Standard of treatment for branches and representative offices

1. The provisions of Article 88 [of this Agreement] do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches and representative offices of legal persons of the other Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches and representative offices as compared to branches and representative offices of companies incorporated in its territory or, as regards financial services, for prudential reasons.

2. The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons.

Section 3

Cross Border Supply of Services

Article 92

Scope

This Section applies to measures of the Parties affecting the cross border supply of all services sectors with the exception of:

(a) audio-visual services²³;

(b) national maritime cabotage²⁴; and

(c) domestic and international air transport services²⁵, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights other than:

²³ The exclusion of audio-visual services from the scope of this Chapter is without prejudice to the cooperation on audiovisual services under Title V on Economic and Sector Cooperation of this Agreement.

²⁴ Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national maritime cabotage under this chapter covers transportation of passengers or goods between a port or point located in Ukraine or a Member State of the European Union and another port or point located in Ukraine or Member State of the European Union, including on its continental shelf, as provided in the UN Convention on the Law on the Sea and traffic originating and terminating in the same port or point located in Ukraine or a Member State of the European Union.

²⁵ The conditions of mutual market access in air transport shall be dealt with by the Agreement between the European Union and its Member States and Ukraine on the establishment of a Common Aviation Area.

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(i) aircraft repair and maintenance services during which an aircraft is withdrawn from service;

(ii) the selling and marketing of air transport services;

(iii) CRS services;

(iv) ground handling services;

(v) airport operation services.

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