ANNEX SERVIN-4: CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS
1. Each Party shall allow the supply of services in its territory by contractual service suppliers or independent professionals of the other Party through the presence of natural persons, in accordance with Article SERVIN.4.4 [Contractual Service Suppliers and Independent Professionals], for the sectors listed in this Annex and subject to the relevant limitations.
2. The list below is composed of the following elements:
(a) the first column indicating the sector or sub-sector for which the category of contractual service suppliers and independent professionals is liberalised; and
(b) the second column describing the applicable limitations.
3. In addition to the list of reservations in this Annex, each Party may adopt or maintain a measure relating to qualification requirements, qualification procedures, technical standards, licensing requirements or licensing procedures that does not constitute a limitation within the meaning of Article SERVIN.4.4 [Contractual Service Suppliers and Independent Professionals]. These measures, which include requirements to obtain a licence, obtain recognition of qualifications in regulated sectors or to pass specific examinations, such as language examinations, even if not listed in this Annex, apply in any case to contractual service suppliers or independent professionals of the Parties.
4. The Parties do not undertake any commitment for contractual service suppliers and independent professionals in economic activities which are not listed.
5. In identifying individual sectors and sub-sectors: CPC means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC prov., 1991.
6. In the sectors where economic needs tests are applied, their main criteria will be the assessment of:
(a) for the United Kingdom, the relevant market situation in the United Kingdom; and
(b) for the Union, the relevant market situation in the Member State 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, services suppliers who are already supplying a service when the assessment is made.
7. The schedules in paragraphs 10 to 13 apply only to the territories of the United Kingdom and the European Union in accordance with Article FINPROV.1 [Territorial Scope] and Article OTH.9.2 [Geographical Scope] and are only relevant in the context of trade relations between the European Union and its Member States with the United Kingdom. They do not affect the rights and obligations of the Member States under Union law.
8. For greater certainty, for the European Union, the obligation to grant national treatment does not entail the requirement to extend to natural or legal persons of the United Kingdom the treatment granted in a Member State, in application of the Treaty on the Functioning of the European Union, or of any measure adopted pursuant to that Treaty, including their implementation in the Member States, to:
(i) natural persons or residents of another Member State; or
(ii) legal persons constituted or organised under the law of another Member State or of the European Union and having their registered office, central administration or principal place of business in the European Union.
9. The following abbreviations are used in the lists below:
AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czech Republic
DE Germany
DK Denmark
EE Estonia
EL Greece
ES Spain
EU European Union, including all its Member States
FI Finland
FR France
HR Croatia
HU Hungary
IE Ireland
IT Italy
LT Lithuania
LU Luxembourg
LV Latvia
MT Malta
NL The Netherlands
PL Poland
PT Portugal
RO Romania
SE Sweden
SI Slovenia
SK Slovak Republic
CSS Contractual Service Suppliers IP Independent Professionals
Contractual Service Suppliers
10. Subject to the list of reservations in paragraphs 12 and 13, the Parties takes commitments in accordance with Article SERVIN.4.4 [Contractual Service Suppliers and Independent Professionals] with respect to the mode 4 category of Contractual Service Suppliers in the following sectors or sub- sectors:
(a) Legal advisory services in respect of public international law and home jurisdiction law;
(b) Accounting and bookkeeping services;
(c) Taxation advisory services;
(d) Architectural services and urban planning and landscape architectural services;
(e) Engineering services and integrated engineering services;
(f) Medical and dental services;
(g) Veterinary services;
(h) Midwives services;
(i) Services provided by nurses, physiotherapists and paramedical personnel;
(j) Computer and related services;
(k) Research and development services;
(l) Advertising services;
(m) Market research and opinion polling;
(n) Management consulting services;
(o) Services related to management consulting;
(p) Technical testing and analysis services;
(q) Related scientific and technical consulting services;
(r) Mining;
(s) Maintenance and repair of vessels;
(t) Maintenance and repair of rail transport equipment;
(u) Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment;
(v) Maintenance and repair of aircrafts and parts thereof;
(w) Maintenance and repair of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods;
(x) Translation and interpretation services;
(y) Telecommunication services;
(z) Postal and courier services;
(aa) Construction and related engineering services;
(bb) Site investigation work;
(cc) Higher education services;
(dd) Services relating to agriculture, hunting and forestry;
(ee) Environmental services;
(ff) Insurance and insurance related services advisory and consulting services;
(gg) Other financial services advisory and consulting services;
(hh) Transport advisory and consulting services;(ii) Travel agencies and tour operators’ services; (jj) Tourist guides services;
(kk) Manufacturing advisory and consulting services.
Independent Professionals
11. Subject to the list of reservations in paragraphs 12 and 13, the Parties takes commitments in accordance with Article SERVIN.4.4 [Contractual Service Suppliers and Independent Professionals] with respect to the mode 4 category of Independent Professionals in the following sectors or sub- sectors:
(a) Legal advisory services in respect of public international law and home jurisdiction law;
(b) Architectural services and urban planning and landscape architectural services;
(c) Engineering services and integrated engineering services;
(d) Computer and related services;
(e) Research and development services;
(f) Market research and opinion polling;
(g) Management consulting services;
(h) Services related to management consulting;
(i) Mining;
(j) Translation and interpretation services;
(k) Telecommunication services;
(l) Postal and courier services;
(m) Higher education services;
(n) Insurance related services advisory and consulting services;
(o) Other financial services advisory and consulting services;
(p) Transport advisory and consulting services;
(q) Manufacturing advisory and consulting services.
Reservations
12. The European Union’s reservations are:
Extended DEFRA presentation 10 November