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ＥＵのサービス自由化交渉でのリクエスト文書＜後編＞です。
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FINANCIAL SERVICES
EC request to JAPAN
A. Insurance
- Modes 1 and 2: MA - Concerning compulsory automobile liability insurance,
application of the pooling agreement and reinsurance scheme with the central
government prohibits companies from arranging own reinsurance.
EC Request: Remove
this restriction.
- Modes 1 and 2: MA and NT - Concerning household earthquake insurance,
existence of an exclusivity given to the Earthquake Reinsurance Company
and reinsurance scheme with the central government, which prohibits companies
from arranging own reinsurance. EC Request: Eliminate this exclusivity.
- Modes 1, 2 and 3: MA and NT - Insurance intermediaries are not allowed
to offer insurance contracts to insurers not licensed in Japan.
EC Request: Remove this
restriction.
- Mode 3: MA - Extend “use and file” system to all commercial and personal
lines. EC Request: Bind.
B. Banking and other
financial services
- Mode 3: MA - Branches of foreign banks are not allowed to combine banking
and securities services, as is appropriate for universal banks.
EC Request: Allow universal banking.
- Mode 3: MA - Firewall requirements between commercial banks and securities
companies. EC Request: Eliminate those requirements.
- Mode 3: NT - Outsourcing of back-office services to separate service
companies is limited. The Financial Supervisory Agency’s definition of
“core banking functions” that cannot be outsourced is wider than
under the definition used in the EC and the US. EC Request: Remove this
limitation.
- Mode 3: MA - Restrictions for foreign bank branches on the global offering
of certain Yen products, as well as on integrated risk management through
the creation of so-called “integrated group companies”. EC Request: Remove
those restrictions.
- Mode 3: MA - Access to management of youcho and kempo funds by Investment
Advisory Companies restricted. EC Request: Remove this restriction.
NEWS AGENCY SERVICES
EC request to
Japan
Japan has undertaken commitments in this sector (CPC 962).
EC
Request ( CPC 962):
National treatment :
Mode 3 : NT ? Japan has indicated ≪ none ≫ except as indicated
in the horizontal commitments ≫. EC Request : schedule ≪
none ≫.
TRANSPORT SERVICES
EC request to
JAPAN
A. Maritime transport
Japan has specific commitments on maritime transport. Restrictions relate
in particular to international maritime transport (unbound in all modes),
auxiliary services such as cargo-handling, customs clearance and container
stations are not committed.
EC Request: Take commitments in accordance with the attached model schedule
(Annex 1). In particular for the following areas:
1)
International transport (freight and passengers) CPC 7211 and 7212
2)
Additional commitments for access to and use of ports facilities
3) Maritime auxiliary services (maritime cargo handling, storage and warehouse
services, customs clearance services, container station and depot services,
maritime agency services)
4) Multimodal activities: for inland forwarding of cargoes - commit
the ability to rent or lease - or to have access to and use of multimodal
facilities (as specified in the note to the schedule).
5) Definitions ? commit definitions as specified in the model schedule.
The EC also request the following additional maritime commitments from
Japan:
6) Equipment. To facilitate planning of their businesses operators
should be allowed to reposition their own equipment, such as empty containers,
between ports of Japan, when it is not carried against payment. This is
requested to be committed in a new footnote: “9. Movement of own equipment.
International maritime transport suppliers can move/reposition their own
equipment (i.e. empty containers, flatbeds etc.) on their own vessels between
ports of Japan.”
7) International cargo. Notwithstanding the general exclusion of
“cabotage” in the definitions of the model schedule (see Annex 1) an
international maritime transport supplier should be allowed to operate
feeder services for its own international cargo between ports of Japan.
This is requested to be committed in a new footnote: “10. Notwithstanding
the exclusion of “cabotage” in definition 1 above international maritime
transport suppliers can operate vessels for the purposes of pre- and onward
carriage of the international cargo between ports of Japan“
In this context Japan may wish to take the one or more of the following
principles into concern:
- Size of the port. Only valid for international cargo relayed between
national ports handling more than [25.000 TEU] on an annual basis.
- Binding existing ad hoc practices. To the extent exceptions are already
granted for use of foreign flagged vessels such practices could be bound
to explicitly cover pre- and onward carriage of international cargo. -
Geographical limitations. Transport of international cargo between ports
within the same prefecture [or other relevant regional entity] remains
excluded.
A final request related to
maritime transport is:
8) Rental and leasing of vessels with crew (CPC
7213, 7223).
EC Request:
- Modes 1, 2 and 3: Take full commitments, i.e. schedule “none”, under
MA and NT
- Mode 4: Commit as in horizontal
commitments.
B. Internal waterways:
Japan has no commitments for this
activity.
c) Rental and leasing of vessels with crew (CPC 7213,
7223)
EC Request:
- Modes 1, 2 and 3: Take full commitments, i.e. schedule “none”, under
MA and NT
- Mode 4: Commit as referred in the
section “Horizontal commitments”
C. Air transport
Japan has commitments for maintenance and repair of aircraft and parts
thereof, selling and marketing, and computer reservation systems. The EC
shall ask Japan to also consider the following areas:
1) Maintenance and repair of aircraft and parts thereof. Japan has
schedules a restriction relating to licensing EC Request:
- Modes 2 and 3: Take full commitments, i.e. schedule “none”, under MA
and NT
- Mode 4: Commit as referred in the
section “Horizontal commitments”
2) Groundhandling services, as specified in the attached definitions (Annex
2). EC Request:
- Modes 2 and 3: Take full commitments, i.e. schedule “none”, under MA
and NT
- Mode 4:
Commit as referred in the section “Horizontal commitments”
3) Airport management services, as specified in the attached definitions
(Annex 2). EC Request:
- Mode 3: Take full commitments, i.e. schedule “none”, under MA and NT
- Mode 4: Commit as referred in the section “Horizontal
commitments”
F. Road transport
b) Freight Transportation (CPC
7123).
Japan has specific commitments for this activity, with a restrictions related
to emergency safeguard measures for licensing.
EC
Request:
- Mode 3: Take full commitments, i.e. schedule “none”, under MA and NT
- Mode 4: Commit as referred in the section “Horizontal
commitments”
d) Maintenance and Repair of Road Transport Equipment (CPC 6112) EC
Request:
- Modes 1, 2 and 3: Take full commitments, i.e. schedule “none”, under
MA and NT
- Mode 4: Commit as referred in the
section “Horizontal commitments”
H. Services Auxiliary to All Modes of
Transport
b) Storage and Warehouse Services (CPC 742)
Japan has specific commitments for this activity, with a restrictions related
to certain products (petroleum and petroleum products)
EC Request:
- Modes 2 and 3: Take full commitments, i.e. schedule “none”, under MA
and NT
- Mode 4:
Commit as referred in the section “Horizontal commitments”
c) Freight Transport Agency/Freight Forwarding Services (CPC 748) and Pre-Shipment
Inspection (part of CPC 749)
Japan has specific commitments for this activity but restricted to a maritime
context. EC Request:
Modes 1, 2 and 3: Take full commitments, i.e. schedule “none”, under
MA and NT
Mode 4:
Commit as referred in the section “Horizontal commitments”
Annex 1: SCHEDULE ON MARITIME TRANSPORT SERVICES TRANSPORT SERVICESMARITIME
TRANSPORTSERVICESInternational Transport
(freight and passengers) CPC 7211
and 7212 less cabotage transport 1)
(a) Liner Shipping: none (b) Bulk, tramp, and other international
shipping, including passenger transportation; none 1) (a) None
(b) None The following services at the port are made available to international
maritime transport suppliers on reasonable and no discriminatory terms
and conditions1. Pilotage2. Towing and tug assistance3.
Provisioning, fuelling and watering4. Garbage collecting and
ballast waste disposal 5. Port Captain’s services6. Navigation
aids7. Shore-based operational services essential to ship operations,
including communications, water and electrical supplies8. Emergency repair
facilities9. Anchorage, berth and berthing services1) See note TRANSPORT
SERVICES MARITIME TRANSPORT SERVICESInternational Transport (freight and
passengers) CPC 7211 and 7212 less cabotage transport (cont.) 2) None3)
(a) Establishment of registered company for the purpose of operating
a fleet under the national flag of the State of establishment: unbound
(b) Other forms of commercial presence for the supply of international
maritime transport services (as defined below ? 2): none4) (a) Ships’
crews: unbound (b) Key personnel employed in relation to a commercial presence
as defined under mode 3b) above: Unbound except as in horizontal section
2) None3) (a) Unbound (b) None4) (a) Unbound (b) Unbound except as
in horizontal section 3) (b) See Notes 2, 3, MARITIME AUXILIARY SERVICESMaritime
Cargo Handling Services (as defined below ? 4)Storage and warehousing Services
CPC 742 Customs Clearance Services (as defined below ? 5) 1) Unbound*
except for ? no limitation on transhipment (board to board or via the quay)
and/or on the use of on-board cargo handling equipment2) None3)
None**4) Unbound except as in horizontal section 1) Unbound*2)
None3) None**4) Unbound except as in horizontal section 1)
Unbound*2) None3) None**4) Unbound except as in horizontal
section 1) Unbound* except for no limitation on transhipment (board
to board or via the quay) and/or on the use of on-board cargo handling
equipment2) None3) None4) Unbound except as in horizontal section1)
Unbound*2) None3) None4) Unbound except as in horizontal section
1) Unbound*2) None3) None4) Unbound except as in horizontal
section MARITIME AUXILIARY SERVICES (cont.)Container Station and Depot
Services (as defined below ? 6)Maritime Agency Services (as defined below
? 7)(Maritime) Freight Forwarding Services (as defined below - 8) 1)
Unbound*2) None3) None**4) Unbound except as in horizontal
section 1) None2) None3) None4) Unbound except
as in horizontal section 1) None2) None3) None4)
Unbound except as in horizontal section 1) Unbound*2) None3)
None4) Unbound except as in horizontal section 1) None2)
None3) None4) Unbound except as in horizontal section 1)
None2) None3) None4) Unbound except as in horizontal
section
NOTE TO THE SCHEDULE
Where road, rail, inland waterways (and) (related) (auxiliary) services
are not otherwise fully covered in (this) (a Member’s) schedule, a multimodal
transport operator shall have the ability to rent or lease trucks, railway
carriages or barges, and related equipment, for the purpose of inland forwarding
of cargoes, or have access to, and use of, these forms of multimodal activities
on reasonable and non-discriminatory terms and conditions for the purpose
of carrying out multimodal transport operations. (≪ Reasonable and non-discriminatory
terms and conditions ≫ means, for the purpose of (multimodal transport
operations), (this additional commitment), the ability of the multimodal
transport operator to arrange for the conveyance of its merchandise on
a timely basis, including priority over other merchandise which has entered
the port at a later date).
DEFINITIONS
1. Without prejudice to the scope of activities
which may be
considered as ≪ cabotage ≫ under the relevant national
legislation,
this schedule does not include ≪ maritime cabotage services ≫,
which
are assumed to cover transportation of passengers or goods between
a
port located in … (name of country or, for EEC, ≪ a Member State ≫)
and
another port located in … (name of the country or, for EEC, ≪
the same Member
State ≫) and traffic originating and terminating
in … the same port located
in (name of country, or for the EEC, ≪ a
Member State ≫) provided that this
traffic remains within … (name of
country or ≪ this Member State ≫)’s
territorial waters.
2. ≪ Other forms of commercial presence for the supply of international
maritime transport services ≫ means the ability for international maritime
transport service suppliers of other Members to undertake locally all activities
which are necessary for the supply to their customers of a partially or
fully integrated transport service, within which the maritime transport
constitutes a substantial element. (This commitment shall however not be
construed as limiting in any manner the commitments undertaken under the
cross-border mode of delivery).
These activities include, but are not limited
to:
(a) marketing and sales of maritime transport and related services through
direct contact with customers, from quotation to invoicing, these services
being those operated or offered by the service supplier itself or by service
suppliers with which the service seller has established standing business
arrangements;
(b) the acquisition, on their own account or on behalf or their customers
(and the resale to their customers) of any transport and related services,
including inward transport services by any mode, particularly inland waterways,
road and rail, necessary for the supply of the integrated services;
(c) the preparation of documentation concerning transport documents,
customs documents, or other documents related to the origin and character
of the goods transported;
(d) the provision of business information by any means, including computerised
information systems and electronic data interchange (subject to the provisions
of the annex on telecommunications);
(e) the setting up of any business arrangements (including participation
in the stock of a company) and the appointment of personnel recruited locally
(or, in the case of foreign personnel, subject to the horizontal commitment
on movement of personnel) with any locally established shipping agency;
(f) acting on behalf of the companies, organising the call of the
ship or taking over cargoes when required.
3. ≪ Multimodal transport operators ≫ means the person on whose behalf
the bill of lading /multimodal transport document, or any other document
evidencing a contract of multimodal carriage of goods, is issued and who
is responsible for the carriage of goods pursuant to the contract of carriage.
4. ≪ Maritime cargo handling services ≫ means activities exercised by
stevedore companies, including terminal operators, but not including the
direct activities of dockers, when this workforce is organised independently
of the stevedoring or terminal operator companies. The activities covered
include the organisation and supervision of:
- the loading/discharging of cargo to/from a
ship;
- the lashing/unlashing of cargo;
- the reception/delivery and safekeeping of cargoes before shipment or
after discharge.
5. ≪ Customs clearance services ≫ (alternatively ≪ customs house brokers’
services ≫) means activities consisting in carrying out on behalf of another
party customs formalities concerning import, export or through transport
of cargoes, whether this service is the main activity of the service provider
or a usual complement of its main activity.
6. ≪ Container station and depot services ≫ means activities consisting
in storing containers, whether in port areas or inland, with a view to
their stuffing/stripping, repairing and making them available for shipments.
7. ≪ Maritime agency services ≫ means activities consisting in representing,
within a given geographic area, as an agent the business interests of one
or more shipping lines or shipping companies, for the following purposes:
- marketing and sales of maritime transport and related services, from
quotation to invoicing, and issuance of bills of lading on behalf of the
companies, acquisition and resale of the necessary related
services, preparation of documentation, and provision of business information;
- acting on behalf of the companies organising the call of the ship
or taking over cargoes when required.
8. ≪ Freight forwarding services ≫ means (the activity consisting of
organising and monitoring shipment operations on behalf of shippers, through
the acquisition of transport and related services, preparation of documentation
and provision of business information).
Annex 2 Facilitating air transport
services
Ground-handling Services
Efficient ground-handling is essential to the proper functioning of air
transport and competition between operators in this area ensures that
proper use is made of air transport infrastructure. It helps reduce the
operating costs of airlines and improves the quality of service for airport
users.
For specialised groundhandling suppliers the following activities are requested:
- Ground Administration ? supervision and administration at the airport
(CPC 7461);
- Passenger Handling ? assisting arriving, departing and transfer passengers
(CPC 7461);
- Baggage Handling ? handling baggage in
the sorting area (CPC 7461);
- Freight and Mail Handling ? physical handling of freight and mail, dealing
with security and customs procedures (CPC 74110 (container handling services)
and 74190 (other cargo handling services); - Ramp Handling ? marshalling
and moving the aircraft, loading and unloading of aircraft, transport
of passengers, freight, supplies (CPC 7469).
- Aircraft Services ? cleaning the aircraft, heating and cooling, removal
of snow and ice (CPC 7469);
- Fuel and Oil Handling ? organisation and provision
of fuel and oil;
- Aircraft Maintenance ? covered specifically by the Annex
as above;
- Flight Operations and Crew Administration ? preparation of the flight,
inflight and post-flight assistance, crew administration;
- Surface Transport ? organisation and execution of transport within airport
? except to and from aircraft;
- Catering Services ? administration, storage, preparation and delivery
of bar and food supplies (CPC 6423). [Catering is listed for only for
information purposes as this activity is classified and committed by Japan
as part of tourism services]
Airport management
services
Airport management services constitute the core activities of airport services
providers and cover: Airport operation services (excl. cargo handling),
including passenger air terminal services and ground services on air fields,
including runway operating services, on a fee or contract CPC 74610. Activities
are also related to “other management consulting services” (CPC 86509)
and activities separately specified under “other management services
not elsewhere classified"(CPC 86609). A commitment will allow services
suppliers to take an equity stake in - and engage in the overall operation
and management of - airports when these are open for investments from private
operators. Thereby it will bind existing common practices in the sector.
ENERGY SERVICES
EC request to JAPAN
This request includes services that are listed under the negotiating proposal
of the EU (S/CSS/W/60) . The work on the classification of these services
is still underway. For this reason, some activities therefore lacks reference
to CPC.
The EC requests that this area is committed as follows :
A.
Services related to exploration and production
? CPC 883: Services incidental to mining This sub-sector is not committed.
EC Request:
- Mode
3 : Take full commitments, i.e. schedule "none".
- Mode 4 : Commit as
referred in the section "Horizontal commitments".
? CPC 8675: Related scientific and technical consulting services EC Request:
- Mode 3 and 4: Eliminate the exclusion for services related to petroleum
and gas.
?
CPC 511 and CPC 513: Construction and related engineering services
EC
Request:
- Mode 3 and 4: Eliminate the exclusion for services related
to
mining.
- Mode 3: NT ? Japan’s schedule reads “None except as indicated in horizontal
commitments”. EC Request: Please refer to the horizontal section of the
EC Request in this respect.
B. Services
related to the construction of energy facilities
B.1 Construction of
energy facilities
? CPC 513: For constructions for mining and
manufacturing
EC Request:
- Mode 3 and 4: Eliminate the exclusion for services related to mining.
- Mode 3: NT ? Japan’s schedule reads “None except as indicated in horizontal
commitments”. EC Request: Please refer to the horizontal section of the
EC Request in this respect.
B.2 Installation
and assembly work
CPC 516: Installation and assembly work
EC Request:
- Mode 3 and 4: Eliminate the exclusion for services related to mining.
- Mode 3: NT ? Japan’s schedule reads “None except as indicated in horizontal
commitments”. EC Request: Please refer to the horizontal section of the
EC Request in this respect.
C. Services related to networks
C.1 Operation of transportation/transmission and distribution facilities
? CPC
887: Services incidental to energy distribution
This sub-sector is not
committed. EC Request:
- Modes 3 : Take commitments for operation of networks not part of the integrated
system.
- Mode 4 : Commit as referred in the
section "Horizontal commitments".
? CPC 71310: Transportation of petroleum and natural gas This sub-sector
is not committed. EC Request:
- Modes 3 : Take commitments for operation of networks not part of the integrated
system.
- Mode 4 : Commit as referred in the section
"Horizontal commitments".
D. Storage services
? CPC 74220: Bulk storage services of liquids or gases This sub-sector
is not committed. EC Request:
- Mode 3 : Take full commitments, i.e. schedule "none".
- Mode 4
: Commit as referred in the section "Horizontal commitments".
E. Services
for the supply of energy
E.1 Wholesale of energy products
Wholesale
trade services of electricity
EC Request:
- Modes 3 : Take full
commitments, i.e.schedule “none”
- Mode 4 : Commit as referred in the section
"Horizontal commitments".
E.3 Trading of energy products
EC
Request:
- Modes 1, 2, 3 : Take full commitments, i.e.schedule “none”.
-
Mode 4 : Commit as referred in the section "Horizontal commitments".
E.4
Brokering of energy products
EC Request:
- Modes 1, 2, 3 : Take full
commitments, i.e.schedule “none”.
- Mode 4 : Commit as referred in the
section "Horizontal commitments".
G. Services related to
decommissioning
EC Request:
- Modes 3 : Take full commitments, i.e.
schedule "none".
- Mode 4 : Commit as referred in the section "Horizontal
commitments".