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Text of the Comprehensive Economic and Trade Agreement – Annex 10

Annex 10-A – List of contact points of the member states of the european union

For the purposes of this Annex, the abbreviations are as defined in paragraph 8 of Annex 10-E.

Annex 10-B – Reservations and exceptions applying in specific member states of the european union for key personnel and short term business visitors

1. Articles 10.7 and 10.9 do not apply to any existing non-conforming measure listed in this Annex, to the extent of the non-conformity.

2. A measure listed in this Annex may be maintained, continued, promptly renewed, or amended, provided that the amendment does not decrease the conformity of the measure with Articles 10.7 or 10.9, as it existed immediately before the amendment.^{Footnote 1}

3. Business visitors for investment purposes

4. Investors

5. Intra-corporate transferees (specialists and senior personnel)

6. Intra-corporate transferees (graduate trainees)

7. Short-term business visitors

Annex 10-C – Equivalent qualifications for engineering technologists and scientific technologists

For the purpose of this Agreement:

1. for engineering technologists (CPC 8672, and 8673): completion of a three year post-secondary degree from an officially recognised institution in engineering technology is considered equivalent to a university degree; and
2. for scientific technologists (CPC 881, 8671, 8674, 8676, 851, 852, 853, 8675, and 883): completion of a three year post-secondary degree from an officially recognised institution in the disciplines of agriculture, architecture, biology, chemistry, physics, forestry, geology, geophysics, mining and energy is considered equivalent to a university degree.

Annex 10-D – Activities of short term business visitors

1. meetings and consultations: natural persons attending meetings or conferences, or engaged in consultations with business associates;
2. research and design: technical, scientific and statistical researchers conducting independent research or research for an enterprise located in the territory of the other Party;
3. marketing research: market researchers and analysts conducting research or analysis for an enterprise located in the territory of the other Party;
4. training seminars: personnel of an enterprise who enter the territory of the other Party to receive training in techniques and work practices who are employed by companies or organisations in that Party, provided that the training received is confined to observation, familiarisation and classroom instruction only;
5. trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting their company or its products or services;
6. sales: representatives of a supplier of services or goods taking orders or negotiating the sale of services or goods or entering into agreements to sell services or goods for that supplier, but not delivering goods or supplying services themselves. Short-term business visitors do not engage in making direct sales to the general public;
7. 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;
8. after-sales or after-lease service: installers, repair and maintenance personnel, and supervisors, possessing specialised knowledge essential to a seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale or lease of commercial or industrial equipment or machinery, including computer software, purchased or leased from an enterprise located outside the territory of the Party into which temporary entry is sought, throughout the duration of the warranty or service contract;
9. commercial transactions: management and supervisory personnel and financial services personnel (including insurers, bankers and investment brokers) engaging in a commercial transaction for an enterprise located in the territory of the other Party;
10. tourism personnel: tour and travel agents, tour guides or tour operators attending or participating in conventions or accompanying a tour that has begun in the territory of the other Party; and
11. translation and interpretation: translators or interpreters performing services as employees of an enterprise located in the territory of the other Party.

Annex 10-E – Sectoral commitments on contractual service suppliers and independent professionals

1. Each Party shall allow the supply of services in its territory by contractual services suppliers or independent professionals of the other Party through the presence of natural persons, in accordance with Article 10.8, for the sectors listed in this Annex, and subject to the relevant limitations.

2. The list of reservations is composed of the following elements:

1. the first column indicates the sector or sub-sector in which the reservation applies; and
2. the second column describes the applicable limitations.

3. For Canada, sectoral commitments apply to occupations listed under level "0" and "A" of Canada's National Occupational Classification ("NOC").

4. In addition to the list of reservations in this Annex, each Party may adopt or maintain a measure relating to qualification requirements, qualification procedures, technical standards, licensing requirements or licensing procedures that does not constitute a limitation within the meaning of Article 10.8. These measures, which include requirements to obtain a licence, obtain recognition of qualifications in regulated sectors or to pass specific examinations, such as language examinations, even if not listed in this Annex, apply in any case to contractual services suppliers or independent professionals of the Parties.

5. For the European Union, in the sectors where an economic needs test is applied, the main criteria is the assessment of the relevant market situation in the Member State of the European Union or the region where the service is provided, including with respect to the number of, and the impact on, existing services suppliers.

6. The European Union takes commitments with respect to Article 10.8 differentiated by its Member States, as set out in the list of reservations included in this Annex.

7. The rights and obligations that arise from this Annex have no self-executing effect and confer no rights directly on natural or juridical persons.

8. The following abbreviations are used in the list of reservations included in this Annex:

9. Article 10.8.1 applies to the following sectors or sub-sectors:

1. Legal advisory services in respect of public international law and foreign law^{Footnote 2}
2. Accounting and bookkeeping services
3. Taxation advisory services
4. Architectural services and urban planning and landscape architectural services
5. Engineering services and integrated engineering services
6. Medical and dental services
7. Veterinary services
8. Midwives services
9. Services provided by nurses, physiotherapists and paramedical personnel
10. Computer and related services
11. Research and development services
12. Advertising services
13. Market research and opinion polling
14. Management consulting services
15. Services related to management consulting
16. Technical testing and analysis services
17. Related scientific and technical consulting services
18. Mining
19. Maintenance and repair of vessels
20. Maintenance and repair of rail transport equipment
21. Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment
22. Maintenance and repair of aircrafts and parts thereof
23. Maintenance and repair of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and household goods
24. Translation and interpretation services
25. Telecommunication services
26. Postal and courier services
27. Construction and related engineering services
28. Site investigation work
29. Higher education services
30. Services relating to agriculture, hunting and forestry
31. Environmental services
32. Insurance and insurance related services advisory and consulting services
33. Other financial services advisory and consulting services
34. Transport advisory and consulting services
35. Travel agencies and tour operators' services
36. Tourist guides services
37. Manufacturing advisory and consulting services

10. Article 10.8.2 applies to the following sectors or sub-sectors:

1. Legal advisory services in respect of public international law and foreign law^{Footnote 3}
2. Architectural services and urban planning and landscape architectural 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

11. List of reservations

Annex 10-F – Understanding on spouses of intra corporate transferees

1. For the Member States of the European Union that are subject to the application of the existing Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer ("ICT Directive"), the European Union shall extend to spouses of Canadian citizens who are intra-corporate transferees to the European Union, the right of temporary entry and stay equivalent to that granted to spouses of intra-corporate transferees under the ICT Directive; and

2. Canada shall extend to spouses of citizens of the European Union who are intra-corporate transferees to Canada treatment that is equivalent to the treatment granted to spouses of Canadian citizens who are intra-corporate transferees in the Member State of origin of the European Union intra-corporate transferee.