717.Sections 405 to 408 concern reciprocity powers.  Under certain EC directives a decision can be taken by the Council of the European Union or the Commission to require individual member States’ regulators to take reciprocal action to deprive subsidiaries of firms from a country outside the European Economic Area (EEA) of access to their markets.  This is referred to in the Act as a “third country decision”.  Such a decision may be taken where it appears to the Commission that EEA firms wishing to establish themselves or provide financial services in third countries are not being treated on the same basis and offered the same competitive opportunities as domestic firms.
718.The potential for reciprocity action has diminished following World Trade Organisation (“WTO”) negotiations on financial services which resulted in the EU, along with many other WTO member countries, making a commitment to offer Most Favoured Nation treatment to other WTO members on a permanent basis.  This commitment came into force on 1 March 1999 and means that EC reciprocity powers can now only be used against countries outside the WTO.
Commentary on Sections Part Xxviii: Miscellaneous Reciprocity powers