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Introductory Notes
1. “Description” provides a general non-binding description of the measure for which the entry is made.
2. “Obligations Concerned” specifies the obligations referred to in paragraph 1 of Article 8.7 (Non-Conforming Measures – Cross-Border Trade in Services) and paragraph 1 of Article 13.13 (Non-Conforming Measures – Investment) that do not apply to the listed measures.
3. For the avoidance of doubt, and recalling i) subparagraph 6(c) of Article 13.13 (Non-Conforming Measures – Investment) and subparagraph 3(b) of Article 8.2 (Scope – Cross-Border Trade in Services) relating to the exclusion of government procurement; and ii) subparagraph 6(b) of Article 13.13 (Non-Conforming Measures – Investment) and subparagraph 3(d) of Article 8.2 (Scope – Cross-Border Trade in Services) relating to the exclusion of subsidies or grants provided by a Party:
In relation to Research and Development (R&D) services, Chapter 13 (Investment) and Chapter 8 (Cross-Border Trade in Services) shall not interfere with the ability of the UK to grant exclusive rights or authorisations, for publicly funded R&D services, to nationals of the UK or enterprises of the UK having their registered office, central administration, or principal place of business in the UK.
4. In the interpretation of an entry, all elements of the entry shall be considered. An entry shall be interpreted in the light of the relevant obligations of the Chapters against which the entry is taken. The “Measures” element shall prevail over all other elements.
5. For greater certainty, the fact that a Party has made an entry does not necessarily mean that, in the absence of such an entry, the measure would be inconsistent with the obligations under Chapter 13 (Investment) and Chapter 8 (Cross-Border Trade in Services).
Entry No. I-1 – Takeovers and Mergers
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Sector – Sub-Sector |
All Sectors |
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Obligations Concerned |
Performance Requirements |
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Level of Government |
Central and Regional |
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Description |
Investment The United Kingdom may enforce a commitment or undertaking in relation to a takeover or merger where the commitment or undertaking is not imposed or required as a condition of approval of the takeover or merger, and which is: (a) given in accordance with the provisions governing post-offer undertakings in the City Code on Takeovers and Mergers; or (b) given pursuant to Deeds of Undertaking accepted or enforced under the prerogative powers of the Crown. |
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Measures |
The City Code on Takeovers and Mergers. Companies Act 2006. Law of Property (Miscellaneous Provisions) Act 1989 as regards enforcement of Deeds of Undertaking in relation to takeovers or mergers. |
Entry No. I-2 – Professional services (legal services)
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Sector - Sub-Sector |
Professional services – legal services |
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Industry Classification |
Part of CPC 861 |
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Obligations Concerned |
Market Access |
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Level of Government |
Central and Regional |
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Description |
Investment and Cross-Border Trade in Services Residency (commercial presence) may be required by the relevant professional or regulatory body for the provision of some UK domestic legal services. Non-discriminatory legal form requirements apply. Residency may be required by the relevant professional or regulatory body for the provision of certain UK domestic legal services in relation to immigration. |
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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. For all jurisdictions, the Immigration and Asylum Act 1999. In addition, the measures applicable in each jurisdiction include any requirements set by professional and regulatory bodies. |
Entry No. I-3 – Professional services (intellectual property agents)
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Sector – Sub-Sector |
Professional services – intellectual property agents |
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Obligations concerned |
Local Presence |
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Level of Government |
Central |
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Description |
Cross-Border Trade in Services Local presence is required for the provision of intellectual property agency services. |
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Measures |
Copyright, Designs and Patents Act 1988. |
Entry No. I-4 – Professional services (veterinary services)
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Sector – Sub-Sector |
Professional services – veterinary services |
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Industry Classification |
CPC 932 |
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Obligations Concerned |
Market Access |
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Level of Government |
Central |
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Description |
Cross-Border Trade in Services Only members of the Royal College of Veterinary Surgeons (RCVS) may provide veterinary services in the UK. RCVS guidelines may require physical presence for the provision of veterinary services. |
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Measures |
Veterinary Surgeons Act 1966. |
Entry No. I-5 – Business services
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Sector – Sub-Sector |
Business services – rental or leasing services without operators and other business services |
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Industry Classification |
Part of CPC 831 |
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Obligations Concerned |
Market Access |
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Level of Government |
Central |
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Description |
Investment and Cross-Border Trade in Services For rental or leasing of aircraft without crew (dry lease) aircraft used by an air carrier of the UK are subject to applicable aircraft registration requirements. A dry lease agreement to which a UK carrier is a party shall be subject to requirements in the national law on aviation safety, such as prior approval and other conditions applicable to the use of third countries’ registered aircraft. To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by enterprises meeting specific criteria regarding ownership of capital and control (CPC 83104). With respect to computer reservation system (CRS) services, where the UK air carriers are not accorded, by CRS services suppliers operating outside the UK, equivalent (meaning non-discriminatory) treatment to that provided in the UK, or where UK CRS services suppliers are not accorded, by non-UK air carriers, equivalent treatment to that provided in the UK, measures may be taken to accord equivalent discriminatory treatment, respectively, to the non-UK air carriers by the CRS services suppliers operating in the UK, or to the non-UK CRS services suppliers by UK air carriers. |
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Measures |
Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) as retained in UK law by the European Union (Withdrawal) Act 2018 and as amended by The Operation of Air Services (Amendment etc.) (EU Exit) Regulations (S.I. 2018/1392). Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89 as retained in UK law by the European Union (Withdrawal) Act 2018 and as amended by The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080). |
Entry No. I-6 – Communication services
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Sector – Sub-Sector |
Communication services – postal and courier services |
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Industry Classification |
Part of CPC 71235, part of 73210, part of 751 |
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Obligations Concerned |
Market Access |
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Level of Government |
Central |
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Description |
Investment and Cross-Border Trade in Services 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. For greater certainty, postal operators may be subject to particular universal service obligations or a financial contribution to a compensation fund. |
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Measures |
Postal Services Act 2011. Postal Services Act 2000. |
Entry No. I-7 – Transport services and services auxiliary to transport services
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Sector – Sub-Sector |
Transport services – auxiliary services for water transport, auxiliary services to rail transport, road transport and services auxiliary to road transport, services auxiliary to air transport services |
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Obligations Concerned |
Market Access |
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Level of Government |
Central and Regional |
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Description (a) Measures (a) Description (b) Measures (b) Description (c) Measures (c) Description (d) Measures (d) |
(a) Services auxiliary to air transport services With respect to Investment – Market Access and Cross-Border Trade in Services – Market Access: The level of openness of groundhandling services depends on the size of airport. The number of suppliers in each airport may be limited. For big airports, this limit may not be less than two suppliers. The Airports (Groundhandling) Regulations 1997 (S.I. 1997/2389). (b) Supporting services for all modes of transport With respect to Cross-Border Trade in Services – Local Presence: Customs services, including customs clearance services and services relating to use of temporary storage facilities or customs warehouses, may only be provided by persons established in the UK. For the avoidance of doubt, this includes UK residents, persons with a permanent place of business in the UK or a registered office in the UK. Taxation (Cross-Border Trade) Act 2018. Customs and Excise Management Act 1979. (c) Auxiliary services for water transport With respect to Investment – Market Access, and Cross-Border Trade in Services – Market Access: For port services, the managing body of a port, or the competent authority, may limit the number of providers of port services for a given port service. Regulation (EU) 2017/352 of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports, Article 6 as retained in UK law bythe European Union (Withdrawal) Act 2018 and as amended bythe Pilotage and Port Services (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/671). Port Services Regulations 2019. (d) Road transport and Services auxiliary to road transport With respect to Investment – Senior Management and Boards of Directors Transport Managers within the Road Haulage sector may be required to be resident in the UK. Goods Vehicles (Licensing of Operators) Act 1995. 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 as retained in UK law bythe European Union (Withdrawal) Act 2018 and as amended bythe Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708). |
Entry No. I-8 – Energy related activities
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Sector – Sub-Sector |
Energy related activities – mining and quarrying |
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Industry Classification |
ISIC Rev 3.1 11 |
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Obligations Concerned |
Market Access |
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Level of Government |
Central and Regional |
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Description |
Investment A licence is necessary to undertake exploration and production activities, both onshore and offshore. But mining and quarrying services may be provided to that licence holder without restriction. This entry applies to production licences issued with respect to both onshore and offshore activities. To be a Licensee, a company must have a place of business within the UK. That means either: (a) a staffed presence in the UK; (b) registration of a UK company at Companies House; or (c) registration of a UK branch of a foreign company at Companies House. To be a party to a licence that covers a producing field, a company must either (a) be registered at Companies House as a UK company; or (b) carry on its business through a fixed place of business in the UK as defined in section 148 of the Finance Act 2003 (which normally requires a staffed presence). This entry does not cover the provision of mining and quarrying services to the licence holder. Such services may be provided without restriction, provided that the holder of the production licence meets the criteria above. |
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Measures |
Petroleum Act 1998. |