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Agreement on Trade in Services - Clauses

Reserved Restrictive Measures under Commercial Presence (extracted from Table 1 of Annex 1 of the Agreement on Trade in Services)

Sector 1. Business Services
Sub-sector
  1. Other Business Services
  1. Technical testing and analysis services (CPC8676)
Obligations concerned National Treatment
Reserved Restrictive Measures

Commercial Presence

Not to provide inspection services for Mainland-registered vessels.
Sector 11. Transport Services
Sub-sector
  1. Services auxiliary to all modes of transport
  1. Other (CPC749)
Obligations concerned National Treatment
Reserved Restrictive Measures

Commercial Presence

Provision of tally services to foreign vessels is restricted to equity joint venture or contractual joint venture.

For clarity and avoidance of doubt, Hong Kong service suppliers having registered in Hong Kong and independently engaging in the inspection and surveying business for over 3 years can be treated as the qualification of making the application to set up Import and Export Commodities Inspection and Surveying Organisations in the Mainland.

Liberalisation of Trade in Services (extracted from Table 2 of Annex 1 of the Agreement on Trade in Services)

Sectors or sub-sectors 1. Business Services
  1. Other Business Services
  1. Technical testing and analysis services (CPC8676) and Product testing services (CPC749)
Specific commitments
  1. To allow testing organisations in Hong Kong to cooperate with designated Mainland organisations to undertake testing of products for the China Compulsory Certification (CCC) System on all existing products processed in Hong Kong (i.e. the processing facilities are located in Hong Kong) that require CCC. These testing organisations have to be accredited by the accreditation body of the Government of Hong Kong Special Administrative Region (i.e. the Hong Kong Accreditation Service (HKAS)) to be capable of performing testing of the relevant products under the CCC System. Cooperation arrangements should comply with relevant requirements in the Regulations on Certification and Accreditation of the People's Republic of China.
  2. To allow testing organisations in Hong Kong to cooperate with designated Mainland organisations to undertake testing of products for the China Compulsory Certification (CCC) System. The on all products are under the "audio and visual apparatus" category of the CCC System, and have to be designed and prototyped in Hong Kong, as well as processed or manufactured in the Mainland that require CCC Guangdong Province. These testing organisations have to be accredited by the accreditation body of the Government of the Hong Kong Special Administrative Region (i.e. the Hong Kong Accreditation Service) to be competent in performing testing of the relevant products under the CCC System. [note: implemented on 1 March 2019.] (*) (See Implementation Guide for details.)
  3. In the area of voluntary certification, to allow testing organisations in Hong Kong to cooperate with Mainland certification bodies to undertake testing of products manufactured or processed in Hong Kong or on the Mainland. These testing organisations have to be accredited by the accreditation body of the Government of the Hong Kong Special Administrative Region (i.e. the Hong Kong Accreditation Service) to be competent in performing testing of the relevant products.
  4. To implement, on a pilot basis, a mutual recognition arrangement of certification and relevant testing business among Guangdong, Hong Kong and Macao in the China (Guangdong) Pilot Free Trade Zone, with a view to carry out "certified once, tested once, and results accepted by three places". (See Implementation Guide for details.)
  5. On the basis of mutual trust and mutual benefit, to allow testing and certification organisations in Hong Kong to cooperate with the Mainland testing and certification organisations in respect of acceptance of testing data (results). Specific cooperation arrangements are subject to further discussion.
  6. To allow contractual service providers employed by Hong Kong service suppliers, in the mode of movement of natural persons, to provide services under this sector or sub-sector on the Mainland.

(*) Details of amendments are marked in tracking mode.

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