convenience and

needstestwhichincludes:
examinationoftheadequacyofcurrentlevelsofservice;
market conditions establishing the requirement for expanded
service;
the effect of new entrants on public convenience, including the
continuityandqualityofservice;and,
fitness, willingness and ability of the applicant to provide proper
service.

11 August 2014
I PT 990
Sector: All Sectors

Sub-Sector:




Measure: The Business Corporations Act, R.S.S. 1978, c.B-10;
Private Acts of the Legislature of Saskatchewan establishing
corporate bodies


At least 25% of the directors of a corporation must be resident
Canadians (i.e. Canadian citizens or permanent resident), but if a
corporation has fewer than four directors, at least one director must
be a resident Canadian.

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.

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.

If the directors of a corporation appoint a committee of directors, at
least 25% of the members of the committee must be resident
Canadians.

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
11 August 2014
I PT 991
shares without the consent of those shareholders, and to purchase

its own shares on the open market.

11 August 2014
I PT 992
Sector: All Sectors

Sub-Sector:




Measure: The Co-operatives Act, 1996, S.S. 1998, c.C-37.3;
corporate bodies;
Practice and Policy of the Registrar of Co-operatives


A co-operative must have a registered office in Saskatchewan.

Membership may be limited to Canadians resident in
Saskatchewan.

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 cooperative.

The registrar may restrict the businesses in which a co-operative
may engage in the province.

11 August 2014
I PT 993
Sector: All Sectors

Sub-Sector:




Measures: The Non-profit Corporations Act, S.S. 1995, c.N-4.2;
corporate bodies


At least one director of a corporation must reside in Saskatchewan.

At least 25% of the directors of a corporation must be resident
Canadians (i.e. Canadian citizen), but if a corporation has fewer
than four directors, at least one director must be a resident
Canadian.

Directors of a charitable corporation shall not transact business at a
meeting of directors unless a majority of directors present are
resident Canadians.

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.

11 August 2014
I PT 994
Sector: All Sectors

Sub-Sector:


Performance Requirement


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


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% of its salaries and wages to Saskatchewan residents.

Tax credits are limited to persons liable to pay Saskatchewan
provincial and federal income tax.

11 August 2014
I PT 995
Sector: All Sectors

Sub-Sector:




Measures: The Community Bonds Act, S.S. 1990-91, c.C-16.1


All directors of the proposed community bond corporation are to
be residents of Saskatchewan.

11 August 2014
I PT 996
Sector: Agriculture

Sub-Sector: Agricultural land, products of agriculture and live animals and
animal products


National Treatment


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)


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.

A resident person means an individual who:
resides in Canada for at least 183 days in any year; or
is a Canadian citizen.

Non-Canadian residents and non-agricultural corporations may not
have or acquire an aggregate land holding exceeding 10 acres and
are restricted in the conditions under which they may own, control
directly or indirectly or otherwise deal with farmland holdings in
Saskatchewan.

Non-residents may not acquire an interest in land by participating
in limited partnerships.

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.

11 August 2014
I PT 997
Sector: Agriculture

Sub-Sector: Agriculture, mining and manufacturing,
services incidental to agriculture,
production and distribution services

Industry Classification: CPC 0291, 0292, 02122, 22, 8811 (excluding rental of agricultural
equipment with operator)



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, SR387/78;
The Saskatchewan Turkey Producers Marketing Plan, 1975,
SR275/75;


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.

11 August 2014
I PT 998
YUKON

Sector: All Sectors

Sub-Sector:



Level of Government Territorial - Yukon
Measures: Income Tax Act, R.S.Y. 2002, c.118


Under the Yukon Income Tax Act, a Yukon Small Business
Investment Tax Credit of 25% of the purchased share amount is
offered to Yukon residents who invest in eligible business
corporations. Yukon allocates $1 million annually, to distribute on
a first come, first served basis.

Eligible small business corporations must meet certain criteria
including maintaining a permanent establishment in Yukon, having
at least 50% of assets in Yukon, and paying at least 50% of salaries
in Yukon.

11 August 2014
I PT 999



National Treatment


Measures: Legal Profession Act, R.S.Y. 2002, c.134


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) anypersonwhohasbeendulycalledtothebarofaprovinceor
has been admitted to practice as an attorney, advocate,
barristerorsolicitorinaprovince,
b) any person who has completed 12 months of service in

Yukon under articles as a student-at-law approved by the
executive.

11 August 2014
I PT 1000

Sub-Sector: Notary Public



Level of Government Territorial Yukon

Measures: Notaries Act, R.S.Y. 2002, c.158


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.

11 August 2014
I PT 1001
Sector: Real Estate

Sub-Sector: Real estate services involving own or leased property and real
estate services on a fee or contract basis




Measures: Real Estate Agents Act R.S.Y. 2002, c.188
Regulation O.I.C., 1977/158, 1981/14, and 1990/136


Real estate agent applicants must:
be a resident of Yukon for a period of not less than three
months immediately prior to the application date, and
be licensed as a salesman in Yukon for at least one year prior
to submitting an application.

11 August 2014
I PT 1002
Sector: Tourism

Sub-Sector: Wilderness Tourism


National Treatment


Measures: Wilderness Tourism Licensing Act, R.S.Y. 2002, c.228
General Regulation, O.I.C. 1999/69


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.

The above measures permit the Government of Yukon to regulate
and issue various authorizations relating to wilderness tourism.
This may involve, among other things, the making of measures
tolimitownershiponthebasisofnationalityorresidence,
tolimitmarketaccess,and
tofavourCanadianpersonsandCanadianserviceproviders.

11 August 2014
I PT 1003
Sector: Tourism

Sub-Sector: Services incidental to hunting, trapping, outfitting and tourist
guides


Market Access

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. 1983/283
Parks and Land Certainty Act, R.S.Y. 2002, c.165
Hershel Island Park Regulation, O.I.C. 1990/038


Applicants for outfitting concessions, trapping concessions and
wilderness tourism licenses 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/ her concession.

An outfitting certificate is a yearly authorization 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
trappers licences and trapping concessions are issued to Yukon
residents only.

and issue various authorizations relating to tourism, including
services incidental to hunting, trapping, outfitting and tourist
guides. This may involve, among other things, the making of
measures

11 August 2014
I PT 1004
Sector: Fur Farming

Sub-Sector: Hides, skins and fur skins, raw
Services incidental to animal husbandry
Services incidental to hunting

Industry Classification: CPC 0297, 8812, and 8813

Market Access


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


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.

and issue various authorizations 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

11 August 2014
I PT 1005
Sector: Agriculture


Industry Classification: CPC 531 and 8811 (except rental of equipment with operator),
8812



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
2003, c.7


Corporate applicants for agricultural land use must be incorporated
in Canada or Yukon and the principle shareholders must be
Canadian citizens or landed immigrants who have resided
continuously in Yukon for one year.

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.

A majority of members of an agricultural association or
cooperative applicants must be Yukon residents.

and issue various authorizations relating to agriculture, including
agricultural land, forest and other wooded land. This may involve,
among other things, the making of measures
to limit ownership on the basis of nationality or residence,
to impose performance requirements,
to favour Canadian persons and Canadian service
providers, and
11 August 2014
I PT 1006
regarding the nationality or residence of senior

management and board of directors.

11 August 2014
I PT 1007
Sector: Agriculture

Sub-Sector: Services incidental to agriculture
Agricultural land, forest and other wooded land
Crown land leases and permits

Industry Classification: CPC 8811 (except rental of agricultural equipment with operator),
8812, 531



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
2003, c.7


In order to apply for a grazing agreement:
Individual applicants must be a Canadian citizen or have
permanent resident status; and have resided in Yukon for
one year prior to applying.
Corporate applicants must have a majority of shares held
by Yukon residents.
The majority of members of agricultural association or
cooperative applicants must be Yukon residents.

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
to limit ownership on the basis of nationality or residence,
11 August 2014
I PT 1008

providers, and

11 August 2014
I PT 1009
Sector: Agriculture

Sub-Sector: Production, transformation and transport of agricultural products,
food and marine products; services incidental to fishing

Industry Classification: CPC 01, 02, 04, , 881 (except 8811, rental of agricultural
equipment with operators, and 8814 services incidental to forestry
and logging, including forest management), 882, 531



Measures: Agricultural Products Act, R.S.Y. 2002, c.3
Meat Inspection and Abattoir Regulations, O.I.C. 1988/104
Yukon Agricultural Policy
2003, c.7


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
to limit ownership on the basis of nationality or
residence,
providers, and

11 August 2014
I PT 1010
Sector: Forestry

Sub-Sector: Agricultural, forest and other wooded land



Level of Government: Territorial Yukon

Measures: Forest Resources Act, S.Y. 2008, c.15
Forest Resources Regulation, O.I.C. 2010/171
2003, c.7


and issue various authorizations 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
toimposeperformancerequirements,
tofavourCanadianpersonsandCanadianserviceproviders,and
regarding the nationality or residence of senior management
andboardofdirectors.

11 August 2014
I PT 1011
Sector: Energy

Sub-Sector: Electrical energy and services incidental to energy distribution




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
2003, c.7


Yukon reserves the right to set or modify electricity rates.

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.

and issue various authorizations relating to energy, including
electrical energy and services incidental to energy distribution.
This may involve, among other things, the making of measures

11 August 2014
I PT 1012
Sector: Energy

Sub-Sector: Production, transmission, and distribution of electricity, gas, steam
and hot water; services incidental to energy distribution




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
2003, c.7


and issue various authorizations 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

11 August 2014
I PT 1013

Sub-Sector: Transportation via pipeline transportation of fuels, transportation
of other goods and services incidental to energy distribution




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
2003, c.7


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.

and issue various authorizations 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
11 August 2014
I PT 1014


11 August 2014
I PT 1015
Sector: Energy

Sub-Sector: Oil and gas, services incidental to energy distribution; crude
petroleum and natural gas; transport services via pipeline



Level of Government Federal/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
2003, c.7


and issue various authorizations 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

11 August 2014
I PT 1016

Sub-Sector: Wholesale trade services; food retailing services; liquor, wine and
beer stores; liquor, wine and beer; commission agents services;
production, manufacture and transportation of alcoholic beverages;
retailing services

Industry Classification: CPC 241, 242, 243, 62112, 62226, 63107, 8841, 7123 (except
71231, 71232, 71233, 71234)



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


and issue various authorizations relating to alcoholic beverages,
including wholesale trade services, food retailing services, liquor,
wine and beer stores, liquor, wine and beer, commission agents
services, production, manufacture and transportation of alcoholic
beverages and retailing services. This may involve, among other

11 August 2014
I PT 1017






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


and issue various authorizations 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

11 August 2014
I PT 1018
Sector: Veterinary Services

Sub-Sector: Veterinary services for pet animals and other veterinary services




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: Cross-Border Trade in Services & Investment

and issue various authorizations relating to veterinary services for
pet animals and other veterinary services. This may involve,
among other things, the making of measures
tolimitownershiponthebasisofnationalityorresidence,and

11 August 2014
I PT 1019
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



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
2003, c.7


and issue various authorizations 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

11 August 2014
I PT 1020

CETAServicesandInvestmentReservations
CanadaProvincialandTerritorialAnnexII
1August2014
1021
Annex II

Canada Cross-Border Trade in Services and Investment

ALBERTA

Sector: Recreational, cultural, and sporting services





Measures:


Alberta reserves the right to adopt or maintain any 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
providers that may carry out a specific economic
activity, whether in the form of numerical quotas,
monopolies, exclusive service providers or the

(b) limits the total value of transactions or assets in the
form of numerical quotas or the requirement of an
economic needs test;

(c) limits the total number of operations or the total
quantity of output expressed in terms of designated
numerical units in the form of quotas or the

1August2014
1022
(d) limits the total number of natural persons that may

be employed in a subsector 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 numerical quotas 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.

For greater certainty, 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 government entity
pursuant to Canadas Annex I reservation on page I - C- 4.

1August2014
1023

Sub-Sector: Beverages, commission agents' services, wholesale trade
services, retailing services (liquor, wine and beer, liquor wine
and beer stores), manufacture of food and beverages, on a




Measures:


in the above mentioned sectors that:





1August2014
1024



1August2014
1025
Sector: Forestry

Sub-Sector: Forest resource and processing




Measures:


relating to the production, processing, marketing, extraction
and development of forest resources and products derived
from them, that:





1August2014
1026



1August2014
1027
Sector: Fisheries

Sub-Sector: Fishing and services incidental to fishing




Measures:


relating tothe production, processing, and collective
marketing of aquaculture, marine and fish products,
that:





1August2014
1028



1August2014
1029
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




Measures:


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, but not limited to related
pipeline and marine distribution and transport services, and
(iii) the production, transport, distribution, furnishing, and
importation and exportation of electricity, that:





1August2014
1030




1August2014
1031
BRISTISH COLUMBIA

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




British Columbia reserves the right to adopt or maintain
any 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, but
not limited to, related pipeline and marine distribution and
transport services); or (iii) the production, transport,
distribution, furnishing and importation and exportation of
electricity, that:




1August2014
1032




the right of British Columbia to impose limitations on the

1August2014
1033
Sector: Forestry






any measure relating to the production, processing,
marketing, extraction and development of forest resources
and products derived from them, including the granting of
licenses, that:

(a) limits the number of covered investments that may
carry out a specific economic activity, whether in
the form of numerical quotas, monopolies,
exclusive providers or the requirement of an





1August2014
1034


1August2014
1035
Sector: Fisheries
Sub-Sector: Fishing and services incidental to fishing





any measure relating to the production, processing, and
collective marketing of aquaculture, marine or other fish
products that:






1August2014
1036


1August2014
1037






any 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:






1August2014
1038


1August2014
1039

Sub-Sector: Beverages, Wholesale
Liquor, Wine and Beer Stores
Retailing services





any measure relating to the importation, marketing,
licensing, sale and distribution of alcoholic beverages in the
province that:





1August2014
1040



1August2014
1041
MANITOBA

Sector: Fisheries

Subsector: Fish and other fishing products, wholesale trade services of
fisheries products, services incidental to fishing


Type of Reservations: Market Access


Measures:


Manitoba reserves the right to adopt or maintain any
measure limiting market access in the subsectors noted
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.

the right of Manitoba to impose limitations on the

1August2014
1042

Sector: Energy (oil and gas)

Subsector: Transport services via pipeline




Measures:




1August2014
1043
Sector: Alcoholic beverages

Subsector: Commission agents' services, wholesale trade services,
retailing services (liquor, wine and beer, liquor wine and beer
stores)
Beverages

Industry Classification: CPC 24, 62112, 62226, 63107.



Measures:




1August2014
1044
Sector: Energy

Subsector: Crude petroleum and natural gas, electrical energy and
services incidental to energy distribution




Measures:




1August2014
1045
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, 88430, 88441, 881(excluding rental of
agricultural equipment with operator and 8814)



Measures:




1August2014
1046

Subsector: Gambling and betting




Measures:




1August2014
1047
NEW BRUNSWICK

Sector: Energy

Sub-Sector: Electrical energy




Measures:


New Brunswick reserves the right to adopt or maintain any
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 maximum percentage limit on
foreign shareholding or the total value of individual or
aggregate foreign investment.

the right of New Brunswick to impose limitations on the
pursuant to Canadas Annex I reservation on I - C- 4.

1August2014
1048





Measures: Gaming Control Act (S.N.B. 2008, c. G-1.5)


New Brunswick reserves the right to adopt or maintain
monopolies in the sub sectors noted above.


1August2014
1049

Sub-Sector: Commission agents' services, wholesale trade services,
retailing services (liquor, wine and beer, liquor, wine and
beer stores), alcoholic beverages




Measures: New Brunswick Liquor Corporation Act (S.N.B. 1974, c. N-
6.1)


New Brunswick reserves the right to adopt or maintain any
measure limiting market access in the sub-sectors listed


1August2014
1050

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, 88430, 88441, 881 (excluding rental of




Newfoundland and Labrador reserves the right to adopt or
maintain any measure relating to the above subsectors that:

(a) limits the number of covered investments or
service providers, whether in the form of
numerical quotas, monopolies, exclusive
service providers or the requirement of an

(b) restricts or requires a specific type of legal
entity or joint venture through which an
investor may perform an economic activity.

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
government entity pursuant to Canadas Annex I
reservation on page I - C- 4.

Sector: Fishing and Hunting

1August2014
1051

Sub-Sector: Edible products of animal origin, raw skins of other
animals, fish and other fishing products, other meat and
edible offal, fresh, chilled or frozen, 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, 2162, 2831, 212, 62112,
62224, 8813 and 882






(b) restricts or requires the specific type of legal


1August2014
1052
Sector: Energy

Sub-Sector: Electrical energy and services incidental to energy
distribution








1August2014
1053







(b) restricts or requirs the specific type of legal


1August2014
1054

Sub-Sector: Transportation services via pipeline




maintain any measure relating to the above subsector that:




1August2014
1055
Sector: Energy

Sub-Sector: Crude petroleum and natural gas, services incidental to
energy distribution









1August2014
1056
THE NORTHWEST TERRITORIES


Sub-Sector: Services incidental to animal husbandry, services incidental
to hunting



Level of Government: Territorial Northwest Territories

Measures:


Northwest Territories reserves the right to adopt or
maintain any 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 maximum percentage limit on foreign
shareholding or the total value of individual or aggregate
foreign investment.

the right of the Northwest Territories to impose limitations
on the participation of foreign capital when selling or
existing government enterprise or an existing government
entity pursuant to Canadas Annex I reservation on page I -
C- 4.

1August2014
1057

Sub-Sector: Alcoholic beverages, wholesale trade of beverages, retail
sale of beverages not consumed on the spot, sales on a fee
or contract basis of food products, beverages and tobacco



Level of Government Territorial Northwest Territories

Measures:


foreign investment.

C- 4.

1August2014
1058
Sector: Forestry

contract basis

Industry Classification: CPC 03, 321, 88430, 88441, 881(excluding rental of



Measures:


foreign investment.

C- 4.

1August2014
1059





Measures:


foreign investment.

the right of the Northwest Territories a to impose

1August2014
1060
Sector: Energy

Sub-Sector: Electrical energy, transportation services via pipeline,




Measures:


foreign investment.

C- 4.

1August2014
1061
Sector: Energy
Sub-Sector: Crude petroleum and natural gas, pipeline transport,




Measures:


maintain any measure limiting market access in the
exploration, production, extraction and development of
crude petroleum or natural gas, with the exception of
aggregate foreign investment.,

maintain any measure granting exclusive rights to operate a
distribution or transportation system, including, but not
limited to related pipeline and marine distribution and
transport services.

C- 4.

1August2014
1062
Sector: Fisheries

Sub-Sector: Fish and other fishing products, wholesale trade of fishing
products, services incidental to fishing




Measures:


foreign investment.

the right of the Northwest Territories a to impose

1August2014
1063
Sector: Land Transport Services

Sub-sector: Other Land Transport Services

Industry Classification: 7121, 71222




Nunavut reserves the right to adopt or maintain economic
needs tests for the provision of urban and interurban bus
transportation services. Main criteria include 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

1August2014
1064
NOVA SCOTIA

Sector: Forestry

contract basis





Nova Scotia reserves the right to adopt or maintain any
measure limiting market access in the sub-sectors noted

the right of Nova Scotia to impose limitations on the

1August2014
1065
Sector: Fisheries and Hunting

Sub-Sector: Edible products of animal origin, raw skins of other
animals, fish and other fishing products, other meat and
edible offal, fresh, chilled or frozen 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, 2162, 2831, 212, 62112,
62224, part of 71231, 8813, 882



Description: Cross-border Trade in Services and Investment


the right of the Nova Scotia to impose limitations on the

1August2014
1066
Sector: Energy

Sub-Sector: Electrical energy and services, incidental to energy
distribution






1August2014
1067
Sector: Energy

Sub-Sector: Crude petroleum and natural gas, services incidental to
energy distribution







1August2014
1068







1August2014
1069

Sub-sector: Beverages, Wholesale Liquor, Wine and Beer Stores,
Commission Agents Services, Wholesale Trade Services,
Retailing Services




Measures:


The Province of Nova Scotia reserves the right to adopt or
foreign investment.


1August2014
1070

Sub-Sector: Transportation services via pipeline




measure limiting market access in the sub-sector noted


1August2014
1071
NUNAVUT

Sector: Animal husbandry and hunting

Sub-Sector: Services incidental to animal husbandry and hunting




Measures:


Nunavut reserves the right to adopt or maintain any

the right of Nunavut to impose limitations on the

1August2014
1072

Sub-Sector: Beverages, wholesale trade of beverages; retail sale of
beverages not consumed on the spot, sales on a fee or
contract basis of food products, beverages and tobacco




Measures: Liquor Act, RSNWT, 1988, c. L-9



Nunavut has the authority under the Liquor Act, RSNWT,
1988, c. L-9 to import, purchase, produce, distribute,
supply, market, and sell alcoholic beverages in Nunavut
and to conduct such activities through a territorial
monopoly.


1August2014
1073





Measures:




1August2014
1074
Sector: Fisheries

Sub-Sector: Fish and other fishing products, wholesale trade of fishing
products, services incidental to fishing

Industry Classification: CPC 04 62224, 882



Measures:




1August2014
1075
Sector: Energy

Sub-Sector: Electrical energy, electricity distribution or control
apparatus, services incidental to energy distribution




Measures:


measures limiting market access in the sub-sectors noted

Nunavut maintains a monopoly on the production,
generation, development, transmission, distribution,
delivery, supply and exportation of electricity and related
services under the Qulliq Energy Corporation Act, RSNWT
1988, c. N-2, s. 5.1.


1August2014
1076
Sector: Energy
Sub-Sector: Crude petroleum and natural gas, pipeline transport,




Measures:



Nunavut also reserves the right to adopt or maintain any
measure limiting market access related to oil and gas
development.


1August2014
1077

Sub-Sector: Freight transport by sea




Measures:




1August2014
1078
Sector: Land Transport Services

Sub-sector: Other Land Transport Services

Industry Classification: 7121, 71222



Measures:


Nunavut reserves the right to adopt or maintain economic
needs tests for the provision of urban and interurban bus
transportation services. Main criteria include 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.

1August2014
1079
ONTARIO

Sector: Energy

Crude petroleum and natural gas
Petroleum gases and other gaseous hydrocarbons
Transport services via pipeline

Industry Classification: CPC 17 Electrical energy

CPC 120 Crude petroleum and natural gas
CPC 334 Petroleum gases and other gaseous hydrocarbons,
except natural gas
CPC 713 Transport services via pipeline
CPC 887 Services incidental to energy distribution



Measures:


Ontario reserves the right to adopt or maintain any 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, but
not limited to, electricity, natural gas, and renewable
energy), 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.

Ontario reserves the right to adopt or maintain any measure
limiting market access in the granting of exclusive rights to
own and/or operate a transmission or distribution system or

1August2014
1080
to produce, generate, store, sell, retail or market energy

(including, but not limited to, electricity, natural gas or
renewable energy).

the right of Ontrario to impose limitations on the

1August2014
1081


Sector: Fisheries and Aquaculture

Sub-sector: Fish and other fishing products, wholesale trade services of
fisheries products, services incidental to fishing


Type of Reservation Market access


Measures:


The Province of Prince Edward Island reserves the right to
adopt or maintain any measure limiting market access in
the sub-sectors noted above, with the exception of measures
foreign investment.

the right of Prince Edward Island to impose limitations on
the participation of foreign capital when selling or
C- 4.

1August2014
1082
Sector: Energy

Sub-sector: Renewable energy systems; electrical energy, oil and
natural gas, services incidental to energy distribution




Measures:


foreign investment.

C- 4.

1August2014
1083
Sector: Forestry

Sub-sector: Forestry and logging products, forest resource processing;
contract basis




Measures:


foreign investment.

C- 4.

1August2014
1084

Sub-sector: Gambling and Betting

Industry Classification: 96492



Measures:


foreign investment.

C- 4.

1August2014
1085

Sub-sector: Beverages, Wholesale Liquor, Wine and Beer Stores,
Commission Agents Services, Wholesale Trade Services,
Retailing Services




Measures:


foreign investment.

C- 4.

1August2014
1086
QUBEC

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 (excluding rental of
agricultural equipment with operator), 8812, 882

Type of Reservation: Market Access (Articles ___ and ___)

Level of government: Provincial Qubec


Qubec reserves the right to adopt or maintain any 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 maximum

Qubec also reserves the right to adopt or maintain any
measure limiting market access in connection with the
issuance of permits under the Food Products Act.

Such measures include, but are not limited to, imposing
public interest tests and taking into account socio-economic
factors.

the right of Qubec to impose limitations on the

1August2014
1087


Existing Measures: Food products act, R.S.Q., c. P-29;
Act to regularize and provide for the development of local
slaughterhouses, R.S.Q., c. R-19.1
Act respecting the marketing of agricultural, food and fish
products, R.S.Q., c. M-35.1
Act respecting the marketing of marine products, R.S.Q., c.
C-32.1;
Marine products processing act R.S.Q., c. T-11.01

1August2014
1088
Sector: Energy

Sub-sector: Electricity energy, services incidental to energy distribution





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

Qubec reserves the right for the purposes of the activities
mentioned in the preceding paragraph, to adopt or maintain
any 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.

The Company Hydro-Qubec is the holder of exclusive
rights regarding the production, transmission, distribution
and exportation of electricity. Qubec reserves the right to
adopt or maintain powers and rights of the Company for the
purposes of the activities mentioned previously.

Such measures include, but are not limited to, taking into
account socio-economic factors.


1August2014
1089


Existing Measures: Hydro-Qubec act, R.S.Q., c. H-5
Act respecting the exportation of electric power, R.S.Q)., c.
E-23
Act respecting the Rgie de l'nergie, R.S.Q., c. R-6.01
Act respecting municipal and private electric power
systems, R.S.Q., c. S-41
Act respecting the ministre des Ressources naturelles et de
la Faune, R.S.Q., c. M-25.2
Act respecting threatened or vulnerable species, R.S.Q., c.
E-12.01
Loi sur la Cooprative rgionale dlectricit de Saint-
Jean-Baptiste de Rouville et abrogeant la Loi pour
favoriser llectrification rurale par lentremise de
coopratives dlectricit, L.Q. 1986, c. 21
Watercourses act, R.S.Q., c.R-13

1August2014
1090
Sector: Energy

Sub-sector: Crude petroleum and natural gas, Transport services via
pipeline, Services incidental to energy distribution


Type of Reservation: Market Access (Article ___ and ___)



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

Qubec also reserves the right to adopt or maintain any
measure limiting market access in oil and gas development.


Existing Measures: Act respecting the Rgie de lnergie, R.S.Q., c. R-6.01
Mining act, R.S.Q., c. M-13.1

1August2014
1091

Sub-sector: Gambling and betting





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

The Socit des loteries du Qubec is or may be granted a
monopoly in the activities mentioned above.


Existing Measures: Act respecting the Socit des loteries du Qubec, R.S.Q.,
c. S-13.1,
Act respecting lotteries, publicity contests and amusement
machines,
1990, c. 46, s. 18. R.S.Q., c. L-6
Act respecting racing, R.S.Q., c. C-72.1

1August2014
1092
Sector: Forestry

Sub-sector: Wood in the rough, products of wood, cork, straw and
plaiting materials, pulp, paper and paper products; printed
matter and related articles





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

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

Such measures include, but are not limited to, imposing
public interest tests and taking into account socio-economic
factors.


1August2014
1093

Existing Measures: Act respecting the marketing of agricultural, food and fish
products, R.S.Q., c. M-35.1
Forest act, R.S.Q. c. F-4.1
Sustainable Forest Development act, R.S.Q., c. A-18.1
Act respecting the Ministre des Ressources naturelles et de
la Faune, R.S.Q., c. M-25.2

1August2014
1094
SASKATCHEWAN

Sector: Recreational, Cultural, and Sporting Services



Level of Government: Provincial Saskatchewan


Measures:


Saskatchewan reserves the right to adopt or maintain any
measure to limit the number of covered investments or
service suppliers whether in the form of numerical quotas,
monopolies, exclusive suppliers or the requirements of an
economic needs test.

measure to restrict or require specific types of legal entity
or joint venture through which an investor may perform an
economic activity in the sub-sectors noted above.

the right of Saskatchewan to impose limitations on the

1August2014
1095

Sub-Sector: Beverages, Wholesale
Liquor, Wine and Beer Stores
Retailing services




Measures:





1August2014
1096
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
Electrical energy
Producer gas
Transport Services via Pipeline




Measures:





1August2014
1097
YUKON


Sub-Sector: Wholesale trade of beverages; retail sale of beverages not
consumed on the spot, sales on a fee or contract basis of
food products, beverages and tobacco

(except 71231, 71232, 71233, 71234)



Measures:


Yukon reserves the right to adopt or maintain any measure
limiting market access in advertising, storage, manufacture,
distribution, transport, sale and trade of alcoholic
beverages, with the exception of measures imposing

The Yukon Liquor Corporation is the sole commercial
importer of alcoholic beverages into Yukon. In-territory
manufacturers of alcoholic beverages are allowed to
operate a retail outlet at the manufacturing facility as a
manufactures agent of the Yukon Liquor Corporation.

the right of Yukon to impose limitations on the

1August2014
1098





Measures:


limiting market access in the ownership and operation of
gambling and gaming facilities, with the exception of

The above measures permit Yukon 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.


1August2014
1099
Sector: Energy

Sub-Sector: Crude petroleum and natural gas, Transport services via
pipeline Services incidental to energy distribution




Measures:


limiting market access in the exploration, production,
extraction and development of oil and gas, with the

granting exclusive rights to operate a natural gas or oil
distribution or transportation system, including, but not
limited to activities related to oil and natural gas pipeline
and marine distribution and transport services.


1August2014
1100
Sector: Energy

gas, steam and hot water, electricity, and related services

Industry Classification: CPC: 17, 887



Measures:


limiting market access in:
3. water power;
4. the production, transport, distribution, furnishing,
and exportation of electricity;
5. the commercial and industrial uses of water; and
6. services incidental to energy distribution.
with the exception of measures imposing limitations on the

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.


1August2014
1101
Sector: Forestry





Measures:


limiting market access in activities related to forestry and
logging products, with the exception of measures imposing


1August2014
1102
Sector: Forestry and Agriculture

Sub-Sector: Services incidental to agriculture
Agricultural land, forest and other wooded land
Crown land leases and permits

Industry Classification: CPC: 8811 (excluding rental of agricultural equipment with
operator), 8812, 531, 03



Measures:


limiting market access in agricultural land, forest resources,
and grazing agreements, with the exception of measures
foreign investment.


1August2014
1103
Sector: Fisheries

Sub-Sector: Fish and other fishing products; services incidental to
fishing




Measures:


limiting market access in fisheries, with the exception of


1August2014
1104

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



Measures:


limiting market access in research and development
services, with the exception of measures imposing


1August2014
1105
Sector: Recycling

Sub-Sector: Recycling on a fee or contract basis




Measures:


limiting market access related to recycling, with the


4 August 2014
1106
Canada-European Union Comprehensive Economic and Trade Agreement (CETA) Negotiations

Financial Services Offer
CANADA

4 August 2014
1107
Annex XX: Financial Services Non-Conforming Measures

84

1. The Schedule of a Party to this Annex sets out:

(a) headnotes that limit or clarify the commitments of a Party with respect to the
obligations described in subparagraphs (b) and (c);

(b) in Section I, the reservations taken by that Party, pursuant to Article 9(1) and (2)
(Financial Services, Non-Conforming Measures), with respect to existing measures that do not
conform with obligations imposed by articles relating to:

(i) National Treatment (Article 3);

(ii) Most-Favoured-Nation Treatment (Article 4);

(iii) Market Access (Article 6);

(iv) Cross-Border Trade in Financial Services (Article 7);

(v) Senior Management and Boards of Directors (Article 8); or

(vi) Performance Requirements (Article X)

(c) in Section II, the reservations taken by the Party, pursuant to Article 9(3), for
measures the Party may adopt or maintain that do not conform with obligations
imposed by Article 3, 4, 6,7, or 8.

2. Each reservation in Section I sets out the following elements:



(c) Type of Reservation specifies the obligation referred to in paragraph 1(b) for
which the reservation is taken;

84
Subject to legal review for consistency with Annexes I and II (Services and Investment).

4 August 2014
1108
(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 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 any subordinate measure adopted or maintained under the
authority of and consistent with the measure.

(f) Description sets out references, if any, for liberalization on the date of entry into
force of this Agreement pursuant to other sections of a Party'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 II sets out the following elements:



(c) Type of Reservation specifies the obligation referred to in paragraph 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 I, 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:

4 August 2014
1109
(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 II, all elements of the reservation shall be
considered. The Description element shall prevail over all other elements.

6. Where a Party 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 Schedule entry for that measure taken with respect to Article 3, 4, 6 or 7 shall operate
as a Schedule entry with respect to Article xx (Investment Chapter, NT), xx (Investment Chapter,
MFN), or xx (Investment Chapter, Performance Requirements) to the extent of that measure.

4 August 2014
1110
Headnotes
1. Commitments under the 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 I or II does not mean that it cannot
otherwise be justified as a measure adopted or maintained for prudential reasons
pursuant to Article 15 (Prudential Carve-Out).
3. To clarify Canadas commitment with respect to Article 6 (Market Access), juridical
persons supplying financial services and constituted under the laws of Canada are
subject to non-discriminatory limitations on juridical form
85
.
4. Article 9(1)(c) (Non-Conforming Measures) shall not apply to non-conforming
measures relating to Article 6(1)(b) (Market Access).

85
For example, partnerships and sole proprietorships 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 a financial institution of the other Party between branches or
subsidiaries.

4 August 2014
1111
Annex III

Canada Financial Services

Section I

Sector: Financial services

Subsector: All



Measures: Sections 159, 159.1 of the Bank Act, section 167 of the
Insurance Companies Act
Section 163 of the Trust and Loan Companies Act
Foreign Institutions Subject to the Canadian Residency
Requirements Regulations (Insurance Companies)
Foreign Institutions Subject to the Canadian Residency
Requirements Regulations (Trust and Loan Companies)
Section 169 of the Cooperative Credit Associations Act
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 either Canadian citizens ordinarily resident in Canada or permanent residents
ordinarily resident in Canada.

*


Subsector: Insurance and insurance-related services

4 August 2014
1112


Measures: Sections 13, 22-28, 571, 572, 573, 574 of the Insurance
Companies Act
Description:

Insurance services in Canada can be effected only through:

(i) a corporation incorporated under federal or provincial laws;
(ii) a corporation incorporated by or under the laws of a jurisdiction outside Canada that
establishes a branch in Canada;
(iii) an association formed on the plan known as Lloyds; or
(iv) reciprocal insurance exchanges.

*


Subsector: Banking and other financial services (excl. insurance)



Measures: Sections 22 to 28, section 524 of the Bank Act

Description:

A bank in Canada shall be incorporated under the Bank Act.
In order to establish a bank branch, a foreign bank must be
incorporated by or under the law of another jurisdiction outside Canada (i.e., an authorised
foreign
bank).

4 August 2014
1113

*




Measures: Section 540 of the Bank Act
Sales or Trades (Authorized Foreign Banks) Regulations

Description:

A lending bank branch in respect of its business in Canada can only
(a) accept deposits or otherwise borrow money by means of financial instruments from, or
(b) guarantee any securities or accept any bills of exchanges issued by any person that are sold to
or traded with
(i) a financial institution (other than a foreign bank), or
(ii) a foreign bank that:
(A) 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;
(B) provides financial services and has a name that includes the word "bank";
"banque" "banking" or "bancaire"; and
(C) 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 instruments, securities or bills of exchange cannot be subsequently sold or traded.

*


Sub-Sector: All

4 August 2014
1114


Measures: Trust and Loan Companies Act, S.C. 1991, c.45, s.21
Bank Act, S.C. 1991, c.48, s. 22, 27, 28, 47
Cooperative Credit Associations Act, S.C. 1991, c.48, s.23 31.7
Insurance Companies Act, S.C. 1991

Description:

Federal laws do not permit a trust and loan company, credit union or fraternal benefit society
inCanada to be established through branches of corporations organized under a foreign countrys
law.

***


Subsector: All



Measures: Bank Act, S.C. 1991, s. 522
Insurance Companies Act, S.C. 1991, s. 574

Description:

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.

A branch of a foreign insurance company must be established directly under the foreign
insurance
company incorporated in the jurisdiction where the foreign insurance company, either directly or
through a subsidiary, principally carries on business.

4 August 2014
1115
ALBERTA


Sub-Sector: Insurance and insurance related services
Direct insurance and reinsurance and retrocession


Level of Government: Provincial Alberta

Measures: Insurance Act, I-3 RSA 2000

Description:

Insurance services can be provided only through:
i) a corporation incorporated under Alberta statutes;
ii) an extra-provincial insurance corporation, i.e., an insurer incorporated by, or
under the laws of another Canadian jurisdiction ;
iii) a federally-authorized branch of a foreign corporation;
iv) an association formed on the plan known as Lloyds;
v) Reciprocal insurance exchanges;
vi) Fraternal societies; or
vii) Special brokers.

*



National Treatment



Description:

4 August 2014
1116
Subsidiaries of foreign insurance corporations must be federally-authorized.

*


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

Market Access
Cross-border Trade in Financial Services



Description:

A fee payable to the province of 50 percent of the premium paid and regulatory notification are
required on insurance of risks in the province by anunlicensed insurer, unless such insurance is
placed by a special broker licensed in Alberta.

For greater certainty, a licensed special broker is not required to be resident in Alberta and a
licensed insurer is not required to have a commercial presence in
Alberta. .

*

*

4 August 2014
1117


Sub-Sector: Banking and other financial services (excluding insurance)
Trust and loan companies



Measures: Loan and Trust Corporations Act, L-20 RSA 2000; Loan and
Trust Corporations Regulation, 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.

*




Measures: Loan and Trust Corporations Act, L-20 RSA 2000
Loan and Trust Corporations Regulation, 171/1992

Description:

At least three quarters of the directors must be ordinarily resident in Canada.

*


4 August 2014
1118

Credit unions, caisses populaires and associations or groups
thereof



Measures: Credit Union Act, C-32 RSA 2000;
Credit Union Regulation, 249/1989

Description:

A credit union must be incorporated in Alberta.

*


thereof



Measures: Credit Union Act, C-32 RSA 2000
Credit Union Regulation, 249/1989

Description:

Directors of credit unions must be Canadian citizens or permanent residents of Canada and
three-
quarters must at all times be ordinarily resident in Alberta.

*


4 August 2014
1119

Advisory and auxiliary financial services

Cross-Border Trade in Financial Services


Measures: Securities Act, S-4 RSA 2000

Description:

Where an advisor provides advice in Alberta such services must be supplied through a
commercial
presence.

*


Trading in securities and commodities futures persons

National Treatment

Measures: Securities Act, S-4 RSA 2000, s.75

Description:

There is a requirement for an individual or firm to register in order to trade through dealers
that are neither resident nor registered in Alberta.

*


4 August 2014
1120

Custodial services


Level of Government:
Provincial Alberta

Measures: Securities Act, RSA 2000

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 $100 million.

***

4 August 2014
1121
BRITISH COLUMBIA


Subsector: Banking and other financial services
Credit unions, caisses populaires and associations or groups thereof
Insurance and insurance-related services



Measures: Financial Institutions Act [RSBC 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.





Measures: Financial institutions Act (RSBC 1996) Chapter 141 s.75-76

Description:

i) a corporation incorporated under British Columbia statutes;

4 August 2014
1122

iv) an association formed on the plan known as Lloyds; or
v) Reciprocal insurance exchanges.

*

Subsector: Insurance and Insurance-Related Services
Direct Insurance, Reinsurance and Retrocession



Measures: Financial Institutions Act (s.48, s.49, s.50 and s.51) [applies to
trust, insurance, and holding companies]

Description:

Incorporation, share acquisition or application for business authorization, where any person
controls or
will control 10 per cent or more of the votes of the company, is subject to approval by the
financial
institutions commission.
*

Reinsurance and retrocession



Measures:

Description:

Services must be supplied through a commercial presence.

4 August 2014
1123

*


Subsector: Banking and other financial services (excluding insurance)
[All payment and money transmission services (CPC 81339) - trust
and loan companies]



Measures: Financial Institutions Act (s 48, s.49, s.50 and s.51)

Description:

Incorporation, share acquisition or application for business authorization, where any person
controls or
will control 10 per cent or more of the votes of the company, is subject to approval by the
financial
institutions commission.

*



National Treatment
Cross Border Trade in Financial Services

Measures: Securities Act [RSBC 1996] c. 418

4 August 2014
1124
Description:

There is a requirement for an individual or firm to register in order to trade through dealers and
brokers
that are neither resident nor registered in British Columbia.

*


Custodial Services



Measures: BC Reg. 20/2000, NI 81-102: Mutual Funds, Part 6 (under the
Securities Act [RSBC 1996] c. 418

Description:

sub-
custodian may be used if the sub-custodian has shareholders equity of at least $100 million.

***

4 August 2014
1125

MANITOBA





Measures: The Insurance Act, CCSM C. 140

Description:

i) a corporation incorporated under Manitoba statutes;
iv an association formed on the plan known as Lloyds;
vi) Fraternal societies; or
vii) Special brokers.

*

Intermediation of insurance contracts

Market Access


4 August 2014
1126
Measures: The Insurance Act, CCSM c. 140 S. 381(2)(a)

86

Description:

A license to act as a special broker authorized to place insurance coverage with unlicensed
insurers is
restricted to residents of Manitoba.

*





Measures: The Corporations Act, CCSM c. 225

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.

*


Loan and trust companies

Type of Reservation:
Market Access
National Treatment


86
As of 21 July 2014, measure has been repealed by Manitoba legislature but not proclaimed nto
forc.

4 August 2014
1127

Measures: The Corporations Act, CCSM 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.

*






Description:

A non-resident shareholder may not vote, nor cause to be voted, his/her/its shares unless the non-
resident is the registered shareholder of the shares (s. 346(1) and (2)).

*






4 August 2014
1128
Description:

. For provincially incorporated trust and loan
companies, a majority of directors must be residents of Canada (s. 321(6)).

*


thereof



Measures: The Credit Unions and Caisses Populaires Act, CCSM c.C301

Description:

A credit union or caisse populaire must be incorporated in Manitoba.

The purpose of a credit union is to provide financial services on a co-operative 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 co-
operative basis to its members, and for such services to be directed or controlled by French-
speaking individuals who are resident in Manitoba.

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 6 months in a year. A
reference in the English version of the 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.

*




4 August 2014
1129


Measures: The Credit Unions and Caisses Populaires Act, CCSM c. C301

Description:

A director of a credit union or caisse populaire must be a resident of Canada.

*


Community bond corporations



Measures: The Agricultural Societies Act, CCSM c.A30

Description:

Directors of Community Bonds corporations must be resident of Manitoba.

*



National Treatment


Measures: The Securities Act, CCSM C. S50

Description:

4 August 2014
1130

brokers
that are neither resident nor registered in Manitoba.

*


Trading in securities and commodity futures and advisory and
auxiliary financial services - dealers, brokers, advisers



Measures: The Securities Act, C.C.S.M. c. S50

Description:

Where the applicant is a corporation, at least one officer or director must have the usual
residence
qualification, and where the applicant is a partnership, at least one partner or member who is an
individual must have the usual residence qualification.

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.

*


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

4 August 2014
1131
futures; advisory and auxiliary financial services; dealers, brokers,

advisors

Type of Reservation:
National Treatment

Measures: The Securities Act, C.C.S.M. c. S50

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/she wishes to operate at the date of application.
*


Custodial services


Measures: The Securities Act, CCSM c.S50

Description:


***

4 August 2014
1132
NEW BRUNSWICK





Measures: Insurance Act (R.S.N.B., 1973, c.1-12)

Description:

i) a corporation incorporated under New Brunswick statutes;
iv) an association formed on the plan known as Lloyds; or
v) Reciprocal insurance exchanges.

*





Measures: Loan and Trust Companies Act (S.N.B. 1987, c.-L-11.2)

Description:

4 August 2014
1133
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.

*


Trust and loans companies




Description:

At least two of the directors of a trust or loan company must be resident in New Brunswick.

*



National Treatment



Description:

Incorporation or registration will be refused unless authorities are satisfied that there exists a
public benefit and advantage for an additional corporation

4 August 2014
1134

*



National Treatment


Measures: Securities Act (S.N.B., 2004, c.S-5.5)

Description:

brokers that are neither resident nor registered in New Brunswick.

*


thereof



Measures: Credit Unions Act (R.S.N.B., 2004, c.S-5.5)

Description:

Must incorporate in New Brunswick.

*


4 August 2014
1135




Measures: Securities Act (S.N.B., 2004, c.S-5.5)

Description:

Directors of Community Bonds corporations must be resident of New Brunswick.

*

Custodial services



Measures: Securities Act, SNB 2004

Description:


***

4 August 2014
1136




Level of Government: Provincial Newfoundland and Labrador

Measures: Insurance Adjusters, Agents and Brokers Act, RSNL 1990, 1-9

Description:

i) a corporation incorporated under Newfoundland and Labrador statutes;
vi) Fraternal societies;
vii) Special brokers;
viii) Sororal societies; or
ix) Mutual benefits societies.

*


Reinsurance and Retrocession

National Treatment


4 August 2014
1137
Measures: Insurance Companies Act, RSNL 1990, 1-10

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 percent of the risks undertaken by the insurer
purchasing the reinsurance.

*





Measures: Corporations Act, RSNL 1990, C-36: Trust and Loan
Corporations Act SNL 2007 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.

*


thereof



Measures: Credit Union Act 2009, SNL 2009, C-37.2

4 August 2014
1138

Description:

Must incorporate in Newfoundland and Labrador.

*


Trading in securities



Measures: Securities Act, RSNL 1990 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.

*




4 August 2014
1139
National Treatment


Measures: Securities Act, RSNL 1990 S-13

Description:

brokers that are neither resident nor registered in Newfoundland and Labrador.

*

Custodial services


Level of Government: Provincial- Newfoundland and Labrador

Measures: Securities Act, RSNL 1990 1-13

Description:


***

4 August 2014
1140




Level of Government: Territorial- Northwest Territories

Measures: Insurance Act, I-3 RSNWT 1988, c.1-5,211

Description:

i) a corporation incorporated under Northwest Territory statutes;
v) Reciprocal insurance exchanges; or
vi) Fraternal societies.

*





Measures: Business Corporations Act, RSNWT 1988, c.C-23

Description:

Federal or provincial incorporation is required.

4 August 2014
1141

thereof



Measures: Credit Union Act, RSNWT, 1988, c.C23

Description:

Must incorporate in Northwest Territories.

*



National Treatment


Measures: Securities Act, RSNWT. 1998, c.10

Description:

brokers that are neither resident nor registered in Northwest Territories

*


4 August 2014
1142
Custodial services

Cross-border Trade in Financial Serivces


Measures: Securities Act, RSNWT 2008, c.10

Description:


***

4 August 2014
1143
NOVA SCOTIA





Measures: Insurance Act, RSNS 1989, c 231; Licensing of Insurers
Regulations, or any other subsidiary measures made thereto

Description:

i) a corporation incorporated under Nova Scotia statutes;
vi) Fraternal societies; vii) Special brokers;
viii) Sororal societies; or
ix) Mutual benefits societies.

*





4 August 2014
1144

Measures: Insurance Act, RSNS 1989

Description:

Services must be supplied through a commercial presence in Nova Scotia.

*



National Treatment


Measures: Trust and Loan Companies Act, SNS 1991, c.7 and any
subsidiary measures made thereto

Description:

Incorporation or registration will be refused unless authorities are satisfied that there exists a
public
benefit and advantage for an additional corporation.

*





4 August 2014
1145
Measures: Trust and Loan Companies Act, SNS 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 the Province
and a majority of the directors shall be ordinarily resident in Canada.

*





Measures: Trust and Loan Companies Act, SNS 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.

*


Credit Unions

Type of Reservation: Senior Management and Board of Directors
National Treatment


Measures: Credit Union Act, RSNS 1994, c.4
Credit Union Act, 1985, c-45.1, 1984-85-86

4 August 2014
1146
Description:

Directors of a credit union must be a Canadian citizen.
*


thereof



Measures: Credit Union Act, RSNS 1994, C-4

Description:

Must incorporate in Nova Scotia.

*

Sector: Business Services Industries

Subsector: Residential Mortgages Services



Measures: Mortgage Brokers and Lenders Registration Act, RSNS 1989,
c. 291 and any subsidiary measure made thereto

Description:

Must incorporate under the laws of Canada or Nova Scotia.

4 August 2014
1147

*

Sector: Business Services Industries

Subsector: Residential Mortgages Services

National Treatment


Measures: Mortgage Brokers and Lenders Registration Act, RSNS 1989,
c. 291 and any subsidiary measure made thereto

Description

Must be resident in the province.

*


Trading in securities


Level of Government: Provincial -Nova Scotia

Measures: Securities Act, RSNS 1989, c.418

Description:

In certain restricted circumstances, the Superintendent of Securities may refuse registration:
(a) to an individual, or
(b) to a person or company,

4 August 2014
1148
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.

*


Advisory and auxiliary financial services and Asset management

Market Access



Description:

The establishment must be managed by a resident of the province.

*



National Treatment


Measures: Securities Act, RSNS 1989, c. 418

Description:

4 August 2014
1149
Where an advisor provides advice in Nova Scotia such services must be supplied through a
commercial presence.

*

Sub-Sector: Banking and Other Financial Services (excluding insurance)
Custodial services




Description:


***

4 August 2014
1150
NUNAVUT




Level of Government: Territorial- Nunavut


Description:

i) a corporation incorporated under Nunavut statutes;

*





Measures: Business Corporations Act, SNWT, 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.

4 August 2014
1151
*


thereof



Measures: Credit Union Act, RSNWT (NU) 1988

Description:

Must incorporate in Nunavut.

*



National Treatment


Measures: Securities Act, RSNWT. (Nu) 1998, c.10

Description:

brokers that are neither resident nor registered in Nunavut.

4 August 2014
1152

*

Custodial services


Territorial Nunavut

Measures:

Description:


***

4 August 2014
1153
ONTARIO





Measures: Insurance Act, 1990, s.42

Description:

i) a corporation incorporated under Ontario statutes;
under the laws of another Canadian jurisdiction ; or

*

Subsector: Insurance and Insurance-Related Services - Services auxiliary to
insurance and pension funding

Most Favoured Nation
Market Access


Measures: Insurance Act, 1990, s. 48(3) and (7); s. 169(2)

Description:

4 August 2014
1154
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.

*





Measures: Insurance Act, 1990 s. 54

Description:


*



National Treatment


4 August 2014
1155

Measures: Loan and Trust Corporations Act, 1990, S.31

Description:
Only a corporation incorporated under the federal Trust and Loan Companies Act (Canada) may
apply
for initial registration to carry on business as a loan corporation or as a trust corporation in
Ontario.


thereof



Measures: Credit Unions and Caisses Populaires Act, 1994, s.332

Description:

Must incorporate in Ontario.

*


Financial intermediation services, except insurance and pension
fund services
Credit unions and caisses populaires

National Treatment


4 August 2014
1156
Measures: Credit Unions and Caisses Populaires Act, 1994, s.332, s.91,
s.160, s.23

Description:

Only a natural person who is a member of the credit union, at least 18 years of age, and a
Canadian citizen or permanent resident 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.

*


Services auxiliary to financial intermediation other than insurance
and pension funding
Mortgage brokers

Market Access


Measures: Mortgage Brokerages, Lenders and Administration Act, 2006;

O. Reg. 409/07 - Mortgage Brokers and Agents: Licensing

Description:

A mortgage broker or mortgage agent (both are occupations practiced by a natural person) must
be a resident of Canada.

*

Services auxiliary to financial intermediation other than insurance
and pension funding
Mortgage Brokers

4 August 2014
1157

National Treatment


Measures: Mortgage Brokerages, Lenders and Administration Act, 2006;
O. Reg. 408/07 - Mortgage Brokerages: Licensing
O. Reg. 411/07 - Mortgage
Administrators: Licensing

Description:

A mortgage brokerage or a mortgage administrator (business entities) must be
a corporation incorporated in any Canadian jurisdiction, a partnership formed under the laws of
any
Canadian jurisdiction, or a sole proprietor who is resident of Canada.

*



National Treatment


Measures: Commodity Futures Act, 1990, (Ontario) ss.22(1) and 65
National Instrument 31-103 Registration, Exemptions and
Ongoing Registrant
National Instrument 33-109 Registration Requirements and
Related Matters

Description:

brokers that are neither resident nor registered in Ontario.

4 August 2014
1158
*

Custodial services



Measures: Securities Act, 1990, s.143
Ongoing Registrant
National Instrument 81-102 Mutual Funds

Description:


***

4 August 2014
1159





Measures: Insurance Act, RSPEI 1988, Cap. I-4, ss. 24, 26(5), 324

Description:

i) a corporation incorporated under Prince Edward Island statutes;

*



National Treatment


Measures: Insurance Act, RSPEI 1988

4 August 2014
1160
Description:

Subsidiaries of foreign insurance corporations must be federally-authorized.

*





Measures: Trust and Fiduciary Companies Act, RSPEI 1988, Cap.T-7.1,
ss.26 and 27 Extra-provincial Corporations Registration Act,
RSPEI 1988, Cap.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.

*


thereof



Measures: Credit Unions Act, RSPEI 1988, Cap. C-29.1, ss. 2 and 159

Description:

4 August 2014
1161

Must incorporate in Prince Edward Island.

*



National Treatment

Level of Government: Provincial Prince Edward island

Measures: Securities Act, RSPEI 1988, c.S-3.1

Description:

brokers
that are neither resident nor registered in Prince Edward Island.

*

Custodial services




4 August 2014
1162
Description:


4 August 2014
1163
QUBEC


Subsector:

Market Access


Measures: Loi modifiant la Loi concernant les Services des sant du Qubec
et concernant SSQ, Mutuelle de gestion et SSQ, Socit
dassurance-vie inc (QL1993, chapter 107 )

Description:

Upon any allotment or transfer of voting shares of the capital stock insurance company SSQ,
Socit
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 Quebec residents and subsidiarily to other Canadian residents, but that no
offer
was made or was acceptable.


Subsector:



Measures: Act respecting the Caisse de dpt et placement du Qubec,
CQLR., chapter C-2

4 August 2014
1164
Description:

At least three quarters of the members of the board of directors must reside in Qubec.

*


Subsector: Banking and other financial services
Trust and Loan Companies
Insurance and insurance related services

Market Access Senior Management and Boards of Directors

Level of Government: Provincial Quebec

Measures: Act respecting insurance , CQLR, chapter , A-32)
Act respecting trust companies and savings companies (CQLR ,
chapter -29.01)

Description:

Three-quarters of the directors of trust companies and savings companies must be Canadian
citizens.

A majority of the directors of insurance companies, mutual insurance companies, saving
companies and
trust companies, shall reside in Quebec.

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.

*

*


Subsector: Insurance

4 August 2014
1165



Measures: Act respecting insurance (CQLR, Chapter A-32)

Description:

Every legal person not constituted under an Act of Quebec which does not have its head office in
Quebec shall, when applying for a licence, appoint a chief representative in Quebec. The
representative must be a person in authority who is resident in Quebec.

Every legal person not constituted under an Act of Quebec has, in respect of the activities it
carries on in Quebec, the rights and obligations of an insurance company or mutual association
constituted under Acts of Quebec as the case may be. It is also bound to comply with its
constituting Act if it is more restrictive.

*





Measures: Act respecting insurance (CQLR, chapter A-32)
Description:

i) a corporation incorporated under Qubec statutes;
under the
laws of another Canadian jurisdiction
iii) a federally-authorized branch of a foreign corporation); or
iv) an association formed on the plan known as Lloyds.

4 August 2014
1166
*





Measures: Loi sur la distribution de produits et services financier, (CQLR,
chapter D-9.2

Description:

Services must be supplied through a commercial presence in Quebec.

*


thereof



Measures: An Act respecting financial services cooperatives (CQLR,
Chapter C-67.3)

Description:

Must incorporate in Qubec.

*

4 August 2014
1167


Direct Insurance contracts relating to maritime shipping,
commercial aviation, space launching, freight (including satellites)
and goods in international transit

Cross border trade in Financial Services


Measures: An Act respecting Insurance (CQLR, Chapter. A-32)

Description:

Services must be supplied through a commercial presence in Qubec.

*


Subsector: Insurance and insurance related services



Measures: An Act Respecting Insurance (CQLR, chapterA.32)

Description:

Services must be supplied through a commercial presence in Qubec.

*



4 August 2014
1168

National Treatment


Measures: Regulation 31-103 respecting Registration Requirements,
Exceptions and Ongoing Registrant Obligations, (CQLR, chapter r. 10)
Securities act, (R.S.Q., c. V-1.1)

Description:

brokers that are neither resident nor registered in Qubec.

*


Custodial services



Measures: Securities Act, CQLR, chapter V-1.1)
Regulation 31-103 respecting Registration Requirements,
Exemptions and Ongoing Registrant Obligations (CQLR,
chapter V-1.1, r. 10)
Regulation 81-102 respecting Mutual Funds (CQLR, chapter
V-1.1, r. 39)

Description:


***

4 August 2014
1169
SASKATCHEWAN






Measures: The Saskatchewan Insurance Act, c. S-26, 1978

Description:

i) a corporation incorporated under Saskatchewan statutes;
vi) Fraternal societies

*


Direct insurance

Market Access


Measures: The Saskatchewan Insurance Act, c. S-26, 1978

4 August 2014
1170

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.

*





Measures: Trust and Loan Corporations Act, 1997, c. T-22.2, 1997

Description:

Federal or provincial incorporation is required.

*



National Treatment


Measures: Trust and Loan Corporations Act, 1997, c. T-22.2, 1997

Description:

4 August 2014
1171
Individual and collective financial ownership of Canadian-controlled and provincially

incorporated companies can be no more than 10 per cent of shares.

*


Credit Unions, caisses populaires and associations or groups
thereof

National Treatment


Measures: The Credit Union Act, 1985, c-45.1, 1984-85-86

Description:

Directors of a credit union must be Canadian citizens.

*


thereof



Measures: The Credit Union Act, 1985, c-45.1, 1984-85-86

Description:

Must incorporate in Saskatchewan.

4 August 2014
1172





Measures: The Community Bonds Act, c-16.1, 1990-91

Description:

Directors of Community Bonds corporations must be resident of Saskatchewan.

*



National Treatment


Measures: The Securities Act, 1988, c. S-42.2, 1988-89
The Securities Commission (Adoption of National Instruments)
Regulations, c. S-42.2 Reg. 3, 2000

Description:

There is a requirement to register in order to trade through dealers and brokers that are neither
resident nor registered in the province in which the trade is affected.

*

4 August 2014
1173



National Treatment



Description:

Where an advisor provides advice in Saskatchewan, such services must be supplied through a
commercial presence. Must be registered in Saskatchewan as an adviser.

*

Securities dealers and brokers

Market Access



Description:

Must be formed or continued under federal, provincial or territorial laws.

*

4 August 2014
1174

Custodial services




Description:

Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-

4 August 2014
1175
YUKON





Measures: Insurance Act, RSY 2002, c. 119

Description:

i) a corporation incorporated under Yukon statutes;

*


Direct Insurance contracts relating to maritime shipping,
commercial aviation, space launching, freight (including satellites)
and goods in international transit:




Description:

4 August 2014
1176


*


Subsector: Insurance and insurance-related services





Description:


*





Measures: Insurance Act, RSY 2002 C.119

Description:

Services must be supplied through a commercial presence in Yukon.

4 August 2014
1177

*





Measures: Business Corporations Act, RSY 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.

*


thereof




Description:

Must incorporate in Yukon.

*

4 August 2014
1178



National Treatment



Description:

brokers that are neither resident nor registered in Yukon.

*


Securities dealers and brokers

Market Access


Business Corporations Act, RSY 2002, c.20

Description:

Must be formed or continued under federal, provincial or territorial laws.

*

4 August 2014
1179

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

National Treatment



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/she wishes to operate at the date of application.

*
Custodial services




Description:

sub-custodian may be used if it has share-holders equity of at least $100 million.

4 August 2014
1180

***

4 August 2014
1181

SECTION II


Subsector: All



Description:

Canada reserves the right to adopt or maintain any measure stipulating that federally-regulated
financial
institutions having equity in excess of $1 billion are required within three years of having
reached the
threshold, to have 35 per cent of their voting shares widely-held and listed and posted for trading
on a
stock exchange in Canada.

*


Subsector: All



4 August 2014
1182
Description:

1. Canada reserves the right to adopt or maintain any 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, the Insurance Companies
Act or the Trust and Loan Companies Act if, following the acquisition, the person would
have ownership of more than 10 percent of any class of its shares.

2. Widely held requirement: Canada reserves the right to adopt or maintain any
measure such that no person (Canadian or foreign) may own more than 20 percent of
any class of voting shares, or 30 percent of any class of non-voting shares, of a :
(a) bank or bank holding company with $12 billion or more in equity; or
(b) 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
87
because it is so required, including by reason of its designation as a
domestic systemically important financial institution.

3. Notwithstanding paragraph 2(a), an EU financial institution that is regulated as a
bank in the EU or any other EU financial institution that is regulated in the EU 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 banks or bank holding companys
equity reached the applicable threshold for the widely held requirement and it has
controlled the bank since that day.

*



National Treatment

87
Forthepurposesof2(b),afinancialinstitutionisdeemedtobewidelyheldatthedateofentryintoforceoftheAgreementif
(1)itwasrequiredtobewidelyheldon17July2014,or(2)if,after17July2014butbeforethedateofentryintoforceofthe
Agreement,adeterminationismadethatthefinancialinstitutionisrequiredtobecomewidelyheldanditdidnotmake
reasonableeffortstodosobythedateofentryintoforceoftheAgreement.

4 August 2014
1183

Description:

Canada reserves the right to adopt or maintain any measure requiring that a foreign bank
establish a
subsidiary in order to accept or maintain retail deposits of less than CAD/CDN$150,000 unless
the sum of all deposits below $150,000 amounts to less than one
percent of total deposits or the deposits are taken from a
sophisticated investor (e.g., Canadian federal or provincial
governments, foreign governments, international development
banks, financial institutions, certain pension and mutual funds and
large businesses.

Canada reserves the right to adopt or maintain any measure prohibiting full service bank
branches and
lending bank branches from becoming member institutions of the Canada Deposit Insurance
Corporation.

*



Market Access


Description:

Canada reserves the right to adopt or maintain a measure requiring that foreign banks that have
been
authorized to establish a branch in Canada be members of the Canadian Payments Association.
Canada
also reserves the right to adopt or maintain any measure prohibiting lending branches of foreign
banks

4 August 2014
1184
from being members of the Canadian Payments Association.

***

4 August 2014
1185
ALBERTA


Custodial services


Provincial Alberta

Measures: Securities Act, RSA 2000

Description:


***

4 August 2014
1186
BRITISH COLUMBIA


[Participation in issues of all kinds of securities]



Measures: Securities Act, S-4 RSA 2000

Description:

sub-

*


Sub-Sector: Insurance and Insurance-Related Services

Industry Classification: CPC 81292 Motor vehicle insurance service

Type of Reservation: Market Access (Services)

Measures: Insurance Corporation Act (BC)
Exclusion Regulation

Description:
Motor vehicle insurance is provided by public monopoly.

***

4 August 2014
1187
MANITOBA


Motor vehicle insurance



Measures: The Manitoba Public Insurance Corporation Act, CCSM c.P215

Description:


*


Custodial services


Measures: The Securities Act, CCSM c.S50

Description:


***

4 August 2014
1188
NEW BRUNSWICK


Custodial services

Provincial New Brunswick

Measures: Securities Act, SNB 2004

Description:


***

4 August 2014
1189


Custodial services


Level of Government: Provincial- Newfoundland and Labrador

Measures: Securities Act, RSNL 1990 1-13

Description:


***

4 August 2014
1190


Custodial services



Measures: Securities Act, RSNWT 2008, c.10

Description:


***

4 August 2014
1191
NOVA SCOTIA


Sub-Sector: Banking and Other Financial Services (excluding insurance)
Custodial services




Description:


***

4 August 2014
1192
NUNAVUT


Custodial services



Measures:

Description:


***

4 August 2014
1193
ONTARIO


Subsector: Insurance and Insurance-Related Services - Services auxiliary to
insurance and pension funding

Most Favoured Nation
Market Access


Measures: Insurance Act, 1990, s.386 (1), (2); s.403, 54(1)
O. Reg. 347/04 Agent Licensing;
Description:

Preferential access to the Ontario insurance services market is provided to non-resident
individual US insurance agents (to all US states based on reciprocity).

*


Custodial services

Provincial Ontario

Measures: Securities Act, 1990, s.143
Ongoing Registrant
National Instrument 81-102 Mutual Funds

Description:

4 August 2014
1194

***

4 August 2014
1195


Custodial services


Provincial Prince Edward Island


Description:


***

4 August 2014
1196

QUBEC





Measures: Act respecting the Socit de lassurance automobile du
Qubec (CQLR, chapter S-11.011)

Description:

Automobile insurance, with respect to personal injury and death, is provided by public
monopoly.

*





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.

*

4 August 2014
1197


Custodial services



Measures: Securities Act, (CQLR, chapter V-1.1)

Regulation 81-102 respecting Mutual Funds (CQLR, chapter.
V-1.1, r. 39)

Description:


***

4 August 2014
1198
SASKATCHEWAN


Custodial services




Description:

Mutual funds which offer securities in Canada must use a resident custodian. A non-resident sub-

*



National Treatment

Measures: The Traffic Safety Act, c. T-18.1, 2004
The Automobile Accident Insurance Act, c. A-35, 1978

Description:


*

4 August 2014
1199
YUKON

Custodial services


Territorial Yukon


Description:

sub-custodian may be used if it has share-holders equity of at least $100 million.

***

EUAnnexI

4 August 2014
1200

Annex I

Reservations for Existing Measures and Liberalisation Commitments

1. The Schedule of a Party sets out, under Articles X.14 (Investment - Reservations and
Exceptions), X-06 (Cross-Border Trade in Services Reservations), X-03 (International
Maritime Transport Services Non-Conforming Measures), and, for the EU, X.9 (Financial
Services Non-Conforming Measures), the reservations taken by that Party with respect to
existing measures of a Party that do not conform with obligations imposed by:

Articles X.6 (Investment - National Treatment), X-03 (Cross-Border Trade in Services - National
Treatment) or, for the EU, X.03 (Financial Services National Treatment);

Articles X.7 (Investment - Most-Favoured-Nation Treatment), X-04 (Cross-Border Trade in
Services - Most-Favoured-Nation Treatment) or, for the EU, X.04 (Financial Services Most-
Favoured-Nation Treatment);

Article X.4 (Investment - Market Access),X-05 (Cross-Border Trade in Services - Market
Access) or, for the EU, X.06 (Financial Services Market Access);.

Article X.5 (Investment - Performance Requirements);

Article X.8 (Investment - Senior Management and Boards of Directors) or, for the EU, X.08
(Financial Services Senior Management and Board of Directors);

For the EU, Article X.07 (Financial Services Cross-Border Supply of Financial Services); or

Article X.02 (International Maritime Transport Services Obligations)

and, in certain cases, sets out commitments for immediate or future liberalisation.

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


EUAnnexI

4 August 2014
1201


reservation according to CPC codes, ISIC codes, SIC codes, or as expressly otherwise
described in a Partys 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

(f) 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 any subordinate measure adopted or maintained under the authority
of and consistent with the measure; and

(iii) includes:
c) for EU Directives, any laws, regulations or other measures which
implement the Directive at Member State level;
d) for Canada, any laws, regulations or other measures at the national or sub-
national level that implement agreements between the federal government
and provinces and territories.
(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 liberalization.

(h) Phase-Out sets out commitments, if any, for liberalisation after the date of entry into
force of this Agreement.

3. In the interpretation of a reservation, all elements of the reservation [are][shall be]
considered. A reservation [is][shall be] interpreted in the light of the relevant provisions of the
Chapters against which the reservation is taken. To the extent that:
EUAnnexI

4 August 2014
1202

(a) the Phase-Out element provides for the phasing out of non-conforming aspects of
measures, the Phase-Out element shall prevail over all other elements;

(b) 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

(c) the Measures element is not so qualified, the Measure element prevails over other
elements, unless a discrepancy between the Measure element and the other elements
considered in their totality is so substantial and material that it would be unreasonable to
conclude that the Measure element prevails, in which case the other elements prevail to
the extent of that discrepancy. A reservation is interpreted in the light of the relevant
provisions of the Articles against which the reservation is taken.

4. Where a Party maintains a measure that requires that a service provider be a natural person,
citizen, permanent resident or resident of its territory as a condition to the provision of a service
in its territory, a reservation for that measure taken with respect to cross-border services shall
operate as a reservation with respect to investment, to the extent of that measure.


CPC means Central Product Classification (CPC) numbers as set out in Statistical Office of the
United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification,
1991;

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 4, ISIC
REV 3.1, 2002;

SIC means Standard Industrial Classification (SIC) numbers as set out in Statistics Canada,
Standard Industrial Classification, fourth edition, 1980.

AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czech Republic
EUAnnexI

4 August 2014
1203
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

EUAnnexI

4 August 2014
1204
Reservations Applicable throughout the European Union (applicable to all EU Member

States unless otherwise indicated)

Sector: All Sectors
Sub-sector:
Industry classification:
Level of Government: EU level and central
Measures: Treaty on the Functioning of the European Union

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 X
(Investment), which may have been imposed on such companies or
firms when they established in the EU and which shall continue to
apply.

Phase-out: None

*
EUAnnexI

4 August 2014
1205

Sub-sector: Research and experimental development services on natural
sciences and engineering, Interdisciplinary research and
experimental development services
Industry classification: CPC 851, CPC 853
Market Access
Measures: All currently existing and all future EU research and/or innovation
framework programmes,
including all the FP7 Rules for Participation and regulations
pertaining to Joint Technology Initiatives (JTIs),
Article 185 Decisions, the Competitiveness and
Innovation Programme (CIP) and the European
Institute for Innovation and Technology (EIT), as well as existing
and future national and sub-national research programmes

Description: Cross-Border Services and Investment.
For publicly funded R&D services benefitting from funding
provided by the European Union at EU level, exclusive rights
and/or authorisations may only be granted to nationals of the
Member States of the European Union and to juridical persons of
the European Union having their registered office, central
administration or principal place of business in the European
Union.

For publicly funded R&D services benefitting from funding
provided by a Member State at national level, exclusive rights
and/or authorisations may only be granted to nationals of the
EUAnnexI

4 August 2014
1206
Member State 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 Chapter X (Investment) Article X.14(5)(a) and
(b), and Chapter X (CBTS) Article. X.01(2)(f) and (g)
respectively.

Phase-out: None

*

Sector: Health, Social and Education Services
Sub-sector:
Market Access
Level of Government: All levels
Measures: As set out in the Description element

Any EU Member State, when selling or disposing of its equity
interests in, or the assets of, an existing state enterprise or an
existing governmental entity providing health, social or education
services, 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
EUAnnexI

4 August 2014
1207
of Canada or of a non-Party or their investments. With respect to

such a sale or other disposition, any EU Member State may adopt
or maintain any measure relating to the nationality of senior
management or members of the boards of directors, as well as any
measure limiting the number of suppliers.

For 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 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.

Phase-out: None

*

Sector: Agriculture
Sub-sector:
EUAnnexI

4 August 2014
1208
Level of Government: EU level

Measures: Regulation 2007/1234/EC of 22 October 2007 establishing a
common organisation of agricultural markets and on specific
provisions for certain agricultural products (Single CMO
Regulation)

The intervention agencies designated by the Member States shall
buy cereals which have been harvested in the EU.
No export refund shall be granted on rice imported from and re-
exported to third countries. Only EU rice producers may claim
compensatory payments.

Phase-out: None

*

Sector: Business services
Sub-sector: Accounting and Auditing Services
Measures: Directive 2013/34/EU of the European Parliament and of the
Council of 26 June 2013 on statutory audits of annual accounts and
consolidated accounts

Description: Cross-Border Services
The competent authorities of an EU Member State may recognise
the equivalence of the qualifications of a third country auditor in
EUAnnexI

4 August 2014
1209
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 751, part of CPC 71235, part of CPC 73210
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: Cross-Border Services and Investment
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 and/or a
financial contribution to a compensation fund.

Phase-out: None
EUAnnexI

4 August 2014
1210

*

Sector: Transport
Sub-sector: Supporting services for air transport, Rental of aircraft
Industry classification: CPC 7461, CPC 7469, CPC 83104
Market Access
Measures: Regulation 2008/1008/EC of 24 September 2008 on common rules
for the operation of air services in the Community

Directive 1996/67/EC of 15 October 1996 on access to the
groundhandling market at Community airports

Regulation 2009/80/EC of 14 January 2009 on a Code of Conduct
for computerised reservation systems

Aircraft used by EU air carriers must be registered in the EU
Member State licensing the carrier or, if the licensing Member
State 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.

EUAnnexI

4 August 2014
1211
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 EUs 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.

An operating licence may be granted to an air carrier provided that
Member States and/or nationals of Member States, or countries
that have an agreement with the EU allowing for majority
ownership and control on a reciprocal basis, own more than 50%
of the undertaking and effectively control it, except as provided
otherwise in an agreement.

For groundhandling services, establishment within the EU area
may be required. The level of openness of groundhandling services
depends on the size of airport. The number of providers 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
EUAnnexI

4 August 2014
1212
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.

Phase-out: None

*

Sector: Transport
Sub-sector: Internal Waterways Transport, Supporting Services for Internal
Waterways Transport
Industry classification: CPC 722, part of CPC 745
Market Access
Level of Government: EU level
Measures: Regulation 1991/3921/EEC 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
Regulation 1996/1356/EC 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
Regulation 1995/2919/EEC of 17 October 1995 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

EUAnnexI

4 August 2014
1213
Description: Cross-Border Services, Investment, and International

Goods or passenger transport operations by inland waterway may
only be provided by an operator that fulfils the following
conditions:

- is established in a Member State,
- is entitled there to carry out the (international) transport of
goods or passengers by inland waterway, and
- uses vessels registered in a Member State or in possession of a
certificate of membership of a fleet of a Member State.

In addition, the vessels must be owned by natural persons
domiciled in a Member State and who are Member States
nationals, or owned by legal persons registered in a Member State
and the majority of whom are Member State nationals. 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.

Phase-out: None

*

Sector: Transport
Sub-sector: Rail transport
EUAnnexI

4 August 2014
1214

Measures: Directive 1995/18/EC of 19 June 1995 on the licensing of railway
undertakings as amended by Directives 2001/13/EC

Directive 2004/49/EC of 29 April 2004 on safety on the
Communitys railways

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 23 October 2007 amending Council
Directive 91/440/EEC on the development of the Communitys
railways and Directive 2001/14/EC on the allocation of railway
infrastructure capacity and the levying of charges for the use of
railway infrastructure

The provision of rail transport services requires a licence, which
can only be granted to railway undertakings established in a
Member State.

Phase-out: None

*

Sector: Transport
Sub-sector: Other transport services (provision of combined transport services)
EUAnnexI

4 August 2014
1215
Industry classification: CPC 711-712, 7212, 7222, 741-745, 748-749

Measures: Directive 1992/106/EEC of 7 December 1992 on the establishment
of common rules for certain types of combined transport of goods
between Member States

With the exception of Finland, only hauliers established in a
Member State who meet the conditions of access to the occupation
and access to the market for transport of goods between Member
States may, in the context of a combined transport operation
between Member States, carry out initial and/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.

Phase-out: None

*

Sector: Supporting services for all modes of transport
Sub-sector: Customs Clearance Services
Industry classification: part of CPC 748
EUAnnexI

4 August 2014
1216

Market Access
Measures: Regulation 1992/2913/EEC of 12 October 1992
establishing the Community Customs Code, and subsequent
amendments

Customs clearance services may only be provided by EU residents.

Phase-out: None

***
EUAnnexI

4 August 2014
1217
Reservations Applicable in Austria

Sector: All Sectors
Sub-sector: Acquisition, purchase, rental or leasing of real estate
Level of Government: Sub-national
Measures: Burgenlndisches Grundverkehrsgesetz, LGBL. Nr. 25/2007 as
amended
Krntner Grundverkehrsgesetz, LGBL. Nr. 9/2004 as amended
N- Grundverkehrsgesetz, LGBL. 6800 as amended
O- Grundverkehrsgesetz, LGBL. Nr. 88/1994 as amended
Salzburger Grundverkehrsgesetz, LGBL. Nr. 9/2002 as amended
Steiermrkisches Grundverkehrsgesetz, LGBL. Nr. 134/1993 as
amended
Tiroler Grundverkehrsgesetz, LGBL. Nr. 61/1996 as amended
Voralberger Grundverkehrsgesetz, LGBL. Nr. 42/2004 as amended
Wiener Auslndergrundverkehrsgesetz, LGBL. Nr. 11/1998 as
amended

The acquisition, purchase and rental or leasing of real estate by non-
EU natural persons and enterprises requires authorisation by the
competent regional authorities (Lnder). Authorisation will only be
granted if the acquisition is considered to be in the public (in
particular economic, social and cultural) interest.

EUAnnexI

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Phase-out: None

*

Sector: All Sectors
Sub-sector:
Level of Government: National
Measures: Aktiengesetz, BGBL. Nr. 98/1965 as amended, 254 (2)
GmbH-Gesetz, RGBL. Nr. 58/1906 as amended, 107 (2)
Gewerbeordnung, BGBL. Nr. 194/1994 as amended, 39 (2a)

For the operation of a branch, non EEA-corporations must appoint
at least one person responsible for its representation who is
resident in Austria. Executives (managing directors, natural
persons) responsible for the observance of the Austrian Trade Act
(Gewerbeordnung) must be domiciled in Austria.

Phase-out: None

*

EUAnnexI

4 August 2014
1219
Sub-sector: Legal services

Market Access
Measures: Rechtsanwaltsordnung (Lawyers Act) - RAO, RGBl. Nr. 96/1868
as amended, art. 1 and 21c

Full admission to the Bar is required for the practice of legal
services in respect of domestic (EU and Member State) 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 domestic (EU and Member
States) 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.

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 national
Canadian law.

For admission to the Bar, required for the practice of domestic (EU
and Member State) law including representation before courts,
nationality in 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%; the rest must be held by fully fledged EEA
EUAnnexI

4 August 2014
1220
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 Art 1a of the Lawyers Act in Austria
generally limited to certain forms of association.

Phase-out: None

*

Sub-sector: Accounting and bookkeeping services, Auditing services, Taxation
advisory services
Industry classification: CPC 862,CPC 863
Market Access
Measures: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing
Profession Act, BGBl. I Nr. 58/1999 as amended), 12, 65, 67,
68 (1) 4
Bilanzbuchhaltungsgesetz (BibuG, BGBl. I Nr. 11/2008 as
amended, 7, 11, 56 and 59 (1) 4.

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%.

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The service provider 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 an EU national,
they must be a member of the relevant professional body in their
home country, where such a body exists.

Phase-out: None

*

Sector: Health Services
Sub-sector: Veterinary Services
Measures: Tierrztegesetz (Veterinary Act), BGBl. Nr. 16/1975 as amended,
3 (3) 1

Only EEA nationals may provide veterinary services. The
nationality requirement is waived for third country nationals where
there is an agreement with that country providing for national
treatment with respect to investment and cross-border trade of
veterinary services.

EUAnnexI

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1222
Phase-out: None

*

Sub-sector: Medical services
Market Access
Measures: Medical Act, BGBl. I Nr. 169/1998 as amended, 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 as amended

EEA or Swiss nationality is required in order to provide medical
services.

Regarding medical services, non-EEA-citizens may apply for the
following authorisations: Postgraduate training, medical practice as
a general medical practitioner/specialist in hospitals and penal
institutions, medical practice as a general practitioner in a self-
employed capacity, and medical activities for educational
purposes.

EUAnnexI

4 August 2014
1223
This reservation does not apply to dental services or services

provided by psychologists and psychotherapists.

Phase-out: None

*

Sector: Distribution
Sub-sector: Retail sales of tobacco
Measures: Tobacco Monopoly Act 1996, 5 and 27

Only natural persons may apply for an authorisation to operate as a
tobacconist. Priority is given to EEA nationals.

Phase-out: None

*

Sector: Distribution and Health Services
Sub-sector: Retail sales of pharmaceutical, medical and orthopaedic goods,
other services provided by pharmacists
EUAnnexI

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Market Access
Measures: Apothekengesetz (Pharmacy Law), RGBl. No. 5/1907 as
amended, 3 Arzneimittelgesetz (Medication Act) BGBL. Nr.
185/1983 as amended, 57-63

The retail of pharmaceuticals and specific medical goods to the
public may only be carried out through a pharmacy.

EEA or Swiss nationality is required in order to operate a pharmacy.

EEA or Swiss nationality is required for leaseholders and persons
in charge of managing a pharmacy.

Phase-out: None

*

Sector: Education services
Sub-sector: Higher education services
Measures: University of Applied Sciences Studies Act, BGBl I Nr. 340/1993 as
amended, 2,
EUAnnexI

4 August 2014
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University Accreditation Act, BGBL. I Nr. 168/1999 as amended,

2,

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.

Phase-out: None

*

Sub-sector: Insurance and insurance-related services
EUAnnexI

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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.

Phase-out: None

*

Sub-sector: Insurance
Market Access
Cross-Border Supply of Financial Services

Measures: Insurance Supervision Act (VAG), BGBI. Nr. 569/1978 as
amended, 1 (2)

EUAnnexI

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Promotional activity and intermediation on behalf of a subsidiary

not established in the European Union or of a branch not
established in Austria (except for reinsurance and retrocession) are
prohibited.

Phase-out: None

*

Sub-sector: Ski school services, Mountain Guide Services
Measures: Krntner Schischulgesetz, LGBL. Nr. 53/97 as amended
Krntner Berg- und Schifhrergesetz, LGBL. Nr. 25/98 as
amended
N- Sportgesetz, LGBL. Nr. 5710 as amended
O- Sportgesetz, LGBl. Nr. 93/1997 as amended
Salzburger Schischul- und Snowboardschulgesetz, LGBL. Nr.
83/89 as amended
Salzburger Bergfhrergesetz, LGBL. Nr. 76/81 as amended
Steiermrkisches Schischulgesetz, LGBL. Nr. 58/97 as amended
Steiermrkisches Berg- und Schifhrergesetz, LGBL. Nr. 53/76 as
amended
Tiroler Schischulgesetz. LGBL. Nr. 15/95 as amended
Tiroler Bergsportfhrergesetz, LGBL. Nr. 7/98 as amended
Vorarlberger Schischulgesetz, LGBL. Nr. 55/02 as amended 4
(2)a
Vorarlberger Bergfhrergesetz, LGBL. Nr. 54/02 as amended
EUAnnexI

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1228
Wien: Gesetz ber die Unterweisung in Wintersportarten, LGBL.

Nr. 37/02 as amended

The operation of ski schools and mountain guide services is
governed by the laws of the 'Bundeslnder'. The provision of these
services may require EEA nationality. Enterprises may be required
to appoint a Managing Director who is an EEA national.

Phase-out: None

*

Sector: Transport
Sub-sector: Water Transport, Supporting Services for Water Transport
Industry classification: CPC 7221-7224, part of CPC 745
Senor Management and Boards of Directors
Market Access
Measures: Schifffahrtsgesetz, BGBl. I Nr. 62/1997 as amended, 75f

For internal waterways transport, EEA nationality is 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
EUAnnexI

4 August 2014
1229
Austria is required. More than 50% of the business shares and the
working capital must be held by EEA nationals.

Phase-out: None

*

Sector: Transport
Sub-sector: Road Transport: Passenger Transportation, Freight Transportation,
International Truck transport services
Market Access
Measures: Gterbefrderungsgesetz (Goods Transportation Act), BGBl. Nr.
593/1995 as amended; 5 Gelegenheitsverkehrsgesetz (Occasional
Traffic Act), BGBl. Nr. 112/1996 as amended; 6

For passenger and freight transportation, exclusive rights and/or
authorisations may only be granted to nationals of the Member
States of the European Union and to juridical persons of the
European Union having their headquarters in the European Union.

Phase-Out: None

*

EUAnnexI

4 August 2014
1230
Sector: Transport
Sub-sector: Pipeline Transport
Market Access
Measures: Rohrleitungsgesetz (Law on Pipeline Transport), BGBl. Nr.
411/1975 as amended, 5(1) and (2), 5 (1) and (3), 15, 16
Gaswirtschaftsgesetz (Gas Act), BGBl. I Nr. 121/2000 as amended,
14, 15 and 16

With regard to natural persons, authorisation is only granted to
EEA nationals 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 EEA nationals.

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:
EEA-nationals who must have a seat in Austria. Enterprises and
partnerships must have their seat in Austria. An ENT/interest test
is applied. Cross border pipelines must not jeopardise Austria's
EUAnnexI

4 August 2014
1231
security interests and its status as a neutral country. Enterprises and

partnerships have to appoint a managing director who must be an
EEA citizen. 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.

Phase-out: None

*

Sub-sector: Transmission and distribution of electricity
Industry classification: CPC 887 or ISIC
Market Access
Level of Government: Regional
Measures: Steiermrkisches Elektrizittswirtschafts- und Organisationsgesetz
(ELWOG), LGBl. Nr. 70/2005 as amended; Krntner
Elektrizittswirtschafts-und Organisationsgesetz (ELWOG),
LGBl. Nr. 24/2006 as amended

EEA-nationals 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 EEA-nationals domiciled in the
EEA.

EUAnnexI

4 August 2014
1232
The competent authority may waive the domicile and nationality

requirements where the operation of the network is considered to
be in the public interest.

Phase-out: None

***
EUAnnexI

4 August 2014
1233
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
Market Access
Level of Government: National (Federal State)
Measures: Arrt Royal du 1
er
septembre 2004 relatif aux conditions, la
dlimitation gographique et la procdure d'octroi des
concessions d'exploration et d'exploitation des ressources
minrales et autres ressources non vivantes de la mer territoriale et
du plateau continental

The exploration for and exploitation of mineral resources and other
non-living resources in territorial waters and the the continental
shelf are subject to concession. The concessionaire must be
domiciled in Belgium.

*

EUAnnexI

4 August 2014
1234

Market Access
Measures: Belgian Judicial Code (Articles 428-508) ; Royal Decree of 24
August 1970

services in respect of domestic 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 6 years from the date of application
for registration, 3 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.

Phase-out: None

*

Sub-sector: Auditing services
Industry classification: CPC 86211 and 86212 other than accounting services
EUAnnexI

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Market Access
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

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.

Phase-out: None

*

Sub-sector: Architectural services and urban planning and landscape
architectural services
Classification: CPC 8671 and CPC 8674
Measures: Law of February 20, 1939 on the protection of the title of the
architect's profession
EUAnnexI

4 August 2014
1236
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 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
exercise 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 exercise their activity.

Phase-out: None

*

Sub-sector: Placement Services of Personnel
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

EUAnnexI

4 August 2014
1237
Walloon Region: Dcret du 3 avril 2009 relatif lenregistrement

ou lagrment des agences de placement (Decree of 3 April 2009
on registration of placement agencies), art. 7 ; Arrt du
Gouvernement wallon du 10 dcembre 2009 portant excution du
dcret du 3 avril 2009 relatif lenregistrement ou lagrment
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

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 (rgulirement
constitue 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 rgie 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.

*

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
EUAnnexI

4 August 2014
1238
Industry Classification: ISIC rev.3.1: 0501, 0502, CPC 882, CPC 721, CPC 74520, CPC
74540, CPC 74590, CPC 5133/5223
Market Access
Measures: La Loi du 21 dcembre 1990 relative l'enregistrement des navires,
telle que modifie par la loi du 3 mai 1999 ;
LArrt royal du 4 avril 1996 relatif l'enregistrement des navires
et l'entre en vigueur de la loi du 21 dcembre 1990 relative
l'enregistrement des navires, tel que modifi

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 either:
- an individual who is national of a Member State of the European
Union;
- an individual who is domiciled or resident in Belgium;
- a legal person / body corporate / having its real place of business
in one of the Member States of the European Union,
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 - www.mobilt.fgov.belgium).

EUAnnexI

4 August 2014
1239
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
Measures: Arrt Royal du 15 mars 1954 rglementant la navigation arienne

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.

Phase-out: None

*

Sector: Transport
EUAnnexI

4 August 2014
1240
Sub-sector: Air transport services

Measures: Arrt ministriel du 3 aot 1994 fixant les conditions de
dlivrance des licences d'exploitation aux transporteurs ariens

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.

Phase-out: None

*

Sector: Transport
Sub-sector: Supporting services for air transport
Market Access
Level of Government: National (Federal + Regions)
Measures: Arrt Royal du 6 novembre 2010 rglementant l'accs au march
de l'assistance en escale l'aroport de Bruxelles-National (article
18)
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4 August 2014
1241
Besluit van de Vlaamse Regering betreffende de toegang tot de

grondafhandelingsmarkt op de Vlaamse regionale luchthavens
(artikel 14)
Arrt du Gouvernement wallon rglementant laccs au march
de lassistance en escale aux aroports relevant de la Rgion
wallonne (article 14

For groundhandling services, reciprocity is required.

Phase-out: None

***
EUAnnexI

4 August 2014
1242
Reservations Applicable in Bulgaria

Sector: All Sectors
Sub-sector:
Measures: Commercial Law, art. 17a
Law for Encouragement of Investments, art. 24

Foreign legal persons, unless established under the legislation of an
EU Member State or the EEA, may exercise a 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/agents.

Phase-out: None

*

Sector: Mining and Quarrying
EUAnnexI

4 August 2014
1243
Sub-sector: All sectors excluding mining of uranium and thorium ore

Industry classification: ISIC REV 3.1 10, 11, 12, 13, 14
National Treatment
Measures: Underground Natural Resources Act
Concessions Act
Law on Privatisation and Post-Privatisation Control

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 and/or other special
concessions laws.

The activities of prospecting and/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 (i.e. off-shore zones) and/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 oerations are precluded, including the
possibility to register the geological or commercial discovery of a
deposit as a result of exploration.

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1244
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.

Without prejudice to Article x.4 (Investment Market Access)
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 i.e. 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
National Treatment
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

EUAnnexI

4 August 2014
1245
The mining of uranium ore is forbidden by Decree of the Council
of Ministers No. 163 of 20.08.1992.

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 (i.e. off-shore zones) and/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.

Phase-out: None

*

Market Access
Most-Favoured-Nation Treatment
EUAnnexI

4 August 2014
1246
Measures: Attorney Law; Law for Mediation; Law for the Notaries and
Notarial Activity

including representation before courts.


Insofar as Canada and its territories and provinces allow Bulgarian
lawyers to represent their nationals under domestic law, Bulgaria
will allow Canadian lawyers to represent a Canadian national
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 EU nationals or for
foreign nationals, who are qualified lawyers and have obtained
their diploma providing the capacity to practice in an EU Member
State. For procedural representation they should be accompanied
by a Bulgarian lawyer.

For legal mediation services, permanent residence is required.
EUAnnexI

4 August 2014
1247

Phase-out: None

*

Industry classification: CPC 86211 and CPC 86212 other than accounting services
Market Access
Measures: Independent Financial Audit Act

"Specialised audit entity" is a company registered under the
Bulgarian Commerce Act, or under the legislation of another
Member State of the European Union, 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 and/or audit entities from a Member State of the European
Union, of good repute, and which is:

a) a general partnership in which more than half of the partners are
registered auditors, auditors and/or audit entities from other
Member State of the European Union;

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4 August 2014
1248
b) a limited partnership in which more than half of the partners

with unlimited liability are registered auditors, auditors and/or
audit entities from other Member States;

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 and/or audit entities from other
Member States.

Phase-out: None

*

Sub-sector: Taxation advisory services
Market Access
Measures: Accountancy Act, Independent Financial Audit Act, Income Taxes
on Natural Persons Act, Corporate Income Tax Act

EU nationality condition for tax advisors.

Phase-out: None

*
EUAnnexI

4 August 2014
1249

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
Market Access
Measures: Spatial Development Act, art. 230

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..

Phase-out: None

*

EUAnnexI

4 August 2014
1250

Sub-sector: Related scientific and technical consulting services
Market Access
Measures: Cadastre and Property Register Act, Geodesy and Cartography Act

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.

Phase-out: None

*

Sub-sector: Translation and Interpretation Services
Type of Reservation: Market access
Measures: Regulation for the legalisation, certification and translation of
documents
EUAnnexI

4 August 2014
1251

A contract with the Ministry of Foreign Affairs is required for
official translations provided by translation agencies.

Phase-out: None

*

Sub-sector: Technical testing and analyses
Market Access

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

In order to provide testing and analyses services, a Canadian person
must be established in Bulgaria according to the Bulgarian
Commercial Act and be registered on the Commercial register.

EUAnnexI

4 August 2014
1252
For the periodical inspection for proof of technical condition of road

transport vehicles, the person should be registered in accordance
with the Bulgarian Commercial Act or the Non-profit Legal Persons
Act, or else be registered in another EU Member State or country
from the European Economic Area.

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, and/or its agencies in co-operation with the
Bulgarian Academy of Sciences.

Phase-out: None

*

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
Market Access
Measures: Law of Veterinary Activity, art. 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, art. 21, 27, 30

EUAnnexI

4 August 2014
1253

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 EEA nationals or foreign citizens with permanent
residence in BG.

Department stores may be subject to an ENT, depending on the
rules of the local municipality.

Phase-out: None

*

Sub-sector: Retail sales of pharmaceutical, medical and orthopaedic goods
Market Access
Measures: Law on Medicinal Products in Human Medicine, art. 146, 161,
195, 222, 228

The mail order of phamaceuticals is prohibited.

EUAnnexI

4 August 2014
1254


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.

Phase-out: None

*

Sector: Education Services
Sub-sector: Primary and Secondary Education Services
Industry classification: CPC 921, 922
Market Access
Measures: Public Education Act, art. 12
Law for the Higher Education, paragraph 4 of the additional
provisions

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).
EUAnnexI

4 August 2014
1255
Bulgarian kindergartens and schools having foreign participation

may be be established or transformed at the request of associations,
or corporations, or enterprises of Bulgarian and foreign natural
and/or legal entities, duly registered in the Republic of 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 the Republic 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.

Phase-out: None

*
Market Access
Measures: Insurance Code, art. 8, 41, 47b

Before establishing a branch or agency in Bulgaria to provide
insurance, a foreign insurer/re-insurer must have been authorised
EUAnnexI

4 August 2014
1256
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.

Phase-out: None

*
Sub-sector: Banking and other financial services (excluding insurance)
Market Access
Measures: Law of Credit Institutions, art. 2, 17
Code Of Social Insurance, art. 121e
Currency Law, art. 3

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.

EUAnnexI

4 August 2014
1257
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-
EU member state is required to obtain a license from BNB for
taking up and pursuing of business activities in the Republic of
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 the Republic of Bulgaria.
Only financial institutions registered in Bulgaria and foreign
financial institutions with a seat in a member state may carry out
activity on the territory of Republic 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 (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 can not 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
EUAnnexI

4 August 2014
1258
legislation of another EU Member State and who may, in

compliance with the legislation concerned, perform voluntary
pension insurance operations, shall not be taxable according to the
procedure established by the Corporate Income Tax Act.

The Chairperson of the Management Board, the Chairperson of the
Board of Directors, the Executive Director and the Managerial
Agent must have a permanent address or hold a durable residence
permit in Bulgaria.

Phase-out: None
*

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
Market Access
Measures: Law For Tourism, art. 17, 45

Incorporation (no branches) is required.

Tour operation or travel agency services may be provided by a
person established in a Member State of the European Union or in
another State which is a Contracting Party to the Agreement on the
EUAnnexI

4 August 2014
1259
European Economic Area if, upon establishment in the territory of

the Republic 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 and/or municipal) share in the equity capital of a Bulgarian
company exceeds 50 percent.

Nationality condition for tourist guides.

Phase-out: None

*

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Merchant Shipping Code, Articles 6, 27, 28.
EUAnnexI

4 August 2014
1260
Law For the Sea Water, Inland Waterways and Ports of the
Republic of Bulgaria: Art. 116, 116a, 117, 117a
Ordinance No.17/22.01.2013 for carrying goods by inland
waterways

A seagoing ship is entitled to fly the Bulgarian flag if:

- it is owned by the State, or
- it is owned by a Bulgarian natural persons or legal entities, or
- more than the half of the ownership is by Bulgarian natural
persons or legal entities, or
- it is owned by natural persons or legal entities from a Member
State of the European Union, provided that, for the performance
of the technical, administrative and other requirements of the
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 European Union resident in the
Republic of 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.

*

EUAnnexI

4 August 2014
1261
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
74520, CPC 74540, CPC 74590, CPC 5133/5223
Market Access
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

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 Republic of Bulgaria, may only be performed by
vessels flying the Bulgarian flag or EU flagged vessels.

EUAnnexI

4 August 2014
1262
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 providers 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 Bulgarian citizens
or citizens of a Member State of the European Union, or of a
Contracting Party to the Agreement on the European Economic
Area, 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 Bulgarian citizens.

*

Sector: Transport
Sub-sector: Rail transport, Supporting services for rail transport
Market Access
Measures: Law For The Railway Transport, art. 37, 48

Only EU nationals may provide rail transport or supporting
services for rail transport in Bulgaria. A licence to carry out
EUAnnexI

4 August 2014
1263
passenger and/or freight transportation by rail is issued by the

Minister of Transport to railway operators registered as traders.

Phase-out: None

***
EUAnnexI

4 August 2014
1264
Reservations Applicable in Croatia

Sector: All sectors
Sub-sector: Acquisition of real estate
Market Access
Level of government: Central
Measure: 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), Article 2

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.
Phase-out: None
*

Level of government: Central
EUAnnexI

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1265
Measure: Legal Profession Act, (OG 9/94, 51/01, 117/08, 75/09, 18/11)
Description: Cross Border and Investment
Representation of parties before courts can be practised only by the
members of the Bar Council of Croatia (Croatian title odvjetnici).
Citizenship requirement for membership in the Bar Council.
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 condition (Croatian citizenship or
citizenship of an EU Member State).
Phase-out: None
*
Sub-sector: Accounting, auditing and bookkeeping services
Market Access
Level of Government: Central
Measures: Audit Act (OG 146/05, 139/08, 144/12), Article 3

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.
Phase-out: None
*
EUAnnexI

4 August 2014
1266

Sub-sector: Architectural services and engineering services
Industry classification: CPC 8671, CPC 8672, 8673, 8674
Market Access
Measures: Act on Architectural and Engineering Activities in Physical
Planning and Building (OG 152/08, 49/11, 25/13)

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.
Phase-out: None
*
Sub-sector: Veterinary services
Market Access
Measures: Veterinary Act (OG 41/07, 55/11), Article 89, Article 106

Only legal and natural persons established for the purpose of
conducting veterinary activities in an EU Member State can
EUAnnexI

4 August 2014
1267
provide cross border veterinary services in the Republic of Croatia

(Veterinary Act; OG 41/07, 55/11, Article 89)

Only Croatian citizens and EU Member State citizens can establish
a veterinary practice in the Republic of Croatia (Veterinary Act,
OG 41/07; 55/11, article 106).

Phase-out: None
*
Sub-sector: Retail sale of pharmaceuticals and retail sales of medical and
orthopaedical goods
Measures: Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12,
70/12, 144/12)

Authorisation is subject to an economic needs test. Main criteria:
population and geographical density of existing pharmacies.
Phase-out: None
*
Sub-sector: Real estate services
EUAnnexI

4 August 2014
1268
Measures: Real Estate Brokerage Act (OG 107/07 and 144/12), Article 2

Commercial presence is required to provide real estate services.
Phase-out: None
*
Sub-sector: Related scientific and technical consulting services
Measures: Ordinance on requirements for issuing approvals to legal persons
for performing professional environmental protection activities
(OG No.57/10), Art. 32-35

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.
Phase-out: None
*
Sector: Health Services and Social services
Sub-sector: Hospital services, Ambulance services, Residential health facilities
other than hospital services
EUAnnexI

4 August 2014
1269

Measures: Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12,
70/12, 144/12)

Establishment of some privately funded social care facilities may be
subject to needs based limits in particular geographical areas.
Phase-out: None
*
Sector: Tourism and travel related services
Sub-sector: Hotels and Restaurants, Travel Agencies and Tour Operators
Services (including tour managers), Tourist guides services
Industry classification: CPC 641-643, CPC 7471, CPC 7472
Market Access
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)

Nationality requirement for hospitality and catering services in
households and rural homesteads.
Nationality condition for tourist guides.
Phase-out: None
*

EUAnnexI

4 August 2014
1270
Market Access
Measures: Insurance Supervision Act (VAG), BGBI. Nr. 569/1978 as
amended, 1 (2)

Promotional activity and intermediation on behalf of a subsidiary
not established in the European Union or of a branch not
established in Austria (except for reinsurance and retrocession) are
prohibited.

Phase-out: None

*

Sub-sector: Ski school services, Mountain Guide Services
Measures: Krntner Schischulgesetz, LGBL. Nr. 53/97 as amended
EUAnnexI

4 August 2014
1271
Krntner Berg- und Schifhrergesetz, LGBL. Nr. 25/98 as

amended
N- Sportgesetz, LGBL. Nr. 5710 as amended
O- Sportgesetz, LGBl. Nr. 93/1997 as amended
Salzburger Schischul- und Snowboardschulgesetz, LGBL. Nr.
83/89 as amended
Salzburger Bergfhrergesetz, LGBL. Nr. 76/81 as amended
Steiermrkisches Schischulgesetz, LGBL. Nr. 58/97 as amended
Steiermrkisches Berg- und Schifhrergesetz, LGBL. Nr. 53/76 as
amended
Tiroler Schischulgesetz. LGBL. Nr. 15/95 as amended
Tiroler Bergsportfhrergesetz, LGBL. Nr. 7/98 as amended
Vorarlberger Schischulgesetz, LGBL. Nr. 55/02 as amended 4
(2)a
Vorarlberger Bergfhrergesetz, LGBL. Nr. 54/02 as amended
Wien: Gesetz ber die Unterweisung in Wintersportarten, LGBL.
Nr. 37/02 as amended

The operation of ski schools and mountain guide services is
governed by the laws of the 'Bundeslnder'. The provision of these
services may require EEA nationality. Enterprises may be required
to appoint a Managing Director who is an EEA national.

Phase-out: None

*

EUAnnexI

4 August 2014
1272

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Maritime Act (Pomorski zakonik), Article 187

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 the Republic of 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 745, CPC 741, CPC 742, CPC 748, CPC 749
Market Access
EUAnnexI

4 August 2014
1273
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)
Foreign legal persons must establish a company in Croatia and must
be granted a concession by the port authority following a public
tendering procedure.
Phase-out: None

***
EUAnnexI

4 August 2014
1274
Reservations Applicable in Cyprus

Sector: All sectors
Market Access
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

Cypriots or persons of Cypriot origin, as well as EU citizens, 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,
including a foreign controlled company. The term does not include
foreigners of Cypriot origin or non-Cypriot spouses of citizens of
the Republic.
Phase-out: None

*
EUAnnexI

4 August 2014
1275

Sub-sector: Extraction of crude petroleum and natural gas
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
National Treatment

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 a third country or by
nationals of a third country.

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 a third country, or a national
of a third country, 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 a third country or by a
national of the said third country, where the third country does not
grant entities of the Republic of Cyprus or entities of EU Member
States, in relation to the access to and exercise of the activities of
prospecting, exploring for and exploiting hydrocarbons, treatment
EUAnnexI

4 August 2014
1276
comparable to that which the Republic of Cyprus or the Member

State grants entities of that third country.

Phase-Out: None

*

National Treatment
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() of
2013


EUAnnexI

4 August 2014
1277
Residency (commercial presence) and EU nationality 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.


Phase-out: None

*

advisory services
Industry classification: CPC 86211, CPC 86212, CPC 86213, CPC 86219, CPC 86220,
CPC 863
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

EUAnnexI

4 August 2014
1278
Access is restricted to natural persons. Third country 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.

Phase-out: None

*

Sub-sector: Technical testing and analyses
Market Access
Measures: Registration of Chemists Law of 1988 (Law 157/1988), as
amended by laws number 24(I) of 1992 and 20(I) of 2004

The provision of services by chemists and biologists requires EU
nationality.

Phase-out: None

EUAnnexI

4 August 2014
1279
*

Sub-sector: Travel Agencies and Tour Operators Services (including tour
managers ,Tourist Guide Services
National Treatment
Measures: The Tourism and Travel Offices and Tourist Guides Law 1995 to
2004 (N.41(I)/1995-2004)

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 Cyprus, on an organised or
permanent basis, the activities referred to under Article 3 of the
above mentioned Law, unless represented by a resident company.
The provision of tourist guide services requires EU nationality.
Phase-out: None

*

EUAnnexI

4 August 2014
1280

74540, CPC 74590, CPC 5133/5223
Market Access
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

A vessel may only be registered in the Register of Cyprus Ships if:

a) More than fifty percent (50%) of the shares of the ship are
owned by Cypriot citizens or by citizens of other EU Member
States, who, if they are not permanent residents of the
Republic, have appointed an authorised representative in the
Republic of Cyprus, or
b) The total (100%) of the shares of the ship are owned by one or
more corporations, which have been established and operate:
- in accordance with the laws of the Republic of Cyprus and
have their registered office in the Republic, or
- in accordance with the laws of any other Member State 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 Cyprus or the management of the ship is entrusted in full
to a Cypriot or a Community shipmanagement company
having its place of business in Cyprus, or
- outside Cyprus or outside any other EU Member State but
controlled by Cypriot citizens or citizens of EU Member
States and have either appointed an authorised
representative in Cyprus or the management of the ship is
entrusted in full to a Cypriot or a Community
shipmanagement company having its place of business in
EUAnnexI

4 August 2014
1281
Cyprus. The corporation is deemed to be controlled by

Cypriots or citizens of another EU Member State when
more than fifty percent of its shares are owned by Cypriots
or citizens of another EU Member State or when the
majority of the Directors of the corporation are Cypriot
citizens or citizens of another EU Member State.

***
EUAnnexI

4 August 2014
1282
Reservations Applicable in the Czech Republic

Sector: All Sectors
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)

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.

Phase-out: Currently Act No. 95/1999 Coll is being amended which may
result in the need to update this reservation

EUAnnexI

4 August 2014
1283
*

Measures: Act No. 85/1996 Coll., the Legal Profession Act, as amended (link
to English version of the Act)

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.


Phase-out: None

*
EUAnnexI

4 August 2014
1284
Sector: Health and Social Services, Business and production services

Sub-sector: Veterinary Services, Paramedical Personnel, Restorer,
Physiotherapists
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), par. 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

Access is restricted to natural persons only.

Phase-out: None

*

Sub-sector: Higher education services
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1285
Measures: Act No. 111/1998, Coll. (Higher Education Act), 39

Link for English version of the Act
ACT NO. 561/2004 COLL. ON PRE-SCHOOL, BASIC, SECONDARY, TERTIARY
PROFESSIONAL AND OTHER EDUCATION (THE
EDUCATION ACT) LINK FOR ENGLISH VERSION OF THE
ACT

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.

Phase-out: None

*

Sector: Community, social and personal services
Sub-sector: Environmental protection services/Recycling services/Packaging
Measures: Act. 477/2001 Coll. (Packaging Act) par. 16

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.

EUAnnexI

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1286
Phase-out: None
*

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Act. 61/2000 on Maritime Navigation (5, 6 and 28)

Operating a ship under the national flag is reserved to the citizens
of the Czech Republic or a Member State of the EU or juridical
persons established in the Czech Republic or a Member State of
the EU or the EEA.

Phase-out: None

*

Sector: Transport
EUAnnexI

4 August 2014
1287
Sub-sector: Rail transport

Measures: Act No. 266/1994 Coll. (on Rail Transport)

For passenger and freight transportation and pushing and towing
services by rail, incorporation is required (no branches).

Phase-out: None

***
EUAnnexI

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1288
Reservations Applicable in Denmark

Sector: All Sectors
Measures: Danish Act on acquisition of real property
Lovbekendtgrelse 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)

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 5 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.

EUAnnexI

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1289
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/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 6 month following the
acquisition. There is no limitation on citizenship.

If the acquirer is not a citizen of one of the countries of the
European Union (EU) or of the European Economic Area (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 5 years.
EUAnnexI

4 August 2014
1290

Phase-out: None

*

Market Access
Measures: Lovbekendtgrelse nr. 1053 af 29. Oktober 2009 (Act No 1069 of
29 October 2009 on the administration of justice)



90% 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
EUAnnexI

4 August 2014
1291
on the board or be a member of the management of a Danish law

firm. The remaining 10% 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.

Phase-out: None
*

Sub-sector: Accounting and bookkeeping services, Auditing services
Industry classification: CPC 86211, 86212, 86213, 86219, 86220
Market Access
Measures: Revisorloven (The Danish Act on Approved Auditors and Audit
Firms), Act No. 468 of 17 June 2008

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 Commerce and Enterprises Agency.

Phase-out: None
EUAnnexI

4 August 2014
1292

*
Measures: Act no. 433 of 9 June 2004 on veterinary surgeons

Access is restricted to natural persons.

Phase-out: None

*

Sub-sector: Real estate services (on a fee or a contract basis)
Measures: The Act on the sale of real estate (Danish: Lov om omstning af
fast ejendom

EUAnnexI

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1293
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 Switzerland. The residence
requirement may be waived by the Danish Commerce and
Companies Agency.

The Act on the sale of real estate is only applicable when providing
real estate services to Danish consumers.

Phase-out: None

*

Measures: Lov om translatrer og tolke (Act on Authorised Translators and
Interpreters), Act no. 181 of 25 March 1988, sections 1 and 1a

EUAnnexI

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1294
For the provision of authorised translation and interpretation

services by a physical person present in the territory of Denmark,
an authorisation from the Danish Commerce and Enterprises
Agency 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 EU country, in an
EEA country or in Switzerland.

Phase-out: None

*

Sub-sector: Security services
Measures: Lov om vagtvirkomhed (LBK nr 227 af 03/03/2010 )

Requirement of residence for members of the board.

*
EUAnnexI

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Measures: Apotekerloven (Danish Pharmacy Act) LBK nr. 855 of 04/08/2008

Only natural persons are permitted to provide retail services of
pharmaceuticals and specific medical goods to the public.

Phase-out: None

*

Sub-sector: Higher Education Services
Measures: To be completed

Nationality condition for university professors.

EUAnnexI

4 August 2014
1296
Phase-out: None

*

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Lov om Dansk Internationalt Skibsregister (Danish International
Ship Register Act), para 1 (2)
Sloven (Danish Merchant Shipping Act), para 1 (2).
Lov om Havne (Harbour Act), sections 9 (6-7) and 10 (4-5)

Non-EU residents cannot own Danish flagged vessels except:-

1) 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
EUAnnexI

4 August 2014
1297
either through a Danish citizen, an EU/EEA national or a person

having Danish residence; or

2) Through the establishment of a subsidiary company in another
EU/EEA country and the transfer of the ownership of the ship to
this EU/EEA company. This EU/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

Phase-out: None

*

Sub-Sector: Supporting services for water transport
Industry Classification: CPC 745, 741,742
Market Access
Measures: Lov om Dansk Internationalt Skibsregister (Danish International
Ship Register Act), para 1 (2)
Sloven (Danish Merchant Shipping Act), para 1 (2).
Lov om Havne (Harbour Act), sections 9 (6-7) and 10 (4-5)

EUAnnexI

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1298
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 Habours Act.

Phase-out: None

*

Sector: Energy
Sub-sector: Pipeline transportation of fuels
Measures: Bekendtgrelse nr. 724 af 1. juli 2008 om indretning, etablering og
drift af olietanke, rrsysrtemer og pipelines (Order on the
arrangement, establishment and operation of oil tanks, piping
systems and pipelines), no. 724 of 1 July 2008
EUAnnexI

4 August 2014
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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.

Phase-out: None

***
EUAnnexI

4 August 2014
1300
Reservations Applicable in Estonia

Sector: All Sectors
Sub-sector:
Measures: riseadustik (Commercial Code) 63
1
(2), 385 (1)

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 European Economic Area
or in Switzerland.

Phase-out: None

*

Market Access
EUAnnexI

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1301
Measures: Advokatuuriseadus (Bar Association Act), RT I 2001, 36, 201;

Notariaadiseadus (Notaries Act), RT I 2000, 104, 684; Kohtutituri
seadus (Bailiffs Act), RT I 2009, 68, 463;

services in respect of domestic Estonian law, including


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).

Phase-out: None
*

Sector: Legal services
Sub-sector Patent agents, Sworn Translators
EUAnnexI

4 August 2014
1302
Market Access
Measures: Patendivoliniku seadus (Patent Agents Act) 14 (1)
Vandetlgi seadus (Sworn Translators Act) 3 (2)

A patent agent must be a citizen of Estonia or of a Member State of
the European Union with permanent residence in Estonia.

A sworn translator must be a citizen of a Member State of the
European Union.

Phase-out: None

*

Market Access
Measures: Ravimiseadus (Medicinal Products Act), RT I 2005, 2, 4; 25 (3),
30, 42
1

EUAnnexI

4 August 2014
1303


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.

Phase-out: None

*


For direct insurance, the management body of an insurance joint
stock company with Canadian capital participation may include
Canadian nationals only in proportion to the Canadian participation
and in any event not more than half of the members of the board of
EUAnnexI

4 August 2014
1304
directors. The head of the management of a subsidiary or an

independent company must permanently reside in Estonia.

Phase-out: None

*

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Law of Ship Flag and Ship Registers Act

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 EC member countries provided that the person from another
EC member country has:
EUAnnexI

4 August 2014
1305
1) a residence or a permanent business establishment in Estonia,

and the ship itself is not deemed to be a business establishment, or
2) 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.

***
EUAnnexI

4 August 2014
1306
Reservations Applicable in Finland

For the purposes of the reservations of the European Union and its Member States, a regional
level of government in Finland means the land Islands

Sector: All sectors
Sub-sector:
Market Access
Measures: Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to
Carry on a Trade) (122/1919), Section 1
Osuuskuntalaki (Co-Operatives Act) 1488/2001
Osakeyhtilaki (Limited Liabilities Company Act) (624/2006),
Laki luottolaitostoiminnasta (Act on Credit Institutions)
(121/2007)

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.

EUAnnexI

4 August 2014
1307
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.

Phase-out: None

*

Sub-sector: Mining, Services incidental to mining, Engineering related
scientific and technical consulting services, Ore mining
Industry classification: CPC 883, CPC 8675, CPC 5115, ISIC REV 3.1 120, C
Market Access
Measures: Kaivoslaki (Mining Act) (621/2011)
Ydinenergialaki (Nuclear Energy Act) (990/1987)

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
EUAnnexI

4 August 2014
1308
or a juridical person established in the EEA. An economic needs

test may apply.

Phase-out: None

*

Sector: Animal Husbandry
Sub-sector: Reindeer husbandry
Industry classification: ISIC Rev. 3.1 014
Market Access
Measures: Poronhoitolaki (Reindeer Husbandry Act) (848/1990), Chapter 1,
Section 4
Protocol 3 to the Accession Treaty of Finland

Only EEA nationals resident in the reindeer herding area may own
reindeer and exercise reindeer husbandry. Exclusive rights may be
granted.

Phase-out: None

*

EUAnnexI

4 August 2014
1309
Sector: Legal Services

Sub-sector:
Market Access
Measures: Tavaramerkkilaki (Trademarks Act) (7/1964)
Laki patenttiasiamiehist (Patent Agent Act) (552/1967)
Laki kasvinjalostajanoikeudesta (Plant Breeders Right Act)
1279/2009
Mallioikeuslaki (Registered Designs Act) 221/1971

A patent agent must be resident in the EEA in order to be recorded
in the Patent Agents Register, which is necessary for the exercise of
the profession.

Phase-out: None

*

Market Access
EUAnnexI

4 August 2014
1310

Measures: Laki asianajajista (Advocates Act) (496/1958), Section 1 and 3,
Oikeudenkymiskaari (4/1734) (Code of Judicial Procedure)

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.

Phase-out: None

*

Sub-sector: Auditing Services
Market Access
Measures: Tilintarkastuslaki (Auditing Act) (459/2007), Sectoral laws
requiring the use of locally-licensed auditors

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.
EUAnnexI

4 August 2014
1311

An auditor must be a locally-licensed auditor or a locally-licensed
audit firm.

Phase-out: None

*

Sub-sector: Translation Services
Measures: Laki auktorisoiduista kntjist (Act on Authorised Translators)
(1231/2007), section 2(1))

For the provision of translation services by a certified translator
present as a physical person in the territory of Finalnd, residency in
EEA is required.

Phase-out: None

*

EUAnnexI

4 August 2014
1312
Sector: Other services

Measures: Hautaustoimilaki (Act on Burial Service) (457/2003)

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.

Phase-out: None

*

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Merilaki (Maritime Act) 674/1994

Foreign investors must have their principal office in Finland in
order to register a vessel on the national shipping register.
EUAnnexI

4 August 2014
1313

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 6/10 of the vessel.

Phase-out: None

*

Sector: Transport
Sub-sector: Supporting Services for Water Transport
National Treatment
Most-Favoured-Nation
Measures: Merilaki (Maritime Act) (674/1994)
Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to
Carry on a Trade) (122/1919), Section 4

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.

Phase-out: None
EUAnnexI

4 August 2014
1314

***
EUAnnexI

4 August 2014
1315
Reservations Applicable in France

Sector: Agriculture and hunting
Sub-sector:
Industry classification: ISIC rev 3.1: 011, 012, 013, 014, 015
Market Access
Measures: Code rural et de la pche maritime: Article R331-1 on installation
and article L. 529-2 on agricultural co-operatives

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.

Phase-out: None

*

Sector: Fishing
Sub sector: Fishing and Aquaculture, services incidental to fishing
Industry classification: ISIC rev 3.1: 050, CPC 882
EUAnnexI

4 August 2014
1316
Market Access
Measures : Code rural et de la pche maritime : article L921-3

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
French Republic is established and the vessel is directed and
controlled from a permanent establishment located on French
territory.

Phase out: None

*

Market Access
Measures: Loi du 31 dcembre 1971, article 56
Loi 90-1258 relative lexercice sous forme de socit des
professions librales
Loi 90- 1259 du 31 dcembre 1990, article 7

EUAnnexI

4 August 2014
1317

services in respect of French domestic law, including
required in order to obtain full admission to the Bar. Only EEA or
Swiss nationals may be admitted to the Bar, and are thus entitled to
provide legal services in respect of French law.


Respresentation before the "Cour de Cassation and Conseil
dEtat" is subject to quotas. In a law firm providing services in
respect of French or EU law, at least 75% of the partners holding
75% of the shares shall be lawyers fully admitted to the Bar in
France.

Phase-out: None
*

advisory services
Industry classification: CPC 86211, CPC 86212CPC 86213, CPC 86219, CPC 86220,
CPC 863
Market Access
EUAnnexI

4 August 2014
1318

Measures: Ordonnance 45-2138 du 19 septembre 1945, article 3, 7, 26 et 27

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, responsabilit limite ou en commandite par actions),
AGC (Association de gestion et comptabilit) or SCP only. For
taxation advisory services, provision through SEL (anonyme,
responsabilit limite ou en commandite par actions) or SCP only.

For statutory audits: provision through any company form except
SNC, SCS.

Phase-out: None

*

Sub-sector: Architectural services
EUAnnexI

4 August 2014
1319
Measures: Loi 90-1258 relative lexercice sous forme de socit des

professions librales.
Dcret 95-129 du 2 fvrier 1995 relatif l'exercice en commun de la
profession d'architecte sous forme de socit en participation.
Dcret 92-619 du 6 juillet 1992 relatif l'exercice en commun de la
profession d'architecte sous forme de socit d'exercice libral
responsabilit limite SELARL, socit d'exercice libral forme
anonyme SELAFA, socit d'exercice libral en commandite par
actions SELCA.
Loi 77-2 du 3 janvier 1977, articles 12, 13 et 14

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 (socits anonymes, responsabilit limite), EURL,
SCP (en commandite par actions), SCOP, SELARL (socit
d'exercice libral responsabilit limite), SELAFA (socit
d'exercice libral forme anonyme), SELAS or SAS, or as
individual or as a partner in an architectural firm.

Phase-out: None

*

Sector: Health services
EUAnnexI

4 August 2014
1320
Market Access
Most-Favoured-Nation Treetment
Measures: Code rural et de la pche maritime articles L241-1 ; L241-2 ;
L241-2-1

Nationality condition limited to EU and EEA citizens. 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; SCP; SEL).

Phase-out: None

*

Sub-sector: Related Scientific and Technical Consulting Services
Market Access
EUAnnexI

4 August 2014
1321

professions librales, modifie par les lois 2001-1168 du 12
dcembre 2001 et 2008-776 du 4 aot 2008

For surveying, access through a SEL (anonyme, responsabilit
limite ou en commandite par actions), SCP, SA and SARL only.

Foreign investors are required to have a specific authorisation for
exploration and prospecting services.

Phase-out: None

*

Sub-sector: Retail
Measures: Art. L752-1 L752-6 du code de commerce

The authorisation for large department stores is subject to an

EUAnnexI

4 August 2014
1322
Main criteria: number of and impact on existing stores, population

density, geographic spread, impact on traffic conditions and
creation of new employment.

Phase-out: None

*

Sub-sector: Distribution of tobacco
Industry classification: part of CPC 6222, part of CPC 6310
Market Access
Measures: Code gnral des impost, art. 568 et articles 276-279 de lannexe 2
de ce code

State monopoly on wholesale and retail sales of tobacco.

Nationality condition for tobacconists (buraliste).

Phase-out: None

*

EUAnnexI

4 August 2014
1323
Market Access
Measures: Code de la sant publique, art. L4221-1, L4221-13 and L5125-10
Loi 90-1258 relative lexercice sous forme de socit des
professions librales, modifie par les lois 2001-1168 du 12
dcembre 2001 et 2008-776 du 4 aot 2008 (Law 90-1258 on the
exercise as a society of professionals)

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: SEL
(anonyme, responsabilit limite ou en commandite par actions),
SNC (socit en noms collectifs), socit de participations
financires de profession librale de pharmaciens d'officine and
SARL only.

Phase-out: None

*

EUAnnexI

4 August 2014
1324

Sub-sector: Privately funded Primary, Secondary, Higher Education Services
Market Access
Measures: Articles L 444-5, L 914-4, L 441-8, L 731-8, L 731-1 8 du code
de lducation

French or EU nationality is required in order to teach in a privately
funded educational institution.

However, Canadian nationals may obtain an authorisation from the
relevant competent authorities in order to teach in primary,
secondary and higher level educational institutions.

Canadian nationals may also obtain an authorisation from the
relevant competent authorities in order to establish and operate and
/ or manage primary, secondary or higher level educational
institutions. Such authorisation is granted on a discretionary basis.

Phase-out: None

*
Sector: Health and Social Services
Sub-sector:
EUAnnexI

4 August 2014
1325
Market Access
professions liberals, modifie par les lois 2001-1168 du 12
dcembre 2001 et 2008-776 du 4 aot 2008 et la loi 66-879 du 29
novembre 1966 (SCP)
Code de la sant publique, Article L6122-1, L6122-2 (Ordonnance
2010-177 du 23 fvrier 2010)

While other types of legal form are available for EU investors,
foreign investors only have access to the legal forms of "socit
d'exercice liberal" and "socit civile professionnelle".

For medical, dental and midwives services, nationality is required.
However, access by foreigners is possible within annually
established quotas.

For medical, dental and midwives services and services by nurses,
provision through SEL (anonyme, responsabilit limite ou en
commandite par actions) or SCP only.

For hospital and ambulance services, residential health facilities
(other than hospital services) and social services, an authorisation
is necessary in order to exercise management functions. The
authorisation process takes into account the availability of local
managers.

Phase-out: None

EUAnnexI

4 August 2014
1326
*
74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Code des douanes : Article 219

Foreign investors that are not EU nationals or not incorporated or
having their principal office in the European Union or the
European Economic Area, 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.

Phase-out: None

***
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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: 323, 324
Level of Government: National and sub-federal
Measures:

Subnational level: 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 ber die Presse Baden-Wrttemberg
(LPG BW) v. 14 Jan. 1964, GBl. S.11, gendert durch Gesetz v.
17. Dez. 2009, GBl. S. 809;
9 Abs. 1 Nr. 1 Pressegesetz fr das Land Nordrhein-Westfalen
(Landespressegesetz NRW) v. 24. Mai 1966 (GV. NRW. S. 340),
zuletzt gendert durch Artikel 7 des Gesetzes vom 18. November
2008 (GV. NRW. S. 706);

8 Abs. 1 Gesetz ber die Presse Schleswig-Holstein (PressG SH)
vom 25.1.2012, GVOBL. SH S. 266;

7 Abs. 2 Landespressegesetz fr das Land Mecklenburg-
Vorpommern (LPrG M-V) v. 6 Juni 1993, GVOBl. M-V 1993, S.
541;

8 Abs. 1 Nr. 1 Pressegesetz fr das Land Sachsen-Anhalt in der
Neufassung vom 2.5.2013 (GVBl. LSA S. 198);

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7 Abs. 2 Berliner Pressegesetz (BlnPrG) v. 15 Juni 1965, GVBl.

S. 744 zuletzt gendert 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 gendert durch Gesetz
v. 21. Juni 2012, GVBl. I/12, S. 1;

9 Abs. 1 Nr.1 Gesetz ber die Presse Bremen (BrPrG), Brem.
GBl. 1965, S. 63; zuletzt gendert durch Nr. 2.1 i.V.m. Anl.1
ndBek 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 gendert durch Gesetz
vom 13. Dezember 2012, GVBl. S. 622;

7 Abs. 2 i.V.m 9 Abs.1 Ziffer 1 Thringer 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 Schsisches Gesetz ber die Presse (SchsPresseG) v.
3. April 1992, SchsGVBl. S. 125 zuletzt gendert durch Gesetz v.
13. August 2009, SchsGVBl. S. 438;

8 Abs. 2 Niederschsisches Pressegesetz v. 22. Mrz 1965,
GVbl. S.9 zuletzt gendert durch Artikel 2 des Gesetzes vom
11.10.2010 (Nds. GVBl. S. 480);

9 Abs. 1 Nr. 1 Saarlndisches Mediengesetz (SMG) vom 27.
Februar 2002 (Amtsbl. S. 498), zuletzt gendert durch Art. 1 ndG
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
gendert durch Gesetz v. 22.12.2009 (GVBl. S. 630);

Each publicly distributed and/or printed newspaper, journal, or
periodical must clearly indicate a "responsible editor" (the full
name and address of a natural person).
EUAnnexI

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1329

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.

Phase-out: None

*

Measures: 59e, 59f, 206 Bundesrechtsanwaltsordnung (BRAO; Federal
Lawyers Act)
Gesetz ber die Ttigkeit europischer Rechtsanwlte in
Deutschland (EuRAG)

services in respect of German domestic 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 domestic law (EuRAG).

Residency (commercial presence) is required in order to obtain
full admission to the Bar.

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According to the Lawyers Act ( 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.

Phase-out: None

*

Sub-sector: Legal services: Patent lawyers
Industry classification: Part of CPC 861
Type of reservation: National treatment
Market Access
Measures: 52e, 52 f, 154a und 154 b Patentanwaltsordnung (PAO);

Third-country patent lawyers (non-EU, EEA Member States or
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
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other countries ( 154a PAO) may have their commercial presence

in the form of Patentanwalts-GmbH or Patentanwalt-AG by
acquiring minority shares only.

Phase-out: None

*

Sub-sector: Accounting services, Auditing services
Industry classification: CPC 86211 and 86212 other than accounting services,
(auch CPC 86213, CPC 86219, CPC 86220)
Market Access
Measures: Handelsgesetzbuch, HGB, (Code of Commercial Law),
Wirtschaftsprferordnung, WPO, (Public Accountant Act)

Auditing companies (Wirtschaftsprfungsgesellschaften) 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
Wirtschaftsprfungsgesellschaften. General partnerships and
limited commercial partnerships may be recognised as
Wirtschaftsprfungsgesellschaften 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.
EUAnnexI

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1332

Establishment in the EU is required in order to provide auditing
services. However, auditors from third countries 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
European Union, whose transferable securities are offered for
trading in a regulated market.

An unofficial English version of the Public Accountancy Act may
be found under
http://www.apak-
aoc.de/english/statutory_provisions/statutory_provisions.asp

Phase-out: None

*

Sub-sector: Medical and Dental Services, Midwives services, Services
provided by nurses
Market Access
Measures: Bundesrzteordnung (Federal Medical Regulation), Gesetz ber
die Ausbung der Zahnheilkunde,
Gesetz ber die Berufe des Psychologischen Psychotherapeuten
und des Kinder- und Jugendlichenpsychotherapeuten (Act on the
Provision of Psychotherapy Services of 16.07.1998),
Gesetz ber die berufsmige Ausbung der Heilkunde ohne
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1333
Bestallung,
Gesetz ber den Beruf der Hebamme und des Entbindungspflegers,
Gesetz ber die Berufe in der Krankenpflege;,
7 Absatz 3 Musterberufordnung fuer Aerzte (German Model
professional Code for doctors),
95, 99 and seq. SGB V (Book on Social Security No. V),
Statutory Health Insurance,
1 Absatz 2 and Absatz 5 Hebammengesetz (Midwife Code),
291b SGB V (Book on Social Security No. V) on E-health
providers,
Heilberufekammergesetz des Landes Baden-Wrttemberg in der
Fassung vom 16. 03. 1995 (GBl. BW of 17.05.1995 S. 314),
zuletzt gendert durch Artikel 2 des Gesetzes zur nderung des
Landespflegegesetzes und anderer berufsrechtlicher Vorschriften
vom 15.06.2010 (GBl. BW of 22.06.2010, page 427, page 431),
Gesetz ber die Berufsausbung, die Berufsvertretungen und die
Berufsgerichtsbarkeit der rzte, Zahnrzte, Tierrzte, 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 ber die Kammern und die Berufsgerichtsbarkeit der rzte,
Zahnrzte, Apotheker, Psychologischen Psychotherapeuten und
Kinder- und Jugendpsychotherapeuten (Berliner Kammergesetz)
vom 04.09.1978 (Berliner GVBl. page 1937, rev. page 1980),
zuletzt gendert durch Artikel I Elftes nderungsgesetz vom
17.03.2010 (Berliner GVBl. page 135),
31 Heilberufsgesetz Brandenburg (HeilBerG) vom 28.04.2003,
zuletzt gendert durch Artikel 2 des Gesetzes vom 11.06.2008
(GVBl. I page 134, 139),
Bremisches Gesetz ber die Berufsvertretung, die Berufsausbung,
die Weiterbildung und die Berufsgerichtsbarkeit der rzte,
Zahnrzte, Psychotherapeuten, Tierrzte und Apotheker
(Heilberufsgesetz - HeilBerG) vom 12.05.2005, zuletzt gendert
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
EUAnnexI

4 August 2014
1334
der Fassung vom 15.09.2011 (GV. R-Pf 2011, page 425),

Gesetz ber Berufsausbung, Berufsvertretungen und
sowie der Psychologischen Psychotherapeuten und der Kinder und
Jugendlichenpsychotherapeuten im Freistaat (Schsisches
Heilberufekammergesetz SchsHKaG) vom 24.05.1994
(SchsGVBl. page 935), zuletzt gendert durch Artikel 2 Absatz 5
des Gesetzes vom 19.05.2010 (SchsGVBl. pages 142 and 143),
Gesetz ber die ffentliche Berufsvertretung, die Berufspflichten,
die Weiterbildung und die Berufsgerichtsbarkeit der rzte/
rztinnen, Zahnrzte/ Zahnrztinnen, psychologischen
Psychotherapeuten/ Psychotherapeutinnen und Kinder- und
Jugendlichenpsychotherapeuten/-psychotherapeutinnen,
Tierrzte/Tierrztinnen und Apotheker/Apothekerinnen im
Saarland (Saarlndisches Heilberufekammergesetz - SHKG)
vom 19.11.2007, zuletzt gendert durch Gesetz vom 19.11.2008
(ABl. page 1930).
Thringer Heilberufegesetz vom 29. Januar 2002 (GVBl 2002,
125) zuletzt gendert durch Artikel 14 des Gesetzes vom 8. Juli
2009 (GVBl 2009, 592)

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/ dentists (kassenrztliche / zahnrztliche
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).

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4 August 2014
1335
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-service providers may be limited to guarantee
interoperability, compatibility and necessary safety standards. This
is applied in a non-discriminatory way.

Phase-out: None

*

Sub-sector: Human health and Social Care services, hospitals, ambulance
services, rescue services
National treatment
Measures: Bundesrzteordnung (Federal Medical Regulation),
Gesetz ber die Ausbung der Zahnheilkunde,
Gesetz ber die Berufe des Psychologischen Psychotherapeuten
und des Kinder- und Jugendlichentherapeuten (Act on the
Provision of Psychotherapy Services of 16.07.1998),
Gesetz ber die berufsmige Ausbung der Heilkunde ohne
Bestallung,
Gesetz ber den Beruf der Hebamme und des Entbindungspflegers,
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4 August 2014
1336
Gesetz ber den Beruf der Rettungsassistentin und des

Rettungsassistenten,
Gesetz ber die Berufe in der Krankenpflege,
Gesetz ber die Berufe in der Physiotherapie,
Gesetz ber den Beruf des Logopden,
Gesetz ber den Beruf des Orthoptisten und der Orthoptistin,
Gesetz ber den Beruf der Podologin und des Podologen,
Gesetz ber den Beruf der Ditassitentin und des Ditassistenten,
Gesetz ber den Beruf der Ergotherapeutin und des
Ergotherapeuten,
Bundesapothekerorndung
gesetz ber den Beruf des pharmazeutisch-technischen Assistenten
Gesetz ber technische Assistenten in der
Medizin,Personenbefrderungsgesetz (Act on Public Transport),
Gesetz ber den Rettungsdienst (Rettungsdienstgesetz - RDG) in
Baden-Wrttember vom 08.02.2010 (GBl. 2010, page 285),
Bayerisches Rettungsdienstgesetz (BayRDG) vom 22.07.2008
(GVBl 2008, page 429),
Gesetz ber den Rettungsdienst fr das Land Berlin
(Rettungsdienstgesetz) vom 08.07.1993 (GVBl. page 313)
gendert durch Anlage Nr. 33 des 7. Aufhebungsgesetzes vom
04.03.2005 (GVBl. page 125),
Gesetz ber den Rettungsdienst im Land Brandenburg (BbgRettG)
in der Fassung vom 18.05.2005,
Gesetz ber den Rettungsdienst im Lande Bremen (BremRettDG)
vom 22.09.1992, zuletzt gendert durch das Gesetz vom
26.05.1998,
Hamburgisches Rettungsdienstgesetz (HmbRDG) vom 09.06.1992,
zuletzt gendert am 27.09.1995,
Gesetz zur Neuordnung des Rettungsdienstes in Hessen (HRDG)
vom 24.11.1998,
Gesetz ber den Rettungsdienst fr das Land Mecklenburg-
Vorpommern (RDGM-V) vom 01.07.1993, gendert durch Erstes
Gesetz zur nderung des RDGM-V vom 29.05.1998,
Niederschsisches Rettungsdienstgesetz (NRettDG) vom
02.10.2007 (GVBl, page 473, zuletzt gendert am 22.02.2012
(GVBl. Page 18),
Gesetz ber den Rettungsdienst sowie die Notfallrettung und den
Krankentransport durch Unternehmer (RettG NRW) vom
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1337
09.11.1992, zuletzt gendert am 06.07.2004.

Landesgesetz ber den Rettungsdienst sowie den Notfall- und
Krankentransport (RettDG) vom 22.04.1991.
Saarlndisches Rettungsdienstgesetz (SRettG) vom 09.02.1994,
zuletzt gendert 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 ber die Notfallrettung und den Krankentransport im Land
Schleswig-Holstein (RDG) vom 29.11.1991.
Thringer Rettungsdienstgesetz (ThRettG) vom 22.12.1992.
8 Krankenhausfinanzierungsgesetz (Hospital Financing Act),
14, 30 Gewerbeordnung (German Trade, Commerce and
Industry Regulation Act),
108 Sozialgesetzbuch V (Book on Social Security No. V),
Statutory Health Insurance,
291b SGB V (Book on Social Security No. V) E-health provider,
15 Sozialgesetzbuch VI (SGB VI, Book on Social Security No.
VI),
34 Sozialgesetzbuch VII (SGB VII, Book on Social Security No.
VII), Unfallversicherung
21 Sozialgesetzbuch IX (SGB IX, Book on Social Security No.
IX) Rehabilitation und Teilhabe behinderter Menschen),,
72 Sozialgesetzbuch XI (SGB XI, Book on Social Security No.
XI), Long-term Care Insurance,

Landespflegegesetze
Gesetz zur Umsetzung der Pflegeversicherung in Baden-
Wrttemberg (Landespflegegesetz - LPflG) vom 11. September
1995, zuletzt gendert sowie Abschnitt 7 neu gefasst durch Arti-kel
1 des Gesetzes vom 15. Juni 2010 (GBl. S. 427)
Gesetz zur Ausfhrung der Sozialgesetze (AGSG) vom 8.
Dezember 2006, zuletzt gendert 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 gendert durch Gesetz vom 19. Dezember2005 (GVBl. S.
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792)
Gesetz zur Umsetzung des Elften Buches Sozialgesetzbuch
(Landespflegegesetz - LPflegeG) Vom 29. Juni 2004, zuletzt
gendert durch Artikel 1 des Gesetzes vom 12. Juli 2011 (GVBl. I
S. 15)
Gesetz zur Ausfhrung des Pflege-Versicherungsgesetzes im
Lande Bremen und zur nderung des Bremischen Ausfhrungs-
gesetzes zum Bundessozialhilfegesetz (BremAGPflegeVG) vom
26. Mrz 1996, zuletzt gendert durch Gesetz vom 28. Februar
2012 (GBl. S. 149)
Hamburgisches Landespflegegesetz (HmbLPG) vom 18. Sep-
tember 2007, zuletzt gendert durch Gesetz vom 22. Juni 2010
(GVBl. S. 440)
Hessisches Ausfhrungsgesetz zum Pflege-Versicherungsgesetz
vom 19. Dezember 1994, zuletzt gendert durch Gesetz vom 30.
April 1997 (GVBl. I S. 74)
Landespflegegesetz (LPflegeG M-V) vom 16. Dezember 2003,
zuletzt gendert durch Artikel 3 des Gesetzes vom 29. September
2010 (GVBl. S. 534)
Gesetz zur Planung und Frderung von Pflegeeinrichtungen nach
dem Elften Buch Sozialgesetzbuch (Niederschsisches
Pflegegesetz - NPflegeG) vom 26. Mai 2004, zuletzt gendert
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.
Mrz 1996, zuletzt gendert 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)
Saarlndisches Gesetz Nr. 1355 zur Planung und Frderung von
Pflegeeirich-tungen vom 21. Juni 1995, zuletzt gendert durch
Gesetzes vom 1. Juli 2009 (ABl. S. 1217)
Schsisches Pflegegesetz (SchsPflegeG) vom 25. Mrz 1996 ist
zum 31.12.2002 auer Kraft getreten)
Ausfhrungsgesetz zum Pflege-Versicherungsgesetz (PflegeV-
AG) vom 7. August 1996, zuletzt gendert durch Art. 1 des Ge-
setzes vom 10. August 2007 (GVBl. S. 306)
Ausfhrungsgesetz zum Pflege-Versicherungsgesetz (Landes-
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4 August 2014
1339
pflegegesetz - LPflegeG) vom 10. Februar 1996, zuletzt gen-dert

durch Art. 63 LVO vom 15. September 2010 (GVOBl. S. 575)
Thringer Gesetz zur Ausfhrung des Pflege-Versicherungs-
gesetzes (ThrAGPflegeVG) vom 20. Juli 2005, zuletzt gendert
durch Gesetz vom 8. Juni 2010 (GVBl. S. 206).
Personenbefrderungsgesetz (Act on Public Transport),
Landeskrankenhausgesetz Baden-Wrttemberg vom 29.11.2007,
gendert durch Universittsmedizingesetz vom 07.02.2011,
sections 2 and 3 of the Bavarian Act on Hospitals (Bayerisches
Krankenhausgesetzes - BayKrG) vom 28.03.2007, gendert durch
das Nachtragshaushaltsgesetz 2008 vom 23.04.2008,
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. Page 127), gendert durch zweites ndG vom
06.10.2006 (HmbGVBl. page 510)
17-19 Hessisches Krankenhausgesetz 2011 (HKHG 2011) vom
21.12.2010 (GVBl. I 2010, Seite 587),
Krankenhausgesetz fr das Land Mecklenburg-Vorpommern
(LKHG M-V) vom 20.05.2011 (GVOBl. M-V 2011, page 327),
Niederschsisches 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), gendert
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),
Saarlndisches Krankenhausgesetz (SKHG) vom 13.07.2005,
zuletzt gendert durch Gesetz vom 18.11.2010 (Saarl. Amtsbl. I
page 1420),
Gesetz zur Ausfhrung des Krankenhausfinanzierungsgesetzes
(AG-KHG) in Schleswig-Holstein vom 12.12.1986 (GVOBl.
Schl.-H. page 302), zuletzt gendert am 12.10.2005,
3 Krankenhausgesetz Sachsen-Anhalt (KHG LSA) vom
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1340
14.04.2005 (GVBl. LSA 2005, page 202),

Gesetz zur Neuordnung des Krankenhauswesens (Schsisches
Krankenhausgesetz - SchsKHG)

vom 19.08.1993 (Schs GVBl.
page 675), zuletzt gendert durch Schsisches Standortegesetz vom
27.01.2012 (SchsGVBl. Seite 130),
4 Thringischer Krankenhausgesetz (Thr KHG) in der Fassung
der Neubekanntmachung 30.04.2003 (GVBl. page 262),
Gesetz zur Neuordnung des Krankenhauswesens (Schsisches
Krankenhausgesetz SchsKHG) vom 19. August 1993
(SchsGVBl. page 675), zuletzt gendert durch Artikel 50 des
Gesetzes vom 27. Januar 2012 (SchsGVBl. page 130, 147)
Rescue services and "qualified ambulance services" are organised
and regulated by the Lnder. Most Lnder 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 providers.
Ambulance services are subject to planning, permission and
accreditation.


The number of ICT-service providers may be limited to guarantee
interoperability, compatibility and necessary safety standards. This
is applied in a non-discriminatory way.

Phase-out: None

*

EUAnnexI

4 August 2014
1341

Measures: Federal Code for the Veterinary Profession (Bundes-
Tierrzteordnung 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) gendert worden ist,
4Abs. 2)
sub-central level:
Acts on the Councils for the Medical Profession of the Lnder
(Heilberufs- und Kammergesetze der Lnder) and (based on these)
Baden-Wrttemberg, Gesetz ber das Berufsrecht und die
Kammern der rzte, Zahnrzte, Tierrzte, Apotheker,
Psychologischen Psychotherapeuten sowie der Kinder- und
Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz -
HBKG) in der Fassung vom 16.03.1995
Bayern, Gesetz ber die Berufsausbung, die Berufsvertretungen
und die Berufsgerichtsbarkeit der rzte, Zahnrzte, Tierrzte,
Apotheker sowie der Psychologischen Psychotherapeuten und der
Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-
Kammergesetz - HKaG) in der Fassung der Bekanntmachung vom
06.02.2002
Berlin, Gesetz ber die Kammern und die Berufsgerichtsbarkeit
der rzte, Zahnrzte, Tierrzte, Apotheker, Psychologischen
Psychotherapeuten und Kinder- und
Jugendlichenpsychotherapeuten (Berliner Kammergesetz) in der
Fassung vom 04.091978 (GVBl. S. 1937), zuletzt gendert durch
Gesetz vom 17.03.2010 (GVBl. S. 135)
Brandenburg, Heilberufsgesetz (HeilBerG) Vom 28.04.2003
(GVBl.I/03, [Nr. 07], S.126), zuletzt gendert durch Artikel 18 des
Gesetzes vom 13.03.2012 (GVBl.I/12, [Nr. 16]
Bremen, Gesetz ber die Berufsvertretung, die Berufsausbung,
EUAnnexI

4 August 2014
1342
Zahnrzte, Psychotherapeuten, Tierrzte und Apotheker

(Heilberufsgesetz - HeilBerG) vom 12.05.2005, (Brem.GBl. S.
149) Zuletzt gendert durch Nr. 2.1 i.V.m. Anl. 1 ndBek vom
24.01.2012 (Brem.GBl. S. 24)
Hamburg, Hamburgisches Kammergesetz fr die Heilberufe
(HmbKGH) Vom 14.12.2005 Zum Ausgangs- oder Titeldokument
(HmbGVBl. 2005, S. 495) zuletzt gendert durch Gesetz vom
02.03.2010 (HmbGVBl. S. 247)
Hessen, Gesetz ber die Berufsvertretungen, die Berufsausbung,
Zahnrzte, Tierrzte, Apotheker, Psychologischen
Psychotherapeuten und Kinder- und
Jugendlichenpsychotherapeuten (Heilberufsgesetz) in der Fassung
vom 07.02.2003, zuletzt gendert 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 gendert durch
Artikel 3 des Gesetz zur Ergnzung und nderung von
Gesundheitsrecht und zur nderung des
Aufgabenzuordnungsgesetzes vom 06.07.2011
Niedersachsen, Kammergesetz fr die Heilberufe
(HKG) in der Fassung vom 08.12.2000 zuletzt gendert 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 gendert durch
Gesetz vom 17. Dezember 2009 (GV.NRW 2009 S. 865f)
Rheinland-Pfalz, Heilberufsgesetz (HeilBG) vom 20.10.1978,
zuletzt gendert durch Artikel 4 des Gesetzes vom 27.10.2009
(GVBl. S. 358)
Saarland, Gesetz Nr. 1405 ber die ffentliche Berufsvertretung,
die Berufspflichten, die Weiterbildung und die
Berufsgerichtsbarkeit der rzte/rztinnen,
Zahnrzte/Zahnrztinnen, Tierrzte/Tierrztinnen und
Apotheker/Apothekerinnen im Saarland (Saarlndisches
Heilberufekammergesetz - SHKG) vom 11.03.1998 in der Fassung
EUAnnexI

4 August 2014
1343
der Bekanntmachung vom 19.11.2007 (Amtsbl. S. 2190) gendert

durch das Gesetz vom 19.11.2008 (Amtsbl. S. 1930)
Sachsen, Gesetz ber Berufsausbung, Berufsvertretungen und
sowie der Psychologischen Psychotherapeuten und der Kinder-
und Jugendlichenpsychotherapeuten im Freistaat Sachsen
(Schsisches Heilberufekammergesetz SchsHKaG) vom
24.05.1994, Rechtsbereinigt mit Stand vom 5. Juni 2010
Sachsen-Anhalt, Gesetz ber die Kammern fr Heilberufe
Sachsen-Anhalt (KGHB-LSA) vom 13.07.1994 (GVBl. LSA 1994,
S. 832) zuletzt gendert durch Artikel 4 des Gesetzes vom
02.02.2011 (GVBl. LSA S. 58)
Schleswig-Holstein, Gesetz ber die Kammern und die
Berufsgerichtsbarkeit fr die Heilberufe (Heilberufekammergesetz
- HBKG) vom 29. Februar 1996, zuletzt gendert durch Gesetz
vom 13.07.2011 (GVOBl. S. 221)
Thringen, Thringer Heilberufegesetz (ThrHeilBG) in der
Fassung der Bekanntmachung vom 29.01.2002 (GVBl 2002, S.
125) zuletzt gendert durch Artikel 14 des Gesetzes vom
08.07.2009 (GVBl. S. 592)
Codes of Professional Conduct of the Veterinary Practitioners
Councils (Berufsordnungen der Kammern)



Phase-out: None

EUAnnexI

4 August 2014
1344
*

Sub-sector: Supply services of support personnel
Industry classification: CPC 87201, 87202, CPC 87203
Measures: 1 and 3 Abs 5 Arbeitnehmerberlassungsgesetz AG 292
SGB III 42 Beschftigungsverordnung

EU nationality or a commercial presence in the EU is required in
order to obtain a licence to operate as a temporary employment
agency (Pursuant to Sec. 3 paras. 2 & 3 of this Act)

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.

Phase-out: None

*

EUAnnexI

4 August 2014
1345
Market Access
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 ber Vertriebswege fr Medizinprodukte


Residency is required in order to obtain a licence as a pharmacist
and/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.

Phase-out: None

*

EUAnnexI

4 August 2014
1346

74540, CPC 74590, CPC 5133/5223
Market Access

In order to register a seagoing vessel on the national shipping
register, the majority of shares in a vessel must be owned by EU
citizens or companies established in accordance with EU rules and
that have their principal place of business in an EU Member State.
The use of the vessel must be headed and supervised by persons
residing in Germany.

Phase out: None

*

Sector: Transport
Sub-sector: Water Transport, Supporting Services for Water Transport, Rental
of ships, leasing services of ships without operators
EUAnnexI

4 August 2014
1347

Industry classification: CPC 72, CPC 745, CPC 83103, CPC 86751,CPC 86754, CPC
8730
Market Access
Measures: 1, 2 Flaggenrechtsgesetz (Flag Protection Act),
2 Verordnung ber die Kstenschifffahrt 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), gendert durch Artikel 516 Verordnung vom 31.10.2006
(BGBl. I S. 2407

A vessel that does not belong to a German or EU national may be
used in the German federal waterways only after specific
authorisation.

Cabotage operations may only be performed by vessels flying
German or another EU Member State 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
KSchVO)
EUAnnexI

4 August 2014
1348

All activities falling within the scope of the pilot law are regulated
and accreditation is restricted to German, EU/EEA MS or Swiss
nationals.

For rental/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 EU Member State.

Transactions between residents and non-residents concerning

- the rental of internal waterways vessels, which are not
registered in the economic area,
- the transport of freight with such internal waterways vessels or
- the towing services by such internal waterways vessels

within the economic area may be restricted.

Phase-out: None

***
EUAnnexI

4 August 2014
1349
Reservations Applicable in Greece

Sector: All sectors
Market Access
Measures: Law No 1892/90

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.

Phase-out: None

*

Market Access
EUAnnexI

4 August 2014
1350

Measures: Lawyers Code (Law 3026/1954), as amended by Presidential
Decree 172/1989

including representation before courts. Only EEA or Swiss
nationals may be admitted to the Bar, and are thus entitled to
provide legal services in respect of domestic law.


Phase-out: None

*

Measures: Presidential Decree 226/1992,
EUAnnexI

4 August 2014
1351
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)

EU nationality is required in order to obtain a licence to be a
statutory auditor. By Regulatory Act, the ELTE (Oversight Body
in Greece) may issue a licence to a third country auditor if, in its
discretion, the conditions laid down in Articles 4 and 6 to 11 of
Law 3693/2008 is met.

Phase-out: None

*

Market Access
Measures: Precidential Degree 38/2010, Ministerial Decision 165261/IA/2010
(Gov. Gazette 2157/B)

EUAnnexI

4 August 2014
1352
EU nationality condition for veterinary services.

Phase-out: None

*

Sector: Business services and Health and Social Services
Sub-sector: Services provided by Nurses, Physiotherapists and Paramedical
Personnel
Industry classification: part of CPC 93191, 93123
Market Access
Measures: Law 1666/1986

Greek nationality is required for dental technicians.

*

Market Access
EUAnnexI

4 August 2014
1353

Measures: Law 5607/1932 as amended by Laws 1963/1991 and 3918/2011

Only natural persons, who are licenced pharmacists, and
companies founded by licenced pharmacists, are permitted to
provide retail services of pharmaceuticals and specific medical
goods to the public.

EU nationality is required in order to operate a pharmacy.

Phase-out: None

*

Sub-sector: Primary Education Services, Secondary Education Services
Senior Management and Boards of Directorst
Measures: Laws 682/1977, 284/1968, 2545/1940 and Presidential Degree
211/1994 as amended by Presidential Degree 394/1997

EU nationality condition for owners and a majority of the members
of the Board of Directors in privately funded primary and secondary
EUAnnexI

4 August 2014
1354
schools, and for teachers in privately funded primary and secondary

education.

Phase-out: None

*

Market Access
Measures: Constitution of Hellas, art. 16, par. 5 and Law 3549/2007

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.

*

EUAnnexI

4 August 2014
1355

Measures: Legislative Degree 400/1970

t
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.

Phase-out: None

*

Sub-sector: Tourist Guides Services
Market Access
Measures: Presidential Degree 38/2010, Ministerial Decision 165261/IA/2010
(Gov. Gazette 2157/B)

EUAnnexI

4 August 2014
1356

EU nationality condition required in order to provide tourist guide
services.

Phase-out: None

*

transport services (passengers and freight) by seagoing
vesselsPilotage and berthing services, Vessel salvage and
refloating services, Other supporting services for water transport,
74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Article 5 of the Code of Public Maritime Law (Degree no
187/1973, as amended by Presidential Degree no 11/2000

Over 50% of shares of a seagoing vessel must be owned by EU or
EEA nationals or companies in order to be registered on the
registry of Greece. The vessel must be managed from Greece.

EUAnnexI

4 August 2014
1357

Phase-out: None

*

Sector: Transport
Measures: Code of Public Maritime Law (Legislative Degree 187/1973)

Public monopoly in port areas for cargo-handling services.

Phase-out: None

*

Sector: Road Transport
Sub-sector: Operators of road freight transport services
EUAnnexI

4 August 2014
1358
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
1071/09 & 1072/09

In order to engage in the occupation of road freight transport
operator a Hellenic licence is needed. Licences are granted on
nondiscriminatory terms, under condition of reciprocity (quid pro
quo). Road freight transport operations established in Greece may
only use vehicles that are registered in Greece.

Phase-out: None

***
EUAnnexI

4 August 2014
1359
Reservations Applicable in Hungary

Sector: All sectors
Market Access
Measures: Government Decree No. 7/1996 on the Acquisition of Real Estate
by Foreigners

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.

Phase-out: None

*

Market Access
EUAnnexI

4 August 2014
1360

Measures: ACT XI of 1998 on Attorneys at Law

services in respect of Hungarian domestic law, including
representation before courts. Full admission to the Bar is subject to
a nationality condition, coupled with a residency requirement.

Only EEA nationals 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 (gyvd) or a barristers office (gyvdi 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.

Phase-out: None

*

Sector: Legal services
Sub-sector: Patent agents
EUAnnexI

4 August 2014
1361
Market Access
Measures: Act XXXII of 1995 on Patent Attorneys

For supplying patent agent services, residency is required for non-
EEA nationals.
Phase-out: None

*

Sub-sector: Taxation Advisory Services, Architectural services, Engineering
services, Integrated Engineering Services
Industry classification: CPC 863, 8671, 8672, 8673
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

The provision of the following services, insofar as they are being
supplied by a physical person present in the territory of Hungary,
requires residency:-
EUAnnexI

4 August 2014
1362

Architectural services
Engineering services (only applicable to graduate trainees)
Integrated Engineering services.

Phase-out: None

*

Sub-sector: Landscape architectural services
Market Access
Measures: Act LVIII of 1996 on the Professional Chambers of Architects and
Engineers

The supply of landscape architectural services by non-EEA
nationals requires residency. The supply of landscape architecture
services is therefore only available to service suppliers established
or resident in the EEA.

EUAnnexI

4 August 2014
1363
Phase-out: None

*

Market Access
Measures: Act CXXVII of 2012 on the Hungarian Veterinary Chamber and on
the conditions how to supply Veterinary services

For supplying veterinary services, membership of the Hungarian
Veterinary Chamber is required. Only EEA nationals may be
admitted to the Chamber.

Authorisation for establishment is subject to an economic needs
test. Main criteria: labour market conditions in the sector.

Phase-out: None

*

EUAnnexI

4 August 2014
1364
Sub-sector: Services Related to Management Consulting Arbitration and

Conciliation Services
Market Access
Measures: Act LV of 2002 on Mediation

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 (e.g. arbitration and conciliation) activities which may
only be granted to juridical or natural persons that are established in
or resident in Hungary.

Phase-out: None

*

Sub-sector: Translation services
Measures: Decree of the Council of Ministers No. 24/1986 on Official
translation and interpretation

EUAnnexI

4 August 2014
1365

Official translations, official certifications of translations, and
certified copies of official documents in foreign languages may
only be provided by the National Translation and Authentication
Office (OFFI).

Phase-out: None

*

Market Access
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

EEA nationality is required in order to operate a pharmacy.


Phase-out: None

EUAnnexI

4 August 2014
1366
*

Sub-sector: Banking and Other Financial Services
Type of Reservation: Cross-Border Supply of Financial Services
Measures: Act CCXXXVII of 2013 on Credit Institutions and Financial
Enterprises

Non-EEA companies may provide financial services or engage in
activities auxiliary to financial services solely through their
Hungarian branch.

Phase-out: None

*

Sub-sector: Banking and Other Financial Services
Market Access
EUAnnexI

4 August 2014
1367
Measures: Act CCXXXVII of 2013 on Credit Institutions and Financial

Enterprises; Act CXX of 2001 on the Capital Market

The board of directors of a credit institution shall have at least two
members recognised as resident according to foreign exchange
regulations and having had prior permanent residence in 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.

Phase-out: None

*

Sub-sector: Travel Agencies and Tour Operators Services, Tourist Guide
Services
Market Access
Measures: Act CLXIV of 2005 on Trade, Government Decree No. 213/1996
(XII.23.) on Travel Organization and Agency Activities

EUAnnexI

4 August 2014
1368

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 EEA nationals and juridical persons having their
seats in the EEA member states.

Phase-out: None

*

74540, CPC 74590, CPC 5133/5223
Market Access
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.
EUAnnexI

4 August 2014
1369
Phase-out: None

***
EUAnnexI

4 August 2014
1370
Reservations Applicable in Ireland

Sector: All Sectors
Sub-sector: Acquisition, purchase, rental or leasing of real estate
Market Access

Prior written consent of the Land Commission is necessary for the
acquisition of any interest in Irish land by domestic or foreign
enterprises or foreign nationals. Where such land is for industrial
use (other than agricultural industry), this requirement is waived
subject to certification to this effect from the Minister for
Enterprise, Trade and Employment.

This law does not apply to land within the boundaries of cities and
towns.

Phase-out: None

*

Sector: Agriculture and hunting
EUAnnexI

4 August 2014
1371
Sub-sector:

Establishment by Canadian residents in flour milling activities is
subject to authorisation.

Phase-out: None

*

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, 13, 14, CPC 883
Market Access

Level of Government: National and regional
Measures: Minerals Development Acts 1940 1999, Planning Acts and
Environmental Regulations

EUAnnexI

4 August 2014
1372
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/Licenses to
develop such minerals within the lease/licence area, whether the
minerals are State-owned or privately-owned.

Exploration and mining companies operating in Ireland are
required to have a presence here. 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/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/License.

Phase-out: None

*

Market Access

EUAnnexI

4 August 2014
1373

services in respect of Irish domestic law, including representation
before courts. Residency (commercial presence) is required in
order to obtain full admission to the Bar.


Phase-out: None

*


Provision of auditing services through partnership only.

Phase-out: None
EUAnnexI

4 August 2014
1374

*

Access through partnership or natural persons only.

Phase-out: None

*

In the case of collective investment schemes constituted as unit
trusts and variable capital enterprises (other than undertakings for
collective investment in transferable securities, UCITS), the
EUAnnexI

4 August 2014
1375
trustee/depository and management company is required to be

incorporated in Ireland or in another Member State of the EU (no
branches).

In the case of an investment limited partnership, at least one
general partner must be incorporated in Ireland. To become a
member of a stock exchange in Ireland, an entity must either (I) be
authorised in Ireland, which requires that it be incorporated or be a
partnership, with a head/registered office in Ireland, or (II) be
authorised in another Member State.

Phase-out: None

*

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Mercantile Marine Act 1955 as amended by the Merchant Shipping
(Miscellaneous Provisions) Act 1998 and the Sea-Fisheries and
Maritime Jurisdiction Act 2006.

EUAnnexI

4 August 2014
1376

Foreign investors investing in a body corporate established under
and subject to the law of a Member State of the European Union,
and which has its principal office in Ireland or another Member
State of the European Union, may register a vessel on the Irish
Ship Register.

***
EUAnnexI

4 August 2014
1377
Reservations Applicable in Italy

Sector: Publishing and printing
Sub-sector:
Industry classification: ISIC rev 3.1: 221 and 222
Market Access
Measures: Law 416/1981, art. 1 (and subsequent amendments)

In so far as Canada and its provinces and territories allow Italian
nationals and enterprises to exercise these activities, Italy will
allow Canadian nationals and enterprises to exercise these
activities under the same conditions.

Insofar as Canada and its provinces and territories allow Italian
investors to own more than 49% of the capital and voting rights in
a Canadian publishing company, then Italy will allow Canadian
investors to own more than 49% of the capital and voting rights in
an Italian publishing company under the same conditions.

Phase-out: None

*
EUAnnexI

4 August 2014
1378

Market Access
Measures: Royal Decree 1578/1933 art. 17 Law on the legal profession

services in respect of Italian domestic 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-

Phase-out: None

*

EUAnnexI

4 August 2014
1379
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
National Treatment
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

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.

Phase-out: None

*

EUAnnexI

4 August 2014
1380
Sub-sector: Architectural Services, Engineering Services, Urban Planning and

Landscape Architectural
Market Access
Measures: Royal Decree 2537/1925 regulation on the profession of architect
and engineer, Law 1395/1923, DPR 328/2001

Residency in Italy is required for enrolment in the professional
register, which is necessary for the exercise of the profession.

Phase-out: None

*

Market Access
Measures: Legislative Decree C.P.S. 233/1946, art. 7-9
Decree of the President of the Republic (DPR) 221/1950, par. 7

EUAnnexI

4 August 2014
1381

register, which is necessary for the exercise of the profession.

Phase-out: None

*

Sub-sector: R & D Services relating to Social Sciences And Humanities -
Psychologists
Market Access
Measures: Law 56/1989 on the psychologist profession

register, which is necessary for the exercise of the profession. EU
nationality is required, foreign professionals may be allowed to
practice based on reciprocity.

Phase-out: None

*

EUAnnexI

4 August 2014
1382

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
Market Access
Measures: Geologists: Law 112/1963 (art. 2 and 5);DPR 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.

Residency or professional domicile in Italy is required for
enrolment in the geologists' register, which is necessary for the
exercise of the professions of surveyor or geologist in order to
provide services relating to exploration and the operation of mines,
etc. There is an EU nationality 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.

Phase-out: None
EUAnnexI

4 August 2014
1383

*

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, 11, 12, 13, 14, CPC 8675, CPC 883
Level of Government: National and regional (for exploration)
Measures: Exploration services: Royal Decree 1447/1927;Legislative Decree
112/1998, art. 34

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 1447/1927).
This permit has a duration, defines exactly the borders of the
ground under exploration and more than one exploration permit
may be granted for the same area to different persons or companies
(this type of licence is not necessarily exclusive).

In order to cultivate and exploit minerals, an authorisation
(concessione, art. 14) from the regional authority is required.

Phase-out: None

*
EUAnnexI

4 August 2014
1384

Market Access
Measures: Law on public security (TULPS) 773/1931 art. 133-141 Art. 138
134 136. Royal Decree 635/1940 Art. 257

EU nationality 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
Market Access
Measures: Legislative Decree 184/2003
Law 165/1962
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1385
Law 3/2003
Law 1293/1957
Law 907/1942
Decree of the President of the Republic (D.P.R.) 1074/1958

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
magazines (magazzini), EU nationality is required.

Phase-out: None

*

Market Access
Measures: Law 362/1991, art. 1, 4, 7 and 9
Legislative Decree CPS 233/1946, art. 7-9
Decree of the President of the Republic (DPR) 221/1950, par. 3
and 7

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4 August 2014
1386
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 EU citizens
enrolled in the Register of pharmacists (albo) are able to
participate in a public competition.

The exercise 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 EU nationality or residency and the exercise 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 art. 7-8-9 and DPR
221/1950 par. 3, 7).

Phase-out: None

*

EUAnnexI

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1387
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

An economic needs test is applied for the opening of privately
funded universities authorised to issue recognised diplomas or
degrees based on a 3 year programme. Main criteria: population
and density of existing establishments.

Only Italian juridical persons may be authorised to issue state-
recognised diplomas.

Phase-out: None

*

Measures: Law 194/1942, art. 4, law 4/1999 on the register

EUAnnexI

4 August 2014
1388

Residency in Italy is required for enrolment in the actuarial
register, which is necessary for the exercise of the actuarial
profession.

Phase-out: None

*

Market Access
Measures: Legislative Decree 58/1998, art. 1, 19, 28, 30-33, 38, 69 and 80
Joint Regulation of Bank of Italy and Consob 22.2.1998, art, 3 and
41
Regulation of Bank of Italy 25.1.2005, Title V, Chapter VII,
Section II
Consob Regulation 16190 of 29.10.2007, art. 17-21, 78-81 and 91-
111

In order to be authorised to manage the securities settlement
system or central securities depository services with an
EUAnnexI

4 August 2014
1389
establishment in Italy, a company is required to be incorporated in

Italy (no branches).

In the case of collective investment schemes other than UCITS
harmonised under EU legislation, the trustee/ 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).

Phase-out: None

*

EUAnnexI

4 August 2014
1390

Market Access
Measures: Law 135/2001 art. 7.5 and 6
Law 40/2007 (DL 7/2007)

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 EU countries can work freely without
the requirement for such a licence. The licence is granted to tourist
guides demonstrating adequate competence and knowledge.

Phase-out: None

*

74540, CPC 74590, CPC 5133/5223
Market Access
EUAnnexI

4 August 2014
1391

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.
Phase-out: None

*

Sector: Transport
Measures: Shipping Code
Law 84/1994
Ministerial decree 585/1995

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.
EUAnnexI

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1392

Phase-out: None

***
EUAnnexI

4 August 2014
1393
Reservations Applicable in Latvia

Sector: All sectors
Market Access
Measures: Law on land reform in the cities of the Republic of Latvia, Section
20, 21,
Law on land privatisation in rural areas, Section 28

Acquisition of urban land by third country nationals is permitted
through incorporated companies registered in Latvia or other EU
Member States:-
a) if more than 50% of their equity capital is owned by Latvian or
EU Member States nationals, the Latvian Government or a
municipality, separately or in total;
b) if more than 50% of their equity capital is owned by natural
persons and companies of third countries with whom Latvia has
concluded bilateral agreements on promotion and reciprocal
protection of investments and which have been approved by the
Latvian Parliament before 31th December 1996;
c) if more than 50% of their equity capital is possessed by natural
persons and companies of third countries with whom Latvia has
concluded bilateral agreements on promotion and reciprocal
protection of investments after the 31th December 1996, if in those
agreements the rights of Latvian natural persons and companies on
EUAnnexI

4 August 2014
1394
acquisition of land in the respective third country have been

determined;
d) if more than 50 % of their equity capital is possessed by persons
from a) to c) together;
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 Canadian nationals and enterprises to
purchase urban real estate in Latvia under the same conditions as
Latvian nationals.

Phase-out: None

*

Measures: Pharmaceutical Law, Section 38

In order to commence independent practice in a pharmacy, a foreign
pharmacist or pharmacists assistant, educated in a state which is not
a Member State of the EU or a state of the EEA, must work for at
least one year in a pharmacy under the supervision of a pharmacist.

EUAnnexI

4 August 2014
1395
Phase-out: None

*

Market Access
Measures: Criminal Procedure Law, Section 79
Advocacy Law of the Republic of Latvia, Section 4

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 EU
nationals, 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 domestic law is only permitted by:

1) a sworn solicitor or an assistant of a sworn solicitor holding
Latvian nationality or

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4 August 2014
1396
2) an EU national who has been designated as an advocate in one of

the EU Member States or

3) a foreign advocate, in the framework of an agreement on legal
assistance concluded between Latvia and the relevant foreign
country.

For advocates of a European Union Member State 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.


Phase-out: None

*

Market Access
EUAnnexI

4 August 2014
1397
Measures: Law on Sworn Auditors

In a commercial company of sworn auditors, a foreign investor may
only own more than 50% 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 states of the EEA, who, in accordance
with laws of the Member State of the EU or the 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.

Phase-out: None

*

Sub-sector: Printing and Publishing
Market Access
Measures: Law on the Press and Other Mass Media, Section 8

Only legal persons incorporated in the Republic of Latvia, and
natural persons of the Republic of Latvia have the right to found
and publish mass media. Branches are not allowed.
EUAnnexI

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1398

Phase-out: None

*

74520, CPC 74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Law "Maritime Code"

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.

Phase-out: None
EUAnnexI

4 August 2014
1399

***

EUAnnexI

4 August 2014
1400
Reservations Applicable in Lithuania

Market Access
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);



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4 August 2014
1401
Only EEA or Swiss nationals 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.

Phase-out: None

*

Market Access
Measures: Law on Audit of 15 June 1999 No.VIII -1227 (a new version of 3
July 2008 No X-1676)

Not less than 75% of shares should belong to auditors or auditing
companies of the EU or EEA.

An auditors report must be prepared in conjunction with an
auditor accredited to practice in Lithuania.

EUAnnexI

4 August 2014
1402
Establishment is not permitted in the form of a Public Stock

Corporation (AB).

Phase-out: None

*

Sub-sector: Patent agents
Type of reservation: National treatment
Market Access
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);

Third-country (non-EU Member States) nationals are not allowed
to be registered as patent attorneys. Only patent attorneys are
allowed to provide patent agent services in the Republic of
Lithuania.
EUAnnexI

4 August 2014
1403

Phase-out: None

*

Sub-sector: Distribution of pyrotechnics
Measures: Law on Supervision of Civil Pyrotechnics Circulation (23 March
2004. No. IX-2074)

The distribution of pyrotechnics is subject to licensing. Only the
juridical persons established in the EU may obtain a licence.

Phase-out: None

*

Sector: Energy
Sub-sector: Pipeline transport of fuels; Services incidental to energy
distribution
Type of reservation: Market access
EUAnnexI

4 August 2014
1404

Measures: Law on Natural Gas of the Republic of Lithuania of 10 October
2000 No VIII-1973

Establishment is required. Licences for transmission and
distribution of fuels may only be issued to legal persons of the
Republic of Lithuania or branches of foreign legal persons or other
organisations (subsidiaries) established in the Republic of
Lithuania.

This reservation does not apply to consultancy services related to
the transmission and distribution on a fee or contract basis of fuels.

Phase-out: None

*

Sector: Energy
Sub-sector: Transmission and Distribution of Electricity
Industry classification: ISIC Rev.3.1: 401, CPC 887
Measures: Law on electricity of the Republic of Lithuania of 20 July 2000 No
VIII-1881

EUAnnexI

4 August 2014
1405
The licences for transmission, distribution, public supply and

organizing of trade of electricity may only be issued to legal
persons of the Republic of Lithuania or branches of foreign legal
person or other organisations established in the Republic of
Lithuania.

This reservation does not apply to consultancy services related to
the transmission and distribution on a fee or contract basis of
electricity.

Phase-out: None

*

Industry Classification: ISIC rev.3.1: 0501, 0502, CPC 882, CPC 721, , CPC 74520, CPC
74540, CPC 74590, CPC 5133/5223
Market Access
Measures: The Law of the Republic of Lithuania on Merchant Shipping of 12
September 1996, No.I-1513

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4 August 2014
1406
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.
Phase_out: None
*

Sector: Transport
Sub-sector: Rail transport services
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.

The exclusive rights for the provision of transit services are
granted to railway undertakings which are owned, or whose stock
is 100% owned, by the State.

Phase out: None

***
EUAnnexI

4 August 2014
1407
Reservations Applicable in Luxembourg

Market Access
Measures: Loi du 16 dcembre 2011 modifiant la loi du 10 aot 1991 sur la
profession davocat

services in respect of Luxembourg law, including representation
before courts.

EU nationality 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-

EUAnnexI

4 August 2014
1408
Phase-out: None

*

Measures: Loi du 4 juillet 1973 concernant le rgime de la pharmacie (annex
a043),
Rglement grand-ducal du 27 mai 1997 relatif loctroi des
concessions de pharmacie (annex a041),
Rglement grand-ducal du 11 fvrier 2002 modifiant le rglement
grand-ducal du 27 mai 1997 relatif loctroi des concessions de
pharmacie (annex a017)


Phase-out: None

EUAnnexI

4 August 2014
1409

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Law 9 November 1990 (modified)

Foreign investors that are not EU nationals or not incorporated in
the EU or having their principal office in the European Union,
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 ownership requirements
and is actually making use of the ship.
Phase out: None

***

EUAnnexI

4 August 2014
1410
Reservations Applicable in Malta

Sector: All sectors
Market Access
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

Non-EU nationals may not acquire immovable property for
commercial purposes.

Companies with 25% (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.

Phase-out: None

*

EUAnnexI

4 August 2014
1411

Market Access
Measures: Code of Organisation and Civil Procedure (Cap. 12)

services in respect of Maltese domestic law, including

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.

thus entitled to provide legal services in respect of Maltese law.

Phase-out: None

*

EUAnnexI

4 August 2014
1412
Measures: Pharmacy Licence Regulations (LN279/07) issued under the
Medicines Act (Cap. 458).

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)).

Phase-out: None

*

Sub-sector: Higher education services, Adult education services
Market Access
Measures: Legal Notice 296 of 2012

EUAnnexI

4 August 2014
1413

Service providers 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.

Phase-out: None

*

Sector: Transport
Industry classification: CPC 721, CPC 745, part of CPC 742, part of CPC 749
Market Access
Measures: Gozo Passenger and Goods Service (SL499.31)
Exclusive rights are allocated through public procurement
procedures on the basis of contracts

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 Maltas 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 irkewwa and the Port of
Marsamxetto (Malta) and the Port of Marr (Gozo) for the carriage
EUAnnexI

4 August 2014
1414
of passengers, vehicles and goods. The tariffs for such services are
regulated by law through the Gozo Passenger and Goods Service
(SL499.31).
Nationality condition for supporting services.

Phase-out: None

*

Sector: Transport services
Sub-sector: Other transport services
Measures: Taxi Services Regulations (SL499.59)
Regulations on karozzini are due to be published soon

Taxis: Numerical Restrictions on the number of licences apply
Karozzini (horse drawn carriages): Numerical Restrictions on the
number of licences apply.

Phase-out: The taxi restrictions (by 2014, 250 in Malta, 50 in Gozo) will no
longer apply as from the 1 January 2015, provided that the
Transport Malta shall, by 30 June, 2014 hold consultations with
representatives of operators of taxis in order to be in a position to
analyse the impact if new taxi licenses were to be granted.

Karozzini (horse drawn carriages): The current numerical
restriction of (111 permits), will be abolished in a couple of
EUAnnexI

4 August 2014
1415
months time, when the new regulations (which are now out for
public consultation) come into force

*
Sector: Energy
Sub-sector: Electricity
Measures: Enemalta Act (Cap. 272)

EneMalta plc has a monopoly for the provision of electricity.

Phase-out: None

***
EUAnnexI

4 August 2014
1416
Reservations Applicable in the Netherlands

Sector: Supporting services for all modes of transport
Sub-sector: Customs Clearance Services
Market Access
Measures: General Customs Act (Algemene Douanewet)

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.

Phase-out: None

*

EUAnnexI

4 August 2014
1417

Market Access
Measures: Advocatenwet (Act on Advocates)



Only locally-licensed lawyers may use the name or title "Lawyer"
according to art. 2c, art. 16 b, c, d Advocatenwet (Act on
Advocates). Only lawyers registered in the Dutch registry can use
the title advocate. Instead of using the full term advocate, (non-
registered) foreign lawyers are obliged to mention their home
country professional organisation for the purposes of their activities
in the Netherlands.

Phase-out: None

*

Sub-sector: Services by patent agents
EUAnnexI

4 August 2014
1418

Market Access
Measures: Rijksoctrooiwet 1995 (Patent law 1995)

To represent applicants for patents or to pursue any other business
before the Patent Office (Bureau I.E.), a patent agent must be
resident in the Kingdom of the Netherlands and registered by the
Patent Office.

Phase-out: None

*

Sub-sector: Hallmarking services
Measures: Waarborgwet 1986

The hallmarking of precious metal articles is exclusively granted to
two Dutch public monopolies.
EUAnnexI

4 August 2014
1419

Phase-out: None

*

Measures: Wet op de uitoefening van de diergeneeskunde 1990 (WUD)


Phase-out: None

*

EUAnnexI

4 August 2014
1420
74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Article 311, paragraph 1.b of the Commercial Code (Wetboek van
Koophandel)

The ownership of a Dutch registered seagoing vessel is only
possible for:

- natural persons with an EU, EER or Swiss nationality;

- companies/legal entities under the law of a Member State of
the EU, one of the countries, islands or areas as meant in article
299 paragraph 2 5 and paragraph 6c of the EC-Treaty, or of a
state of the EER or Switzerland;

- natural persons/companies/legal entities other than above
which can claim the European right of free
establishment/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.

EUAnnexI

4 August 2014
1421
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.

Phase out: None

*

Sector: Energy
Sub-sector: Electricity Distribution, Transportation of Natural Gas
Industry classification: ISIC Rev. 3.1: 040, CPC 71310
Measures: Elektriciteitswet 1998
Gaswet

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).

Phase-out: None

EUAnnexI

4 August 2014
1422
*

Sub-sector: Extraction of crude petroleum and natural gas
Industry classification: ISIC Rev. 3.1: 10, 11, 12, 13, 14
Measures: Mijnbouwwet (Mining Act)

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.

Phase-out: None

***

EUAnnexI

4 August 2014
1423
Reservations Applicable in Poland

Sector: All sectors
Market Access
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)

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.

Phase-out: None

*

Sector: Publishing and printing
Sub-sector:
Industry classification: ISIC rev 3.1: 221, 222
EUAnnexI

4 August 2014
1424

Measures: Act of 26 January 1984 on Press law, Journal of Laws, No. 5, item
24, with subsequent amendments

Nationality condition for the editor-in-chief of newspapers and
journals.

Phase-out: None

*

Sector: All sectors
Sub-sector: Types of establishment
Market Access
Measures: Act of 2 July 2004 on freedom of economic activity, art. 13.3 and
95. 1

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
EUAnnexI

4 August 2014
1425
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).

Phase-out: None

*

Market Access
Measures: Act of 5 July 2002 on the provision by foreign lawyers of legal
assistance in the Republic of Poland, art. 19


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.

Phase-out: None
EUAnnexI

4 August 2014
1426

*

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

Audit firms may be established only in certain Polish legal forms.

Phase-out: None
*

Measures: Law of 21st December 1990 on the Profession of Veterinary
Surgeon and Chambers of Veterinary Surgeons
EUAnnexI

4 August 2014
1427

For the provision of veterinary services by a physical person
present in the territory of Poland, only EU nationals may provide
verinary services. Foreign persons may apply for permission to
practice.

Phase-out: None

*

Measures: Act of 25 November 2004 on the profession of sworn
translator/interpreter (Journal of Laws no 273 item 2702, as
amended), art. 2.1

A sworn translator may only be a natural person.

Phase-out: None

*

EUAnnexI

4 August 2014
1428

Market Access
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) Articles 16 and 31

Local incorporation (no branches) required for insurance
intermediaries.

Phase-out: None

*

Sector: Transport
Sub-sector: Supporting Services for Air Transport
Market Access
Measures: Polish Aviation Law of 3 July 2002, Articles 174.2 and 174.3 3
EUAnnexI

4 August 2014
1429

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 providers 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%.

Phase-out: None

*

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 74220, 887, 63297
Market Access
Measures: Energy Law Act of 10 April 1997, art. 32 and 33

The following activities are subject to licensing under the Energy
Law Act:-
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4 August 2014
1430
1) 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 5 MW other than renewable
energy sources; generation of heat using the sources of the total
capacity of not more than 5 MW;
2) storage of gaseous fuels in storage installations, liquefication of
natural gas and regasification of liquefied natural gas at LNG
installations, as well as the storage of liquid fuels, except for: the
local storage of liquid gas at installations of the capacity of less
than 1 MJ/s capacity and the storage of liquid fuels in retail trade;
3) 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;
4) the trade in fuels or energy, except for: the trade in solid fuels;
the trade in electricity using installations of voltage lower than 1
kV owned by the customer; the trade in gaseous fuels if their
annual turnover value does not exceed the equivalent of EUR
100,000; the trade in liquid gas, if the annual turnover value does
not exceed EUR 10,000; and the trade in gaseous fuels and
electricity performed on commodity exchanges by brokerage
houses which conduct the brokerage activity on the exchange
commodities on the basis of the Act of 26 October 2000 on
commodity exchanges, as well as the trade in heat if the capacity
ordered by the customers does not exceed 5 MW. The limits on
turnover do not apply to wholesale trade services in gaseous fuels
or liquid gas or to retail services of bottled gas.

A licence may only be granted by the Competent Authority to an
applicant that has registered their principal place of business or
residence in the territory of the EU, Swiss Confederation or the
EEA.

Phase-out: None
EUAnnexI

4 August 2014
1431

***
EUAnnexI

4 August 2014
1432
Reservations Applicable in Portugal

Market Access
Measures: Law 15/2005, article 203 and article 194 Portugese Bar Statute
(Estatuto da Ordem dos Advogados) and Decree-Law 229/2004,
article 5 and 7 to 9. Decree-law 88/2003, article 77 and 102,
Solicitadores Public Professional Association Statute (Estatuto
da Cmara dos Solicitadores), as amended by Law 49/2004,
by Law 14/2006 and by Decree-Law n. 226/2008; Law
78/2001 article 31.; articles 4. Regulation of family and labour
mediation (Ordinance 282/2010),Law 21/2007 on criminal
mediation (article 12); Law 32/2004, as modified by Decree-Law
282/2007 and Law 34/2009), on Insolvency administrator (Article
3. and 5, among others); Decree-Law 54/2004, article 1 (Regime
jurdico das sociedades de administradores de insolvncia).

services, including representation before courts. Residency
(commercial presence) is required in order to practice Portugese
domestic law. The recognition of qualifications to practice
Portugese law is subject to a condition of reciprocity.

EUAnnexI

4 August 2014
1433
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-

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 an EU nationality
condition.

Phase-out: None

*

Sub-sector: Accounting services, Auditing services
Measures: Decree-Law 452/99, amended and republished by Decree-Law
310/2009 Portuguese Public Professional Association Statute for
Accountants (Estatuto da Ordem dos Tcnicos Oficiais de Contas)
Articles 85 and 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) - Articles 95, 96 and 97.

EUAnnexI

4 August 2014
1434
Accounting services: Only locally licensed accountants can own

accountancy firms. However, accounting services may also be
provided by a legal person incorporated under the Portugese
company code without such ownership restrictions, insofar as the
actual accounting services are provided by a locally licensed
accountant

Phase-out: None

*

Sub-sector: Collection Agency services, Credit reporting services
Market Access
Measures: Law 49/2004

EU nationality is required for the provision of collection agency
services and credit reporting services.

*

Sub-sector: Industrial property agent
EUAnnexI

4 August 2014
1435

Market Access
Measures: Decree-Law 15/95, as modified by Law 17/2010, on industrial
property agents, article 2; Portaria 1200/2010, article 5.

Industrial property agents are subject to an EEA nationality
condition.

Phase-out: None

*

Market Access
Measures: Decree-Law 368/91 (Satute of the Veterinary
Professional Association)

Residency is required in order to provide veterinary services.

EUAnnexI

4 August 2014
1436
Phase-out: None

*

Market Access
Measures: Decree-Law 211/2004 (Articles 3 and 25), as amended and
republished by Decree-Law 69/2011

Residency in the EEA is required for natural persons.
Incorporation in the EEA is required for legal persons.

Phase-out: None

*

Sub-sector: Services related to agriculture
EUAnnexI

4 August 2014
1437
Measures: Decree Law 119/92, Law 47/2011, Decree Law 183/98

The professions of biologist, chemical analyst and agronomist are
reserved for natural persons.

Phase-out: None

*

Measures: Law 34/2013 and Ordinance 273/2013

The provision of security services by a foreign provider on a cross-
border basis is not allowed.

A nationality condition exists for specialised personnel.

*

EUAnnexI

4 August 2014
1438
Sub-sector: Retailing Services

Industry classification: CPC 631 and 632, except CPC 63211 and 63297
Measures: Decree-Law No. 21/2009, 19 January, Ordinances n. 417/2009
and 418/2009, 16 April

A specific authorisation scheme exists for the installation of
certain retail establishments. This relates to establishments
having a sales area exceeding 2,000 m2,
establishments belonging to a company or pertaining to a
commercial group that have an accumulated sales area equal to
or greater than 30 000 m2, or commercial outlets that have a
gross floor area greater than or equal to 8000 m2. 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;
contribution to eco-efficiency.

Phase-out: None

*

EUAnnexI

4 August 2014
1439

Measures: Decree-Law 307/2007 (Articles 9, 14, 15) Ordinance 1430/2007


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.

Phase-out: None

*

Market Access
Measures: Chapter I, Section VI of Decree-Law 94-B/98, Article 34, nr. 6,
and Article 7

In order to establish a branch in Portugal, foreign insurance
companies need to demonstrate prior operational experience of at
EUAnnexI

4 August 2014
1440
least five years. Direct branching is not permitted for insurance

intermediation, which is reserved to companies formed in
accordance with the law of an EU Member State.

Phase-out: None

*

Measures: Decree-Law 12/2006, as amended by Decree-Law 180/2007 and
Decree-Law 357-A/2007, Regulation 7/2007-R, as amended by
Regulation 2/2008-R and Regulation 19/2008-R and Regulation
8/2009.

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 EU Member States. Direct branching
from non-EU countries is not permitted.

Phase-out: None

*
EUAnnexI

4 August 2014
1441

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Decree Law 194/98, Decree Law 197/98 and Decree law 331/99

To register a vessel on the national shipping register, foreign
investors must have their principal office in Portugal.
Phase-out: None

*

Sector: Transport
Sub-sector: Road Transport
Industry classification: CPC 71222 (Rental services of passenger cars with operator
Limousine Services)
EUAnnexI

4 August 2014
1442
Measures: Decree-Law 41/80, August 21

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

Phase-out: None

***
EUAnnexI

4 August 2014
1443
Reservations Applicable in Romania

Sector: All sectors
Market Access
Most Favoured National Treatment
Measures: Law 312/2005, regarding acquisition of property over land by
foreign citizens and stateless persons, as well as foreign legal
persons

(1) Foreign nationals, stateless persons and juridcal persons (other
than EU, EEA) may acquire property rights over lands, under the
conditions regulated by international treaties, based on reciprocity.

(2) Foreign nationals, stateless persons and juridical persons may
not acquire the property right over lands under more favorable
conditions than those applicable to the national of a Member State
and to juridical persons established according to the legislation of a
Member State.

Phase-out: None

*

EUAnnexI

4 August 2014
1444

Market ccess
Measures: Attorney Law; Law for Mediation; Law for the Notaries and the
Notarial Activity


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.

Phase-out: None

*

EUAnnexI

4 August 2014
1445

Measures: Emergency Governmental Ordinance no. 90/2008, with subsequent
amendments, which transposed the provisions of the Directive
2006/43/EEC on statutory audits of annual accounts and
consolidated.

Description Cross-Border Services and Investment
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.

Phase-out: None

*

Sub-sector: Building-cleaning services

Description: Cross-border Services
EUAnnexI

4 August 2014
1446
Nationality condition for specialists.

Phase-out: None

*

Industry classification: Market access
Measures: Law no. 297/2004 on capital markets
CNVM Regulation no. 2/2006 on regulated markets and alternative
trading systems

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.

Phase-out: None

*

EUAnnexI

4 August 2014
1447

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: GOVERNMENT ORDINANCE No. 42 of 28 August 1997;
MINISTERIAL ORDER NO. 1627/2006

(2) 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
citizenship of an European Union Member State or of a state
part of the European Economic Area or by legal persons
established (having their headquarters) in an European Union
Member State or a state part of the European Economic Area;
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 at
letter b);
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.
EUAnnexI

4 August 2014
1448

Granting the right to fly the Romanian flag is forbidden for ships
of 20 years or over.

Phase out: None

*

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
Measures: Romanian law on road transportation (Government Ordinance no
27/2011)

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.

Phase-out: None

***
EUAnnexI

4 August 2014
1449
Reservations Applicable in the Slovak Republic

Market Access
Measures: Act 586/2003 on Advocacy, art. 2 and 12

services in respect of Slovakian domestic law, including

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.

thus entitled to provide legal services in respect of Slovakian law.

Phase-out: None

EUAnnexI

4 August 2014
1450
*

Sub-sector:
Industry classification: ISIC 3.1: 10, 110, 12, 13, 14, CPC 7131
Measures: Act 51/1988 on Mining, art. 4a
Act 313/1999 on Geological Activity, art. 5

For mining, activities related to mining and geological activity,
EU/EEA incorporation is required (no branching).

Phase-Out: None

*

National Treatment
Measures: Act No 540/2007 on Auditors, art. 3, 4, 5

EUAnnexI

4 August 2014
1451
Only an enterprise in which at least 60 per cent of capital interests
or voting rights are reserved to Slovak/EU nationals may be
authorised to carry out audits in the Slovak Republic.

Phase-Out: None

*

Sub-sector: Architectural services , Urban planning and landscape architectural
services, Engineering services, Integrated engineering services
Market Access
Measures: Act 138/1992 on Architects and Engineers, art. 3, 15, 15a, 17a, 18a

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.

Phase-out: None

*

EUAnnexI

4 August 2014
1452

Market Access
Measures: Act 442/2004 on Private Veterinary Doctors, art. 2

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.

Phase-out: None

*

Measures: Act 140/1998 on drugs and medical devices, art. 35a
EUAnnexI

4 August 2014
1453
Act 578/2004 on healthcare providers, medical employees,

professional organisation

Residency is required in order to obtain a licence as a pharmacist
and/or to open a pharmacy for the retail of pharmaceuticals and
certain medical goods to the public.

Phase-out: None

*

Sector: Environmental Services
Sub-sector: Processing and recycling of used batteries and accumulators, waste
oils, old cars and waste from electrical and electronic equipment
Measures: Act 223/2001 on Waste

For processing and recycling of used batteries and accumulators,
waste oils, old cars and waste from electrical and electronic
equipment, incorporation in EU/EEA is required (residency
requirement).

Phase-out: None
EUAnnexI

4 August 2014
1454
*

Sub-sector: Medical and Dental Services, Midwives services, Nursing,
Physiotherapeutic and Para-medical Services
Measures: Act 576/2004 on Health Treatment and Act 578/2004 on health
care providers, medical employees, professional organisation

Services may only be provided by natural persons.

Phase-out: None

*

74540, CPC 74590, CPC 5133/5223
EUAnnexI

4 August 2014
1455
Market Access
Measures: Act 435/2000 on Maritime Navigation, art. 10

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.

Phase-Out: None

***
EUAnnexI

4 August 2014
1456
Reservations Applicable in Slovenia

Measures: Zakon o odvetnitvu (Neuradno preieno besedilo-ZOdv-NPB2
Dravnega Zbora RS z dne 21.5.2009 (Attorneys Act) unofficial
consolidated text prepared by the Slovenian parliament from 21
5.2010)

Commercial presence for appointed attorneys by the 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.

Phase-out: None

*

Sub-sector: Accounting and bookkeeping services, Auditing services
EUAnnexI

4 August 2014
1457

Market Access
Measures: Zakon o revidiranju (Zrev-2 Uradni list RS,t.65/2008), (Auditing
Act -Official Gazetee RS No 65/2008):

Commercial presence is required.

Phase-out: None

*

Market Access
Most-Favoured-Nationa Treatment
Measures: Real Estate Agencies Act

EUAnnexI

4 August 2014
1458
In so far as Canada and its provinces and territories allow

Slovenian nationals and enterprises to supply real estate agent
services, Slovenia will allow Canadian nationals 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.

Phase-out: None

*

Measures: Law on Pharmacy Activites (Official Gazette No. 36/2004), art. 2,
6-8, 13-14
Medicinal Products Act (Official Gazette of the RS, no. 31/06,
45/08), art. 17, 21, 74, 79, 81

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.

EUAnnexI

4 August 2014
1459
Phase-out: None

*

Sub-sector: Primary education services
Market Access
Measures: Organisation and Financing of Education Act (Official Gazette of
Republic of Slovenia, no. 12/1996) and its revisions, art. 40

Privately funded elementary schools may be founded by Slovenian
natural or legal persons only.

The service provider must establish a registered office or branch
office.

Phase-out: None

*

Sub-sector: Human Health Services
EUAnnexI

4 August 2014
1460

Measures: Law of Health Services, Official Gazette of the RS, No. 23/2005,
art. 1 and 3, art. 62-64
Infertility Treatment and Procedures of the Biomedically-Assisted
Procreation Act, Official Gazette of the RS, No.: 70/00, art. 15 and
16

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.

Phase-out: None

*

Measures: Pension and Disability Insurance Act (Official Gazette no.
109/2006), art. 306
EUAnnexI

4 August 2014
1461

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 an EU Member State.

Phase-out: None

*

Sector: Energy services
Sub-sector: Pipeline transportation of fuels, Storage and warehouse of fuels
transported through pipelines
Measures: Energetski zakon (Energetic Act), Official Gazette RS,. No 27/07-
consolidated text, 70/80, 22/2010

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 and/or natural gas
market, and representation and intermediation in electricity and
natural gas markets.
EUAnnexI

4 August 2014
1462

These activities are subject to registration, which is conditioned on
establishment in Slovenia.

Phase-out: None

*

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Article 210 of the Maritime Code


Seagoing non-merchant ships may be registered to fly the
Slovenian flag if:

1. more than half of the ship is owned by citizens of the
EUAnnexI

4 August 2014
1463
Republic of Slovenia, EU citizens or by juridical persons having

their headquarters in the Republic of Slovenia or an EC Member
State; or

2. more than half of the ship is owned by a non-EU citizen and
the ship operator qualifies as one of the persons describeed in the
previous paragraph, with the consent of the owner of the ship.

If the owner or co-owner is not a citizen of the Republic of
Slovenia or a juridical person having their headquarters in the
Republic of 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

Phase-out: None

***

EUAnnexI

4 August 2014
1464
Reservations Applicable in Spain

Sector: All sectors
Sub-sector:
Market Access
Measures: Royal Decree 664/1999 of 23 April 1999 relating to foreign
investments

Foreign investment in activities directly relating to real estate
investments for diplomatic missions by States that are not
members of the European Union require an administrative
authorisation from the Spanish Council of Ministers, unless there is
a reciprocal liberalisation agreement in place.

Phase-out: None

*

EUAnnexI

4 August 2014
1465

Market Access
Measures: Estatuto General de la Abogaca Espaola, aprobado por Real
Decreto 658/2001, art. 13.1


thus entitled to provide legal services in respect of domestic law.


Phase-out: None

*

EUAnnexI

4 August 2014
1466
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 y 9.3 y art.10.1

Statutory auditors are subject to an EU nationality condition. This
reservation does not apply to the auditing of non-EU companies
listed in a Spanish regulated market.

Phase-out: None

*

Sub-sector: Intellectual property attorney
Market Access
Measures: Ley 11/1986, de 20 de marzo, de Patentes de Invencin y Modelos
de utilidad, art. 155-157.

EUAnnexI

4 August 2014
1467
Industrial property attorneys are subject to an EU nationality

condition.

Phase-out: None

*
Market Access
Measures: Real Decreto 1840/2000. Estatutos Generales de la Organizacin
Colegial Veterinaria Espaola (Statute of Veterinary Association
of Spain). Art. 62 y 64.

Membership in professional association is obligatory and subject to
an EU nationality condition, which may be waived through a
bilateral professional agreement.

Phase-out: None

*

EUAnnexI

4 August 2014
1468
Sub-sector: Retail sales of tobacco

Market Access
Measures: Ley 13/1998 de 4 de Mayo de Ordenacin del Mercado de Tabacos
y Normativa Tributaria, art. 4

State monopoly on retail sales of tobacco. Establishment is subject
to an EU nationality condition.

Phase-out: None

*

Measures: Ley 16/1997, de 25 de abril, de regulacin de servicios de las
oficinas de farmacia (Law 16/1997, of 25 April, regulating services
in pharmacies), art. 2 and 3.1

EUAnnexI

4 August 2014
1469



Phase-out: None

*

Measures: Ley Orgnica 6/2001, de 21 de Diciembre, de Universidades. (Law
6 / 2001 of 21 December, on Universities), art. 4

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.

Phase-out: None

EUAnnexI

4 August 2014
1470
*

Market Access
Measures: Real Decreto Legislativo 6/2004, de 29 de octubre, por el que se
aprueba el texto refundido de la Ley de ordenacin y supervisin
de los seguros privados (Law on regulation and supervision of
private insurance)

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.

Phase-out: None

*

EUAnnexI

4 August 2014
1471
Market Access
Level of Government: Subfederal
Measures: Andaluca
Decreto 80/2010, de 30 de marzo, de simplificacin de trmites
administrativos y de modificacin de diversos Decretos para su
adaptacin al Decreto-ley 3/2009, de 22 de diciembre, por el que se
modifican diversas Leyes para la transposicin en Andaluca de la
Directiva relativa a los Servicios en el Mercado Interior, art 3.5
Aragn
Decreto 264/2007, de 23 de octubre, del Gobierno de Aragn, por
el que se aprueba el Reglamento de Guas 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 turstico-informativas
privadas
Castilla y Len
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 profesin
de gua de turismo de la Comunidad Autnoma de Castilla y Len.
Castilla la Mancha
Decreto 96/2006 , de 17 de julio, de Ordenacin de las Profesiones
Tursticas.
Catalua
Decreto Legislativo 3/2010, de 5 de octubre, para la adecuacin 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.
EUAnnexI

4 August 2014
1472
Comunidad Valenciana
- Decreto 90/2010, de 21 de mayo, del Consell, por el que se
modifica el reglamento regulador de la profesin de gua de
turismo en el mbito 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 Gua Turstico
Galicia
- Decreto 42/2001, de 1 de febrero, de Refundicin 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
habilitacin de gua turstico en las Islas Baleares.
Islas Canarias
Decreto 13/2010, de 11 de febrero, por el que se regula el acceso y
ejercicio de la profesin de gua de turismo en la Comunidad
Autnoma de Canarias, art 5
La Rioja
Decreto 20/2000, de 28 de abril, de modificacin del Decreto
27/1997, de 30 de abril, por el que se aprueba el Reglamento
regulador de la profesin de Guas de Turismo.
Navarra
Decreto 125/95, de 20 de mayo, por el que se regula la profesin 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 profesin de Gua de Turismo en el
Principado de Asturias.
EUAnnexI

4 August 2014
1473
Regin de Murcia
Decreto n. 37/2011, de 8 de abril, por el que se modifican diversos
decretos en materia de turismo para su adaptacin a la ley 11/1997,
de 12 de diciembre, de turismo de la Regin de Murcia tras su
modificacin por la ley 12/2009, de 11 de diciembre, por la que se
modifican diversas leyes para su adaptacin 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 guas podran ser extranjeros si tienen homologacin de las
titulaciones requeridas)

EU nationality condition for the provision of tourist guide services.

Phase-out: None

*

74540, CPC 74590, CPC 5133/5223
Market Access
EUAnnexI

4 August 2014
1474
Measures: Law of Ports and Maritime Shipping (Royal Legislative Decree

2/2011) Articles 251, 252, 253, and Additional Disposition 16

th
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

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 Especial Register Islands, the owner
company must be established in the Canary Islands.

Phase-out: None

***
EUAnnexI

4 August 2014
1475
Reservations Applicable in Sweden

Sector: All sectors
Market Access
Measures: Lag om utlndska 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)

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.

EUAnnexI

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1476
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, head quarters or principal place of business within the EEA.
A partnership may be a founder, only if all owners with unlimited
personal liability are resident within the EEA. Founders outside the
EEA may apply for permission from the competent authority.

For limited liability companies and co-operative economic
associations, at least 50 % of the members of the board of
directors, at least 50% of the deputy board members, the managing
director, the vice-managing director, and at least one of the persons
authorised to sign for the company, if any, must reside within the
EEA. The competent authority may grant exemptions from this
requirement. If none of the companys/societys 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/society.

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

Phase-out: None

*

Sector: Animal husbandry
Sub-sector: Reindeer husbandry
Industry classification: ISIC Rev. 3.1 014
EUAnnexI

4 August 2014
1477
Market Access
Level of government: National
Measure: Reindeer Husbandry Act (1971:437) para. 1

Only Sami people may own and exercise reindeer husbandry.

Phase-out: None

*

Sector: Fishing and Aquaculture
Sub-sector:
Industry classification: ISIC rev 3.1: 0501, 0502, CPC 882
Market Access
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)

EUAnnexI

4 August 2014
1478

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 citizen of an EEA member state. 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% owned by EEA nationals or companies
having their registered office, central administration or principal
EUAnnexI

4 August 2014
1479
place of business in the EEA and whose operation is controlled

from Sweden, may also be registered in the Swedish register.

Phase-out: None

*

Market access
Measures: Rttegngsbalken (The Swedish Code of Judicial Procedure)
(1942:740)
The Swedish Bar Association Code of Conduct adopted 29 August
2008

For admission to the Bar, which is required only for the use of the
Swedish title advokat, residency within the EU, EEA or
Switzerland 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
EUAnnexI

4 August 2014
1480
advocate, provided that the company in question is domiciled in a

country within the EU, the EEA or Switzerland.

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.

Phase-out: None

*

Market Access
Measures: Revisorslagen (Auditors Act) (2001:883)
Revisionslag (Auditing Act) (1999:1079)
Aktiebolagslagen (Companies Act) (2005:551)
EUAnnexI

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1481
Lag om ekonomiska freningar (The Co-operative Economic

Associations Act) (1987:667)
and others, regulating the requirements to make use of approved
auditors

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 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 Switzerland 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.

Phase-out: None

*
EUAnnexI

4 August 2014
1482

Sub-sector: Rental/Leasing of vehicles without Operators
Measures: Lag (1998:424) om biluthyrning (Act on renting and leasing cars)

Suppliers of rental or leasing services of cars and certain off-road
vehicles (terrngmotorfordon) without a driver, rented or leased for
a period of less than one year, are obliged to appoint someone to be
responsible for ensuring, inter alia, 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.

Phase-out: None

*

Sub-sector: Rental/Leasing services without operators, Rental/Leasing of ships
Market Access
EUAnnexI

4 August 2014
1483
Measures: Sjlagen (Maritime Law) (1994:1009), chapter 1, 1

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/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/rented ship. The duration of the
contract should be at least 1-2 years.

Phase-out: None

*

Sub-sector: Other business services
Measures: Cooperative building societies law (1991:614)

EUAnnexI

4 August 2014
1484
The economic plan for a building society must be certified by two

persons. These persons must be publicly approved by authorities in
the EEA.

Phase-out: None

*

Sector: Other business services n.e.c.
Sub-sector: Pawn-shops
MEASURES: PAWN SHOP ACT (1995:1000)

Pawn-shops must be established as a limited liability company or
as a branch.

Phase-out: None

*

Sub-sector: Retailing services
EUAnnexI

4 August 2014
1485

Measures: The Alcohol Act (2010:1622)

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.

Phase-out: None

*

Sector: Printing and Publishing
Sub-sector:
Industry classification: CPC 88442, ISIC rev. 3.1:22
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)

EUAnnexI

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1486
Natural persons who are owners of periodicals that are printed and
published in Sweden must reside in Sweden or be citizens 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.

Phase-out: None

*

Sector: Environmental services
Sub sector: Protection of ambient air and climate
Measures: The Vehicles Act (2002:574)

Only entities established in Sweden and/or having their principal
seat in Sweden are eligible for accreditation to perform control
services of exhaust gas.

Phase-out: None

*
EUAnnexI

4 August 2014
1487

Measures: Lag om frskringsfrmedling (Insurance Mediation Act)
(2005:405), Chapter 3, 2

Insurance mediation undertakings not incorporated in Sweden may
establish only through a branch.

Phase-out: None

*

Measures: Foreign Insurers Business in Sweden Act (1998:293)

The supply of direct insurance is allowed only through an
insurance service supplier authorised in Sweden, provided that the
EUAnnexI

4 August 2014
1488
foreign service supplier and the Swedish insurance company

belong to the same group of companies or have an agreement of
cooperation between them.

Phase-out: None

*

Measures: Sparbankslagen (Savings Bank Act) (1987:619), chapter 2, 1,
part 2

A founder of a savings bank shall be a natural person resident in
the EEA.

Phase-out: None

*

Sector: Transport
Sub-Sector: All commercial marine activity undertaken from a seagoing ship
excluding fishing and aquaculture, but including transport services
EUAnnexI

4 August 2014
1489
(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 721, CPC 74520, CPC 74540, CPC 74590, CPC 5133/5223
Market Access
Measures: Maritime Act (1994:1009), Ship safety Ordinance (1994:1009)
The Ship Security Regulation (2003:438)

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% or more owned by EEA nationals 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
citizen of an EEA member state. Exemptions may be granted by
the Swedish Transport Agency.

A separate Swedish reservation applies to vessels used for fishing
and aquaculture.
Phase-out: None
*
EUAnnexI

4 August 2014
1490

Sector: Transport
Sub-sector: Rail Transport services
Measures: Jrnvgslagen (Rail road Act) (2004:519), Chapter 5, Section 2c

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.

Phase-out: None

*

Sector: Transport
Sub-sector: Operators of road haulage and road passenger transport services
Market Access
EUAnnexI

4 August 2014
1491

Measures: Yrkestrafiklag (2012:210) (Act on professional traffic)
Lag om vgtrafikregister (2001:558) (Act on road traffic registry)
Yrkestrafikfrordning (2012:237) (Government regulation on
professional traffic)
Taxitrafiklag (2012:211) (Act on Taxis)
Taxitrafikfrordning (2012:238) (Government regulation on taxis)

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
EUAnnexI

4 August 2014
1492
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.

Phase-out: None
***

EUAnnexI

4 August 2014
1493

Reservations Applicable in United Kingdom

Market Access
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.

Residency (commercial presence) may be required for the
provision of some UK domestic legal services by the relevant
professional or regulatory body.

discriminatory basis. In addition, national law may include non-
EUAnnexI

4 August 2014
1494
discriminatory requirements as to the organisation of the permitted

legal forms.

Phase-out: None

*

Measures: Veterinary Surgeons Act (1966)

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 1966 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.

Phase-out: None

*
EUAnnexI

4 August 2014
1495

Sector: Energy
Sub-sector: Extraction of crude petroleum and natural gas, Services incidental
to mining, Related scientific and technical consulting services
Industry classification: ISIC 11, CPC 883, CPC 8675
Measures: Petroleum Act 1988

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
Enterprises House, or (c) registration of a UK branch of a foreign
company at Enterprises House. This requirement exists both 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 either (a) be registered at Enterprises 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 Finance Act 2003
(which normally requires a staffed presence).

Phase-out: None

EUAnnexI

4 August 2014
1496
*

74540, CPC 74590, CPC 5133/5223
Market Access
Measures: The Merchant Shipping (Registration of Ships) Regulations 1993
and the Merchant Shipping Act 1995

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, but are not limited to: 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.

***

EU Annex II

4 August 2014
1497
Annex II

Reservations for Future Measures

1. The Schedule of a Party sets out, under Articles XX (Investment - Reservations and
Exceptions), X-06 (Cross-Border Trade in Services - Reservations), X-03 (International
Maritime Transport Services Non-Conforming Measures), and, for the EU, X.9 (Financial
Services Non-Conforming Measures), 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) Article X.6 (Investment - National Treatment) X-02 (Cross-Border Trade in Services -
National Treatment) or, for the EU, X.03 (Financial Services National Treatment);

(b) Article X.7 (Investment - Most-Favoured-Nation Treatment) X-04 (Cross-Border
Trade in Services - Most-Favoured-Nation Treatment) or, for the EU, X.04 (Financial
Services Most-Favoured-Nation Treatment);

(c) Article X.4 (Investment -Market Access) X-05 (Cross-Border Trade in Services -
Market Access) or, for the EU, X.06 (Financial Services Market Access);

(d) Article X.5 (Investment - Performance Requirements);

(e) Article X.8 (Investment - Senior Management and Boards of Directors) or, for the
EU, X.08 (Financial Services Senior Management and Board of Directors);

(f) For the EU, Article X.07 (Financial Services Cross-Border Supply of Financial
Services); or

(g) Article X.02 (International Maritime Transport Services Obligations)

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




reservation according to CPC codes, ISIC codes, SIC codes, or as expressly otherwise
described in a Partys reservation;

EU Annex II

4 August 2014
1498
(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.

3. In interpreting a reservation, all elements of the reservation [are] [shall be] considered. The
Description element [prevails] [shall prevail] over all other elements.

4. A reservation taken at the level of the European Union applies to a measure of any EU
Member State at the national level as well as a measure of a government within a EU Member
State, unless the reservation excludes a EU Member State. A reservation taken at the national
level by Canada or by an EU Member State applies to a measure of a government at regional,
provincial, territorial or local level within that country.

5. Where a Party maintains a measure that requires that a service provider be a natural person,
citizen, permanent resident or resident of its territory, as a condition to the provision of a service
in its territory, a reservation for that measure taken with respect to cross-border services shall be
applied as a reservation with respect to investment, to the extent of that measure.

CPC means Central Product Classification (CPC) numbers as set out in Statistical Office of the
United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification,
1991;

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 4, ISIC
REV 3.1, 2002;

SIC means Standard Industrial Classification (SIC) numbers as set out in Statistics Canada,
Standard Industrial Classification, fourth edition, 1980.


AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czech Republic
DE Germany
DK Denmark
EU Annex II

4 August 2014
1499
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
EU Annex II

4 August 2014
1500
Reservations Applicable throughout the European Union (EU)

(applicable to all EU Member States unless otherwise indicated)

Sector: All sectors
Sub-sector:

In all EU Member States, 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, 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:
Type of Reservation: Most-Favoured-Nation Treatment

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:-
(i) creates an internal market in services and investment, or
(ii) grants the right of establishment, or
(iii) requires the approximation of legislation in one or more
economic sectors.
EU Annex II

4 August 2014
1501
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 domestic law of the
country where such establishment takes place.
The approximation of legislation means:
(i) the alignment of the legislation of one or more of the parties to
the regional economic integration agreement with the legislation of
the other party or parties to that agreement; or
(ii) the incorporation of common legislation into the domestic 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 domestic law of the party or parties to the regional
economic integration agreement.
Existing Measures: EEA
Stabilisation Agreements
EU-Switzerland

*

Sector: All Sectors
Sub-sector:

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 European
Union: Belgium, Denmark, France, Germany, Greece, Ireland,
Italy, Luxembourg, Netherlands, Portugal, Spain and the United
Kingdom, and any of the following countries or principalities: San
Marino, Monaco, Andorra, and the Vatican City State.

Existing Measures:

*

EU Annex II

4 August 2014
1502
Sector: Fishing and Aquaculture, Services incidental to fishing

Sub-sector:
Industry classification: ISIC rev.3.1: 0501, 0502, CPC 882
National Treatment

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 third countries, 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:

- regulating the landing of catches performed in the sub-quotas
allocated to third country vessels in EU ports;

- determining a minimum size for a company in order to preserve
both artisanal and coastal fishing vessels;

- according differential treatment to 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 an EU Member State may only be granted to
vessels flying the flag of an EU Member State.

The EU reserves the right to adopt and maintain any measure with
regard to the nationality of the crew of a fishing vessel flying the
flag of an EU Member State.

National complementary reservations may be found in the
schedules of BE, BG, DE, DK, FI, FR, IT, LT, MT, SE and UK.

Existing Measures:

*

Sector: Collection, purification and distribution of water
Sub-sector:
Industry classification: ISIC rev. 3.1: 41
EU Annex II

4 August 2014
1503

National Treatment

The EU reserves the right to adopt or maintain any measure with
respect to the provision of services relating to the collection,
purification and distribution of water to household, industrial,
commercial or other users, including the provision of drinking
water, and water management.

Existing Measures:

*

Sub-sector: Legal services, Services of notaries, Services by bailiffs
National Treatment

The EU, with the exception of SE, reserves the right to adopt or
maintain any measure with respect to the provision of legal
advisory and legal documentation and certification services
provided by legal professionals entrusted with public functions,
such as notaries, huissiers de justice or other officiers publics
et ministriels, and with respect to services provided by bailiffs
who are appointed by an official act of government.

Existing Measures:

*


For all EU countries with the exception of BE, BG, EE, and IE:
mail order is only possible from EEA countries, 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.

EU Annex II

4 August 2014
1504
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 BE, FI, SE and UK.

*


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 and/or geographic spread.

schedules of DE, FI, IT and SE.

Existing Measures:

*

Sub-sector: Other business services (Collection Agency services, Credit
reporting services)
National treatment

The EU, with the exception of SE and ES, reserves the right to
adopt or maintain any measure with regard to the provision of
collection agency services and credit reporting services.

Existing Measures:

EU Annex II

4 August 2014
1505
*

Sub-sector: Placement services of office support personnel and other workers,
and supply services of domestic help personnel, other commercial
or industrial workers, nursing, and other personnel
National Treatment

Description: Cross Border Services and Investment
The EU, with the exception of BE, HU and SE, reserves the right to
require establishment and to prohibit the provision of cross-border
services for the supply of placement services of office support
personnel and other workers (CPC 87202).

The EU, with the exception of HU and SE, reserves the right to
supply services of domestic help personnel, other commercial or
industrial workers, nursing, and other personnel (CPCs 87204,
87205, 87206, 87209).

schedules of AT, BE, BG, CY, CZ, DE, ES, IE, EE, FI, FR, IT,
NL, LT, LV, MT, PT, PL, RO, SI, and SK.
Measures:

*

Sub-sector: Investigation services
National Treatment

The EU, with the exception of AT and SE, reserves the right to
investigation services. Residency or commercial presence is
required and nationality requirements may exist.

schedules of PT and LT.

EU Annex II

4 August 2014
1506
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 8868, CPC 86764 and CPC 86769
National Treatment

The EU, with the exception of HU, DE and EE, 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 provision of maintenance and repair services of
rail transport equipment from outside its territory.

The EU, with the exception of HU, EE, CZ, 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 provision of maintenance and repair
services of internal waterways transport vessels from outside its
territory.

The EU, with the exception of HU, EE, 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 provision 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 EU
Member States. Establishment may be required.

The EU, with the exception of HU, EE, AT, 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 provision of maintenance (including
line maintenance) and repair services of aircraft and parts thereof
from outside its territory.

Existing Measures:

*
EU Annex II

4 August 2014
1507

Sub-sector:
Industry classification: CPC 9619, CPC 963 Library, archive, museum and other cultural
services and CPC 964 Sporting and other recreational services
other than CPC 96492
National Treatment

The EU except AT reserves the right to adopt or maintain any
measure with respect to the provision of library, archive, museum,
and other cultural services (CPC 963). LT reserves the right to
adopt or maintain any measure requiring the establishment of
suppliers and restricting the cross-border provision 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 provision of
entertainment services, including theatre, live bands, circus and
discotheque services.

In addition, the EU, except AT and SE, reserves the right to adopt
or maintain any measure requiring establishment and restricting the
cross-border provision 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 provision of the following entertainment services:-
circus, amusement park and similar attraction services (CPC
96194), ballroom, discotheque and dance instructor services (CPC
96195), and other entertainment services (CPC 96199).

EE reserves the right to adopt or maintain any measure with respect
to the provision of other entertainment services (CPC 96199)
except for cinema theatre services.

LV and LT reserves the right to adopt or maintain any measure
with respect to the provision of all entertainment services (CPC
9619) except for cinema theatre operation services (part of CPC
91699).

EU Annex II

4 August 2014
1508
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
provision of sporting and other recreational services.

AT reserves the right to adopt or maintain any measure with
respect to the provision of mountain guide or ski school services.

*

Sub-sector: Gambling and betting services
National Treatment

The EU except MT reserves the right to adopt or maintain any
measure with respect to the provision 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:

*

Sub-sector:
National Treatment

EU Annex II

4 August 2014
1509

regard to the provision 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, except for CZ, NL, SE and SK, reserves the right to
adopt and maintain any measure with respect to the provision of
privately funded other education services (CPC 929), which means
other than those classified as being primary, secondary, higher and
adult education services.

Where the provision 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.

schedules of AT, BG, CY, CZ, FI, FR, IT, MT, RO, SI, SE, and
SK.

Existing Measures:

*

Sector: Health and social services
Sub-sector: Human Health services and Social Services
Industry classification: CPC 931 Human Health Services and 933 Social Services, except
for 9312 Medical and Dental Services, and part of 93191 relating
to Midwife Services and Services provided by Nurses,
Physiotherapeutic and Para-medical Services, Psychologist
Services
National Treatment

The EU, with the exception of HU, 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 provision of health services from outside their territory.
The EU, with the exception of LT, LV and the NL, 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 provision of social services from outside their
territory.
National complementary reservations may be found in the schedule
of LT.
EU Annex II

4 August 2014
1510
This reservation does not relate to the provision 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.

*

Sub-sector:
Industry classification: CPC 931, except for 9312 Medical and Dental Services and part of
93191 relating to Midwife Services and Services provided by
Nurses, Physiotherapeutic and Para-medical services, Psychologist
Services
National Treatment

regard to the provision of all health services which receive public
funding or State support in any form, and are therefore not

regard to all privately funded health services, other than privately
funded hospital, ambulance, and residential health facilities
services other than hospital services (CPC 9311, 93192, 93193).

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 provision of all health-related
professional services, including the services provided by
physiotherapists, paramedics, and psychologists, , which are
covered by other reservations.

schedules of AT, BE, BG, CY, CZ, FI, FR, LT, MT, PL, SI, SK
and UK.
EU Annex II

4 August 2014
1511

Existing Measures:

*

Sub-sector: Health-related Professional Services: Medical and Dental Services,
Midwife Services, Nursing Services, Physiotherapeutic and Para-
medical services, Psychologist Services

In the EU, with the exception of BE, FI, NL and SE, the provision
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.

schedules of AT, BE, BG, FI, FR, MT and UK.

Existing Measures: None

*

Sub-sector:
National Treatment

regard to the provision of all social services which receive public
funding or State support in any form, and are therefore not

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
EU Annex II

4 August 2014
1512
and impact on existing establishments, transport infrastructure,

population density, geographic spread, and creation of new
employment.

schedules of BE, CY, CZ, DE, DK, EL, ES, FI, FR, HU, IE, IT,
LT, MT, PL, PT, RO, SK, SL, and UK.
*

Sub-sector:

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:

*

National Treatment

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, is required to perform
the activities of management of common funds, including unit
trusts, and where allowed under national law, investment
companies.

Existing Measures: 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), as amended by:- 2001/107/EC and 2001/108/EC

*
EU Annex II

4 August 2014
1513
Sector: Air Transport

Sub-sector: Services Auxiliary to Air Transport

accords differential treatment to a 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 country pursuant to existing or future
Article V trade agreements.

Existing Measures:

*

Sub-Sector: Water Transportation
Industry Classification: CPC 722 Transport services
(passengers and freight) by non-seagoing vessels ISIC rev.3.1:
0501, 0502, CPC 882 CPC 722, 74520, 74540, 74590, 5133/5223,
Any other commercial activity undertaken from a non-sea going
vessel
Market Access

regard to the registration of a non-seagoing vessel in order to fly
the national flag of an EU Member State, 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
concerned, as well as requirements relating to ownership of capital
and control.
EU Annex II

4 August 2014
1514

Existing Measures:

*

Sub-Sector: Water Transportation
Industry Classification: CPC 721,722,74520,74540,74590,5133/5223
Any other commercial activity undertaken from a ship
Market Access

The EU reserves the right to adopt and maintain any measure with
regard to the nationality of crew on a seagoing or non-seagoing
vessel.

*

Sector: Transport
Sub-sector: Water transport, Supporting services for water transport
National Treatment

respect to the provision 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 European Union and another port or point located in
the same Member State, including on its continental shelf as
provided in the UN Convention on the Law of the Sea, and traffic
originating and terminating in the same port or point located in a
Member State of the European Union.

For greater certainty, this reservation applies inter alia to feeder
services. This reservation does not apply to Canadian shipping
companies repositioning owned/leased containers on a non-
revenue basis.
EU Annex II

4 August 2014
1515

Existing Measures:

*

Sector: Transport
Sub-sector: Water transport: Pilotage and berthing services, pushing and
towing
Industry classification: CPC 7452, 7214, 7224
National Treatment

respect to the provision of pilotage and berthing services. For
greater clarity, regardless of the criteria which may apply to the
registration of ships in an EU Member State, the EU reserves the
right to require that only ships registered on the national registers
of EU Member States may provide pilotage and berthing services.

For the EU, with the exception of LT and LV, only vessels
carrying the flag of an EU Member State may provide pushing and
towing services.

For LT, only Lithuanian juridical persons or EU juridical persons
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: Internal Waterways Transport
Sub-sector:

accords differential treatment to a country pursuant for 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.
EU Annex II

4 August 2014
1516

Subject to regulations implementing the Mannheim Convention on
Rhine Shipping. This part of the reservation only applies to the
following Member States: Belgium, France, Germany, and the
Netherlands.

Existing Measures:
*

Sector: Transport
Sub-sector: Road Transport: Passenger Transportation, Freight
Transportation, International Truck transport services
National Treatment

The EU reserves the right to require establishment and to limit the
provision of cross-border services for the supply of road transport
services.

The EU reserves the right to adopt or maintain measures limiting
the provision of cabotage within an EU Member State by foreign
investors established in another EU Member State.

An economic needs test may apply to taxi services in the EU
except for 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 AT,
BE, BG, ES, FI, FR, IE, IT, 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

EU Annex II

4 August 2014
1517
Regulation (EC) No 1073/2009 of the European Parliament and of

the Council of 21 October 2009
on common rules for access to the international market for coach
and bus services, and amending Regulation (EC) No 561/2006

*
Sector: Road and Rail Transport
Sub-sector:

future bilateral agreements relating to international road haulage
(including combined transport - road/rail) and passenger transport,
concluded between the Community/European Union or the
Member States and third countries.

Such treatment may:

(a) reserve or limit the provision of the relevant transport services
between the contracting parties or across the territory of the
contracting parties to vehicles registered in each contracting
party
88
; and/or

(b) provide for tax exemptions for such vehicles.

Existing Measures:
*

Sector: Transport
Sub-sector: Space transport, rental of space craft
National Treatment
88
WithregardtoAustriathepartoftheMFNexemptionregardingtrafficrightscoversallcountrieswithwhom
bilateralagreementsonroadtransportorotherarrangementsrelatingtoroadtransportexistormaybe
consideredinfuture.
EU Annex II

4 August 2014
1518

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 (except advisory and
consultancy services)
Market Access

Where an EU Member State 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 Canadian enterprises controlled by natural persons
or enterprises of a third country which accounts for more than 5%
of the EU's oil or natural gas or electricity imports, in order to
guarantee the security of the energy supply of the EU as a whole,
or of an individual EU Member State.

This reservation does not apply to advisory and consultancy
services provided as services incidental to energy distribution.

This reservation does not apply to 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.

schedules of BE, BG, CY, FI, FR, HU, LT, PT, 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

EU Annex II

4 August 2014
1519
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

***
EU Annex II

4 August 2014
1520
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, 40
National Treatment

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 fr ein atomfreies st errei ch
(Constitut ional Law on a Nucl ear Free Austri a), BGBl .
I Nr. 149/1999

*

Sub-sector: Placement services of office support personnel and other workers,
and supply services of office support personnel
National Treatment

regard to the provision of supply services of office support
personnel (CPC 87203), and the establishment of suppliers of
placement services of office support personnel and other workers
(CPC 87202).

Existing Measures:

*

Sub-sector: Higher Education Services, Adult Education Services
National Treatment

EU Annex II

4 August 2014
1521

regard to the provision of privately funded higher education
services.

Austria reserves the right to prohibit the cross-border provision of
privately funded adult education services by means of radio or
television broadcasting.

Existing Measures:

*

Sub-sector: Ambulance services
National Treatment

respect to the provision of privately funded ambulance services.

Existing Measures:

***
EU Annex II

4 August 2014
1522
Reservations Applicable in Belgium

Sub-sector:
National Treatment

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 country resident 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 country residents when applying for a fishing licence.

Existing Measures:

*

National Treatment


Requirement of EU nationality for 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 EU nationals.

Existing Measures:

*

EU Annex II

4 August 2014
1523


Mail order is only authorised for pharmacies open to the public,
thus establishment in Belgium is required for the retail of
pharmaceuticals and specific goods to the general public.

Existing Measures: Arrt royal du 21 janvier 2009 portant instructions pour les
pharmaciens
Arrt royal du 10 novembre 1967 relatif lexercice des
professions des soins de sant

*

Sub-sector: Ambulance Services, Residential Health Services Other than
Hospital Services
National Treatment

Belgium reserves the right to adopt or maintain any measure with
respect to the provision of privately funded ambulance and
residential health services other than hospital services.

Existing Measures:
*

medical services, Psychologist Services, Veterinary Services

Industry classification: CPC 9312, part of CPC 93191, part of CPC 85201, CPC 932
National Treatment

Belgium reserves the right to adopt or maintain any measure
relating to the cross-border provision of Medical, Dental and
Midwives Services and Services provided by Nurses,
EU Annex II

4 August 2014
1524
Physiotherapists and Paramedical Personnel, and Veterinary

Services.

Existing Measures:

*

Sub-sector:
National Treatment

Belgium reserves the right to adopt and maintain any measure with
respect to the provision 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

Description: Cross border services and Investment
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.
Arrt royal du 12 janvier 1973 instituant une Commission paritaire
des ports et fixant sa dnomination et sa comptence
Arrt royal du 4 septembre 1985 portant agrment dune
organisation demployeur (Anvers)
Arrt royal du 29 janvier 1986 portant agrment dune
organisation demployeur (Gand)
Arrt royal du 10 juillet 1986 portant agrment dune organisation
demployeur (Zeebrugge)
Arrt royal du 1er mars 1989 portant agrment dune organisation
demployeur (Ostende)
Arrt royal du 5 juillet 2004 relatif la reconnaissance des
EU Annex II

4 August 2014
1525
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 modifi.

*

Sector: Transport
Sub-sector: Road transport

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.

*

Sector: Energy
Sub-sector: Production of electricity
Market Access

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 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 an EU company, or a foreign company from a country having
EU Annex II

4 August 2014
1526
a similar regime to that of directive 2003/54/CE, particularly with

regard to conditions relating to the authorisation and selection.
Additionally, the company should have its central administration
or its head office in an EU Member State or a country meeting the
above criteria, where it has an effective and continuous link with
the economy.

The construction of electrical power lines which link offshore
production to the transmission network of Elia requires
authorisation and the company must meet the previously specified
conditions, except for the joint venture requirement.

Existing Measures: Arrt Royal du 11 octobre 2000 fixant les critres et la procdure
d'octroi des autorisations individuelles pralables la construction
de lignes directes

Arrt Royal du 20 dcembre 2000 relatif aux conditions et la
procdure d'octroi des concessions domaniales pour la construction
et l'exploitation d'installations de production d'lectricit partir de
l'eau, des courants ou des vents, dans les espaces marins sur
lesquels la Belgique peut exercer sa juridiction conformment au
droit international de la mer

Arrt Royal du 12 mars 2002 relatif aux modalits de pose de
cbles d'nergie lectrique qui pntrent dans la mer territoriale ou
dans le territoire national ou qui sont installs ou utiliss dans le
cadre de l'exploration du plateau continental, de l'exploitation des
ressources minrales et autres ressources non vivantes ou de
l'exploitation d'les 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 4010, CPC 71310, CPC 887 (other than consultancy
services), Part of CPC 742
Market Access

Description: Cross-border services and Investment
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.
EU Annex II

4 August 2014
1527

Existing Measures:

*

Sector: Energy
Sub-sector: Energy distribution services and services incidental to energy
distribution
Industry classification: CPC 887 (other than consultancy services)
National Treatment

Description: Cross-border services and Investment
related to energy distribution services and services incidental to
energy distribution.

Existing Measures:

*

Sector: Energy
Sub-sector: Transport via pipeline of fuel
Market Access

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 an EU Member State (in
accordance with Article 3 of the AR of 14 May 2002).

Where the authorisation is requested by a company then:-

- the company must be established in accordance with Belgian law,
or the law of another EU Member State, or the law of a third
country, which has undertaken commitments to maintain a
regulatory framework similar to the common requirements
specified in Directive 98/30/EC of the European Parliament and
the Council of 22 June 1998 concerning common rules for the
internal market in natural gas; and

EU Annex II

4 August 2014
1528
- the company must hold its administrative seat, its principal

establishment or its head office within a Member State of the
European Union, 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: Arrt Royal du 14 mai 2002 relatif lautorisation de transport de
produits gazeux et autres par canalisations.

*

Sector: Energy
Sub-sector: Wholesaling services of electricity and gas

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 an EU Member State.

Existing Measures: Arrt royal relatif aux autorisations de fourniture d'lectricit par
des intermdiaires et aux rgles de conduite applicables ceux-ci
Arrt royal du 12 juin 2001 relatif aux conditions gnrales de
fourniture de gaz naturel et aux conditions d'octroi des
autorisations de fourniture de gaz naturel

*
EU Annex II

4 August 2014
1529

Sector: Energy
Sub-sector: Nuclear energy
Industry classification: ISIC
National Treatment

Belgium reserves the right to adopt and 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 petroleum products
and nuclear fuel, Electricity, gas and hot water supply
Classification: ISIC rev 3.1: 10, 1110, 13, 14, 232, part of 4010, part of 4020, part
of 4030
National treatment

With the exception of the mining of metal ores and other mining
and quarrying (ISIC rev 3.1: 13, 14), Canadian enterprises
controlled by natural persons or enterprises of a third country
which accounts for more than 5% of the EU's oil or natural gas or
electricity imports may be prohibited from obtaining control of the
activity.

Incorporation is required (no branching).

Existing Measures:

***
EU Annex II

4 August 2014
1530
Reservations Applicable in Bulgaria

Sector: All Sectors

Foreign natural and foreign juridical persons (including through a
branch) cannot acquire ownership of land in Bulgaria. Bulgarian
juridical persons with foreign participation cannot acquire ownership
of agricultural land. Foreign juridical persons and foreign citizens
with permanent residence abroad can acquire ownership of buildings
and limited property rights (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 except Mining and Quarrying
Sub-sector:
National Treatment
Measures: Law on State Property
Concessions Act
Law on Privatisation and Post-Privatisation Control

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,
EU Annex II

4 August 2014
1531
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:

*

Sub-sector:
National Treatment

The take of marine and river living resources, performed by
vessels in the internal marine waters, the territorial sea and on the
inland waterways of the Republic of Bulgaria, shall be performed
by vessels flying the Bulgarian flag. A foreign ship may not
engage in commercial fishing in the exclusive economic zone save
on the basis of an agreement between the Republic of 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 88 (part of), CPC 71310
Market Access

Bulgaria reserves the right to adopt and maintain any measure with
respect to the production of electricity and heat and to the services
incidental to energy distribution, as well as to pipeline
EU Annex II

4 August 2014
1532
transportation, storage and warehousing of petroleum and natural

gas, including transit transmission.

Existing measures: Energy Act

*

Sector: Manufacturing, 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 23, 40
National Treatment

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

*

Sub-sector: Legal Services

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

EU Annex II

4 August 2014
1533
*

Industry classification: CPC 86211 and CPC 86212 other than accounting services
Measures: Independent Financial Audit Act

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 a third-country audit entity upon
the latter's furnishing proof that: 1. 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; 2. the audit entity carries out independent
financial audit in accordance with the requirements for
independence and objectivity; 3. 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:

*
Market Access
Measures: Veterinary Practices Act

In Bulgaria, a veterinary medical establishment may be established
by a natural or a legal person.
The practice of veterinary medicine is subject to an EU/EEA
nationality condition, otherwise a permanent residence permit is
required for foreign nationals (physical presence is required).
*

Sub-sector: Executive search, placement services, and supply services of office
support personnel
EU Annex II

4 August 2014
1534
National Treatment

Bulgaria reserves the right to adopt or maintain any measure with
regard to the establishment of placement services of office support
personnel (CPC 87202).

regard to the provision of executive search services (CPC 87201)
and supply services of office support personnel (CPC 87203).

Existing Measures:

*

National Treatment

regard to the provision of security services.

Licensing and authorisation requirements may exist. Residency or
commercial presence is required and nationality requirements may
exist.

Existing Measures:

*

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
National Treatment
EU Annex II

4 August 2014
1535

respect to the distribution chemical products, precious metals and
stones, pharmaceuticals, medical substances and products and
objects for medical use; tobacco and tobacco products and
alcoholic beverages.

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 the Chemical Weapons and for Control over
the Toxic Chemical Substances and Their Precursors
Law for Tobacco and Tobacco Products

*

Sub-sector:
Market Access

Bulgaria reserves the right to adopt and maintain any measure
restricting the cross-border provision of privately funded primary
and secondary education services.

respect to the provision 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

*
Type of Reservation Cross-Border Supply of Financial Services

EU Annex II

4 August 2014
1536
Transport insurance, covering goods, insurance of vehicles as such

and liability insurance regarding risks located in the Republic of
Bulgaria may not be underwritten by foreign insurance companies
directly.

*

Sub-sector:
Industry classification: CPC 9311 Hospital services, 93192 Ambulance services, 93193
Residential health services other than hospital services
National Treatment

respect to the provision of privately funded hospital, ambulance,
and residential health services other than hospital services.

Existing Measures:

*

National Treatment

respect to the provision 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

EU Annex II

4 August 2014
1537
*

Sector: Transport
Sub-sector: Supporting services for road transport
Measures: Bulgarian Act for Road Transport, art. 6

Description: Cross border
Establishment is required.

Existing Measures: Law for Medical Establishments

*

Sector: Water Transport
Sub-sector: Supporting services for water transport

In so far as Canada and its provinces and territories allow
Bulgarian service suppliers 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 Canadian services suppliers 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:

Measures that are taken under existing or future agreements, and
which regulate traffic rights and operating conditions, and the
provision of transport services in the territory of Bulgaria, Czech
Republic and Slovakia and between the countries concerned.

Existing Measures:
EU Annex II

4 August 2014
1538

*

Sub-sector:

Measures taken under existing or future agreements, which reserve
and/or restrict the supply of these kinds of transportation services
and specify the terms and conditions of this supply, including
transit permits and/or preferential road taxes, in the territory of
Bulgaria or across the borders of Bulgaria.

Existing Measures:

*

Sector: Transport
Market Access

For passenger and freight transportation, exclusive rights and/or
authorisations may only be granted to nationals of the Member
States of the European Union and to juridical persons of the
European Union having their headquarters in the European Union.

Incorporation is required. Condition of EU nationality for natural
persons.

Existing Measures:

***
EU Annex II

4 August 2014
1539
Reservations Applicable in Croatia

Sector: Agriculture, hunting
Sub-sector:
Industry classification: ISIC rev. 3.1:011, 012, 013, 014, 015, CPC 8811, 8812, 8813
excluding advisory and consultancy services
National Treatment

Croatia reserves the right to adopt or maintain any measure with
respect to agricultural and hunting activities.
Existing Measures:

*

Sub-sector: Urban planning
National Treatment

respect to the cross-border provision of urban planning.

Existing Measures:

*

Sub-sector: Security Services
National Treatment

respect to security consultation services and guard services.

Existing Measures:

EU Annex II

4 August 2014
1540
*

Sector: Other Business Services
Sub-sector: Translation and Interpretation Services;
National Treatment

respect to the cross border provision of translation and
interpretation of official documents.

*

Sub-sector: Road transport services
Industry classification: CPC 7111 and CPC 7112
Type of Reservation: Most favoured nation treatment

Measures applied under existing or future agreements on
international road transport and which reserve or limit the
provision of transport services and specify operating conditions,
including transit permits and/or preferential road taxes of transport
services into, in, across and out of the Republic of Croatia to the
parties concerned.

Existing Measures:

*

Sub-sector: Services auxiliary to all modes of Transport
Industry classification: CPC 741, 742, 743, 744, 745, 746, 749
National Treatment

respect to the cross border provision of services auxiliary to
transport other than freight transport agency services,
transportation preparation document services and supporting
services for road transport that are subject to permit.
EU Annex II

4 August 2014
1541
Existing Measures:

***

EU Annex II

4 August 2014
1542
Reservations Applicable in Cyprus

support personnel
National Treatment

Cyprus reserves the right to adopt or maintain any measure with


Existing Measures:

*

National Treatment


exist.

Existing Measures:

*

Sub-sector:
EU Annex II

4 August 2014
1543

National Treatment

Cyprus reserves the right to adopt and maintain any measure with
respect to the provision of privately funded primary, secondary,
higher, and adult education services.

Existing Measures:

*

Sub-sector: Hospital services, Ambulance services, Residential health services
National Treatment


Existing Measures:

*

Sub-sector:
National Treatment

Cyprus reserves the right to adopt and maintain any measure with
People's Homes.

EU Annex II

4 August 2014
1544
*

Sector: Energy
Sub-sector:
Industry classification: ISIC rev 3.1: 232, 4010, 4020, and CPC 62271, 63297, 7131,
613, 742, and 887 (excluding advisory and consulting
services)

Market Access

Cyprus reserves the right to adopt or maintain any measure
limiting the cross-border provision 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.
respect to the manufacture of refined petroleum products insofar as
the investor is controlled by a natural or juridical person of a non-
EU country which accounts for more than 5% of the EU's oil or
natural gas imports, as well as to the manufacture of gas,
distribution of gaseous fuels through mains on own account, the
production, transmission and distribution of electricity, the pipeline
transportation of fuels, services incidental to electricity and natural
gas distribution other than advisory and consulting services,
wholesale services of electricity, retailing services of motor fuel,
electricity and non-bottled gas.

Existing Measures: The Regulating of the Electricity Market Laws of 2003 to 2008
(articles 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

***
EU Annex II

4 August 2014
1545
Reservations Applicable in Czech Republic

National Treatment

Czech Republic reserves the right to adopt or maintain any
measure with respect to the cross-border provision of real estate
services.

Existing Measures:

*

Sub-sector: Auction Services
Industry classification: CPC Ver.1.1 part of 621 (services of retail auctioning houses)
CPC Ver.1.1 part of 612 (services of wholesale houses)
CPC Ver.1.1 part of 625 (services of electronic retail auctions)
CPC Ver.1.1 part of 85990 (auctioning services other than in
connection with legal procedures)

Auction services in the Czech Republic are subject to licence. To
obtain a licence (for the provision 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: The Act. 455/1991 Coll., Trade Licence Act and Act no. 26/2000
Coll., on public auctions

*

National Treatment

EU Annex II

4 August 2014
1546
Only an enterprise in which at least 60 per cent of capital interests

or voting rights are reserved to Czech/EU nationals may be
authorised to carry out audits in the Czech Republic.

Existing Measures: Law of 14
th
April 2009 no. 93/2009 Coll., on Auditors

*

support personnel
National Treatment

The Czech Republic reserves the right to adopt or maintain any
measure with regard to the establishment of placement services of
office support personnel (CPC 87202).

measure with regard to the provision of executive search services
(CPC 87201) and supply services of office support personnel
(CPC 87203).

Existing Measures:

*

National Treatment

measure with regard to the provision of security services.

exist.

Existing Measures:
EU Annex II

4 August 2014
1547

*

Sub-sector:

In the Czech Republic, the majority of the members of the board of
directors of an establishment providing privately-funded education
services must be Czech nationals.

Existing Measures:

*

National Treatment

measure with respect to the provision 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

*

medical services, Psychologist Services, Other Health-related
Services
Industry classification: CPC 9312, part of CPC 9319,
National Treatment

EU Annex II

4 August 2014
1548

measure with regard to the provision of all health-related
professional services, including the services provided by
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)

*

Sub-sector:
National Treatment

The Czech Republic reserves the right to adopt and maintain any
measure with respect to the provision of privately funded social
services.

*

Sub-sector:

EU Annex II

4 August 2014
1549

Existing Measures:

*

Sub-sector:

which reserve or limit the provision of transport services and
specify operating conditions, including transit permits and/or
preferential road taxes of a transport services into, in, across and
out of the Czech Republic to the contracting parties concerned.

Existing Measures:

***

EU Annex II

4 August 2014
1550
Reservations Applicable in Denmark

Sector: All sectors
Sub-sector:

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
89
utilizing environmental
technology (the Nordic Environment Finance Corporation).

respectively.

Existing Measures:

*

Sub-sector:
National Treatment

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
an enterprise incorporated in Denmark.
89
Applies to East European companies, which are cooperating with one or more Nordic
companies.
EU Annex II

4 August 2014
1551

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 EEA Countries.

Existing Measures:

*

National Treatment

Denmark reserves the right to adopt or maintain any measure with
regard to the provision of airport guard services.

In order to provide security services in Denmark, it is a requirement
to be a national juridical person.

Existing Measures:

*

National Treatment

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.
EU Annex II

4 August 2014
1552

Existing Measures:

*

Sub-sector:
National Treatment

Denmark reserves the right to adopt and maintain any measure with
People's Homes.

***
EU Annex II

4 August 2014
1553
Reservations Applicable in Estonia

Sector: All Sectors

Only a natural person who is an Estonian citizen or the citizen of
any EEA country, 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) 2, 3

*

support personnel
National Treatment

Estonia reserves the right to adopt or maintain any measure with


Existing Measures:

*

EU Annex II

4 August 2014
1554

National Treatment


exist.

Existing Measures:

*

Sub-sector: Banking and other financial services (except insurance
National treatment

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 and Rail Transport

Estonia reserves the right to adopt or maintain any measure which
future bilateral agreements on international road transport
(including combined transport-road/rail), reserving or limiting the
provision of a transport services into, in, across and out of the
EU Annex II

4 August 2014
1555
Republic of Estonia to the contracting parties to vehicles registered

in each contracting party, and providing for tax exemption for such
vehicles.

Existing Measures:

***
EU Annex II

4 August 2014
1556
Reservations Applicable in Finland

Sector: All Sectors
Sub-sector:
Market Access

Restrictions on the right for natural persons, who do not enjoy
regional citizenship in land, and for legal persons, to acquire and
hold real property on the land Islands without obtaining
permission from the competent authorities of the land Islands.

Restrictions on the right of establishment and right to carry out
economic activities by natural persons, who do not enjoy regional
citizenship in land, or by any enterprise, without obtaining
permission from the competent authorities of the land Islands.

Existing Measures: Ahvenanmaan maanhankintalaki (Act on land acquisition in land)
(3/1975), Section 2
Ahvenanmaan itsehallintolaki (Act on the Autonomy of land)
(1144/1991), Section 11

*

Sector: All services
Sub-sector: Electronic identification 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 shkisest tunnistamisesta ja shkisist
allekirjoituksista (Act on Strong Electronic Identification and
Electronic Signatures) 617/2009

*

Sector: All sectors
Sub-sector:
EU Annex II

4 August 2014
1557

90

respectively.

Existing Measures:
*

Sector: Manufacture of Nuclear Fuel, Electricity, Gas and Water Supply
Sub-sector: Nuclear based electricity generation
Industry classification: ISIC REV 3.1 233, 40
Market Access

Finland reserves the right to adopt and 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)

*

Sub-sector: Executive search, placement services of office support personnel
and other workers, and supply services of office support personnel
90
companies.
EU Annex II

4 August 2014
1558
Market Access

Description: Cross border Services and Investment
Finland reserves the right to adopt or maintain any measure with

and supply services of office support personnel and other workers
(CPC 87203).

Existing Measures: Laki julkisesta tyvoima- ja yrityspalvelusta (Act on Public
Employment and Enterprise Service) (916/2012)

*

Market Access


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 yksityisist turvallisuuspalveluista (Private Security Services
Act) 282/2002

*

Sub-sector: Distribution of alcoholic beverages
Industry classification: part of CPC 62112, 62226, 63107, 8929
Market Access

EU Annex II

4 August 2014
1559

respect to the provision of distribution of alcoholic beverages.

Existing Measures: Alkoholilaki (Alcohol Act) (1143/1994)

*

Sub-sector: Distribution of pharmaceutical products
National Treatment

regard to distribution of pharmaceutical products.

Existing Measures: Lkelaki (Medicine Act) (395/1987)

*
Sector: Energy
Sub-sector: Transmission and distribution networks and systems, importation,
wholesale and retail of electricity, production and distribution of
Industry classification: ISIC Rev. 3.1 40, CPC 7131, CPC 887 (excluding advisory and
consultancy services)
National treatment

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 an
LNG terminal (including those parts of the LNG terminal used for
storage and/or re-gasification of LNG) by foreign persons or
enterprises for energy security reasons.

regard to the importation, wholesale and retail of electricity.

EU Annex II

4 August 2014
1560
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)
Shkmarkkinalaki (Electricity Market Act) (386/1995)

*

Sub-sector:
National Treatment


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)

*

other than hospital services, Other human health services
National Treatment

EU Annex II

4 August 2014
1561

residential health services other than hospital services, and other
human health services.

Existing Measures: Laki yksityisest terveydenhuollosta (Act on Private Health Care)
(152/1990)

*

Sub-sector: Health-related professions: Medical and dental services, services
provided by midwives, physiotherapeutic and para-medical
services, Services provided by psychologists
National Treatment

respect to the provision 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 yksityisest terveydenhuollosta (Act on Private Health Care)
(152/1990)

*

Sub-sector:
National Treatment

respect to the provision of privately funded social services.

EU Annex II

4 August 2014
1562
Existing Measures: Laki yksityisten sosiaalipalvelujen valvonnasta (Act on

Supervision of Private Social Services) (603/1993)

*

Market Access

The supply of insurance broker services is subject to a permanent
place of business in the European Union.

Only insurers having their head office in the European Union or
having their 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 a Canadian insurance company must have his
place of residence in Finland, unless the company has its head
office in the EU.

Existing Measures: Laki ulkomaisista vakuutusyhtiist (Act on Foreign Insurance
Companies) (398/1995)
Vakuutusyhtilaki (Insurance Companies Act) (521/2008)
Laki vakuutusedustuksesta (Act on Insurance Mediation)
(570/2005)
Laki tyelkevakuutusyhtiist (Act on Companies providing
statutory pension insurance) (354/1997)

EU Annex II

4 August 2014
1563
*

Sub-sector: Banking and other 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 osakeyhtimuotoisista
luottolaitoksista (Act on Commercial Banks and Other Credit
Institutions in the Form of a Limited Company) (1501/2001)
Sstpankkilaki (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 hypoteekkiyhdistyksist (936/2001) (Act on Morgage
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
National Treatment

EU Annex II

4 August 2014
1564

respect to cross-border provision 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% owned by the state) until 2017 in Helsinki Metropolitan
Area and elsewhere until 2019 in this field, which may be
renewed.

Existing Measures: Regulation (EC) No 1370/2007 on public passenger transport
services by rail and by road and repealing Council Regulations
(EEC) Nos 1191/69 and 1107/70
Rautatielaki (Railway Act) (304/2011)

*

Sub-sector:
Market Access

Commercial fishing can only be exercised by vessels flying the
Finnish flag. Additional requirements may apply, which relate,
inter alia, to ownership of the vessel and the existence of a
sufficient connection to the Finnish fishing industry

Existing Measures: Merilaki (Maritime Act) 674/1994
Kalastuslaki (Fishing Act) 286/1982
Laki merell toimivien kalastus- ja vesiviljelyalusten
rekisterinnist (Act on Registration of Sea-going vessels engaged
in Fishing and Aquaculture) 690/2010

*

Sector: Transport
National Treatment

EU Annex II

4 August 2014
1565
Authorisation is required to provide road transport services, which

is not extended to foreign registered vehicles.

Existing Measures: Laki kaupallisista tavarankuljetuksista tiell (Act on Commercial
Road Transport) 693/2006
Ajoneuvolaki (Vehicles Act) 1090/2002

*

Sector: Transport
Sub-sector: Maritime Transport, Road and Rail Transport

Finland reserves the right to adopt or maintain any measure which
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:

***
EU Annex II

4 August 2014
1566
Reservations Applicable in France

Sector: All sectors
National Treatment

Pursuant to articles L151-1 and R153-1 sec of the financial and
monetary code, foreign investments in France in sectors listed in
article R153-2 of the financial and monetary code are subject to
prior approval from the Minister for the Economy.

Existing Measures: Financial and monetary code: articles L151-1 sec, R153-1 sec

*

Sector: All sectors
Measures:

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.

Phase-out: None

*

Sub-sector:
EU Annex II

4 August 2014
1567
Market Access

Non-EU nationals cannot participate in French maritime State
property for fish/shellfish/algae farming.

Existing Measures:

*

Sub-sector: Placement services and supply services of office support personnel
Industry classification: 87202, 87203
National Treatment

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 provision of supply services of office personnel.

Existing Measures:

*

National Treatment


Nationality condition for managing directors and directors.

Existing Measures:

*

EU Annex II

4 August 2014
1568

Insurance of risks relating to ground transport may be underwritten
only by insurance firms established in the European Union.

Existing Measures: Article L 310-10 du code des assurances

*

Sub-sector: Laboratory Analysis and Testing
National Treatment

France reserves the right to adopt or maintain any measure with
regard to the provision of privately funded laboratory analysis and
testing services.

Existing Measures: Article L 6213-1 6213-6 du Code de la Sant Publique

*

Sub-sector:
National Treatment

France reserves the right to adopt and maintain any measure with
People's Homes.

*

EU Annex II

4 August 2014
1569


France reserves the right to require EU nationality for the provision
of tourist guide services in its territory.

Existing measures: None

*
Sector: News and Press Agency Services
Sub-sector:
National Treatment

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 Canadian press agencies is subject to conditions
set out in domestic regulation.

Establishment of press agencies by foreign investors is subject to
reciprocity.

Existing Measures: Ordonnance n 45-2646 du 2 novembre 1945 portant
rglementation provisoire des agences de presse
Loi n 86-897 du 1 aot 1986 portant rforme du
rgime 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, 402, CPC 7131, CPC 887
National Treatment

EU Annex II

4 August 2014
1570

regard to electricity and gas transmission systems and oil and gas
pipeline transport.

Only companies where 100% 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% 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 2004-803 du 9 aot 2004 relative au service public de
llectricit et du gaz et aux entreprises lectriques et gazires

Loi N2005-781 du 13 juillet 2005

Loi N2000-108 du 10 fvrier 2000

*

Sector: Production of electricity

respect to the production of electricity.

*

Sector: Manufacturing, production, processing, generation, distribution or
transportation of nuclear material
Industry classification: ISIC REV 3.1 12, 23, 40; ISIC rev.3.1, 1200, 2330, part of 4010
National Treatment

The manufacturing, production, processing, generation,
distribution or transportation of nuclear material must respect the
obligations of the Euratom-Canada agreement.
EU Annex II

4 August 2014
1571

Existing Measures:

*

Sector: Rental/Leasing Services without Operators
Sub-sector: Other Rental/Leasing Services without Operators
National Treatment

regard to the provision of other rental/leasing services without
operator.
Existing Measures:

*

Sector: Transport
National Treatment

Foreign investors are not allowed to provide intercity bussing
services.

Existing Measures:

***
EU Annex II

4 August 2014
1572
Reservations Applicable in Germany

(applicable to all levels of government unless otherwise indicated)

Sub-sector:
Market Access

The majority of shares must be owned by EU citizens or
companies established in accordance with EU rules and that have
their principal place of business in a Member State. 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:

*

Sub-sector: Waste management: Sewage, refuse disposal, and sanitation
services
Type of Reservation:: Market access

Germany reserves the right to maintain or adopt or maintain any
measure prohibiting the cross-border provision 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.

*

EU Annex II

4 August 2014
1573

sub-sector: Soil Management
Industry classification: 94060
Type of reservation: Market Access

prohibiting the cross-border provision 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.

relating to the designation, establishment, expansion, or operation
of monopolies or exclusive services suppliers providing soil
management and protection services.

Existing measures:

*

National Treatment

Compulsory air insurance policies can be underwritten only by a
subsidiary established in the European Union 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 Rckversicherungsgeschft durch
Mittelspersonen betreiben wollen, bedrfen der Erlaubnis.

*

National Treatment

EU Annex II

4 August 2014
1574
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
Industry classification: CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209
National Treatment

Germany reserves the right to adopt or maintain any measure with
regard to the provision 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 fr Arbeit). Pursuant
to Sec. 292 Social Code No. 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: Sec. 42 Employment Regulation (Beschftigungsverordnung)

*

Sub-sector:
National Treatment

EU Annex II

4 August 2014
1575
Germany reserves the right to adopt or maintain any measure with

regard to the provision 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 provision
of health and social services.

Existing Measures:

*

Sub-sector:
National Treatment

Germany reserves the right to adopt and maintain any measure
with respect to the provision of privately funded social services
other than services relating to Convalescent and Rest Houses and
Old People's Homes.

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:

*

Sub-sector: Hospital Services
Industry classification: 93110
National Treatment

EU Annex II

4 August 2014
1576
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:

*

Sub-sector: Entertainment services, including theatre, live bands and circus
services, Libraries, archives and museums and other cultural
services
Industry classification: CPC 96, except for 962 (News and Press Agency Services) and
964 (Sporting and Other Recreational Services) and Audiovisual
Services
National Treatment

prohibiting the cross-border provision of services irrespective of
their mode of production, distribution, or transmission and
requiring establishment with respect to entertainment services
(CPC 961), with the exception of audiovisual services which are
not subject to liberalisation under this agreement.

with respect to the provision of libraries, archives, museums and
other cultural services (CPC 963).

Existing measures:

*

Sector: Energy
Sub-sector: Nuclear-based electricity generation
Industry classification: ISIC REV 3.1 120, 40, services to be included
National Treatment
EU Annex II

4 August 2014
1577

with respect to the processing or transportation of nuclear material
and generation of nuclear-based energy.

Existing measures:

*

Sector: Rental/Leasing of vessels
Sub-sector:

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
National Treatment

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:

***
EU Annex II

4 August 2014
1578
Reservations Applicable in Greece

Sub-sector:
National Treatment

Greece reserves the right to adopt and maintain any measure with
People's Homes.

***

EU Annex II

4 August 2014
1579
Reservations Applicable in Hungary

Sector: All Sectors
Sub-sector:
National Treatment

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
Measures:

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
Market Access

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 LV of 1994 on Arable Land
EU Annex II

4 August 2014
1580

*

Sector: Agriculture
Sub-sector:
Industry classification: ISIC rev 3.1.: 011, 012, 013, 014, 015 excluding advisory and
consultancy services
National Treatment

Hungary reserves the right to adopt or maintain any measures with
respect to agricultural activities.

Existing Measures:

*

Sub-sector: Accounting, Bookkeeping and Auditing services

respect to cross border activities for accounting, bookkeeping and
auditing services.

Existing Measures: Act C of 2000, Act CXXV of 2007

*
Sub-sector: Real Estate Services
National Treatment

respect to the cross-border provision of real estate services.

Existing Measures:

*

EU Annex II

4 August 2014
1581
Sub-sector: Services incidental to manufacturing; Services incidental to energy

distribution
Industry Classification: Part of CPC 884 and 887, other than advisory and consulting
services
National Treatment

respect to services incidental to energy distribution, and to the
cross-border provision of services incidental to manufacturing,
with the exception of advisory and consulting services relating to
these sectors.

Existing Measures:

*

National Treatment

regard to the provision of armoured car services and guard services.

Existing Measures:

*

Sub-sector: Duplicating services

Description: Cross-Border services
Hungary reserves the right to require establishment for the supply
of duplicating services.

Existing Measures:

*

EU Annex II

4 August 2014
1582

National Treatment

The supply of direct insurance in the territory of Hungary by
insurance companies not established in the European Union is
allowed only through a branch office registered in Hungary.

Existing Measures: Act LX of 2003

*

Sub-sector: Hospital, ambulance and residential health services other than
hospital services
National Treatment

Hungary 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 provision from outside
their territory of all hospital, ambulance, and residential health
services other than hospital services (CPC codes 9311, 931292,
93193), which receive public funding.
*

Sub-sector:
National Treatment

Hungary reserves the right to adopt and maintain any measure with

*

Sector: Recreational, cultural and sporting agencies
EU Annex II

4 August 2014
1583
Sub-sector: News and press agencies services


Description: Cross-Border services
respect to the supply of news and press agencies services.

Existing Measures: None
*

Sector: Manufacturing of electricity, gas and water supply
Processing of nuclear fuel
Industry classification: ISIC rev.3.1.: 2330, part of 4010
National Treatment

Hungary reserves the right to adopt and 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

*

Sub-sector: Pipeline Transportation of fuels

The provision 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

***

EU Annex II

4 August 2014
1584
Reservations Applicable in Ireland

Sub-sector: Executive search, supply services of office support personnel
National Treatment

Description: Cross border Services
Ireland reserves the right to require establishment and to prohibit the
cross-border provision of the supply of executive search services.

Ireland reserves the right to require establishment and to prohibit the
cross-border provision of supply services of office personnel.

Existing Measures:

*

[Sector: Financial Services
National Treatment

The provision of investment services or investment advice requires
either (I) authorisation in Ireland, which normally requires that the
entity be incorporated or be a partnership or a sole trader in each
case with a head/registered office in Ireland (authorisation may not
be required in certain cases, e.g., where a third country service
supplier has no commercial presence in Ireland and the service is
not supplied to private individuals) or (II) authorisation in another
Member State in accordance with the EC Investment Services
Directive.

Existing Measures: Directive 85/611/EEC

*

Sub-sector:
EU Annex II

4 August 2014
1585
National Treatment

Ireland reserves the right to adopt and maintain any measure with
People's Homes.

*

Sector: Transport
Sub-sector: Road Transport: Passenger Transportation

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:
***

EU Annex II

4 August 2014
1586
Reservations Applicable in Italy

Sector: All sectors
Sub-sector:
National Treatment

The Government may exercise certain special powers in
enterprises operating in the areas of defense 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 defense and national security, not only to privatised
companies.

Where there is a threat of serious injury to the essential interests of
defense 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;
c) to reject the acquisition of shares, where the buyer seeks to to
hold a level of participation in the capital that is likely to prejudice
the interests of defense 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 Ministers 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;
c) to reject an acquisition in exceptional cases of risk to the
essential interests of the State.
EU Annex II

4 August 2014
1587

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 defense 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 defense and
national security

*

Sub-sector:
National Treatment

Fishing in Italian territorial waters is reserved to Italian flagged
vessels.

Existing Measures: Royal Decree 327/1942 (modified with Law 222/2007), art. 143
and 221 (Navigation Code)

*

Sub-sector: Placement services, and supply services of office support
personnel
National Treatment

Italy reserves the right to require establishment and to prohibit the
cross-border provision of supply services of office personnel (CPC
87203).

Italy reserves the right to restrict the number of suppliers of
placement services and supply services of office personnel
(CPC8702 and 87203).

EU Annex II

4 August 2014
1588
Existing Measures: Legislative Decree 276/2003 art. 4 and 5

*

Sub-sector: Primary, secondary, and higher education services
Industry classification CPC 921, 922, 923
National Treatment

Italy reserves the right to require establishment and to restrict the
provision of cross-border services for the 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

*

Sub-sector: Banking and other financial services (except insurance)
National Treatment

Italy reserves the right to adopt or maintain any measure relating to
the activities of "promotori di servizi finanziari".

Existing Measures: Articles 91-111 of Consob Regulation on Intermediaries (no.
16190 of 29 October 2007

*


Transport insurance of goods, insurance of vehicles as such and
liability insurance regarding risks located in Italy may be
EU Annex II

4 August 2014
1589
underwritten only by insurance companies established in the

European Union, except for international transport involving
imports into Italy.

Existing Measures: Art. 29 of the code of private insurance (Legislative decree n. 209
of 7 September 2005

*


Italy reserves the right to adopt or maintain any measure requiring
establishment and limiting the cross-border provision of services of
suppliers of actuarial services.

Existing Measures: Law 194/1942 on the actuarial profession

*

Sub-sector:
National Treatment

Italy reserves the right to adopt and maintain any measure with
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
EU Annex II

4 August 2014
1590

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,

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)

***
EU Annex II

4 August 2014
1591
Reservations Applicable in Latvia

Sector: All sectors
Sub-sector: Acquisition of rural land
Market Access

Latvia reserves the right to adopt or maintain any measure with
regard to the acquisition of rural land by third country nationals,
including with regard to the authorisation process for the
acquisition of rural land.

Existing Measures: Law on land privatisation in rural areas, Section 28;29;30.

*

Sector: Veterinary Services
Sub-sector:
National Treatment

Latvia reserves the right to adopt or maintain any measure relating
to the cross-border provision of veterinary services.

*

support personnel
National Treatment

regard to the provision of executive search, placement services, and
supply services of office support personnel (CPC 87201, 87202,
87203).

EU Annex II

4 August 2014
1592
Existing Measures:

*

National Treatment


exist.

Existing Measures:

*
Sector: Transport
National Treatment

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:
EU Annex II

4 August 2014
1593
Reservations Applicable in Lithuania

Sector: All sectors
Sub-sector:
National Treatment
Most-Favoured -Nation Treatment

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
Market Access

Lithuania reserves the right to adopt or maintain any measure
which is consistent with the commitments taken by the European
Union 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 OECD and NATO conducting
EU Annex II

4 August 2014
1594
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 Article 47 of the Constitution of
the Republic of Lithuania of 20 June 1996, No. I-1392 as last
amended 20 March 2003, No. IX-1381

Law on land, of 27 January 2004, No. IX-1983

Law on acquisition of agricultural land of 24 April 2014, No. XII-
854

*


Attorneys from foreign countries can participate as advocates in
court only in accordance with bilateral agreements on legal
assistance.

Existing Measures:

*

support personnel
National Treatment

regard to the provision of executive search, placement services, and
EU Annex II

4 August 2014
1595
supply services of office support personnel (CPC 87201, 87202,

87203).

Existing Measures:

*

National Treatment


exist.

Existing Measures:

*


In Lithuania, investigation services are a monopoly reserved to the
State.

Existing Measures:

*

Sector: Tourism and Travel-Related Services

EU Annex II

4 August 2014
1596
Insofar as Canada and its provinces and territories allow

Lithuanian nationals to provide tourist guide services, Lithuania
will allow Canadian nationals to provide tourist guide services
under the same conditions.

Existing Measures:

*

Sector: Telecommunications
Sub-sector:
National Treatment
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-register.

Existing Measures: Government Resolution of 28 May 2002 No.756 On the approval
of the standard procedure for setting prices and tariffs of goods and
services of a monopolistic nature 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:
Measures: Law on Construction of Republic of Lithuania of 19 March 1996
No. I-1240

The right to prepare design documentation for construction works
of exceptional significance is only given to a design enterprise
registered in the Republic of 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 the Republic of Lithuania.

EU Annex II

4 August 2014
1597
Existing Measures: Law on Construction of Republic of Lithuania of 19 March 1996

No. I-1240

*

Sub-sector:

regard to the cross-border provision of all social services which
receive public funding or State support in any form, and are
therefore not considered to be privately funded.

*

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

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 funds.

Only banks having their registered office or branch in Lithuania
and authorised to provide investment services in the Member State
or in the European Economic Area State may act as the
depositories of the assets of pension funds.

At least one head of a banks administration must speak the
Lithuanian language and permanently reside in the Republic of
Lithuania.
EU Annex II

4 August 2014
1598

Phase-out: None

*

Sub-sector: Pipeline Transportation of fuels
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: CPC 742 (ISIC Rev.3.1: 402)

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: part of CPC 8868, CPC 86764 and CPC 86769

In Lithuania, maintenance and repair services of rail transport
equipment are subject to a state monopoly.

Existing Measures:
EU Annex II

4 August 2014
1599

*

Sub-sector:

Measures that are taken under bilateral agreements and which set
the provisions for transport services and specify operating
conditions, including bilateral transit and other transport permits
for transport services into, through and out of the territory of
Lithuania to the contracting parties concerned, and road taxes and
levies.

Existing Measures:

***

EU Annex II

4 August 2014
1600
Reservations Applicable in Malta

Sub-sector:
National Treatment

For the purposes of the registration and licensing of a fishing
vessel, the owner and/or 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: Article 5 of Subsidiary Legislation 425.07 on Fishing Vessels
Regulations

*

support personnel
National Treatment

Malta reserves the right to adopt or maintain any measure with


Existing Measures:

*

National Treatment
EU Annex II

4 August 2014
1601


exist.

Existing Measures:

*

Sub-sector:
National Treatment

Malta reserves the right to adopt and maintain any measure with

Existing Measures:

*

National Treatment


Existing Measures:
EU Annex II

4 August 2014
1602

*

Market Access

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 EU nationals having prior authorisation, which may be subject
to an ENT.

Existing Measures:

*

Sub-sector:
National Treatment

regard to the provision of privately funded social services.

*

Sub-sector: Road Transport
National treatment

EU Annex II

4 August 2014
1603
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).

*

Sector: Transport
Industry classification: CPC 7213, CPC 7214, CPC 745, part of CPC 742, part of CPC 749

Exclusive rights exist for the maritime link to mainland Europe
through Italy with Malta.

***
EU Annex II

4 August 2014
1604
Reservations Applicable in Netherlands

Sub-sector: Supply services of office support personnel

Description: Cross Border Services
The Netherlands reserves the right to require establishment and to
prohibit the cross-border provision of supply services of office
personnel.

Existing Measures:

Sector: Transportation, Fishing and Aquaculture
Sub-Sector: Water Transportation, Services Incidental to Fishing
CPC 722 Transport services (passengers and freight) by non-
seagoing vessels
Market Access

Foreign investors must have their principal office in the
Netherlands in order to register a vessel on the national shipping
register.

Existing Measures:
***

EU Annex II

4 August 2014
1605
Reservations Applicable in Poland

Sector: All sectors
Sub-sector:

Preferential conditions for establishment or the provision of cross-
border services, which may include the elimination or modification
of certain restrictions embodied in the list of reservations
applicable in Poland, may be extended through commerce and
navigation treaties.

Existing Measures:

*

Sub-sector:

Poland reserves the right to adopt or maintain any measure which
accords differential treatment to services and service providers 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:

*

support personnel
National Treatment

EU Annex II

4 August 2014
1606
Poland reserves the right to adopt or maintain any measure with



Existing Measures:

*

National Treatment

Reserve the right to adopt or maintain any measure with regard to
the provision of security services.

exist.

Existing Measures:

*

Sub-sector: Ambulance Services
National Treatment

respect to the provision of ambulance services.

Existing Measures:

*

EU Annex II

4 August 2014
1607

Sub-sector:
National Treatment

Poland reserves the right to adopt and maintain any measure with

Existing Measures:

*

Sector: Transport
Sub-sector: All Passenger and Freight Transport Services excluding Maritime
Transport

Insofar as Canada and its provinces and territories allow the supply
of transport services into and across Canadian territory by Polish
passenger and freight transport suppliers, Poland will allow the
supply of transport services by Canadian passenger and freight
transport suppliers into and across the territory of Poland under the
same conditions.

Existing Measures:

***
EU Annex II

4 August 2014
1608
Reservations Applicable in Portugal

Sector: All sectors
Sub-sector:

Portugal reserves the right to waive nationality requirements for
the exercise of certain activities and professions by natural persons
supplying services for countries for whom Portuguese is the
official language (Angola, Brazil, Cape Verde, Guinea-Bissau,
Mozambique and So Tom & Principe).

Existing Measures:

*

Industry classification: CPC 86211, CPC 86212, other than accounting services

Portugal reserves the right to adopt or maintain any measure with
respect to the cross-border provision of auditing services.

Existing Measures:

*

support personnel
National Treatment


EU Annex II

4 August 2014
1609


Existing Measures:

*

National Treatment


Nationality condition for specialised personnel.

Existing Measures:

*


In Portugal, investigation services are a monopoly reserved to the
State.

Existing Measures:
*


Air and maritime transport insurance, covering goods, aircraft, hull
and liability, can be underwritten only by firms established in the
European Union.

EU Annex II

4 August 2014
1610
Only persons or companies established in the European Union may

act as intermediaries for such insurance business in Portugal.

Existing Measures: Article 7 of Decree-Law 94-B/98 and article 7 of Decree-Law
144/2006

*

Sub-sector:
National Treatment

Portugal, reserves the right to adopt and maintain any measure with
People's Homes.

*

Sector: Energy
Sub-sector: Electricity, Natural Gas, Crude oil/Petroleum products
Industry classification: ISIC rev 3.1: 232, 4010, 4020, CPC 7131, 7422, 887 (excluding
advisory and consulting services)
National Treatment

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.
respect to the cross-border provision 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.
EU Annex II

4 August 2014
1611
Concessions relating to the transmission, distribution and

underground storage of natural gas and the reception, storage and
regasification terminal of liquefied natural gas (LNG) are awarded
through contracts concession, 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

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


Portugal reserves the right to adopt and 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.
EU Annex II

4 August 2014
1612

Existing Measures: Decree-Law 109/2010, 14
th
October 2010 and Law 13/2011,
29
th
April 2011

***

EU Annex II

4 August 2014
1613
Reservations Applicable in Romania

Sub-sector: Research and Development Services
National Treatment
Description: Cross Border Services
Romania reserves the right to adopt and maintain any measure with
respect to the provisions of the specific legislation in force (to be
completed).

Existing Measures: Governmental Ordinance nr. 6 / 2011
Order of Minister of Education and Research nr. 3548 / 2006
Governmental Decision nr. 134 / 2011

*

support personnel
National Treatment

Romania reserves the right to adopt or maintain any measure with


Existing Measures:

*

National Treatment
EU Annex II

4 August 2014
1614


exist.

Existing Measures:

*

Sub-sector:
National Treatment


Existing Measures:

*

Sub-sector:
National Treatment


***

EU Annex II

4 August 2014
1615
Reservations Applicable in the Slovak Republic

Sector: All sectors
National Treatment

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.). (Article 19a of the Act 202/1995)

Existing Measures: Act 202/1995, the Foreign Exchange Act, art. 19
Act 229/1991 on Laws on Adjustment of ownership relations to
Land.

*

support personnel
National Treatment

The Slovak Republic reserves the right to adopt or maintain any
measure with regard to the establishment of placement services of
office support personnel (CPC 87202).

measure with regard to the provision of executive search services
(CPC 87201) and supply services of office support personnel (CPC
87203).

Existing Measures:

*

EU Annex II

4 August 2014
1616
National Treatment

measure with regard to the provision of security services.

exist.

Existing Measures:

*

Sub-sector:
Industry classification: CPC 921, 922, 923 except 92310, 924
National Treatment

EEA residency requirement for providers of all privately funded
education services other than post-secondary technical and
vocational education services (CPC 92310).

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 Slovak nationals.

Existing Measures: Act 245/2008 on education
Act 131/2002 on Universities, art. 2, 47 and 49a
Act 596/2003 on State Administration in Education, art. 16

*

National Treatment
EU Annex II

4 August 2014
1617

measure with respect to the provision of privately funded hospital,
ambulance, and residential health services other than hospital
services.

Existing Measures:

*

Sub-sector:
National Treatment

The Slovak Republic reserves the right to adopt and maintain any
services.

Existing Measures:

*


Foreign nationals may establish an insurance company in the form
of a joint stock company or may conduct insurance business
through their branches having a registered office in the Slovak
Republic. The authorisation in both cases is subject to the
evaluation of supervisory authority.

Existing Measures: Act 8/2008 on Insurance

*

EU Annex II

4 August 2014
1618

National Treatment
Measures: Act 566/2001 on Securities
Act 483/2001 on Banks

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 3.1: 4010, 4020, 4030, CPC 7131
Market Access

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 EU/EEA or juridical
person established in the EU/EEA.

Existing Measures: Act 51/1988 on Mining, art. 4a
Act 569/2007 on Geological Activity, art. 5
Act 251/2012 on Energy, art. 6, 7
Act 657/2004 on Thermal Energy, art. 5

*

Sector: Transportation, Fishing and Aquaculture
Sub-Sector: Water Transportation, Service Incidental to Fishing
EU Annex II

4 August 2014
1619
CPC 722 Transport services (passengers and freight) by non-

seagoing vessels
Market Access

Description: Cross-border 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

For freight transportation, an economic needs test is applied. Main
criteria: local demand.

Existing Measures:

*

Sub-sector:


Existing Measures:

*

Sub-sector:
EU Annex II

4 August 2014
1620


which reserve or limit the provision of transport services and
specify operating conditions, including transit permits and/or
preferential road taxes of a transport services into, in, across and
out of Slovakia to the contracting parties concerned.

Existing Measures:
***
EU Annex II

4 August 2014
1621
Reservations Applicable in Slovenia

support personnel
National Treatment

Slovenia reserves the right to adopt or maintain any measure with


Existing Measures:

*

National Treatment


exist.

Existing Measures:

*

Sub-sector: Primary, secondary, and higher education services
EU Annex II

4 August 2014
1622

National Treatment

Slovenia reserves the right to require establishment and to restrict
the provision of cross-border services for the 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:

*

Sub-sector: Ambulance services
National Treatment

respect to the provision of privately funded ambulance services.

Existing Measures:

*

Sub-sector:
National Treatment

Slovenia reserves the right to adopt and maintain any measure with

***
EU Annex II

4 August 2014
1623
Reservations Applicable in Spain

Sub-sector: Executive search, placement services

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:

*

National Treatment


Access through Sociedades Anonimas, Sociedades de
Responsabilidad Limitada, Sociedades Anonimas Laborales and
Sociedades Cooperativas only.

Nationality condition for specialised personnel.

Existing Measures:
*

National Treatment

EU Annex II

4 August 2014
1624
Residence requirement or alternatively two years of experience for

the actuarial profession.

*

Sub-sector:
National Treatment

Spain reserves the right to adopt and maintain any measure with
People's Homes.

Existing Measures:

*

Sector: Transport

For passenger transportation, an economic needs test applies to
services provided under CPC 7122. Main criteria: local demand.

An economic needs test for intercity bussing services. Main
criteria: number of and impact on existing establishments,

Existing Measures:

*

Sector: Road Transport (Freight)
Sub-sector:
EU Annex II

4 August 2014
1625

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 Spanish service
suppliers.

Existing Measures: Ley 16/1987, de 30 de julio, de Ordenacin de los Transportes
Terrestres

***

EU Annex II

4 August 2014
1626
Reservations Applicable in Sweden

Sector: All sectors
Sub-sector:

Sweden reserves the right to adopt or maintain discriminatory
requirements for founders, senior management and board of
directors when new forms of legal association are incorporated into
Swedish law.

Existing measures:

*

Sector: All sectors
Sub-sector:

91

respectively.

Existing Measures:

*

91
companies.
EU Annex II

4 August 2014
1627
Sector: Mining and quarrying, Manufacturing of

Electricity, gas and water supply
Processing of nuclear fuel
Industry classification: ISIC rev.3.1.: 1200, 2330, part of 4010
National Treatment

Sweden reserves the right to adopt and 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 pharmaceuticals and retail sales of medical and
orthopaedical goods and other services supplied by pharmacists
National Treatment

The Swedish monopoly on retail sales of pharmaceuticals was
abandoned on July 1
st
2009. Given that the opening of the market
is recent and involves new modes of services delivery, Sweden
reserves the right to adopt and 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

Phase-out: This reservation will be revisited within five years of the entry into
force of this Agreement

*
EU Annex II

4 August 2014
1628

Sub-sector:
National Treatment

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

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 Frordning (1994:1205) om producentansvar fr
returpapper
gldlampor och vissa belysningsarmaturer
elektriska och elektroniska produkter
frpackningar
EU Annex II

4 August 2014
1629

dck
glasfrpackningar och frpackningar av wellpapp
bilar
vissa radioaktiva produkter och herrelsa strlkllor
frpackningar
lkemedel

*

Sector: Waste management
Sub-sector: Management of waste from households and waste related to
producer responsibilities

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)
returpapper
gldlampor och vissa belysningsarmaturer
elektriska och elektroniska produkter
frpackningar
dck
glasfrpackningar och frpackningar av wellpapp
bilar
EU Annex II

4 August 2014
1630
vissa radioaktiva produkter och herrelsa strlkllor

frpackningar
lkemedel

*

Sector: Maritime Transport
Sub-sector: Cabotage

Measures may be taken on a reciprocal basis allowing Canadian
vessels under the Canadian flag to operate cabotage traffic in
Sweden insofar as Canada and its provinces and territories allow
vessels registered under the Swedish flag to operate cabotage
traffic in Canada. The specific aim of this reservation depends on
the content of 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 and part of CPC 8868

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
EU Annex II

4 August 2014
1631
National Treatment

respect to funeral, cremation and undertaking services

Existing measures:

***

EU Annex II

4 August 2014
1632
Reservations Applicable in the United Kingdom

National Treatment

United Kingdom reserves the right to adopt or maintain any
measure with respect to the cross-border provision of auditing
services.

Existing Measures: Companies Act 2006

*

Sub-sector: Medical services

Establishment for doctors under the National Health Service is
subject to medical manpower planning.

Existing Measures:

*

Sub-sector: Ambulance Services, Residential health facilities services other
than hospital services
Industry classification: 93192, 93193
National Treatment

EU Annex II

4 August 2014
1633
United Kingdom reserves the right to adopt or maintain any

measure with respect to the provision of privately funded
ambulance services and residential health facilities services other
than hospital services.

Existing Measures:

*

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 pharmaceuticals and of medical and
orthopaedical goods, and other services supplied by pharmacists
Industry classification: CPC 9312, part of CPC 93191, Part of CPC 85201, CPC 63211
Market Access

The United Kingdom reserves the right to adopt or maintain any
measure requiring the establishment of suppliers and restricting the
cross-border provision 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 orthopaedical goods, and other
services supplied by pharmacists.

Existing Measures:

*

Sub-sector:
National Treatment

United Kingdom reserves the right to adopt and maintain any
EU Annex II

4 August 2014
1634
services other than services relating to Convalescent and Rest

Houses and Old People's Homes.

Existing Measures:

***

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Published on 26 September 2014

Draft Table of Contents for a Consolidated CETA Text

Annex VIII: Principles and Guidelines for Conducting an Audit or

Initial Provisions and General Definitions

2. INITIAL PROVISIONS AND GENERAL DEFINITIONS

GATS means the WTO General Agreement on Trade in Services;

tariff elimination schedule means Annex X.1;

Section B Initial Provisions

Annex X.05 Amendments to Wines and Spirits Agreements

3. NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

2. Paragraph 1 does not apply to a Partys regime of tariff reduction, suspension

Facilitation), and the Party requesting cooperation has reasonable

Year Applied Duty

tenth of a percentage point or, if the rate of duty is expressed in monetary

9. Frozen cod transitional tariff rate quota

12. Bison Tariff Rate Quota

13. Fresh/Chilled Beef and Veal Tariff Rate Quota

16. Pork Tariff Rate Quota

17. Cheese Tariff Rate Quota

19. WTO Cheese Tariff Rate Quota

20. Underfill mechanism

22. Conversion Factors

NOTE See Tariff Schedules attached separately.

4. RULES OF ORIGIN and ORIGIN PROCEDURES PROTOCOL

4. Where an exporter has completed an origin declaration for a product referred to in

(i) at least 50% owned by nationals of a Member State of the

(b) any of the percentages given in Annex 1 (Product-Specific Rules of Origin)

(i) sharpening, simple grinding or simple cutting;

4. For the purposes of paragraph 1, fungible materials or fungible products means

reasonable doubt or when it is unable to determine whether a product is originating, deny

2. Further to Articles X.03 (Transparency Chapter - Administrative Proceedings) and

(c) to conform with an amendment of Chapter X (National Treatment and

powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or

6. TECHNICAL BARRIERS TO TRADE (TBT)

Article 4: Technical Regulations

Cooperation in the Field of Motor Vehicle Regulations

approval of vehicles with regard to

the identification of controls, tell-

Trade and Environment

Understanding on article 1, paragraph 2 (e) of Chapter XX on Cross-border Trade in

A change from any other heading, provided that:

Published on 26 September 2014

Published on 26 September 2014

ex0306.12 Cookedandfrozenlobster 2,000

Published on 26 September 2014

Published on 26 September 2014

CANADIAN GOVERNMENT PROCUREMENT MARKET ACCESS OFFER

Postal activities as per act of 24 December 1993

EU Member State, such as conditions on the routes to be served, the capacity to

GP market access EU offer Published on 26 September 2014

Note: Agricultural products as defined in the WTO Agreement on Agriculture.

Sector: Professional Services

Sector: Real Estate

Service suppliers are authorized through a brokerage which must

Sector: Related Scientific and Technical Consulting Services

Sector: Alcoholic Beverages

Pursuant to the above measures, citizenship or permanent

Sector: All Sectors

Sector: All Sectors

Sector: All Sectors