//: 2005/106/EC:
Council decision of 22 November 2004 on the signing and provisional application of an Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Repu


Published: 2005-02-10

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10.2.2005   

EN

Official Journal of the European Union

L 38/1


COUNCIL DECISION

of 22 November 2004

on the signing and provisional application of an Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

(2005/106/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 310 thereof in conjunction with the first and second sentences of the first subparagraph of Article 300(2) thereof,

Having regard to the 2003 Act of Accession, and in particular to Article 6(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

On 22 December 2003 the Council authorised the Commission, on behalf of the European Community and its Member States, to negotiate with Chile an Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the new Member States to the European Union.

(2)

These negotiations have been concluded and the Additional Protocol was initialled on 30 April 2004.

(3)

Subject to its possible conclusion at a later date, the Additional Protocol should be signed on behalf of the Community and the Member States and the provisional application of certain of its provisions should be approved,

HAS DECIDED AS FOLLOWS:

Sole Article

1.   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, the Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union.

The text of the Additional Protocol is attached to this Decision.

2.   Articles 2, 3, 4, 5, 6, 11 and 12 of the Additional Protocol shall be applied provisionally pending its entry into force.

Done at Brussels, 22 November 2004.

For the Council

The President

B. R. BOT


ADDITIONAL PROTOCOL

to the Agreement between the European Community and its Member States,of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus,the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia,and the Slovak Republic to the European Union

THE KINGDOM OF BELGIUM,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE REPUBLIC OF ESTONIA,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF HUNGARY,

THE REPUBLIC OF MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

hereinafter referred to as the ‘Member States’,

THE EUROPEAN COMMUNITY,

hereinafter referred to as the ‘Community’,

and

THE REPUBLIC OF CHILE, hereinafter referred to as ‘Chile’,

WHEREAS the Agreement establishing an association between the Community and its Member States, of the one part, and the Republic of Chile, of the other part, hereinafter referred to as ‘the Agreement’, was signed in Brussels on 18 November 2002 and some of its provisions have been applied pursuant to Article 198(3) thereof since 1 February 2003;

WHEREAS the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (hereinafter referred to as the new Member States) to the European Union (hereinafter referred to as Treaty of Accession) was signed in Athens on 16 April 2003 and entered into force on 1 May 2004,

HAVE AGREED AS FOLLOWS:

SECTION I

CONTRACTING PARTIES

Article 1

The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic hereby become Contracting Parties to the Agreement.

SECTION II

TRADE IN GOODS

Article 2

Annex I to the Agreement is hereby amended in accordance with the provisions contained in Annex I to this Protocol, in order to add the tariff quotas indicated in Section 1 of Annex I to the Agreement.

SECTION III

RULES OF ORIGIN

Article 3

Articles 17(4) and 18(2) of Annex III to the Agreement are hereby amended in accordance with the provisions of Annex II to this Protocol.

Article 4

Appendix III of Annex III to the Agreement shall be replaced by Annex III to this Protocol.

Article 5

Appendix IV toAnnex III to the Agreement shall be replaced by Annex IV to this Protocol.

Article 6

1.   The provisions of the Agreement shall be applied to goods exported from either Chile to one of the new Member States or from one of the new Member States to Chile, which comply with the provisions of Annex III to the Agreement and that on the date of accession are either en route or in temporary storage, in a customs warehouse or in a free zone in Chile or in such new Member State.

2.   Preferential treatment shall be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months of the date of accession, of a proof of origin issued retrospectively by the customs authorities or competent governmental authority of the exporting country.

SECTION IV

TRADE IN SERVICES AND ESTABLISHMENT

Article 7

Part A of Annex VII to the Agreement shall be replaced by the provisions of Annex V to this Protocol.

Article 8

Part A of Annex VIII to the Agreement shall be replaced by the provisions of Annex VI to this Protocol.

Article 9

Part A of Annex IX to the Agreement shall be replaced by the information provided in Annex VII to this Protocol.

Article 10

Part A of Annex X to the Agreement shall be replaced by the provisions of Annex VIII to this Protocol.

SECTION V

GOVERNMENT PROCUREMENT

Article 11

1.   The entities of the new Member States listed in Annex IX to this Protocol shall be added to the relevant sections of Annex XI to the Agreement.

2.   The list of publication means of the new Member States listed in Annex X to this Protocol, shall be added to Appendix 2 of Annex XIII to the Agreement.

SECTION VI

WTO

Article 12

Chile undertakes not to make any claim, request or referral nor to modify or withdraw any concession pursuant to GATT 1994 Articles XXIV.6 and XXVIII or GATS Article XXI in relation to the accession of the new Member States to the European Union.

SECTION VII

GENERAL AND FINAL PROVISIONS

Article 13

1.   This Protocol shall be concluded by the Community, by the Council of the European Union on behalf of the Member States and by Chile, in accordance with their respective internal procedures.

2.   This Protocol shall enter into force on the first day of the first month following that in which all the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose, or on the date of entry into force of the Agreement, whichever is the later.

3.   Notwithstanding paragraph 2, the Community and Chile agree to apply provisionally Articles 2, 3, 4, 5, 6, 11 and 12 of this Protocol, from the date of signature of this Protocol. Article 2 shall be applied with effect from 1 May 2004.

4.   Notifications shall be sent to the Secretary-General of the Council of the European Union, who shall be the depository of this Protocol.

5.   Where a provision of this Protocol is applied by the Contracting Parties pending its entry into force, any reference in such a provision to the date of entry into force of this Protocol shall be understood to refer to the date from which those Parties agree to apply that provision, in accordance with paragraph 3.

Article 14

This Protocol shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.

The Community shall communicate within three months from the signature of this Protocol to Chile the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovene language versions of the Agreement. Subject to the entry into force of this Protocol, the new language versions shall become authentic under the same conditions as those drawn up in the present languages of this Protocol.

Artilce 15

This Protocol shall form an integral part of the Agreement. The Annexes to this Protocol shall form an integral part thereof.

ANNEX I

Amendments to Community Tariff Elimination Schedule

1.

The Community shall allow duty free importation of the following products and quantities with an increase by 5 % each year of the quantity.

CN code

Description

Quantity

0703 20 00

Garlic

30 tons

ex 0806 10 10

Grapes (1/1 to 14/7)

1 500 tons

0810 50 00

Kiwi

1 000 tons

2.

The Community shall allow duty free importation of the following products and quantities.

CN code

Description

Quantity (1)

0303 29 00

Other frozen fish excluding fillets

725 tons

0303 78 12

Argentine hake

0303 78 19

Hake — other

0304 20 53

Frozen fillets of mackerel

0304 20 56

Frozen fillets of argentine hake

0304 20 58

Frozen fillets of other hake

0304 20 91

Frozen fillets of blue grenadier

0304 20 95

Other frozen fillets

0304 90 05

Surimi


CN code

Description

Quantity (2)

1604 15 19

Prepared or preserved mackerel

90 tons


(1)  This tariff quota will apply for 2004 and each calendar year thereafter beginning 1 January 2005 until its expiry on 31 December 2012.

(2)  This tariff quota will apply for 2004 and each calendar year thereafter beginning 1 January 2005 until its expiry on 31 December 2006.

ANNEX II

New language versions of administrative remarks contained in Annex III to the Association Agreement

1.

Article 17(4) shall be amended to read:

(...)

Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases:

ES

‘EXPEDIDO A POSTERIORI’

CS

‘VYSTAVENO DODATEČNĚ’

DA

‘UDSTEDT EFTERFØLGENDE’

DE

‘NACHTRÄGLICH AUSGESTELLT’

ET

‘VÄLJA ANTUD TAGASIULATUVALT’

EL

‘ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ’

EN

‘ISSUED RETROSPECTIVELY’

FR

‘DÉLIVRÉ A POSTERIORI’

IT

‘RILASCIATO A POSTERIORI’

LV

‘IZSNIEGTS RETROSPEKTĪVI’

LT

‘RETROSPEKTYVUSIS IŠDAVIMAS’

HU

‘KIADVA VISSZAMENŐLEGES HATÁLLYAL’

MT

‘MAHRUG RETROSPETTIVAMENT’

NL

‘AFGEGEVEN A POSTERIORI’

PL

‘WYSTAWIONE RETROSPEKTYWNIE’

PT

‘EMITIDO A POSTERIORI’

SL

‘IZDANO NAKNADNO’

SK

‘VYDANÉ DODATOČNE’

FI

‘ANNETTU JÄLKIKÄTEEN’

SV

‘UTFÄRDAT I EFTERHAND’

2.

Article 18(2) shall be amended to read:

(...)

The duplicate issued in this way must be endorsed with one of the following words:

ES ‘DUPLICADO’

CS ‘DUPLIKÁT’

DA ‘DUPLIKAT’

DE ‘DUPLIKAT’

ET ‘DUPLIKAAT’

EL ‘ΑΝΤΙΓΡΑΦΟ’

EN ‘DUPLICATE’

FR ‘DUPLICATA’

IT ‘DUPLICATO’

LV ‘DUBLIKĀTS’

LT ‘DUBLIKATAS’

HU ‘MÁSODLAT’

MT ‘DUPLIKAT’

NL ‘DUPLICAAT’

PL ‘DUPLIKAT’

PT ‘SEGUNDA VIA’

SL ‘DVOJNIK’

SK ‘DUPLIKÁT’

FI ‘KAKSOISKAPPALE’

SV ‘DUPLIKAT’

ANNEX III

”Appendix III

SPECIMEN OF MOVEMENT CERTIFICATE EUR.1. AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1

Printing instructions

1.

Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

2.

The customs authorities or the competent governmental authorities of the Member States of the Community and of Chile may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

Procedure for completion

The exporter or his authorised representative shall fill out both the movement certificate EUR.1. and the application form. These forms shall be completed in one of the languages in which this Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country. If they are handwritten, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through.

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ANNEX IV

‘Appendix IV

Invoice declaration

Specific requirements as for the making out of an invoice declaration

An invoice declaration, the text of which is set out below, shall be made out using one of the linguistic versions set out there and in accordance with the provisions of the domestic law of the exporting country. If the declaration is handwritten, it shall be written in ink in printed characters. The invoice declaration must be drawn up in accordance with the respective footnotes. The footnotes do not have to be reproduced.

English version

The exporter of the products covered by this document (customs or competent governmental authorisation No ... (1)) declares that, except where otherwise clearly indicated, these products are of ... preferential origin (2).

Spanish version

El exportador de los productos incluidos en el presente documento (autorización aduanera o de la autoridad gubernamental competente no ... (1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial ... (2).

Danish version

Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes eller den kompetente offentlige myndigheds tilladelse nr. ... (1) erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i ... (2).

German version

Der Ausführer (Ermächtigter Ausführer; Bewillingung der Zollbehörde oder der zuständigen Regierungsbehörde Nr. … (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nichts anderes angegeben, präferenzbegünstigte Ursprungswaren ... (2) sind.

Greek version

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου ή της καθύλην αρμόδιας αρχής, υπ'αριθ. ... (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής ... (2).

French version

L'exportateur des produits couverts par le présent document (autorisation douanière ou de l'autorité gouvernementale compétente no (1)) déclare que, sauf indication claire du contraire, ces produits ont l'origine préférentielle ... (2).

Italian version

L'esportatore delle merci contemplate nel presente documento (autorizzazione doganale o dell'autorità governativa competente n. … (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale ... (2).

Dutch version

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning of vergunning van de competente overheidsinstantie nr. … (1)) verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële ... oorsprong zijn (2).

Portuguese version

O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira ou da autoridade governamental competente no (1)) declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial ... (2).

Finnish version

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin tai toimivaltaisen julkisen viranomaisen lupa nro... (1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja ... alkuperätuotteita (2).

Swedish version

Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd eller behörig statlig myndighet nr. __. (1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande ___ ursprung (2).

Czech version

Vývozce výrobků uvedených v tomto dokumentu (číslo povolení celního nebo příslušného vládního orgánu ... (1)) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v ... (2).

Estonian version

Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti või pädeva valitsusasutuse luba nr. ... (1)) deklareerib, et need tooted on ... (2) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.

Latvian version

Eksportētājs produktiem, kuri ietverti šajā dokumentā (muitas vai kompetentu valsts iestāžu pilnvara Nr. … (1)), deklarē, ka, iznemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir priekšrocību izcelsme no … (2).

Lithuanian version

Šiame dokumente išvardintų prekių eksportuotojas (muitinės arba kompetentingos vyriausybinės institucijos liudijimo Nr. … (1)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (2)preferencinės kilmės prekės.

Hungarian version

A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (1)vagy az illetékes kormányzati szerv által kiadott engedély száma: …) kijelentem, hogy eltérő jelzs hiányában az áruk kedvezményes … származásúak (2).

Maltese version

L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni kompetenti tal-gvern jew tad-dwana nru. … (1)) jiddikjara li, hlief fejn indikat b'mod car li mhux hekk, dawn il-prodotti huma ta' origini preferenzjali … (2).

Polish version

Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych lub upoważnienie właściwych władz nr … (1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (2) preferencyjne pochodzenie.

Slovene version

Izvoznik blaga, zajetega s tem dokumentom, (pooblastilo carinskih ali pristojnih državnih organov št. ... (1)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno... (2) poreklo.

Slovak version

Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia colnej správy alebo príslušného vládneho povolenia … (1)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v … (2).

…..…….…............................. (3)

(Place and date)

….………............................... (4)

(Signature of the exporter; in addition, the name of the person. The declaration must be indicated in clear script)


(1)  When the invoice declaration is made out by an approved exporter within the meaning of Article 21 of this Annex, the authorisation number of the approved exporter must be entered in this space. When the invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.

(2)  Origin of products to be indicated. When the invoice declaration relates in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 37 of this Annex, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol “CM”

(3)  These indications may be omitted if the information is contained on the document itself.

(4)  See Article 20(5) of this Annex. In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.’

ANNEX V

(ANNEX VII to the Agreement referred to in Article 99 of the Agreement)

SCHEDULE OF SPECIFIC COMMITMENTS ON SERVICES

PART A

Community's schedule

Introductory note

1.

The specific commitments in this schedule apply only to the territories in which the Treaties establishing the Community are applied and under the conditions laid down in these Treaties. These commitments apply only to the relations between the Community and its Member States on the one hand, and non-Community countries on the other. They do not affect the rights and obligations of Member States arising from Community law.

2.

The following abbreviations are used to indicate the Member States:

AT Austria

BE Belgium

CY Cyprus

CZ Czech Republic

DE Germany

DK Denmark

ES Spain

EE Estonia

FR France

FI Finland

EL Greece

HU Hungary

IT Italy

IE Ireland

LU Luxembourg

LT Lithuania

LV Latvia

MT Malta

NL The Netherlands

PT Portugal

PL Poland

SE Sweden

SI Slovenia

SK Slovak Republic

UK UK United Kingdom

3.

A glossary of terms used by individual Member States is attached to this schedule.

‘Subsidiary’ of a legal person means a legal person which is effectively controlled by another legal person.

‘Branch’ of a legal person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension.

I.

HORIZONTAL COMMITMENTS

All sectors included in this schedule

 

 

 

 

3.

In all Member States (1) services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators (2).

3.

(a)

Treatment accorded to subsidiaries (of Chilean companies) formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community is not extended to branches or agencies established in a Member State by a Chilean company. However, this does not prevent a Member State from extending this treatment to branches or agencies established in another Member State by a Chilean company or firm, as regards their operation in the first Member State's territory, unless such extension is explicitly prohibited by Community law.

 

 

 

(b)

Treatment less favourable may be accorded to subsidiaries (of Chilean companies) formed in accordance with the law of a Member State which have only their registered office or central administration in the territory of the Community, unless it can be shown that they possess an effective and continuous link with the economy of one of the Member States.

 

 

HU: Commercial presence should take the form of limited liability company, joint-stock company, branch or representative office.

Formation of Legal entity

3.

SE: A limited liability company (joint stock company) may be established by one or several founders. A founding party shall either reside within the EEA (European Economic Area) or be an EEA legal entity. A partnership can only be a founding party if each partner resides within the EEA (3). Corresponding conditions prevail for establishment of all other types of legal entities.

 

 

Law on foreign companies' branches

3.

SE: A foreign company (which has not established a legal entity in Sweden) shall conduct its commercial operations through a branch, established in Sweden with independent management and separate accounts.

SE: Building projects with a duration of less than a year are exempted from the requirements of establishing a branch or appointing a resident representative.

PL: Unbound with respect to branches.

Law on foreign companies' branches

3.

SE: The managing director and at least 50 % of the members of the board shall reside within the EEA (European Economic Area).

SE: The managing director of a branch shall reside within the EEA (European Economic Area) (3).

SE: Foreign or Swedish citizens not residing in Sweden, who wishes to conduct commercial operations in Sweden, shall appoint and register with the local authority a resident representative responsible for such activities.

SI: The establishment of branches by foreign companies is conditioned with the registration of the parent company in a court register in the country of origin for at least one year.

 

 

Legal entities:

3.

FI: Acquisition of shares by foreign owners giving more than one third of the voting rights of a major Finnish company or a major business undertaking (with more than 1 000 employees or with a turnover exceeding 1 000 million Finnish markka or with a balance sheet total exceeding EUR 167 million) is subject to confirmation by the Finnish authorities; the confirmation may be denied only if an important national interest would be jeopardised.

FI: At least half of the founders of a limited company need to be resident either in Finland or in one of the other EEA (European Economic Area) countries. Company exemptions may, however, be granted.

PL: The establishment by foreign service suppliers may only take the form of limited partnership, limited liability company or joint stock company

FI: A foreigner living outside the European Economic Area and carrying on a trade as a private entrepreneur or as a partner in a Finnish limited or general partnership needs a trade permit. If a foreign organisation or foundation which is resident outside the European Economic Area intends to carry on a business or trade by establishing a branch in Finland, a trade permit is required.

FI: If at least half of the members of the board or the Managing Director are resident outside the European Economic Area, permission is required. Company exemptions may, however, be granted.

SK: A foreign natural person whose name is to be registered in the Commercial Register as a person authorised to act on behalf of the entrepreneur is required to submit a residence permit for the Slovak Republic

 

 

Real estate purchases:

DK: Limitations on real estate purchase by non-resident physical and legal entities. Limitations on agricultural estate purchased by foreign physical and legal entities.

EL: According to Law No 1892/89 permission from the Minister of Defence is needed for a citizen to acquire land in areas near borders. According to administrative practices permission is easily granted for direct investment.

CY: Unbound.

HU: Unbound for the acquisition of State owned property.

LT: Unbound for the acquisition of land by juridical and natural persons.

MT: Unbound for the acquisition of real property.

LV: Unbound in relation to acquisition of land by juridical persons. Land lease not exceeding 99 years permitted.

PL: Unbound in relation to acquisition of state-owned property, i.e. the regulations governing the privatisation process (for mode 3).

SI: Juridical persons, established in the Republic of Slovenia with foreign capital participation, may acquire real estate on the territory of the Republic of Slovenia. Branches (4) established in the Republic of Slovenia by foreign persons may only acquire real estate, except land, necessary for the conduct of the economic activities for which they are established. Ownership of real estate in the border areas of 10 km by companies in which majority of capital or voting rights belongs directly or indirectly to juridical persons or nationals of another Member State is subject to special permission.

SK: None except for land (for modes 3 and 4)

Real estate purchases:

AT: The acquisition, purchase as well as rent or lease of real estate by foreign natural persons and legal persons requires an authorisation by the competent regional authorities (Länder) which will consider whether important economic, social or cultural interests are affected or not.

IE: Prior written consent of the Land Commission is necessary for the acquisition of any interest in Irish land by domestic or foreign companies or foreign nationals. Where such land is for industrial use (other than agricultural industry), this requirement is waived subject to a certificate to this effect from the Minister for Enterprise and Employment. This law does not apply to land within the boundaries of cities and towns.

CZ: Limitations on real estate acquisition by foreign natural and legal entities. Foreign entities may acquire real property through establishment of the Czech legal entities or participation in joint ventures. Acquisition of the land by foreign entities is subject to authorisation.

HU: Unbound for the acquisition of real estate by foreign natural persons.

LV: Unbound in relation to acquisition of land by juridical persons. Land lease not exceeding 99 years permitted.

PL: Acquisition of real estate, direct and indirect, by foreigners and foreign legal persons requires permission

SK: Limitations on real estate acquisition by foreign physical and legal entities. Foreign entities may acquire real property through establishment of Slovak legal entities or participation in joint ventures. Acquisition of the land by foreign entities is subject to authorisation (for modes 3 and 4).

 

 

 

IT: Unbound for purchase of real estate.

FI (Åland Islands): Restrictions on the right for natural persons who do not enjoy regional citizenship in Åland, and for legal persons, to acquire and hold real property on the Åland Islands without permission by the competent authorities of the islands.

FI (Åland Islands): Restrictions on the right of establishment and the right to provide services by natural persons who do not enjoy regional citizenship in Åland, or by any legal person, without permission by the competent authorities of the Åland Islands.

 

 

Investments:

FR: Foreign purchases exceeding 33,33 % of the shares of capital or voting rights in existing French enterprise, or 20 % in publicly quoted French companies, are subject to the following regulation:

after a period of one month following prior notification, authorisation is tacitly granted unless the Minister of Economic Affairs has, in exceptional circumstances, exercised its right to postpone the investment.

FR: Foreign participation in newly privatised companies may be limited to a variable amount, determined by the government of France on a case by case basis, of the equity offered to the public.

ES: Investment in Spain by foreign government and foreign public entities (which tends to imply, besides economic, also non-economic interests to entity's part), directly or through companies or other entities controlled directly or indirectly by foreign governments, need prior authorisation by the government.

PT: Foreign participation in newly privatised companies may be limited to a variable amount, determined by the Government of Portugal on a case-by-case basis, of the equity offered to the public.

IT: Exclusive rights may be granted or maintained to newly-privatised companies. Voting rights in newly privatised companies may be restricted in some cases. For a period of five years, the acquisition of large equity stakes of companies operating in the fields of defence, transport services, telecommunications and energy may be subject to the approval of the Ministry of Treasury.

FR: For establishing in certain (5) commercial, industrial or artisanal activities, a specific authorisation is needed if the managing director is not holder of a permanent residence permit.

Investments:

CY: Entities with foreign participation must have paid up capital commensurate with their finance requirements and non-residents must finance their contribution through the importation of foreign exchange.

In case the non-resident participation exceeds 24 %, any additional financing for working capital requirements or otherwise should be raised from local and foreign sources in proportion to the participation of residents and non-residents in the entity's equity. In the case of branches of foreign companies, all capital for the initial investment must be provided from foreign sources. Borrowing from local sources is only permitted after the initial implementation of the project, for financing working capital requirements.

HU: Unbound for the acquisition of State-owned properties.

LT: Investments in organising lotteries are forbidden under the Law on Foreign Capital Investment.

MT: Companies with the participation of non-resident legal or natural persons are subject to the same capital requirement applicable to companies that are fully owned by residents as follows: private companies — Lm 500 (with a minimum of 20 % as paid up capital); public companies — Lm 20 000 (with a minimum of 25 % paid up capital). The non-resident percentage of share of the equity is to be paid for with funds emanating from abroad. Companies with non-resident participation must apply for a permit from the Ministry of Finance to acquire premises under the appropriate legislation.

 

 

CY: The permission of the Central Bank is required for the participation of any non-resident in a corporate body or partnership in Cyprus. Foreign participation in all sectors/subsectors included in the Schedule of Commitments is normally limited up to 49 %. The decision of the authorities to grant permission for foreign participation is based on an economic needs test, for which the following criteria are used in general:

(a)

provision of services which are new to Cyprus;

(b)

promotion of the export orientation of the economy with development of existing and new markets;

(c)

transfer of modern technology, know-how and new management techniques;

(d)

improvement either of the productive structure of the economy or of the quality of existing products and services;

(e)

complementary impact on existing units or activities;

(f)

viability of proposed project;

(g)

creation of new job opportunities for scientists, qualitative improvement and training of local staff

In exceptional cases, in which a proposed investment satisfies most of the economic needs test criteria to a large extent, permission for foreign participation exceeding 49 % may be granted.

In the case of public companies, foreign equity participation is normally allowed to the extent of up to 30 %. In Mutual Funds the extent of allowable foreign ownership is 40 %.

Corporate bodies have to be registered under the Companies Law. Same law requires that a foreign company wishing to establish a place of business or an office in Cyprus must register it as a foreign branch. For the registration the prior approval of the Central Bank is required under the Exchange Control Law. Such approval is subject to the foreign investment policy applicable at the time with regard to the corporate body's proposed activities in Cyprus and the general investment criteria stipulated above.

 

 

 

HU: Unbound for the acquisition of State-owned properties.

MT: The Companies Act (Cap.386) regulating the supply of services by non-residents through the registration of a local company and the External Transactions Act (Cap. 233) which regulates the issue, acquisition, sale and redemption of securities not listed on the Malta Stock Exchange shall continue to apply.

PL: Authorisation of the establishment of a company with foreign equity is required in the case of

establishment of company, purchase or acquiring of shares or stocks in an existing company; extending of the activity of the company when the scope of activity embraces at least one of the following areas:

management of seaports and airports,

dealing in real estate or acting as intermediary in real estate transactions,

supply to defence industry that is not covered by other licensing requirements,

wholesale trade in imported consumer goods,

provision of legal advisory services,

establishment of a joint-venture company with a foreign equity in which the Polish party is a State legal person and is contributing non-pecuniary assets as initial capital,

arranging a contract, that includes right to use of State property for more than six months or decides on acquisition of such property.

SI: For financial services, authorisation is issued by the authorities indicated in sector specific commitments and according to conditions indicated in sector specific commitments.

There are no limitations on establishment of a new business establishment (greenfield investments).

 

 

 

 

Subsidies

Eligibility for subsidies from the Community or Member States may be limited to legal persons established within the territory of a Member State or a particular geographical subdivision thereof. Unbound for subsidies for research and development. Unbound for branches established in a Member State by a non-Community company. The supply of a service, or its subsidisation, within the public sector is not in breach of this commitment.

Commitments taken in this schedule do not require the Community or Member States to offer a subsidy to a service supplied from outside its territory.

To the extent that any subsidies are made available to natural persons, their availability may be limited to nationals of a Member State.

 

 

Exchange regime (6)  (7)  (8):

1, 2. SK: In relation to current payments, limitation on acquisition of foreign exchange by resident nationals for personal purposes.

In relation to capital payments, foreign exchange authorisation required for acceptance of financial credits from foreign subjects, direct capital investments abroad, acquisition of real estate abroad and purchase of foreign securities.

Exchange regime (9)

4.

CY: Under the Exchange Control Law, non-residents are not normally permitted to borrow from local sources

 

 

4.

Unbound except for measures concerning the entry into and temporary stay (10) within a Member State, without requiring compliance with an economic needs test (11), of the following categories of natural persons providing services:

4.

Unbound except for measures concerning the categories of natural persons referred to in the Market Access column.

 

 

(i)

the temporary presence, as intra-corporate transferee (12), of natural persons in the following categories, provided that the service supplier is a legal person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders), for at least the year immediately preceding such movement

Community directives on mutual recognition of diplomas do not apply to nationals of third countries. Recognition of the diplomas which are required in order to practise regulated professional services by non-Community nationals remains within the competence of each Member State, unless Community law provides otherwise. The right to practise a regulated professional service in one Member State does not grant the right to practise in another Member State.

 

 

(a)

Persons working in a senior position within a legal person, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent, including:

directing the establishment or a department or subdivision of the establishment,

supervising and controlling the work of other supervisory, professional or managerial employees,

having the authority personally to hire and fire or recommend hiring, firing or other personnel actions.

Residency requirements

AT: Managing directors of branches and legal persons have to be resident in Austria; natural persons responsible within a legal person or a branch for the observance of the Austrian Trade Act must be resident in Austria.

MT: Immigration regulations under the Immigration Act (Cap 217) will regulate the issue of residency permits/documents.

 

 

(b)

Persons working within a legal person who possess uncommon knowledge essential to the establishment's service, research equipment, techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession;

 

 

 

(ii)

the temporary presence of natural persons in the following categories:

 

 

 

(a)

persons not residing in the territory of a Member State to which the EC treaties apply, who are representatives of a service supplier and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service provider, where those representatives will not be engaged in making direct sales to the general public or in supplying services themselves (in addition, for EE, HU, LV, SI: or on their own behalf receive remuneration from a source located within the Member State concerned);

 

 

 

(b)

persons working in a senior position, as defined in (i)(a) above, within a legal person, who are responsible for setting up in a Member State a commercial presence of a service provider of Chile when:

 

 

 

the representatives are not engaged in making direct sale or supplying services (in addition, for EE, HU, LV, SI: or on their own behalf receive remuneration from a source located within the Member State concerned), and

 

 

 

the service provider has its principal place of business in the territory of Chile and has no other representative, office, branch or subsidiary in that Member State.

 

 

 

FR: The managing director of an industrial, commercial or artisanal activity (5), if not holder of a residence permit, needs specific authorisation.

 

 

 

IT: Access to industrial, commercial and artisanal activities is subject to a residence permit and specific authorisation to pursue the activity.

 

 

 

(iii)

Unbound except for measures concerning the entry into and temporary stay within a Member State of the following category of natural persons without requiring compliance with an economic needs test except where indicated for a specific subsector. Access is subject to the following conditions (13):

 

 

 

the natural persons are engaged in the supply of a service on a temporary basis as employees of a legal person, who has no commercial presence in any Member State of the European Community,

the legal person has obtained a service contract, for a period not exceeding three months from a final consumer in the Member State concerned, through an open tendering procedure or any other procedure which guarantees the bona fide character of the contract (e.g. advertisement of the availability of the contract) where this requirement exists or is introduced in the Member State pursuant to the laws, regulations and requirements of the Community or its Member States,

 

 

 

the natural person seeking access should be offering such services as an employee of the legal person supplying the service for at least the year (two years in the case of EL) immediately preceding such movement,

 

 

 

the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12-month period (six months in the case of EE; 24 months in the case of NL) or for the duration of the contract, whatever is less,

 

 

 

the natural person must possess the necessary academic qualifications and professional experience as specified for the sector or activity concerned in the Member State where the service is supplied,

 

 

 

the commitment relates only to the service activity which is the subject of the contract; it does not confer entitlement to exercise the professional title of the Member State concerned,

 

 

 

the number of the persons covered by the service contract shall not be larger than necessary to fulfil the contract, as it may be decided by the laws, regulations and requirements of the Community and the Member State where the service is supplied,

 

 

 

the service contract has to be obtained in one of the activities mentioned below and subject to the additional conditions mentioned in the subsector by the Member State concerned:

Legal services

Accounting services

Auditing services

Taxation advisory services

Architectural services, urban planning and landscape architectural services

Engineering services, integrated engineering services

Medical, dental and midwifery services

Veterinary services

Services provided by nurses, physiotherapists and paramedical personnel

Computer and related services

Research and development services

Advertising

Market research and opinion polling

Management consulting services

Services related to management consulting

Technical testing and analysis services

Related scientific and consulting services

Advisory and consulting services relating to agriculture, hunting and forestry

Advisory and consulting services relating to fishing

Services relating to mining

Maintenance and repair of equipment

Photographic services

Convention services

Translation services

 

 

 

 

Construction services

Site investigation work

Environmental services

Higher education services

Adult education services

Travel agencies and tour operator services

Tourist guide services

Entertainment services

News agency services

Services related to the sale of equipment or to the assignment of a patent

 

 

II.

SECTOR-SPECIFIC COMMITMENTS

1.

Business services

 

 

 

A.

Professional services

 

 

 

(a)

Legal advice home country law and public international law (excluding EC law)

CZ, EE, LV, PL, SI, SK: CPC 861.

1.

EE: Unbound for CPC 861 other than CPC 86190

FR, PT, SI: Unbound for drafting of legal documents.

SE: Unbound when practising as ‘Advokat’ (i.e. lawyer/solicitor/barrister) or as an EEA (European Economic Area) lawyer under his or her home country corresponding professional title (14).

CY, MT: Unbound

1.

FR, PT, SI: Unbound for drafting of legal documents.

DK: Marketing of legal advice activities is restricted to lawyers with a Danish licence to practise and law firms registered in Denmark.

SE: Unbound when practising as ‘Advokat’ (i.e. lawyer/solicitor/barrister) or as an EEA (European Economic Area) lawyer under his or her home-country corresponding professional title.

EE: Unbound for CPC 861 other than CPC 86190

AT: Foreign legal advisors are required to be members of their national Bar Association; they may use their professional title only with reference to the place of registration in their home country.

CY, MT: Unbound

 

 

2.

CY, MT: Unbound

2.

CY, MT: Unbound

 

 

3.

DE: Access subject to acceptance into a Bar Association according to the ‘Federal Lawyers Act’ which requires establishment which is restricted to sole proprietorship or partnership only.

FR: Provision through SEL (anonyme, à responsabilité limitée ou en commandite par actions) or SCP only.

FI: When practising legal services as a member of the General Bar Association, citizenship of one of the EEA (European Economic Area) countries is required

AT, CY, MT: Unbound.

3.

DK: Marketing of legal advice activities is restricted to law firms registered in Denmark. Only lawyers with a Danish licence to practise and law firms registered in Denmark may own shares in a Danish law firm. Only lawyers with a Danish licence to practise may sit on the board or be part of the management of a Danish law firm.

AT, CY, MT: Unbound

CZ: Barristers and commercial lawyers in Czech law are required to be graduates of Czech universities

FR: Host country law and international law (including EC law) are open to the Members of the regulated legal and judicial profession. (15)

 

CZ: No limitation involving foreign law. For activities involving national law acceptance in the Czech Bar Association or in the Czech Chamber of Commercial Lawyers is required

EE: None for CPC 86190. For CPC 861 other than CPC 86190, commercial presence is restricted to sole proprietorships or to law firms with limited liability, in which cases permission is needed from the Bar Association (Advokatuur). According to the Bar Statute/Advokatuuri pohimäärus) only Estonian nationals are allowed to establish a lawyer's office. To be accepted into the Bar Association the following requirements should be met:

(a)

two years' work experience as an assistant to a barrister at law;

(b)

passing a relevant examination;

(c)

work for three years as a senior assistant. After that it is possible to take a lawyer's exam (excellent knowledge of the Estonian law and excellent proficiency in the Estonian language are required). Notaries public are persons performing a public service; they are appointed by the Ministry of Justice

HU: Commercial presence should take the form of partnership with a Hungarian barrister (ügyvéd) or a barrister's office (ügyvédi iroda), or representative office

LV: None for consultancy on home country and public international law. For CPC 861 other than consultancy on home country and public international law, licence issued by the Ministry of Justice and knowledge of Latvian language required. Licensed lawyers may provide all legal services, except representation in criminal proceedings. Representation in criminal proceedings permitted only to sworn solicitors. Nationality requirement for sworn solicitors and sworn notaries. Sworn solicitors and sworn notaries have to be at least 25 years old, having knowledge of Latvian language, graduated from University of Latvia or from another university recognised as equivalent by the Faculty of Law, University of Latvia, and having practical experience. Sworn solicitors have to pass an examination in accordance with rules set up by the Council of Sworn Solicitors. Sworn notaries have to pass an examination in accordance with the order set up by the Minister of Justice in cooperation with the Council of Sworn Notaries.

EE: None for CPC 86190. Unbound for CPC 861 other than CPC 86190.

SI: Conditions for acceptance into the Bar Association for lawyers who are not Slovenian nationals and have a licence to practise in another Member State, must have a certificate of knowledge of the Slovenian law and must be proficient in the Slovene language

SK: Barristers and commercial lawyers in Slovak law are required to be graduates of Slovak universities

 

 

PL: Establishment subject to authorisation. Nationality requirement

SI: Commercial presence is restricted to sole proprietorship or to a law firm with unlimited responsibility (partnership) only. Only lawyers with licence to practise may be partners. For activities involving national law acceptance into the Bar Association (Odvetni{ka zbornica Slovenije) is required. Consent of the Bar Association is required for the establishment of any law firm. Conditions for acceptance into the Bar Association for lawyers who are not Slovenian nationals and have a licence to practice in another Member, must have a certificate of knowledge of the Slovenian law and must be proficient in the Slovene language. Notaries public are persons performing a public service. Concession rights may be acquired by licence.

SK: No limitation involving foreign law. For activities involving national law acceptance in the Slovak Bar Association or in the Slovak Chamber of Commercial Lawyers is required.

 

 

 

SE: When supplying legal advice as ‘Advokat’, practising of the profession in cooperation with other persons than other ‘advokats’ or in the form of a limited liability company (joint stock company) is not permitted, unless certain conditions are met.

LU: Host country law and international law (16) subject to registration as ‘avocat’ at the Luxembourg Bar

SE: When appearing under the title ‘Advokat’ (lawyer, solicitor/barrister) membership in Swedish Bar Association is required. Swedish or EEA (European Economic Area) citizenship and residency are required for such membership. When a person authorised as an ‘Advokat’ in a State within the EEA wishes to practise law on a permanent basis in Sweden under his or her home country professional title, he/she shall register with the Swedish Bar Association.

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

AT, CY, MT: Unbound

FR: Legal advice activities and drafting of legal documents as a main activity and for the public, are reserved to the members of the regulated legal and judicial professions (17). These activities may also be exercised as a secondary activity to the principal activity by members of other regulated professions or by qualified persons.

AT: At the request of a consumer, legal advisors may temporarily move into the territory of Austria in order to supply a specific service.

FI: When practising legal services as a member of the General Bar Association, citizenship of one of the EEA (European Economic Area) countries is required.

SE: When supplying legal advice activity as ‘Advokat’, practising of the profession in cooperation with other persons than other ‘advokats’ or in the form of a limited liability company (joint stock company) is not permitted, unless certain conditions are met.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

DK: Marketing of legal advice activities is restricted to lawyers with a Danish licence to practise. Requirement of a Danish legal examination in order to obtain a Danish licence to practise.

AT: Foreign legal advisors are required to be members of their national Bar Association; they may use their professional title only with reference to the place of registration in their home country.

SE: When appearing under the title ‘Advokat’ (lawyer, solicitor/barrister) membership in the Swedish Bar Association is required. Swedish citizenship and residency are required for such membership.

CY, MT: Unbound

 

 

LV: For CPC 861 other than consultancy on home country and public international law, licence issued by the Ministry of Justice and knowledge of Latvian language required. Licensed lawyers may provide all legal services, except representation in criminal proceedings. Representation in criminal proceedings is permitted only to sworn solicitors. Nationality requirement for sworn solicitors and sworn notaries. Sworn solicitors and sworn notaries have to be at least 25 years old, having knowledge of Latvian language, graduated form University of Latvia or from another university recognised as equivalent by the Faculty of Law, University of Latvia, and having practical experience. Sworn solicitors have to pass an examination in accordance with rules set up by the Council of Sworn Solicitors. Sworn notaries have to pass an examination in accordance with the order set up by the Minister of Justice in cooperation with the Council of Sworn Notaries.

 

 

 

Unbound except for BE, DE, DK, ES, SE and UK as indicated in the horizontal section under (iii), subject to the above conditions and the following specific limitations:

BE, DE, DK, ES, SE and UK: University degree and professional qualifications and three years' professional experience in the sector.

DE: Unbound for activities reserved to ‘Rechtsanwalt’.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK, ES, SE and UK as indicated in the horizontal section under (iii):

DK: Marketing of legal advice activities is restricted to lawyers with a Danish licence to practise. Requirement of a Danish legal examination in order to obtain a Danish licence to practise.

SE: When appearing under the title ‘Advokat’ (lawyer, solicitor/barrister) membership of the Swedish Bar Association is required. Swedish citizenship and residency are required for such membership.

 

(b)

Accounting services

(CPC 86212 other than ‘auditing services’, 86213, 86219)

1.

CY, FR, HU, IT, MT, SI: Unbound

2.

None

1.

FR, IT, MT, SI: Unbound

AT: No representation before competent authorities

2.

None

 

 

3.

DE: Provision through a ‘GmbH & Co. KG’ and ‘EWIV’ is prohibited.

FR: Provision through a SEL (anonyme, à responsabilité limitée ou en commandite par actions) or SCP only.

PT: Provision through professional establishment only.

IT: Access is restricted to natural persons. Professional association (no incorporation) among natural persons permitted.

AT: Foreign accountants' (who must be authorised according to the law of their home country) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 %; this applies only to non-members of the Austrian Professional Body.

CY: Access is restricted to natural persons who have obtained authorisation from the Minister of Finance. Authorisation is subject to economic needs test. The criteria used are analogous to those for granting permission for foreign investment (listed in horizontal section) as they apply to this subsector, always taking into consideration the employment situation in the subsector. Professional associations (partnerships) among natural persons is permitted. No body corporate is allowed.

3.

DK: Foreign accountants may enter into partnerships with Danish authorised accountants after obtaining permission from the Danish Commerce and Companies Agency.

 

 

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors can be persons no younger than 25 years and: (a) having a high school degree in economics or in other specialities, if an examination on basic economics is passed; (b) having at least three years experience in auditing recognised by the Latvian Association of Sworn Auditors; (c) who have passed a qualification examination and acquired licence of sworn auditor in accordance with requirements of Latvian Association of Sworn Auditors; (d) having an excellent reputation.

SI: Commercial presence should take the form of a juridical person

 

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

FR: non-EC professionals may be permitted to provide services, by a decision of the Minister of Economics, Finance and Budget, in agreement with the Minister of Foreign Affairs. The requirement of residence cannot exceed five years.

IT: Condition of residency for ‘Ragionieri-Periti commerciali’.

DK: Residence requirement unless otherwise provided by the Danish Commerce and Companies Agency.

AT: at the request of a consumer, accountants may temporarily move into the territory of Austria in order to supply a specific service. However, as a rule natural persons supplying accounting services are required to have their professional centre (commercial presence) in Austria. No representation before competent authorities.

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors can be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least 3 years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

which have passed qualification examination and acquired licence of sworn auditor in accordance with requirements of Latvian Association of Sworn Auditors;

(d)

having excellent reputation

SI: Limitations on natural persons employed by juridical persons only

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

DK, IT: Residence requirement.

SI: Unbound except as indicated in the Market Access column.

 

 

Unbound except for AT, BE, DE, DK, ES, LU, NL, UK, SE as indicated in the horizontal section under (iii) and subject to the above conditions and the following specific limitations:

AT, BE, DE, DK, ES, NL, UK, SE: University degree and professional qualifications and three years' experience in the sector.

AT: examination before the Austrian professional body. The employer must be member of the relevant professional body in the home country where such body exists.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

DE: Unbound for activities reserved by law in the ‘Wirtschaftsprüfer’.

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors may be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least three years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

who have passed a qualification examination and acquired a licence of sworn auditor in accordance with the requirements of Latvian Association of Sworn Auditors;

(d)

having excellent reputation

SI: limitations on natural persons employed by juridical persons only

Unbound except for AT, BE, DE, DK, ES, LU, NL, UK, SE as indicated in the horizontal section under (iii)

 

(b)

Auditing services (18)  (19)

(CPC 86211 and 86212 other than accounting services)

1.

AT, BE, CY, DE, DK, ES, FR, FI, HU, IT, IE, LU, LT, MT, NL, PT, SE, SI, UK: Unbound

LT: None except that auditor's report must be prepared in conjunction with an auditor accredited to practice in Lithuania.

1.

AT, BE, DE, DK, ES, FR, FI, IT, IE, LU, LT, MT, NL, PT, SE, SI, UK: Unbound

LT: None except that an auditor's report must be prepared in conjunction with an auditor accredited to practise in Lithuania.

 

 

2.

None

2.

None

 

 

3.

BE: Provision through a ‘SA’ and ‘Société en commandite’ is prohibited.

DE: Provision through a ‘GmbH & Co. KG’ and ‘EWIV’ is prohibited.

FR: For statutory audits: provision through any company form except SNC, SCS and secondary offices.

PT: Provision through professional association only.

IE: Provision through partnership only.

IT: For access as ‘Ragionieri-Periti commerciali’ and ‘Dottori commerciali’, access is restricted to natural persons only. Professional association (no incorporation) among natural persons permitted.

FI: At least one of the auditors of a Finnish Liability company must be resident in one of the EEA (European Economic Area) countries or an authorised auditing company.

SE: Only auditors approved in the EEA may perform legal auditing services in certain legal entities, i.e. in all limited companies. Only such persons may be share-owners or form partnership in companies which practise qualified auditing (for official purposes). EEA exam, work experience and residency are required for approval.

3.

DK: Foreign auditors may enter into partnerships with Danish State authorised accountants after obtaining permission from the Danish Commerce and Companies Agency.

SE: Residency within the EEA (European Economic Area) and Swedish exam required (20)

 

 

AT: Foreign auditors' (who must be authorised according to the law of their home country) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 %; this applies only to non-members of the Austrian Professional Body.

 

 

 

CY: Access is restricted to natural persons who have obtained authorisation from the Minister of Finance. Authorisation is subject to economic needs test. The criteria used are analogous to those for granting permission for foreign investment (listed in horizontal section) as they apply to this subsector, always taking into consideration the employment situation in the subsector. Professional associations (partnerships) among natural persons are permitted. No body corporate is allowed.

 

 

 

CZ: Auditing may be provided by natural or juridical persons registered in the auditors list of the Chamber of Auditors. In case of juridical persons, at least 60 % of capital share or voting rights are reserved for Czech nationals.

 

 

 

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors can be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least three years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

who have passed a qualification examination and acquired licence of sworn auditor in accordance with requirements of Latvian Association of Sworn Auditors;

(d)

having excellent reputation

 

 

 

LT: None, except not less than 75 % of shares should belong to auditors or auditing companies. The establishment is allowed through all kinds of legal forms of companies except Public Stock Corporation (AB). Qualification requirements for auditors in the country of origin of those auditors or auditing companies should be not lower than in Lithuania.

PL: Nationality requirement. Foreign auditors may practise after confirmation of their qualifications.

SI: Commercial presence should take the form of a juridical person. The share of foreign persons in auditing companies may not exceed 49 % of the equity. Provision through auditing companies only.

SK: Auditing may be provided by natural or juridical persons registered in the auditors list of the Chamber of Auditors. In case of juridical persons at least 60 % of capital share or voting rights are reserved for Slovak nationals.

 

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

DK: Residence condition, unless otherwise provided by the Danish Commerce and Companies Agency.

ES: Residency requirement.

EL: Conditions of nationality for statutory auditors.

ES: Audit companies: administrators, directors and partners of companies other than those covered by the eighth EEC Directive on company law, must fulfil a residency condition.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

DK: Residence requirement.

IT, PT: Residence requirement for individual auditors.

SE: Residency within the EEA (European Economic Area) and Swedish exam required (20).

SI: Unbound except as indicated in the Market Access column

 

 

IT: Residency requirement for ‘Ragionieri-Periti commerciali’. Audit companies: administrators and auditors in ‘società di revisions’ other than those covered by the eighth EEC Directive on company law, must fulfil a residency condition.

FI: At least one of the auditors of a Finnish Liability company must be resident in one of the EEA (European Economic Area) countries or an authorised auditing company.

SE: Only auditors approved in EEA may perform legal auditing services in certain legal entities, i.e. in all limited companies. Only such persons may be share-owners or form partnership in companies which practice qualified auditing (for official purposes).

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors can be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least three years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

who have passed a qualification examination and acquired a licence of sworn auditor in accordance with requirements of the Latvian Association of Sworn Auditors; (d)

(d)

having an excellent reputation.

 

 

 

PL: Nationality requirement. Foreign auditors may practise after confirmation of their qualifications.

SI: Limitations on natural persons employed by juridical persons only.

 

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the above conditions and the following specific limitations:

BE, DE, DK, ES: University degree and professional qualifications and three years' professional experience in the sector.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

DE: Unbound for activities reserved by law in the ‘Wirtschaftsprüfer’.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

(b)

Bookkeeping services

(CPC 86220)

1.

CY, FR, HU, IT, MT, SI: Unbound

2.

None.

1.

FR, IT, MT, SI: Unbound

AT: No representation before competent authorities

2.

None.

 

 

3.

FR: Provision through a SEL (anonyme, à responsabilité limitée ou en commandite par actions) or SCP only.

IT: Access for natural persons only. Professional association (no incorporation) among natural persons permitted.

AT: Foreign bookkeepers' (who must be authorised according to the law of their home country) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 %; this applies only to non-members of the Austrian Professional Body.

CY: Access is restricted to natural persons who have obtained authorisation from the Minister of Finance. Authorisation is subject to economic needs test. The criteria used are analogous to those for granting permission for foreign investment (listed in horizontal section) as they apply to this subsector, always taking into consideration the employment situation in the subsector. Professional associations (partnerships) among natural persons is permitted. No body corporate is allowed.

3.

None

 

 

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors may be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least three years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

who have passed a qualification examination and acquired a licence of sworn auditor in accordance with requirements of the Latvian Association of Sworn Auditors; (d)

(d)

having an excellent reputation.

SI: Commercial presence should take the form of a juridical person.

 

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

FR: non-EC professionals may be permitted to provide services, by a decision of the Minister of Economics, Finance and Budget, in agreement with the Minister of Foreign Affairs. The requirement of residence cannot exceed five years.

IT: Condition of residency for ‘Ragionieri-Periti commerciali’.

AT: At the request of a consumer, bookkeepers may temporarily move into the territory of Austria in order to supply a specific service; however, as a rule natural persons supplying bookkeepers services are required to have their professional centre (commercial presence) in Austria.

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors can be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least three years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

who have passed a qualification examination and acquired a licence of sworn auditor in accordance with requirements of the Latvian Association of Sworn Auditors; (d)

(d)

having an excellent reputation.

SI: Limitations on natural persons employed by juridical persons only.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

IT: Residence requirement for ‘Ragionieri-Periti commerciali’.

PT: Residence requirement.

 

 

Unbound except for AT, BE, DE, DK, ES, LU, NL, UK, SE where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

AT, BE, DE, DK, ES, NL, UK, SE: University degree and professional qualifications and three years' experience in the sector.

AT: examination before the Austrian professional body. The employer must be member of the relevant professional body in the home country where such body exists.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

DE: Unbound for activities reserved by law in the ‘Wirtschaftsprüfer’.

Unbound except for AT, BE, DE, DK, ES, LU, NL, UK, SE as indicated in the horizontal section under (iii)

 

(c)

Taxation Advisory Services

(CPC 863 excluding representation in Court/tribunals)

1.

FR: Unbound for the drafting of legal documents.

CY: Tax agents must be duly authorised by the Minister of Finance. Authorisation is subject to an economic needs test

2.

None

1.

FR: Unbound for the drafting of legal documents.

AT: No representation before competent authorities

2.

None

 

 

3.

IT: Access for natural persons only. Professional association (no incorporation) among natural persons permitted.

FR: Provision through SEL (anonyme, à responsabilité limitée ou en commandite par actions) or SCP only.

AT: Foreign tax advisors' (who must be authorised according to the law of their home country) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 per cent; this applies only to non-members of the Austrian Professional Body.

CY: Access is restricted to natural persons who have obtained authorisation from the Minister of Finance. Authorisation is subject to economic needs test. The criteria used are analogous to those for granting permission for foreign investment (listed in horizontal section) as they apply to this subsector, always taking into consideration the employment situation in the subsector. Professional associations (partnerships) among natural persons is permitted. No body corporate is allowed.

CZ, SK: Taxation services may be provided by natural or juridical persons registered in the list of the Chamber of Tax Consultants or in the Chamber of Auditors

3.

None

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

FR: Legal advice activities and drafting of legal documents as a main activity and for the public, are reserved to the members of the regulated legal and judicial professions (17). These activities may also be exercised as a secondary activity to the principal activity by members of other regulated professions or by qualified persons.

IT: Condition of residency for ‘Ragionieri-Periti commerciali’.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

IT, PT: Residence requirement

 

 

AT: At the request of a consumer tax advisors may temporarily move into the territory of Austria in order to supply a specific service; however, as a rule natural persons supplying taxation services are required to have their professional centre (commercial presence) in Austria.

HU: Permanent residency requirement

 

 

 

Unbound except for AT, BE, DE, DK, ES, LU, NL, UK, SE where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

AT, BE, DK, ES, NL, UK, SE: University degree and professional qualifications and three years' experience in the sector.

AT: Examination before the Austrian professional body. The employer must be member of the relevant professional body in the home country where such body exists.

DE: Unbound except for consulting services related to foreign tax law, where: university degree and professional, qualifications and three years' professional experience in the sector.

Unbound except for AT, BE, DE, DK, ES, LU, NL, UK, SE where: as indicated in the horizontal section under (iii)

 

(d)

Architectural Services (CPC 8671)

1.

BE, CY, EL, IT, MT, PT, PL, SI: Unbound.

1.

BE, CY, EL, IT, MT, PT, PL: Unbound.

DE: Application of the national rules on fees and emoluments for all services which are performed from abroad.

AT: None for pure planning services

 

 

2.

None

3.

ES: Access is restricted to natural persons.

FR: Provision through SEL (anonyme, à responsabilité limitée ou en commandite par actions) or SCP only.

IT, PT: Access is restricted to natural persons. Professional associations. (no incorporation) among natural persons permitted.

CZ: Authorisation by the Czech Chamber of Architects is required. Authorisation by analogous foreign institutions may be recognized. Natural and juridical persons may provide architectural services only by authorised architects. Condition of nationality and residence is required, however exceptions might be considered.

2.

None

3.

None

 

 

LV: The practice of three years in Latvia in the field of projecting and university degree required to receive the licence enabling business activity with full range of legal responsibility and rights to sign a project

SK: Authorisation by the Slovak Chamber of Architects is required. Authorisation by analogous foreign institutions may be recognized. Natural and juridical persons may provide architectural services only by authorised architects. Condition of nationality and residence is required, however exceptions might be considered

 

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

EL: Condition of nationality.

HU: Permanent residency requirement

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

BE, DE: Use by third country qualified professionals of the professional title is only possible on the basis of mutual recognition agreements or for BE, with special authorisation by Royal Decree.

IT: Residence requirement.

 

 

Unbound except for BE, DE, DK, ES, EE, LU, NL, UK, SE where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, NL, UK, SE: University degree and professional qualifications and three years' professional experience in the sector.

EE: A university degree and five years of working experience in a related field.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

ES: Academic and professional qualifications recognized by the national authorities and licence delivered by the Professional Association. Unbound for CPC 86713, 86714, 86719.

Unbound except for BE, DE, DK, ES, EE, LU, NL, UK, SE where: as indicated in the horizontal section under (iii) and subject to the following conditions:

DE: Use by third country qualified professionals of the professional title is only possible on the basis of mutual recognition agreements.

DE: Application of the national rules on fees and emoluments for all services which are performed from abroad.

 

(e)

Engineering services

(CPC 8672)

1.

CY, EL, IT, MT, PT: Unbound.

2.

None

3.

ES: Access is restricted to natural persons.

IT, PT: Access is restricted to natural persons. Professional association (no incorporation) among natural persons permitted.

CZ: Authorisation by the Czech Chamber of Authorised Engineers is required. Authorisation by analogous foreign institutions may be recognized. Natural and juridical persons may provide engineering services only by authorised engineers. Condition of nationality and residence.

SK: Authorisation by the Slovak Chamber of Authorised Engineers is required. Authorisation by analogous foreign institutions may be recognized. Natural and juridical persons may provide engineering services only by authorised engineers. Condition of nationality and residence.

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

CY, EL, IT, MT, PT: Unbound.

AT: None for pure planning services

SI: None for pure planning services; the submission of plans for approval by the competent authorities requires co-operation with an established supplier of planning services.

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

IT, PT: Residency requirements

 

 

Unbound except for BE, DE, DK, ES, EE, NL, UK, SE as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES, NL, UK, SE: University degree and professional qualifications and three years' professional experience in the sector.

EE: Unbound except for professionals where: university degree and five years of working experience in a related field.

UK: Compliance with an economic needs test is required.

HU: Permanent residency requirement

Unbound except for BE, DE, DK, ES, EE, NL, UK, SE as indicated in the horizontal section under (iii)

 

(f)

Integrated Engineering Services

(CPC 8673)

1.

CY, EL, IT, MT, PT: Unbound.

2.

None

3.

ES: Access is restricted to natural persons.

IT, PT: Access is restricted to natural persons. Professional association (no incorporation) among natural persons permitted.

SK: Authorisation by the Slovak Chamber of Authorised Engineers is required. Authorisation by analogous foreign institutions may be recognized. Natural and juridical persons may provide engineering services only by authorised engineers. Condition of citizenship and residence is required.

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

CY, EL, IT, MT, PT: Unbound.

AT: None for pure planning services

SI: None for pure planning services; the submission of plans for approval by the competent authorities requires cooperation with an established supplier of planning services.

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

IT, PT: Residency requirements

 

 

Unbound except for BE, DE, DK, ES, EE, NL, UK, SE as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES, NL, UK, SE: University degree and professional qualifications and three years' professional experience in the sector.

EE: Unbound except for professionals where: university degree and five years of working experience in a related field.

UK: Compliance with an economic needs test is required

Unbound except for BE, DE, DK, ES, EE, NL, UK, SE as indicated in the horizontal section under (iii)

 

(g)

Urban Planning and Landscape Architectural Services

(CPC 8674)

1.

BE, CY, EL, IT, MT, PT, PL, SI: Unbound.

HU: Unbound for Landscape Architectural Services

1.

BE, CY, EL, IT, MT, PT, PL, SI: Unbound.

AT: None for pure planning services

DE: Application of the national rules on fees and emoluments for all services which are performed from abroad.

HU: Unbound for Landscape Architectural Services

 

 

2.

HU: Unbound for Landscape Architectural Services

2.

HU: Unbound for Landscape Architectural Services

 

 

3.

IT, PT: Access is restricted to natural persons. Professional association (no incorporation) among natural persons permitted.

CZ: Authorisation by the Czech Chamber of Architects is required. Authorisation by analogous foreign institutions may be recognized. Natural and juridical persons may provide architectural services only by authorised architects. Condition of nationality and residence is required, however exceptions might be considered

HU: Unbound for Landscape Architectural Services

LV: None for Urban Planning Services. For Landscape Architectural Services, three years practice in Latvia in the field of projecting and university degree required to receive the licence enabling business activity with full range of legal responsibility and rights to sign a project

SK: Authorisation by the Slovak Chamber of Architects is required. Authorisation by analogous foreign institutions may be recognized. Natural and juridical persons may provide architectural services only by authorised architects. Condition of nationality and residence is required, however exceptions might be considered

3.

HU: Unbound for Landscape Architectural Services

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

PT: Condition of nationality.

HU: Permanent residency requirement for Urban Planning Services. Unbound for Landscape Architectural Services

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

BE, DE: Use by third country qualified professionals of the professional title is only possible on the basis of mutual recognition agreements or, for BE, with special authorisation by Royal Decree.

IT: Residence requirement.

HU: Unbound for Landscape Architectural Services

 

 

Unbound except for BE, DE, DK, ES, EE, NL, UK, SE where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES, NL, UK, SE: University degree and professional qualifications and three years' professional experience in the sector.

EE: Unbound except for professionals where: university degree and five years of working experience in a related field.

UK: Compliance with an economic needs test is required

Unbound except for BE, DE, DK, ES, EE, NL, UK, SE where: as indicated in the horizontal section under (iii) and subject to the following conditions:

DE: Use by third country qualified professionals of the professional title is only possible on the basis of mutual recognition agreements.

DE: Application of the national rules on fees and emoluments for all services which are performed from abroad

 

(h)

Medical, dental and Midwifery services

(CPC 9312, 93191 (21))

1.

All Member States except CZ, HU, LV, LT, PL, SE, SI: Unbound

PL, SE: None

CZ, HU, LV, LT, SI: Unbound for midwifery services.

2.

CY, FI, MT: Unbound.

CZ, EE, HU, SI, SK: Unbound for midwifery services

1.

All Member States except CZ, HU, LV, LT, PL, SE, SI: Unbound

CZ, HU, LV, LT, SI: Unbound for midwifery services.

PL, SE: None

2.

CY, FI, MT: Unbound.

CZ, EE, HU, SI, SK: Unbound for midwifery services

 

 

3.

AT: Unbound for medical and dental services; for midwives: access restricted to natural persons only.

DE: Access restricted to natural persons only. Economic needs test for medical doctors and dentists who are authorised to treat members of public insurance schemes. The criterion is shortage of doctors and dentists in the given region.

CY, EE, MT: Unbound

CZ, SK: Access to medical and dental services is restricted to natural persons only. Authorisation by the Ministry of Health required for foreign natural persons. Unbound for midwifery services.

ES: Access restricted to natural persons only.

HU: Unbound for midwifery services.

3.

AT: Unbound for medical and dental services

CY, EE, FI, MT: Unbound

CZ, HU, SI, SK: Unbound for midwifery services

EE: Unbound for midwifery services. For Medical and dental Services, unbound except any professionals trained outside Estonia are required to present a certificate of auxiliary training courses of Tartu University. This requirement also applies to Estonian nationals trained abroad

LT: Must communicate in Lithuanian language (refers to persons employed by a company).

 

 

IT, PT: Access is restricted to natural persons only. Professional association (no incorporation) among natural persons permitted.

IE: Access through partnership or natural persons only.

SE: Needs test applied to decide the number of private practices to be subsidised though the public insurance scheme.

 

 

 

UK: Establishment for doctors under the National Health Service is subject to medical manpower planning.

FR: Provision through SEL (anonyme, à responsabilité limitée ou en commandite par actions) or SCP only.

LV: None for midwifery services. For medical and dental services, nationality requirement. Practice of medical profession by foreigners requires the permission from local health authority, based on economic needs for medical doctors and dentists in a given region.

 

 

 

LT: For medical and dental services none, except supply of service is subject to authorisation which is based on a health services plan established in function of needs, taking into account the population and already existing medical and dental services. For midwifery services, access limited to sole proprietorship only and economic needs test may be applied

PL: Nationality requirement. Practice of medical profession by foreigners requires the permission except for midwives.

SI: Membership of Doctors Association r required. Conditions for acceptance into Doctors Association for doctors who are not Slovenian nationals is licence to practice in an another Member and have a good command of the Slovenian language (22). Unbound for midwifery services

 

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

AT: Unbound except for midwives

DK: Limited authorisation to fulfil a specific function can be given for maximum 18 months.

CY, FI, MT: Unbound.

PT: Condition of nationality.

FR: Condition of nationality. However, access is possible within annually established quotas.

DE: Condition of nationality for doctors and dentists which can be waived on an exceptional basis in cases of public health interest.

CZ, EE, HU, SI, SK: Unbound for Midwives Services

LV: For medical and dental services, nationality requirement. Practise of medical profession by foreigners requires the permission from local health authority, based on economic needs for medical doctors and dentists in a given region. For midwives services, access restricted to natural persons only. Economic needs determined by the total number of midwives in the given region, authorised by local health authorities

PL: Nationality requirement. Practise of medical profession by foreigners requires the permission except for midwives.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

AT: Unbound for doctors and dentists.

DK: Residence requirement in order to obtain necessary individual authorisation from the National Board of Health.

CY, FI, MT: Unbound.

IT: Residence requirement.

CZ, SK: Condition of residence for medical and dental services. Unbound for midwives services. Unbound for midwives services

EE, HU, SI: Unbound for Midwives Services

LV, PL: Foreign medical doctors have limited election rights within the professional chambers

LT: Foreigners must pass additional qualification exam

 

 

Unbound except for BE, DE, DK, ES, as indicated in the horizontal section under (iii) and subject to the above conditions and the following specific limitations:

BE, DE, DK, ES: University degree and professional qualifications and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

DE: Condition of nationality for doctors and dentists which can be waived on an exceptional basis in cases of public health interest.

Unbound except for BE, DE, DK, ES, as indicated in the horizontal section under (iii)

 

(i)

Veterinary services

(CPC 932)

1.

All Member States except FI, LU, LT, PL, SE, UK: Unbound

FI, LU, LT, PL, SE: None.

UK: unbound except for veterinary laboratory and technical services supplied to veterinary surgeons, general advice, guidance and information e.g.: nutritional, behavioural and pet-care

2.

CY, EE, HU, MT, SI: Unbound

1.

All Member States except FI, LU, LT, PL, SE, UK: Unbound

FI, LU, LT, PL, SE: None.

UK: unbound except for veterinary laboratory and technical services supplied to veterinary surgeons, general advice, guidance and information e.g.: nutritional, behavioural and pet-care

2.

CY, EE, HU, MT, SI: Unbound

 

 

3.

AT, CY, EE, HU, MT, SI: Unbound.

DE, DK, ES, PT: Access restricted to natural persons.

IT: Access restricted to natural persons. Professional associations (no incorporation) among natural persons permitted.

IE, UK: Access through partnership or natural persons only.

FR: Provision through SEL (anonyme, à responsabilité limitée ou en commandite par actions) or SCP only.

CZ, SK: Access is restricted to natural persons only. Authorisation by veterinary administration is required.

PL: Nationality requirement. Foreign persons may apply for permission to practice.

3.

AT, CY, EE, HU, MT, SI: Unbound

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CZ, DE, FR, EL, PT, SK: Condition of nationality.

PL: Nationality requirement. Foreign persons may apply for permission to practice

AT, CY, EE, HU, MT, SI: Unbound.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

AT, CY, EE, HU, MT, SI: Unbound.

IT, CZ, SK: Residence requirement.

LT: Foreigners must pass additional qualification exam.

 

 

Unbound except for BE, DK, ES, as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DK, ES: University degree and professional qualifications and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

Unbound except for BE, DK, ES, as indicated in the horizontal section under (iii)

 

(j)

Services provided by nurses, physiotherapists and paramedical personnel

(CPC 93191 (23), except for AT where the following activities of CPC 9319 are covered: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians, psychologists and psychotherapists)

1.

Unbound except for FI, LU, PL and SE: None

2.

CY, CZ, EE, HU, MT, SI, SK: Unbound

3.

CY, CZ, EE, HU, MT, SI, SK: Unbound

ES, PT: Nurses — access restricted to natural persons.

IT: Nurses — access restricted to natural persons. Professional associations (no incorporation) among natural persons permitted.

FR: Provision through a SEL (anonyme, à responsabilité limitée, ou en commandite par actions) or SCP only.

AT: Access restricted to natural persons only except for psychologists and psychotherapists: none.

SE: Needs test applied to decide the number of private practices to be subsidised through the public insurance scheme.

LT: Access limited to sole proprietorship only. Economic needs test may be applied.

PL: Nationality requirement.

1.

Unbound except for FI, LU, PL and SE: None.

2.

CY, CZ, EE, HU, MT, SI, SK: Unbound

3.

CY, CZ, EE, HU, MT, SI, SK: Unbound

LT: None except as under market access

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

DK: Limited authorisation to fulfil a specific function can be given for maximum 18 months

PT: Condition of nationality

IT: Subject to economic needs test: decision is subject to regional vacancies and shortages

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

DK: Residence requirement in order to obtain necessary individual authorisation from the National Board of Health.

CY, CZ, EE, HU, MT, SI, SK: Unbound

 

 

AT: natural persons, except nurses, psychologists and psychotherapists may establish a professional practice in Austria provided that the person concerned has practised the profession in question at least three years preceding the setting up of the professional practice in Austria

LV: access restricted to natural persons only. Economic needs determined by the total number of nurses in the given region, authorised by local health authorities

PL: Nationality requirement in the case of midwives and nurses

CY, CZ, EE, HU, MT, SI, SK: Unbound.

 

 

 

Unbound except for BE, DE, DK, ES, as indicated in the horizontal section under (iii) and subject to the above conditions and the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge, professional qualifications and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK, ES, as indicated in the horizontal section under (iii)

 

Pharmacists (retail distribution of pharmaceutical goods - part of CPC 63211)

1.

Unbound

2.

AT, CY, CZ, EE, FI, HU, LT, LV, MT, PL, SE, SI, SK: Unbound

1.

Unbound

2.

AT, CY, CZ, EE, FI, HU, LT, LV, MT, PL, SE, SI, SK: Unbound

 

 

3. (24)

AT, CY, CZ, EE, FI, HU, LV, LT, MT, PL, SE, SI, SK: Unbound

DE, DK, ES, EL, IT (25), LU, NL, PT: Access restricted to natural persons only.

BE, DK, ES, FR, EL, IT, LU, PT: Degree of pharmacist required.

BE, DE, DK, ES, FR, IT, IE, PT: Economic needs test applied.

FR: On a national treatment basis access through a SEL (anonyme, à responsabilité limitée ou en commandite par actions) SNC and SARL only.

3.

AT, CY, CZ, EE, FI, HU, LT, MT, PL, SE, SI, SK: Unbound

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the specific conditions:

AT, CY, CZ, EE, FI, HU, LV, LT, MT, PL, SE, SI, SK: Unbound

FR: Condition of nationality. However, within established quotas, access for third country nationals is possible provided the service provider holds the French degree in pharmacy.

DE, EL: Condition of nationality.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the specific conditions

AT, CY, CZ, EE, FI, HU, LV, LT, MT, PL, SE, SI, SK: Unbound

IT, PT: Residence requirement

 

 

Unbound except for BE, DK, ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DK, ES: University degree and professional qualifications and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

Unbound except for BE, DK, ES as indicated in the horizontal section under (iii)

 

B.

Computer and Related Services

 

 

 

(a)

Consultancy Services related to the Installation of Computer Hardware

(CPC 841)

(b)

Software Implementation Services

(CPC 842)

(c)

Data Processing Services (CPC 843)

(d)

Data Base Services

(CPC 844) Maintenance and Repair (CPC 845)

(e)

Other Computer Services (CPC 849

1.

None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

Unbound except for BE, DE, DK, ES, EL, IT, LU, NL, SE where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

IT, NL: Unbound, except for computer scientists, systems analysts, programmers, software document analysts and field engineers where: university degree and three years' professional experience in the sector.

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge, and three years professional experience in the sector.

SE: University degree and three years professional experience in the sector.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

IT: Compliance with an economic needs test is required.

EL: Unbound, except for computer scientists, systems analysts, programmers, software document analysts where: university degree and five years' professional experience in the sector.

Unbound except for BE, DE, DK, ES, EL, IT, LU, NL, SE where: as indicated in the horizontal section under (iii)

 

C.

Research and Development Services

(a)

R & D services on natural sciences

(All Member States except LV: CPC 851. LV: only experimental development services on chemistry and biology-CPC 85102)

1, 2 and 3. None except for CY, CZ, FR, IE, LT, MT, PL, SK: unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CY, CZ, FR, IE, LT, MT, PL, SK: Unbound

1, 2 and 3. None except for CY, CZ, FR, IE, LT, MT, PL, SK: unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CY, CZ, FR, IE, LT, MT, , PL, SK: Unbound

 

 

Unbound except for BE, DE, DK, ES and FR where concerning the temporary entry of researchers as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES, SE: University degree or equivalent technical qualification demonstrating knowledge, and three years professional experience in the sector.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

FR:

The researchers are in possession of an employment contract from a research body.

The work permit is delivered for a period not exceeding nine months renewable for the duration of the contract.

Compliance with an economic needs test is required.

The research body must pay a tax to the International Migration Office.

Unbound except for BE, DE, DK, ES and FR where concerning the temporary entry of researchers as indicated in the horizontal section under (iii)

 

 

For HU only: Personalities of internationally recognized reputation who have been invited by scientific research institutes for the duration of the invitation.

 

 

(b)

R & D services on social sciences and humanities

(CPC 852)

1.

None

2.

None

3.

IT: Access to the profession of psychologist is restricted to natural persons only. Professional association (no incorporation) among natural persons is permitted.

PT: Access to the profession of psychologist is restricted to natural persons only.

1.

None

2.

None

3.

None

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

IT, PT: Residence requirement for psychologists

 

 

Unbound except for BE, DE, DK, ES, FR and LU where concerning the temporary entry of researchers as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge, and three years professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

The researchers are in possession of an employment contract from a research body.

The work permit is delivered for a period not exceeding nine months renewable for the duration of the contract.

Compliance with an economic needs test is required.

The research body must pay a tax to the International Migration Office.

Unbound except for BE, DE, DK, ES, FR and LU where concerning the temporary entry of researchers as indicated in the horizontal section under (iii)

 

 

For HU only: Personalities of internationally recognized reputation who have been invited by scientific research institutes for the duration of the invitation.

 

 

(c)

Interdisciplinary R & D services (CPC 853)

1, 2 and 3. None except for CY, CZ, FR, IE, LT, LV, MT, PL, SK: unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CY, CZ, EE, IE, LT, LV, MT, PL, SK: Unbound

1, 2 and 3. None except for CY, CZ, FR, IE, LT, LV, MT, PL, SK: unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CY, CZ, EE, IE, LT, LV, MT, PL, SK: Unbound

 

 

Unbound except for BE, DE, DK, ES and FR where concerning the temporary entry of researchers as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge, and three years professional experience in the sector.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

FR:

The researchers are in possession of an employment contract from a research body.

The work permit is delivered for a period not exceeding nine months renewable for the duration of the contract.

Compliance with an economic needs test is required.

The research body must pay a tax to the International Migration Office.

Unbound except for BE, DE, DK, ES and FR where concerning the temporary entry of researchers as indicated in the horizontal section under (iii)

 

 

For HU only: Personalities of internationally recognised reputation who have been invited by scientific research institutes for the duration of the invitation.

 

 

D.

Real Estate Services (26)

(a)

Involving own or leased property

(CPC 821)

1.

CY, CZ, EE, HU, IE, LV, LT, MT, PL, SK, SI: Unbound.

2.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

3.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

ES: Access through natural persons, partnership or ‘sociedad en comandita’ only.

1.

CY, CZ, EE, HU, IE, LV, LT, MT, PL, SK, SI: Unbound.

2.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

3.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

IT, PT: Residence requirement.

 

(b)

On a fee or contract basis (e.g. property evaluation, estate management, etc.) (CPC 822)

1.

CY, CZ, EE, HU, IE, LV, LT, MT, PL, SK, SI: Unbound.

2.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

3.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

ES: Access is restricted to natural persons.

1.

CY, CZ, EE, HU, IE, LV, LT, MT, PL, SK, SI: Unbound.

2.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

3.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

DK: Authorisation for authorised estate agent may limit the scope of activity.

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

DK: Authorised estate agent: Residence requirement unless waived by the Danish Commerce and Companies Agency. Unauthorised estate agent: Residence requirement unless waived by the Danish Commerce and Companies Agency.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

DK: Authorised and unauthorised estate agent: Residence requirement unless waived by the Danish Commerce and Companies Agency.

IT, PT: Residence requirement.

 

E.

Rental/leasing services without operators

(a)

Relating to ships

(CPC 83103)

1.

FR: Chartering of all ships is subject to prior notification.

CY, HU, MT, PL: Unbound

2.

CY, MT, PL: Unbound

FR: Chartering of all ships is subject to prior notification.

3.

CY, MT, PL: Unbound

FR: Chartering of all ships is subject to prior notification.

SE: To fly the Swedish flag proof of dominating Swedish operating influence must be shown in case of foreign ownership interests in ships.

LT: Ships must be owned by Lithuanian natural persons or companies established in Lithuania

1.

CY, MT, PL: Unbound

2.

CY, MT, PL: Unbound

3.

CY, MT, PL: Unbound

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, MT, PL: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, MT, PL: Unbound

 

(b)

Relating to aircraft

(CPC 83104)

1.

CY, CZ, HU, LV, MT, PL, SK: Unbound

2.

All Member States except CY, CZ, LV, MT, PL, SK: Aircraft used by Community air carriers have to be registered in the Member State licensing the air carrier or elsewhere in the Community. Waivers can be granted for short term lease contracts or under exceptional circumstances.

CY, CZ, LV, MT, PL, SK: Unbound

1.

CY, CZ, LV, MT, PL, SK: Unbound

2.

CY, CZ, LV, MT, PL, SK: Unbound

 

 

3.

All Member States except CY, CZ, LV, MT, PL, SK: To be registered in the aircraft register of these Member States, the aircraft must be owned either by natural persons meeting specific nationality criteria or by legal persons meeting specific criteria regarding ownership of capital and control (including nationality of directors).

CY, CZ, LV, MT, PL, SK: Unbound

3.

CY, CZ, LV, MT, PL, SK: Unbound

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, LV, MT, PL, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, LV, MT, PL, SK: Unbound

 

(c)

Relating to other transport equipment (CPC 83101, 83102, 83105)

1.

CY, HU, LV, MT, PL, SI: Unbound

2.

CY, LV, MT, PL, SI: Unbound

3.

CY, LT, LV, MT, PL, SI: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, LT, LV, MT, PL, SI: Unbound

1.

CY, LV, MT, PL, SI: Unbound

2.

CY, LV, MT, PL, SI: Unbound

3.

CY, LT, LV, MT, PL, SI: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, LT, LV, MT, PL, SI: Unbound

 

(d)

Relating to other machinery and equipment

(CPC 83106, 83107, 83108, 83109)

1)

CY, CZ, HU, LV, MT, PL, SK: Unbound

2)

CY, CZ, LV, MT, PL, SK: Unbound

3)

CY, CZ, LV, MT, PL, SK: Unbound

4)

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, LV, MT, PL, SK: Unbound

1.

CY, CZ, LV, MT, PL, SK: Unbound

2.

CY, CZ, LV, MT, PL, SK: Unbound

3.

CY, CZ, LV, MT, PL, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, LV, MT, PL, SK: Unbound

 

(e)

Other (CPC 832)

EE, LV, LT: Including pre-recorded video-cassettes for use in home entertainment equipment (CPC 83202)

1.

All Member States except EE, LV, LT: Unbound

EE, LT, LV: None

2.

All Member States except EE, HU, LV, LT: Unbound

EE, HU, LV, LT: None

3.

All Member States except EE, HU, LV, LT: Unbound

EE, HU, LV, LT: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

All Member States except for EE, HU, LV, LT: Unbound

EE, HU, LV, LT: Unbound except as indicated in the horizontal section

1.

All Member States except EE, HU, LV, LT: Unbound

EE, HU, LV, LT: None

2.

All Member States except EE, HU, LV, LT: Unbound

EE, HU, LV, LT: None

3.

All Member States except EE, HU, LV, LT: Unbound

EE, HU, LV, LT: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

All Member States except for EE, HU, LV, LT: Unbound

EE, HU: Unbound except as indicated in the horizontal section

LV, LT: None

 

Rental services with operators

Rental of vessels with crew

(CPC 7213, 7223)

1.

FR: Chartering of all ships is subject to prior notification.

AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SK, SI: Unbound.

2.

FR: Chartering of all ships is subject to prior notification.

AT, CY, EE, HU, MT, PL, SE, SI, SK: Unbound.

3.

FR: Chartering of all ships is subject to prior notification.

AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SK, SI: Unbound.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following conditions:

CY, EE, HU, LT, MT, PL, SE, SI, SK: Unbound.

1.

AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SK, SI: Unbound.

2.

AT, CY, EE, HU, LV, MT, PL, SE, SI, SK: Unbound.

3.

AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SK, SI: Unbound.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following conditions:

CY, EE, HU, LT, MT, PL, SE, SI, SK: Unbound

 

Rental of commercial road vehicles with operator

(CPC 7124)

1.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

2.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

3.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following conditions:

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

1.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

2.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

3.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following conditions:

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

 

F.

Other business services

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

(a)

Advertising (All Member States except PL, SI: CPC 871;

PL: CPC 871 excluding advertising of tobacco products, alcoholic beverages, pharmaceuticals;

SI: CPC 8711 (27) and 8712 (27), excluding direct mail advertising, outdoor advertising and excluding for goods subject to import authorisation and excluding pharmaceutical)

 

 

 

 

Unbound except for BE, DE, DK, ES, EL, IT, LU, UK, SE as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES, IT, UK, SE: Relevant qualifications and three years' professional experience.

IT, UK: Compliance with an economic needs test is required.

EL: Relevant qualifications and five years' professional experience.

Unbound except for BE, DE, DK, ES, EL, IT, LU, UK, SE as indicated in the horizontal section under (iii)

 

(b)

Market research and opinion polling

(CPC 864)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the above conditions and the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

(c)

Management consulting services

(CPC 865)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

Unbound except for BE, DE, DK, ES, EE, IT, LU, LV, UK, SE as indicated in the horizontal section under (iii) and subject to the following specific limitations:

IT, UK: Unbound except for managers and senior consultants where: university degree and three years' professional experience.

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge, and three years professional experience in the sector.

EE, LV: Unbound except for professionals where:

university degree and five years of working experience in a related field.

SE: University degree and three years professional experience in the sector.

IT, UK: Compliance with an economic needs test is required.

Unbound except for BE, DE, DK, ES, EE, IT, LU, LV, UK, SE as indicated in the horizontal section under (iii)

 

(d)

Services related to management consulting (CPC 866)

1, 2 and 3. HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU: Unbound

1, 2 and 3. HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU: Unbound

 

 

Unbound except for BE, DE, DK, ES, EE, IT, LU, LV, UK, SE as indicated in the horizontal section under (iii) and subject to the following specific limitations:

IT, UK: Unbound except for managers and senior consultants where: university degree and three years' professional experience.

EE, LV: Unbound except for professionals where: university degree and five years of working experience in a related field.

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge, and three years professional experience in the sector.

SE: University degree and three years professional experience in the sector.

IT, UK: Compliance with an economic needs test is required.

Unbound except for BE, DE, DK, ES, EE, IT, LU, LV, UK, SE as indicated in the horizontal section under (iii)

 

(e)

Technical testing and analysis services

(CPC 8676)

1.

IT: Unbound for the profession of biologist and chemical analyst.

CY, CZ, MT, PL, SK, SE: Unbound

2.

CY, CZ, MT, PL, SK, SE: Unbound

1.

IT: Unbound for the profession of biologist and chemical analyst.

CY, CZ, MT, PL, SK, SE: Unbound

2.

CY, CZ, MT, PL, SK, SE: Unbound

 

 

3.

ES: Access for chemical analysis through natural persons only.

IT: Access for the profession of biologist and chemical analyst through natural persons only. Professional association (no incorporation) among natural persons is permitted.

PT: Access for the profession of biologist and chemical analyst through natural persons only.

CY, CZ, MT, PL, SK, SE: Unbound

3.

CY, CZ, MT, PL, SK, SE: Unbound

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, MT, PL, SK, SE: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

IT, PT: Residence requirements for biologist and chemical analyst.

CY, CZ, MT, PL, SK: Unbound

 

 

Unbound except for BE, DE, DK, ES, EE, LU, UK, SE as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES, UK, SE: University degree or technical qualifications demonstrating knowledge and three years' professional experience.

EE: Unbound except for professionals where: university degree and five years of working experience in a related field.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

UK: Compliance with an economic needs test is required

Unbound except for BE, DE, DK, ES, EE, LU, UK, SE as indicated in the horizontal section under (iii)

 

(f)

Advisory and consulting services relating to agriculture, hunting and forestry (SE: excluding hunting)

HU: part of CPC 881

LV, LT, PL: services incidental to agriculture, hunting and forestry (CPC 881)

1.

IT: Unbound for activities reserved to agronomist and ‘periti agrari’.

2.

None

3.

ES: Access for agronomist and engineers in forestry is restricted to natural persons.

PT: Access for agronomist is restricted to natural persons

1.

IT: Unbound for activities reserved to agronomist and ‘periti agrari’.

2.

None

3.

None

 

 

IT: Access for agronomist and ‘periti agrari’ restricted to natural persons. Professional association (no incorporation) among natural persons is permitted.

 

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

IT, PT: Residence requirement for agronomists

 

 

Unbound except for BE, DE, DK and ES as indicated in the horizontal section under (iii) and subject to the above conditions and the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK and ES as indicated in the horizontal section under (iii)

 

(g)

Advisory and consulting services relating to fishing

1, 2 and 3. CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound

1, 2 and 3. CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound

 

 

Unbound except for BE, DE, DK and ES as indicated in the horizontal section under (iii) and subject to the above conditions and the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

Unbound except for BE, DE, DK and ES as indicated in the horizontal section under (iii)

 

(h)

Services relating to mining

1.

None

2.

None

3.

ES, PT: Access for mining engineers is restricted to natural persons.

LT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

FI: The right to seek, claim and exploit a deposit is limited to natural persons resident within the EEA. Exemptions to the residency-requirement are granted by the Ministry of Trade and Industry.

LT: Unbound

1.

None

2.

None

3.

LT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

PT: Residence requirement

LT: Unbound

 

 

Unbound except for BE, DE, DK and ES as indicated in the horizontal section under (iii) and subject to the above conditions and the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

FI: The right to seek, claim and exploit a deposit is limited to natural persons resident within the EEA. Exemptions to the residency requirement are granted by the Ministry of Trade and Industry

Unbound except for BE, DE, DK and ES, as indicated in the horizontal section under (iii)

 

(i)

Services incidental to manufacturing

EE: consulting services relating to manufacturing (part of CPC 884 and part of 885 except for 88442)

HU consulting services relating to manufacturing (part of CPC 884 and part of CPC 885)

1.

All Member States except EE, HU: Unbound

EE, HU: None

2.

All Member States except EE, HU: Unbound

EE, HU: None

3.

All Member States except EE, HU: Unbound

EE, HU: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

All Member States except EE, HU: Unbound

EE, HU: Unbound except as indicated in the horizontal section

1, All Member States except EE, HU: Unbound

EE, HU: None

2.

All Member States except EE, HU: Unbound

EE, HU, : None

3.

All Member States except EE, HU: Unbound

EE, HU: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

All Member States except EE, HU: Unbound

EE, HU: Unbound except as indicated in the horizontal section

 

(j)

Services incidental to energy distribution

(LV: CPC 887.

HU: only consultancy services, ex CPC 887.

1, 2 and 3. All Member States except HU, LV, LT, SI: Unbound

HU, LV, LT, SI: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

All Member States except HU, LV, LT, SI: Unbound

HU, LT, LV, SI: Unbound except as indicated in the horizontal section

1, 2 and 3. All Member States except HU, LV, LT, SI: Unbound

HU, LV, LT, SI: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

All Member States except HU, LV, LT, SI: Unbound

HU, LT and SI: Unbound except as indicated in the horizontal section

LV: None

 

LT: Covers consultancy services related to the transmission and distribution on a fee basis of electricity, gaseous fuels, steam and hot water to household, industrial, commercial and other users - CPC 887 (28)

SI: Services Incidental to energy distribution - for gas only (29) — part of CPC 887)

 

 

 

(k)

Placement and supply services of personnel

Executive search services

(CPC 87201)

1.

AT, DE, ES, FI, IE, PT, SE, CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound.

2.

AT, FI, CY, CZ, EE, LV, LT, MT, PL, SK, SI Unbound

3.

AT, DE, FI, PT, CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound

ES: State monopoly.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK, SI: Unbound

1.

AT, DE, ES, FI, IE, PT, SE, CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound.

2.

AT, FI, CY, CZ, EE, LV, LT, MT, PL, SK, SI Unbound

3.

AT, DE, FI, PT, CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK, SI: Unbound

 

Placement services

(CPC 87202)

1.

All Member States except HU: Unbound

HU: None

2.

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK: Unbound

3.

AT, CY, CZ, EE, FI, LV, LT, MT, PL, PT, SK: Unbound

DE: Subject to a mandate given to the service supplier by the competent authority. The mandate will be granted in function of the situation and development of the labour market.

BE, FR, ES, IT: State monopoly.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK: Unbound

1.

All Member States except HU: Unbound

HU: None

2.

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK: Unbound

3.

AT, CY, CZ, EE, FI, LV, LT, MT, PL, PT, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK: Unbound

 

Supply services of office support personnel

(CPC 87203)

1.

AT DE, FR, IT, IE, NL, PT, SK: Unbound.

2.

AT, FI, SK: Unbound

3.

AT, DE, FI, PT, SK: Unbound

IT: State monopoly.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

AT, FI, SK: Unbound

1.

AT, DE, FR, IT, IE, NL, PT, SK: Unbound.

2.

AT, FI, SK: Unbound

3.

AT, DE, FI, PT, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

AT, FI, SK: Unbound

 

l.

Security services

(CPC 87302, 87303, 87304, 87305)

1.

BE, CY, CZ, ES, EE, FR, IT, LV, LT, MT, PT, PL, SI, SK: Unbound.

2.

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound

3.

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound.

ES: Access through Sociedades Anonimas, Sociedades de Responsabilidad Limitada, Sociedades Anonimas Laborales and Sociedades Cooperativas only. Access is subject to prior authorisation. In granting the authorisation, the Council of Ministers takes into account conditions such as competence, professional integrity and independence, adequacy of the protection provided for the security of the population and the public order.

DK: Unbound for airport guard services. Requirement to be a national legal person. Access is subject to prior authorisation. In granting the authorisation, the Ministry of Justice takes into account conditions such as competence, professional integrity and independence, experience and good reputation of the firm seeking establishment.

1.

BE, CY, CZ, ES, EE, FR, IT, LV, LT, MT, PT, PL, SI, SK: Unbound.

2.

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound

3.

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound.

DK: Requirement of residence and nationality for majority of members of the board and for managers. Unbound for airport guard services.

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

DK: Unbound for airport guard services. Nationality requirement for managers.

FR: Requirement of nationality for managing directors and directors.

BE: Condition of nationality for management personnel.

ES, PT: Nationality requirement for specialized personnel.

IT: Nationality requirement in order to obtain necessary authorisation for security guard services and the transport of valuables.

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

DK: Unbound for airport guard services. Residence requirement for managers.

BE: Residence requirement for management personnel.

IT: Residence requirement in order to obtain necessary authorisation for security guard services and the transport of valuables.

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound

 

(m)

Related scientific and technical consulting services (30) (CPC 8675)

1.

None except FR: Unbound for exploration services.

2.

None

1.

FR: Unbound for exploration services.

DE: Application of the national rules on fees and emoluments for all surveying services which are performed from abroad.

2.

None

 

 

3.

FR: ‘Surveying’: Access through a SEL (anonyme, à responsabilité limitée ou en commandite par actions), SCP, SA and SARL only.

IT: For certain exploration services activities related to mining (minerals, oil, gas, etc.), exclusive rights may exist.

ES: Access to profession of surveyors and geologists through natural persons only.

PT: Access restricted to natural persons.

IT: Access to profession of surveyors and geologists through natural persons only. Professional association (no incorporation) among natural persons permitted

3.

FR: ‘Exploration and prospection services’ subject to authorisation.

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

DE: Conditions of nationality for publicly appointed surveyors.

FR: ‘Surveying’ — operations relating to the establishment of property rights and to land law are reserved for EC ‘experts-géomètres’.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

IT, PT: Residence requirement.

 

 

Unbound except for BE, DE, DK, ES, EE as indicated in the horizontal section under (iii) and subject to the above conditions and the following specific limitations:

BE, DE, DK, ES: University degree and professional qualifications and three years' professional experience in the sector.

EE: Unbound except for professionals where: university degree and five years working experience in a related field.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

DE: Conditions of nationality for publicly appointed surveyors.

Unbound except for BE, DE, DK, ES, EE as indicated in the horizontal section under (iii) and subject to the following conditions:

DE: Application of the national rules on fees and emoluments for all services which are performed from abroad.

 

(n)

Maintenance and repair of equipment

(not including maritime vessels, aircraft or other transport equipment)

(All Member States except EE, LT, LV: CPC 633, 8861, 8866. EE, LT, LV: 633, 8861-8866)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

Unbound except for BE, DE, DK and ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK and ES as indicated in the horizontal section under (iii)

 

(o)

Building-cleaning services (CPC 874)

1.

Unbound (31)

2.

3) None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

Unbound (31)

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

(p)

Photographic services

(CPC 875. All Member States excluding CZ, EE, LV, PL: excluding retail. PL: excluding aerial photography)

1.

All Member States except EE, HU, LV, LT, PL: Unbound except for aerial photography: none

EE, HU, LV, LT, PL: None

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

All Member States except CZ, HU, LV, LT, PL: Unbound except for aerial photography: none

CZ, HU, LV, LT, PL: None

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

Unbound except for BE, DE, DK and ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK and ES as indicated in the horizontal section under (iii)

 

(q)

Packaging services

(CPC 876)

1.

Unbound (32)

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

Unbound

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

(r)

Printing and Publishing

(CPC 88442)

1 and 2. None

3.

IT: Foreign participation in publishing companies limited to 49 % of capital or of voting rights.

LT: Establishment rights in publishing sector granted only to Lithuanian incorporated legal persons.

LV: Establishment rights in publishing sector granted only to Latvian incorporated legal persons

PL: Nationality requirement for the editor-in-chief of newspapers and journals.

SK: Establishment rights in publishing sector granted only to Slovak incorporated legal persons

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

PL: Nationality requirements for the editor-in-chief of newspapers and journals.

1 and 2. None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

(s)

Convention services

(AT: only exhibition management services)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

Unbound except for BE, DE, DK and ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK and ES as indicated in the horizontal section under (iii)

 

(t)

Other

 

 

 

Translation Services

(CPC 87905)

(HU: except official translation. PL: excluding services of sworn interpreters. SK: except authorised public translation and interpretation)

1 and 2. None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

DK: Authorised public translators and interpreters: Citizenship condition unless waived by the Danish Commerce and Companies Agency.

1 and 2. None

3.

DK: Authorisation for authorised public translators and interpreters may limit the scope of activity.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

DK: Authorised public translators and interpreters: residence requirement unless waived by the Danish Commerce and Companies Agency.

 

 

Unbound except for BE, DE, DK, ES, EL, IT, IE, UK, SE as indicated in the horizontal section under (iii) and subject to the following specific limitations:

EL: Relevant qualifications and five years' professional experience.

IT, IE, SE, UK: Relevant qualifications and three years' professional experience.

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge, and three years professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

IT, UK: Compliance with an economic needs test is required.

Unbound except for BE, DE, DK, ES, EL, IT, IE, UK, SE as indicated in the horizontal section under (iii)

 

Interior design services

(CPC 87907) (33)

1.

None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

DE: Application of the national rules on fees and emoluments for all services which are performed from abroad.

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

II.

SECTOR-SPECIFIC COMMITMENTS

2.

Communication services

 

 

 

Postal and courier services (34)

Services relating to the handling (35) of postal items (36) according to the following list of sub-sectors, whether for domestic or foreign destinations.

Sub-sectors (i), (iv) and (v) may be excluded when they fall into the scope of the services which may be reserved, which is: for items of correspondence the price of which is less than five times the public

basic tariff, provided that they weigh less than 350 grams (37), plus the registered mail service used in the course of judicial or administrative procedures.

1, 2 and 3. All Member States except CY, CZ, EE, HU, LT, LV, MT, PL, SK, SI: Licensing systems may be established for subsectors (i) to (v) for which a general universal service obligation exists. These licences may be subject to particular universal service obligations and/or financial contribution to a compensation fund.

CY, HU, LV, MT, SI: Unbound.

EE, LT: Unbound except for (v): None

PL: Unbound except for (v): None, excluding written correspondence (e.g. letters).

CZ, SK: Unbound except for (v) under mode 2 and 3: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, HU, LV, MT, SI: Unbound

CZ, EE, LT, PL, SK: Unbound except for (v) where unbound except as indicated in the horizontal section under (i) and (ii) (PL: excluding written correspondence, e.g. letters)

1, 2 and 3. All Member States except CY, CZ, EE, HU, LT, LV, MT, PL, SK, SI: None

CY, HU, LV, MT, SI: Unbound.

EE, LT,: Unbound except for (v): None

PL: Unbound except for (v): None, excluding written correspondence (e.g. letters).CZ, SK: Unbound except for (v) under

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, HU, LV, MT, SI: Unbound

CZ, EE, LT, PL, SK: Unbound except for (v) where unbound except as indicated in the horizontal section under (i) and (ii) (PL: excluding written correspondence, e.g. letters)

mode 2 and 3: None

Independent national regulatory authorities have been established to ensure compliance with postal regulation and to deal with conflicts between commercial partners (public or private). The right to a postal universal service is ensured.

(i)

Handling of addressed written communications on any kind of physical medium (38), including

Hybrid mail service

Direct mail

(ii)

Handling of addressed parcels and packages (39)

(iii)

Handling of addressed press products (40)

(iv)

Handling of items referred to in (i) to (iii) above as registered or insured mail

(v)

Express delivery services (41) for items referred to in (i) to (iii) above

(vi)

Handling of non-addressed items

(vii)

Document exchange (42)

(viii)

Other services not elsewhere specified

 

 

 

2.C.

Telecommunications services

 

 

 

Telecommunications services are the transport of electro-magnetic signals - sound, data image and any combinations thereof, excluding broadcasting (43). Therefore, commitments in this schedule do not cover the economic activity consisting of content provision which require telecommunications services for its transport. The provision of that content, transported via a telecommunications service, is subject to the specific commitments undertaken by the Community and its Member States in other relevant sectors.

Domestic and international

Domestic and international services provided using any network technology, on a facilities based or resale basis, for public and non-public use, in the following market segments (these correspond to the following CPC numbers: 7521, 7522, 7523, 7524 (44), 7525, 7526 and 7529 (44), broadcasting is excluded):

 

 

 

(a)

Voice telephone services

(b)

Packet switched data transmission services

1 and 2. PL: For telecommunications services provided using cable television and radio network services: Unbound

3.

PL: For telecommunications services provided using cable television and radio network services: The limitation of foreign capital and voting rights is 49 %.

SI: Foreign participation may not exceed 99 % of the equity. Licence for operation granted is subject to obligations of value-added telecommunication service providers, to use basic telecommunications network.

1, 2 and 3. None

BE: Licensing conditions may address the need to guarantee universal service, including through financing, in a transparent, non-discriminatory and competitively neutral manner and

will not be more burdensome than necessary.

(c)

Circuit-switched data transmissions services

(d)

Telex services

(e)

Telegraph services

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

(f)

Facsimile services

(g)

Leased circuit services

(h)

Electronic mail

 

 

 

(i)

Voice mail

(j)

On-line information and database retrieval

 

 

 

(k)

Electronic data interchange (EDI)

(l)

Enhanced/value added facsimile services, including store and forward, store and retrieve

(m)

Code and protocol conversion

 

 

 

(o)

Other services: mobile and personal communications services and systems

1 and 2. For paging: Unbound except pan-European paging systems.

3.

PL: For public cellular mobile telephone services and networks: None except that the limitation of foreign capital and voting rights is 49 %.

SI: Foreign participation may not exceed 99 % of the equity. Licence for operation granted is subject to obligations of value-added telecommunication service providers, to use basic telecommunications network.

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

BE: Licensing conditions may address the need to guarantee universal service, including through financing, in a transparent, non-discriminatory and competitively neutral manner and will not be more burdensome than necessary.

II.

SECTOR-SPECIFIC COMMITMENTS

3.

Construction and related engineering services

 

 

 

(CPC 511, 512, 513, 514, 515, 516, 517, 518)

1.

Unbound (45) except for 5111 and 5114: none

HU, MT: Unbound

2.

HU, MT: Unbound

3.

HU, MT: Unbound

I: Exclusive rights are granted for construction, maintenance and management of highways and the airport of Rome.

4)

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU, MT: Unbound

1.

Unbound (45) except for CPC 5111 and 5114: none

HU, MT: Unbound

2.

HU, MT: Unbound

3.

HU, MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU, MT: Unbound

 

 

Unbound except for BE, DK, ES, FR and NL where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

NL: University degree and professional qualifications and three years' professional experience in the sector.

BE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge, and three years professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

FR: Unbound except for measures concerning the temporary entry of technicians under the following conditions:

the technician is an employee of a legal person within the territory of Chile and is transferred to a commercial presence in FR who has a contract with that legal person;

the work permit is delivered for a period not exceeding six months;

the technician presents a work certificate from the commercial presence in FR and a letter from the legal person within the territory of Chile demonstrating its agreement to the transfer;

compliance with an economic needs test is required;

the commercial presence body must pay a tax to the International Migration Office.

Unbound except for BE, DK, ES, FR and NL where: as indicated in the horizontal section under (iii)

 

 

Unbound except for DE, SE and UK where as indicated in the horizontal section under (iii), only for CPC 5111, and subject to the following specific limitations:

SE, UK: University degree and professional qualifications and three years' professional experience in the sector.

UK: Compliance with an economic needs test is required.

DE: Unbound except for limited range of services of site investigation work where: university degree and professional qualifications and three years' professional experience in the sector.

Unbound except for DE, SE and UK where as indicated in the horizontal section under (iii), only for CPC 5111

 

II.

SECTOR-SPECIFIC COMMITMENTS

4.

Distribution services (46)

 

 

 

A.

Commission Agents' Services

(CPC 621, 6111, 6113, 6121)

1.

FR: Unbound for traders and brokers working in market of national interest.

MT: Unbound

2.

MT: Unbound

3.

MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

MT: Unbound

FR: Condition of nationality for activities of traders, commissioners, and brokers working in 20 markets of national interest

1.

FR: Unbound for traders and brokers working in market of national interest.

2.

MT: Unbound

3.

MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

MT: Unbound

IT: Residence requirement.

 

B.

Wholesale Trade Services

(All Member States excluding PL: CPC 622, 61111, 6113, 6121. PL: CPC 622 excluding 62226, 62228, 62251, 62252)

1.

FR (47):

Unbound for pharmacies.

MT: Unbound

2.

MT: Unbound

3.

FR (48): Wholesale pharmacies are authorised according to the needs of the population and within established quotas.

PL: Licensing of establishment of companies in the area of wholesale trade in imported consumer goods.

MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

MT: Unbound

FR: Condition of nationality for wholesale of pharmaceuticals.

1.

MT: Unbound

2.

MT: Unbound

3.

MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

MT: Unbound

IT: Residence requirement.

 

C.

Retailing Services (49)

(CPC 631, 632, 61112, 6113, 6121, 613)

1.

MT: Unbound

2.

MT: Unbound

3.

BE (50)  (51), DK, FR, IT, PT: economic needs test on department stores applied on a national treatment basis.

SE: Individual municipalities may apply economic needs test to temporary trade in clothing, shoes and foodstuffs that are not consumed at the point of sale (52)

MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii), and subject to the following specific limitations:

MT: Unbound

FR: Condition of nationality for tobacconists (i.e. buralistes).

1.

MT: Unbound

2.

MT: Unbound

3.

MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

 

D.

Franchising

(CPC 8929

1, 2 and 3. MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

1, 2 and 3. MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

 

II.

SECTOR-SPECIFIC COMMITMENTS

5.

Privately funded education services

 

 

 

A.

Primary Education Services

(All Member States except EE: CPC 921. EE: Compulsory primary education services)

1.

FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach.

CY, FI, MT, SE, SI: Unbound.

2.

CY, FI, MT, SE, SI: Unbound.

3.

CY, FI, MT, SE, SI: Unbound.

CZ: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: Establishment of schools is subject to licence from the local authorities.

SK: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach subject to complying with qualification and material requirements on establishment of such an institution.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CY, FI, MT, SE, SI: Unbound.

FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach.

1.

CY, FI, MT, SE, SI: Unbound.

2.

CY, FI, MT, SE, SI: Unbound.

3.

CY, FI, MT, SE, SI: Unbound.

CZ: None other than: majority of members of the Board must be of Czech nationality.

LT: None, except for permit issued by the Ministry of Education and Science for the State recognised teaching institutions required.

SK: None other than: majority of members of the Board have to be of Slovak citizenship.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, FI, MT, SE, SI: Unbound

 

B.

Secondary education services

(All Member States except EE: CPC 922. EE: compulsory and non compulsory secondary education services. LV: Excluding CPC 9224)

1.

CY, FI, MT, SE: Unbound.

FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach.

2.

CY, FI, MT, SE: Unbound.

3.

CY, FI, MT, SE: Unbound.

CZ: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: Establishment of schools is subject to licence from the local authorities.

SK: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach subject to complying with qualification and material requirements on establishment of such an institution.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CY, FI, MT, SE: Unbound.

FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach.

1.

CY, FI, MT, SE: Unbound

2.

CY, FI, MT, SE: Unbound

3.

CY, FI, MT, SE: Unbound.

LT: None, except for permit issued by the Ministry of Education and Science for the State recognised teaching institutions required.

SI: None other than: majority of the Board must be of Slovenian nationality

SK: None other than: majority of members of the Board have to be of Slovak citizenship.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, FI, MT, SE: Unbound.

 

C.

Higher Education Services

(All Member States except CZ and SK: CPC 923. CZ and SK: Only CPC 92310)

1.

FR: Condition of nationality. However, third country nationals can have authorisation from competent authorities to establish and direct an education institution and to teach.

AT, CY, FI, MT, SE: Unbound

2.

AT, CY, FI, MT, SE: Unbound

3.

ES, IT: Needs test for opening of private universities authorised to issue recognised diplomas or degrees.

AT, CY, FI, MT, SE: Unbound

EL: Unbound for education institutions granting recognized State diplomas.

CZ: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: Establishment of schools is subject to licence from the central authorities.

SK: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach subject to complying with qualification and material requirements on establishment of such an institution.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

AT, CY, FI, MT, SE: Unbound

FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach.

1.

AT, CY, FI, MT, SE: Unbound

2.

AT, CY, FI, MT, SE: Unbound

3.

AT, CY, FI, MT, SE: Unbound

SI: None other than: majority of the Board must be of Slovenian nationality

SK: None other than: majority of members of the Board have to be of Slovak citizenship.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

AT, CY, FI, MT, SE: Unbound

 

 

Unbound except for BE, DE, DK, ES, FR and LU concerning the temporary entry of professors where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge, and three years professional experience in the sector.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

FR:

The professors have obtained an employment contract from a university or other higher education institution.

The work permit is delivered for a period not exceeding nine months renewable for the duration of the contract.

Compliance with an economic needs test is required unless those professors are designated directly by the Minister in charge of higher education.

The recruiting institution must pay a tax to the International Migration Office.

Unbound except for BE, DE, DK, ES, FR and LU as indicated in the horizontal section under (iii)

 

 

For HU only: Personalities of internationally recognized reputation who have been invited by higher education institutions for the duration of the invitation.

 

 

D.

Adult education services (CPC 924; for AT CPC 9240 except education services for adults by means of radio or television broadcasting. For EE: it also covers other adult education services not provided by the State)

1 and 2. CY, FI, MT, SE: Unbound

3.

CZ: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: Establishment of schools is subject to licence from the local (or in case of high schools from the central) authorities.

SK: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach subject to complying with qualification and material requirements on establishment of such an institution.

CY, FI, MT, SE: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, FI, MT, SE: Unbound

1 and 2. CY, FI, MT, SE: Unbound

3.

CY, FI, MT, SE: Unbound

CZ: None other than: majority of members of the Board must be of Czech nationality.

SK: None other than: majority of members of the Board have to be of Slovak citizenship.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, FI, MT, SE: Unbound

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the above conditions following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

II.

SECTOR-SPECIFIC COMMITMENTS

6.

Environmental services (53)

 

 

 

(SE: the offer does not include public works functions whether owned and operated by municipalities, state or federal governments or contracted out by these governments)

 

 

 

A.

Water for human use and wastewater management

Water collection, purification and distribution services through mains, except steam & hot water.

1.

Unbound (54)

2.

None except CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: unbound.

3.

None except AT, DE, UK, CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: Unbound

1.

Unbound (54)

2.

None except CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: Unbound.

3.

None except AT, DE, UK, CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: Unbound

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

Wastewater services

(CPC 9401, part of 18000)

1.

All Member States except EE, LT, LV: Unbound

EE, LT, LV: None

2 and 3. HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU: Unbound

1.

All Member States except EE, LT, LV: Unbound

EE, LT, LV: None

2 and 3. HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations

HU: Unbound

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

B.

Solid/hazardous waste management (CPC 9402, 9403)

1.

All Member States except EE, HU: Unbound

EE, HU: None

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

All Member States except EE, HU: Unbound

EE, HU: None

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

C.

Protection of ambient air and climate

(CPC 9404)

1.

All Member States except EE, LT, PL: Unbound

EE, LT, PL: None

2.

None

3.

SE: Government owned monopoly for control services of exhaust-gas from cars and trucks. Such services must be offered on a non-profit basis.

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

All Member States except EE, LT, PL: Unbound

EE, LT, PL: None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

D.

Remediation and clean up of soil and waters (part of CPC 94060)

1.

All Member States except EE: Unbound

EE: None

2 and 3. HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU: Unbound

1.

All Member States except EE: Unbound

EE: None

2 and 3. HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU: Unbound

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic needs test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

E.

Noise and vibration abatement (CPC 9405)

1.

All Member States except EE, LT, PL: Unbound

EE, LT, PL: None

2 and 3. None except for CY, CZ, HU, SK, SI, UK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU: Unbound

1.

All Member States except EE, LT, PL: Unbound

EE, LT, PL: None

2 and 3. None except for CY, CZ, HU, SK, SI, UK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU: Unbound

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years, professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

F.

Protection of biodiversity and landscape nature and landscape protection services

(CPC 9406)

1.

All Member States except EE: Unbound

EE: None

2 and 3. HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU: Unbound

1.

All Member States except EE: Unbound

EE: None

2 and 3. HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU: Unbound

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

G.

Other environmental and ancillary services (part of CPC 94090)

1.

All Member States except EE, PL: Unbound

EE, PL: None

2 and 3. HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU: Unbound

1.

All Member States except EE, PL: Unbound

EE, PL: None

2 and 3. HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

HU: Unbound

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

II.

SECTOR-SPECIFIC COMMITMENTS

7.

Health services and social services

 

 

 

A.

Hospital services

(all Member States except LV, PL and SI: CPC 9311.

LV, PL and SI: only Private hospital and sanatorium services - CPC 9311

1.

All Member States except HU: Unbound

HU: None

2.

CZ, MT, FI, SE, SK: Unbound

3.

AT, BE, ES, FR, IT, LU, LT, NL, PT, SI: economic needs test applied on a national treatment basis (55).

PL: Head, or his deputy, of the health facility should meet qualifications of medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives, nurses are applicable.

LV: The head, or his deputy, of the health facility should be qualified as a medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives and nurses are applicable. Private hospital services need authorisation by local health authorities. The number of beds and use of heavy medical equipment is based on the needs of population, age scale and death rate.

CZ, MT, FI, SE, SK: Unbound

SI: Entry into public Health network is subject to concession from Institute for Health Insurance of the Republic of Slovenia.

1.

All Member States except HU: Unbound

HU: None

2.

CZ, MT, FI, SE, SK: Unbound

3.

CZ, MT, FI, SE, SK: Unbound

EE: None except professionals trained outside Estonia are required to present a certificate of auxiliary training courses of Tartu University. This requirement also applies to Estonian nationals trained abroad.

LT: None, except foreign private establishment and their consumers may not be entitled to receive financial support from public resources, including usage of public medical insurance funds.

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CZ, MT, FI, SE, SK: Unbound

LV: The head, or his deputy, of the health facility should be qualified as a medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives and nurses are applicable.

PL: Head, or his deputy, of the health facility should meet qualifications of medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives, nurses are applicable

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CZ, MT, FI, SE, SK: Unbound

 

B.

Other human health services (CPC 9319. EE: CPC 9319 other than 93191)

1.

All Member States except HU: Unbound

HU: None

2 and 3. Unbound except for AT, EE, HU, SI: none

4.

Unbound except AT, EE, HU, SI: unbound except as indicated in the horizontal section under (i) and (ii).

1.

All Member States except HU: Unbound

HU: None

2 and 3. Unbound except for AT, EE, HU, SI: none

4.

Unbound except AT, EE, HU, SI: unbound except as indicated in the horizontal section under (i) and (ii)

 

C.

Social Services

Convalescent and

Rest Houses, Old People's Homes

1.

Unbound

2.

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

3.

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

FR: Provision of services is permitted by the competent authorities according to local needs.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

1.

Unbound

2.

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

3.

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

 

D.

Other (health related services)

1, 2 and 3. All Member States except HU: Unbound HU: None

4.

All Member States: Unbound except for HU: Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. All Member States except HU: Unbound

HU: None.

4.

All Member States: Unbound except for HU: Unbound except as indicated in the horizontal section under (i) and (ii)

 

II.

SECTOR-SPECIFIC COMMITMENTS

8.

Tourism and travel related services

 

 

 

A.

Hotels, Restaurants

and Catering

(CPC 641, 642, 643. PL: excluding CPC 643)

(excluding catering in transport services sector except in PL)

1.

Unbound except for catering: none

2.

None

3.

IT: Local economic needs test on opening of new bars, cafés and restaurants.

1.

Unbound except for catering: none

2.

None

3.

None

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

B.

Travel Agencies and Tour Operators Services (including tour managers)

(CPC 7471)

1.

HU: Unbound

PL: Commercial presence required.

2.

None

3.

PT: Requirement of constitution of a commercial company having its corporate base in Portugal.

IT: Economic needs test.

FI: A permission from the National Consumer Administration is required.

CZ: Economic needs test based on population criterion.

1.

PL: Commercial presence required.

2.

None

3.

None

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

Unbound except for AT, BE, DE, DK, ES, IT, FI, IE, SE where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

AT, FI, IT, IE, SE: Unbound except for tour managers (persons whose function is to accompany a tour group of a minimum of 10 persons, without acting as guides in specific locations) where for AT, IT, IE, SE: professional certificate and three years' professional experience.

BE, DE, DK, ES: University degree or equivalent technical qualification and three years professional experience.

IT: Compliance with an economic needs test is required

Unbound except for AT, BE, DE, DK, ES, IT, FI, IE, SE where: as indicated in the horizontal section under (iii)

 

C.

Tourist guides services (CPC 7472)

1.

CY, HU, IT, LT, MT, PT, PL, SI: Unbound.

2.

CY, HU, LT, MT, PL, SI: Unbound

3.

CY, HU, LT, MT, PL, SI: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

ES, IT: The right to exercise the profession is reserved for the local organisations of tourist guides.

EL, ES, IT, PT: Access to the activity is subject to condition of nationality.

CY, HU, LT, MT, PL, SI: Unbound

1.

CY, HU, LT, MT, PL, SI: Unbound

2.

CY, HU, LT, MT, PL, SI: Unbound

3.

CY, HU, LT, MT, PL, SI: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, HU, LT, MT, PL, SI: Unbound

 

 

Unbound except for BE, DE, DK, SE as indicated in the horizontal section under (iii) and subject to the above conditions and the following specific limitations:

BE, DE, DK: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

SE: Professional certificate, relevant qualifications and three years' professional experience.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK, SE as indicated in the horizontal section under (iii)

 

II.

SECTOR-SPECIFIC COMMITMENTS

9.

Recreational, cultural and sporting services (other than audio-visual services)

 

 

 

A.

Entertainment services

(including theatre, live bands and circus services)

(CPC 9619)

1.

Unbound

2.

CY, CZ, EE, FI, LT, LV, PL, SI, SK: Unbound

3.

CY, CZ, EE, FI, LV, PL, SI, SK: Unbound

LT: None, except prohibition to establish and maintain gambling houses, to organise gambling games (56).

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

CY, CZ, EE, FI, LT, LV, PL, SI, SK: Unbound

IT: Economic needs test.

1.

All Member States except HU: Unbound.

HU: None

2.

CY, CZ, EE, FI, LT, LV, PL, SI, SK: Unbound

3.

CY, CZ, FI, LV, PL, SI, SK: Unbound

FR, IT: Unbound for subsidies and any other forms of direct and indirect support.

SE: Targeted financial support to specific local, regional or national activities.

LT: None, except:

(a)

as indicated under market access (also exception indicated in Part I regarding prohibition of foreign investments to lotteries); and

(b)

Unbound for subsidies as regards cinema operation theatre (CPC 96199**).

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, EE, FI, LT, LV, PL, SI, SK: Unbound

 

 

Unbound except for AT, BE, DE, DK, ES and FR concerning the temporary entry of artist where as indicated under the horizontal section under (iii) and subject to the following specific limitations:

BE, DE, DK: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

Unbound except for AT, BE, DE, DK, ES and FR concerning the temporary entry of artist where as indicated under the horizontal section under (iii)

 

 

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

AT, ES: access is limited to persons whose main professional activity is in the field of fine arts, deriving the major part of their income from that activity. such persons shall not exercise any other commercial activity in Austria.

FR:

The artists have obtained an employment contract from an authorised entertainment enterprise.

The work permit is delivered for a period not exceeding nine months renewable for a duration of three months.

Compliance with an economic needs test is required.

The entertainment enterprise must pay a tax to the International Migration Office.

 

 

B.

News and press agency

1.

None

1.

None

 

Services

(CPC 962)

2.

None

3.

FR: Condition of nationality for administrators of Agence France Press. (other restrictions lifted if reciprocity granted)I: Special anti-concentration rules operate in the daily press and broadcasting sectors, specific limits are fixed to multimedia ownership. Foreign companies may not control publishing or broadcasting companies: foreign equity participation limited to 49 %.

HU: Unbound

PT: News companies, incorporated in Portugal in legal form of ‘Sociedade Anónima’, must have the social capital in the form of nominal stock.

SK: foreign suppliers of news and press agency services must be accredited at the Ministry of Foreign Affairs of the Slovak Republic. The official press agency of the Slovak Republic (TASR) is subject of state financing.

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

2.

None

3.

HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii) and subject to the above conditions following specific limitations:

BE, DE, DK, ES: University degree or equivalent technical qualification demonstrating knowledge and three years' professional experience in the sector.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

Unbound except for BE, DE, DK, ES as indicated in the horizontal section under (iii)

 

C.

Libraries, archives, museums and other cultural services (CPC 963)

1.

Unbound except in AT: none

2.

Unbound except in AT, EE: none

3.

Unbound except in AT, LT

AT: None

LT: Licenses for researching, reservation and restoration of the immovable cultural values, for preparation of the conditions, programmes and projects of such works, for preservation and restoration of movable cultural values are necessary.

4.

Unbound except in AT, EE: unbound except as indicated in the horizontal section under (i) and (ii)

1.

Unbound except in AT: none

2.

Unbound except in AT, EE: none

3.

Unbound except in AT, LT

AT: None

LT: None except under market access

4.

Unbound except in AT, EE, LT: unbound except as indicated in the horizontal section under (i) and (ii)

 

D.

Sporting and Other Recreational Services other than Gambling and Betting Services

(CPC 9641, 96491. AT: ski school services and mountain guide services are not covered)

1.

MT: Unbound

2.

MT: Unbound

3.

MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

MT: Unbound

IT: Economic needs test.

1.

MT: Unbound

2.

MT: Unbound

3.

MT: Unbound

SE: Targeted financial support to specific local, regional or national activities

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

 

II.

SECTOR-SPECIFIC COMMITMENTS

10.

Transport services

 

 

 

A.

Maritime transport services

(see additional definitions after the transport section)

 

 

International 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

2.

None

3.

(a)

Establishment of registered company for the purpose of operating a fleet under the national flag of the State of establishment: unbound for all Member States except LV and MT: None

(b)

Other forms of commercial presence for the supply of international maritime transport services (as defined below under Definitions concerning maritime transport): none

4.

(a)

Ships' crews: unbound

(b)

Key personnel employed in relation to a commercial presence as defined under mode 3(b) above: Unbound except as indicated in the horizontal section under (i) and (ii)

1.

(a)

Mode 1 (a) Liner trade: none, other than the exceptional case where a Member States would have to enforce EC Regulation 954/79, article 2, par. 2.

(b)

None

2.

None

3.

(a)

Unbound for all Member States except LV and MT: None

(b)

None

4.

(a)

Unbound except as indicated in the horizontal section under (i) and (ii)

(b)

Unbound except as indicated in the horizontal section under (i) and (ii)

See footnote (57)

Maritime auxiliary services

 

 

 

Maritime cargo handling services

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

1.

Unbound (58)

2 and 3. MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

 

Storage and warehousing services CPC 742 (as amended)

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

 

Customs clearance services (60)

1.

Unbound (58)

2 and 3. (59)MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

 

Container station and depot services (61)

1.

Unbound (58)

2 and 3. (59)MT: Unbound

4)

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

1.

Unbound (58)

2 and 3. (59)MT: Unbound

4)

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

 

Maritime agency services (62)

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

 

(Maritime) freight forwarding services (63)

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

 

(d)

Maintenance and repair of vessels, except for EE, LV and SI.

EE and LV: CPC 8868.

SI: CPC 8868 (59)

1.

All Member States except EE, HU and LV: Unbound.

EE, HU and LV: None

2.

All Member States except EE, HU, LV and SI: Unbound.

EE, HU, LV and SI: None

3.

All Member States except EE, HU, LV and SI: Unbound.

EE, HU, LV and SI: None

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except EE, HU, LV and SI: Unbound.

EE, HU, LV and SI: Unbound, except as indicated in the horizontal section

1.

All Member States except EE, HU and LV: Unbound.

EE, HU and LV: None

2.

All Member States except EE, HU, LV and SI: Unbound.

EE, HU, LV and SI: None

3.

All Member States except EE, HU, LV and SI: Unbound.

EE, HU, LV and SI: None

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except EE, HU, LV and SI: Unbound.

EE, HU and SI: Unbound, except as indicated in the horizontal section

LV: None

 

B.

Internal waterways transport

1 and 3. None, other than measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link), which reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Regulations implementing the Mannheim Convention on Rhine Shipping.

1 and 3. None, other than measures based upon existing or future agreements on access to inland waterways (including agreements following the Rhine-Main-Danube link), which reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Regulations implementing the Mannheim Convention on Rhine Shipping.

See footnote (64)

(b)

Freight transportation

(c)

Rental of vessels with crew

AT: According to the Austrian Inland Waterways Shipping Act the setting up of a shipping company by natural persons requires EEA (European Economic Area) citizenship. In the case of establishment as legal person, the majority of managing directors, the managing board and the supervisory board must be EEA citizens. In addition the majority of the business shares must be held by EEA citizens.

CY, CZ, EE, HU, LT, MT, PL, SE, SI, SK: Unbound

2.

None except CY, EE, HU, LT, MT, PL, SI: Unbound

CY, CZ, EE, HU, LT, MT, PL, SE, SI, SK: Unbound

2.

None except CY, EE, HU, LT, MT, PL, SI: Unbound

 

(f)

Supporting services for internal waterway transport

(d)

Maintenance and repair of vessels

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, EE, HU, LT, MT, PL, SI: Unbound

1.

All Member States except HU: Unbound

HU: None

2.

None except CY, EE, LT, MT, PL, SI: Unbound

3.

None except CZ, CY, EE, LT, MT, PL, SI, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, EE, LT, MT, PL, SI: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, EE, HU, LT, MT, PL, SI: Unbound

1.

All Member States except HU: Unbound

HU: None

2.

None except EE, LT, MT, PL, SI: Unbound

3.

None except CZ, EE, LT, MT, PL, SI, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations: CZ, EE, LT, MT, PL, SI: Unbound

 

C.

Air transport services

 

 

 

(c)

Rental of aircraft with crew

(CPC 734

1 and 2. All Member States except PL: Unbound

PL: None except that aircraft used by Community air carriers have to be registered in the Member State licensing the air carrier or elsewhere in the Community. Waivers can be granted for short term lease contracts or under exceptional circumstances.

3.

All Member States except PL: Unbound

PL: None except that aircraft used by Community carriers have to be registered in the aircraft register of that Member State, the aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific regarding ownership of capital and control (including nationality of directors).

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except PL: Unbound

PL: Unbound except for horizontal measures

1, 2 and 3. All Member States except PL: Unbound

PL: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except PL: Unbound

PL: None

 

(d)

Maintenance and repair of aircraft and parts thereof

1.

All Member States except EE, HU, LV, PL: Unbound

EE, HU, LV, PL: None

2.

None

3.

CZ: Corporate seat required in the Czech Republic

SK: Corporate seat is required in the Slovak Republic

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

All Member States except EE, HU, LV, PL: Unbound

EE, HU, LV, PL: None

2.

None

3.

CZ: Corporate seat required in the Czech Republic

SK: Corporate seat is required in the Slovak Republic

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

Sales and marketing

1.

None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

For distribution through CRS of air transport services provided by CRS parent carrier: unbound.

2.

None

3.

For distribution through CRS of air transport services provided by CRS parent carrier: unbound.

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

Computer reservations system

1.

None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

For obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries: unbound.

2.

None

3.

For obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries: unbound.

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

E.

Rail transport services

 

 

 

(a)

Passenger transportation

1.

All Member States: Unbound

2.

All Member States except HU: Unbound

HU: None

3.

All Member States except HU: Unbound

HU: Services may be provided through a Contract of Concession granted by the state or the local authority

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except HU: Unbound

HU: Unbound except as indicated in horizontal section.

1, 2 and 3. All Member States except HU: Unbound

HU: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except HU: Unbound

HU: Unbound except as indicated in horizontal section.

 

b)

Freight transportation

1.

All Member States: Unbound

2.

All Member States except HU: Unbound

HU: None

3.

All Member States except HU: Unbound

HU: Services may be provided through a Contract of Concession granted by the state or the local authority

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except HU: Unbound

HU: Unbound except as indicated in horizontal section.

1, 2 and 3. All Member States except HU: Unbound

HU: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except HU: Unbound

HU: Unbound except as indicated in horizontal section.

 

(d)

Maintenance and repair of rail transport equipment

(CPC 8868)

1.

All Member States except EE, HU: Unbound

EE, HU: None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

All Member States except EE, HU: Unbound

EE, HU: None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

F.

Road transport services

 

 

 

(a)

Passenger transportation

(All Member States except FI, LV, LT: CPC 71213 and 7122. FI: CPC 71222 and 71223.

LV: CPC 71213, 71222, 71223.

LT: CPC 7121, 7122).

For LV, LT: cabotage excluded.

1.

Unbound

2.

None except CY, CZ, EE, HU, MT, PL, SI, SK: Unbound.

3.

For transport within a Member State (cabotage), by a carrier established outside that Member State: unbound except for rental of non-scheduled services of buses with operator (71223) (65) where no limitation will apply as from 1996.

AT, HU, PL, MT, SK: Unbound

SE: Authorisation required for commercial land transport service operations. Authorisation is based on the applicants financial situation, experience and capability to supply the services. Limitations on the use of leased vehicles for such operations.

For 7122:

ES: Economic needs test.

1.

Unbound

2.

None except, CY, CZ, EE, HU, MT, PL, SI, SK: Unbound.

3.

Unbound for transport within a Member State (cabotage), by a carrier established outside that Member State.

AT, HU, MT, PL, SK: Unbound

LV, SE: Requirement on established entities to use vehicles with national registration.

 

 

For 71221 (taxi services):

All Member States except in SE: economic needs test (66),plus

 

 

 

DK: Access for natural persons only, and local establishment requirement.

IT: Access for natural persons only.

 

 

 

For 71222 (limousine services):

DK: Access for natural persons only, and local establishment requirement.

FI: Authorisation required, not extended to foreign registered vehicles.

IT: Access for natural persons only, and economic needs test.

LV: Authorisation required (licence), not extended to foreign registered vehicles.

PT: Economic needs test.

For 71213 (Intercity bussing services) (67)

IT, ES, IE: Economic needs test.

FR: Unbound.

FI: Authorisation required, not extended to foreign registered vehicles.

DK: Economic needs test

LV: Authorisation required (licence and special permit), not extended to foreign registered vehicles.

PT: Access through incorporation only.

For 71223:

LV: Authorisation required (licence), not extended to foreign registered vehicles.

 

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

AT, CY, CZ, EE, HU, MT, PL, SI, SK: Unbound

PT: Nationality requirement for specialist personnel.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

AT, CY, CZ, EE, HU, MT, LV PL, SI, SK: Unbound

DK: Residence requirement for managers

 

(b)

Freight Transportation

(CPC 7123)

1.

Unbound

2.

None except CY, CZ, EE, HU, MT, PL, SI, SK: Unbound

3.

For transport within a Member State by a carrier established in another Member State: unbound.

AT, CY, CZ, ES, EE, HU, MT, PL, SI, SK: Unbound

IT: For transport within the country, licensing subject to an economic needs test.

FI: Authorisation required, not extended to foreign registered vehicles.

SE: Authorisation required for commercial land transport service operations. Authorisation is based on the applicants financial situation, experience and capability to supply the services. Limitations on the use of leased vehicles for such operations.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

AT, CY, CZ, EE, HU, MT, PL, SI and SK: Unbound

1.

Unbound

2.

HU, MT, PL, SK: unbound

3.

Unbound for transport within a Member State by a carrier established in another Member State.

AT, ES, HU, PL, MT, SK: Unbound.

SE: Requirement on established utilities to use vehicles with national registration.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

AT, CY, CZ, EE, HU, LV, MT, PL, SI, SK: Unbound

 

(d)

Maintenance and Repair of Road Transport Equipment

(All Member States except CZ, EE, FI, HU, SI and SK: CPC 6112.

CZ, EE, HU and SK: 6112+8867.

FI 6112 and parts of 88. SI: part of CPC 6112 (59))

1.

Unbound (58)

2.

MT: Unbound

3.

SE: Operators allowed to establish and maintain their own terminal infrastructure facilities, subject to space and capacity constraints.

MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

1.

Unbound (58)

2.

MT: Unbound

3.

MT: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

MT: Unbound

 

(e)

Supporting services for road transport equipment

(For LV only:

CPC 7441, CPC 7449)

1.

All Member States: Unbound

2.

All Member States except LV: Unbound

LV: None

3.

All Member States except LV: Unbound

LV: Authorisation required (agreement with bus station, licence).

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except LV: Unbound

LV: Unbound, except as indicated in the horizontal section

1.

All Member States: Unbound

2.

All Member States except LV: Unbound

LV: None

3.

All Member States except LV: Unbound

LV: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except LV: Unbound

LV: None LV: For CSS-EJP only: None

 

G.

Pipeline Transport

LT: CPC 713

1.

All Member States: Unbound

2.

All Member States except HU, LT: Unbound

HU, LT: None

3.

All Member States except HU, LT: Unbound

HU: Services may be provided through a Contract of Concession granted by the State or the local authority

LT: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except HU, LT: Unbound

HU, LT: Unbound except as indicated in the horizontal section

1.

All Member States except HU: Unbound

HU: None

2.

All Member States: Unbound

HU, LT: None

3.

All Member States except HU, LT: Unbound

HU, LT: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except HU, LT: Unbound

HU, LT: Unbound except as indicated in the horizontal section

 

H.

Services auxiliary to all modes of transport

 

 

 

(a)

Cargo-handling services

(EE, LV and LT: CPC 741)

1.

All Member States except EE, LV and LT: Unbound (58)

EE, LV and LT: None

2.

All Member States except EE, LV and LT: Unbound

EE, LV and LT: None

3.

All Member States except EE, LV and LT: Unbound

EE, LV and LT: None except in airports where categories of activities committed depend of size of airport, the number of providers in each airport can be limited due to available- space constraints and to not less than two suppliers for other reasons, and non-discriminatory pre-approval procedures may apply.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except EE, LV and LT: Unbound.

EE, LV and LT: Unbound, except as indicated in the horizontal section

1.

All Member States except EE, LV: Unbound (58).

EE, LV: None

2.

All Member States except EE, LV and LT: Unbound

EE, LV and LT: None

3.

All Member States except EE, LV and LT: Unbound

EE, LV and LT: None

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

All Member States except EE, LV and LT: Unbound.

EE and LT: Unbound, except as indicated in the horizontal section

LV: None

 

(b)

Storage and warehouse services (CPC 742)

(other than in ports)

1.

Unbound (58)

2 and 3. CY, CZ, MT, LT, PL, SK and SE: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, MT, LT, PL, SK: Unbound

1.

Unbound (58)

2 and 3. CY, CZ, MT, LT, PL, SK and SE: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, MT, LT, PL, SK: Unbound

 

(c)

Freight transport agency/freight forwarding services (CPC 748)

1.

2 and 3. CY, CZ, HU, MT, PL, SK and SE: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, HU, MT, PL, SK: Unbound

1.

CY, CZ, HU, MT, PL, SK and SE: Unbound

SI: None other than customs clearance is subject to limitation to juridical person established in the Republic of Slovenia

2.

CY, CZ, HU, MT, PL, SK and SE: Unbound

3.

CY, CZ, HU, MT, PL, SK and SE: Unbound

SI: None other than customs clearance is subject to limitation to juridical person established in the Republic of Slovenia

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, HU, MT, PL, SK: Unbound

 

Pre-shipment inspection (CPC 749 (68) except for FI: CPC 7490 only)

1, 2 and 3. CY, CZ, HU, MT, PL, SE, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, HU, MT, PL, SK: Unbound

1, 2 and 3. CY, CZ, HU, MT, PL, SE, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

CY, CZ, HU, MT, PL, SK: Unbound

 

I.

Other transport services

(provision of combined transport service)

1.

Unbound except for FI: none

2.

CY, CZ, EE, HU, LT, LV, MT, PL, SE, SI, SK: Unbound

3.

None, without prejudice to the limitations affecting any given mode of transport except in AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SI, SK: unbound.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SI, SK: Unbound.

1.

Unbound except for FI: none

2.

CY, CZ, EE, HU, LT, LV, MT, PL, SE, SI, SK: Unbound

3.

None, without prejudice to the limitations affecting any given mode of transport except in AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SI, SK: unbound.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SI, SK: Unbound.

 

Definitions concerning maritime transport

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 a Member State and another port located in the same Member State and traffic originating and terminating in the same port located in a Member State provided that this traffic remains within this Member State's territorial waters.

2.

‘Other forms of commercial presence for the supply of international maritime transport services’ means the ability of international maritime transport service suppliers of the other Party 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 not, however, 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 this Agreement);

(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.

Community (continued)

Attachment A

GLOSSARY

TERMS USED FOR INDIVIDUAL MEMBER STATES

FRANCE

SC Société civile

SCP Société civile professionnelle

SEL Société d'exercice libéral

SNC Société en nom collectif

SCS Société en commandite simple

SARL Société à responsabilité limitée

SCA Société en commandite par actions

SA Société anonyme

NB: Toutes ces sociétés sont dotées de la personnalité morale

GERMANY

GmbH & Co. KG Kommanditgesellschaft, bei der der persönlich haftende Gesellschafter eine GmbH (a stock company with limited responsibility) ist.

EWIV Europäische Wirtschaftliche Interessenvereinigung (European economic interest grouping)

ITALY

SPA Società per Azioni (joint stock company)

SRL Società a Responsabilità Limitata (company with limited responsibility)

For Italy the following professional services are covered in the EC offer:

 

Ragionieri-periti commerciali Bookkeeping, accounting, auditing

 

Commercialisti Bookkeeping, accounting, auditing

 

Geometri Surveyors

 

Ingegneri Engineers

 

Architetti Architects

 

Geologi Geologists

 

Medici Doctors

 

Farmacisti Pharmacists

 

Psicologi Psychologists

 

Veterinari Veterinarians

 

Biologi Biologists

 

Chimici Chemists

 

Periti agrari Agricultural experts

 

Agronomi Agronomists

 

Attuari Actuarists


(1)  In the case of Austria, Finland and Sweden no horizontal reservation has been taken for services considered as public utilities

(2)  Explanatory note: public utilities exist in sectors such as related scientific and technical consulting services, R & D services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not practical.

(3)  Exceptions from these requirements may be granted, if it can be proved that residency is not necessary.

(4)  SI: According to the Law on Commercial Companies, a branch established in the Republic of Slovenia is not considered a juridical person, but as regards their operation, their treatment is equal to a subsidiary.

(5)  Commercial, industrial or artisanal activities relate to sectors such as: other business services, construction, distribution and tourism services. It does not relate to telecommunications and financial services.

(6)

(a)

limitation on acquisition of foreign exchange by resident nationals for personal purposes;

(a)

limitation on acquisition of foreign exchange by resident nationals for personal purposes;

(b)

foreign exchange authorisation in case of Czech residents for acceptance of financial credits from foreign subjects, direct capital investment abroad, acquisition of real estate abroad and purchases of foreign securities.

(6)  CZ: Non-discriminatory system of foreign exchange control is applied consisting of:

(a)

limitation on acquisition of foreign exchange by resident nationals for personal purposes;

(b)

foreign exchange authorisation in case of Czech residents for acceptance of financial credits from foreign subjects, direct capital investment abroad, acquisition of real estate abroad and purchases of foreign securities.

(7)

transfer of foreign exchange out of the country,

transfer of Polish currency into the country,

ownership transfer of the right to monetary assets between domestic and foreign persons,

granting and drawing of loans and credits by domestic persons in foreign exchange transactions,

fixing or executing payments in foreign currencies within Poland for acquired goods, real estate, property rights, services or labour;

opening and possessing of a banking account in a bank situated abroad,

acquiring and holding foreign securities and acquiring real estate abroad,

transfer of foreign exchange out of the country,

transfer of Polish currency into the country,

ownership transfer of the right to monetary assets between domestic and foreign persons,

granting and drawing of loans and credits by domestic persons in foreign exchange transactions,

fixing or executing payments in foreign currencies within Poland for acquired goods, real estate, property rights, services or labour;

opening and possessing of a banking account in a bank situated abroad,

acquiring and holding foreign securities and acquiring real estate abroad,

undertaking other obligations abroad of similar effect.

(7)  PL: There is non-discriminatory system of foreign exchange controls relating to limitations in foreign exchange turnover and to system of foreign exchange permits (general and individual) among others limitations of capital flows and currency payments. The following foreign exchange transactions require authorisation:

transfer of foreign exchange out of the country,

transfer of Polish currency into the country,

ownership transfer of the right to monetary assets between domestic and foreign persons,

granting and drawing of loans and credits by domestic persons in foreign exchange transactions,

fixing or executing payments in foreign currencies within Poland for acquired goods, real estate, property rights, services or labour;

opening and possessing of a banking account in a bank situated abroad,

acquiring and holding foreign securities and acquiring real estate abroad,

undertaking other obligations abroad of similar effect.

(8)  SK: Entries being listed for transparency reasons.

(9)  PL: The footnote under market access is also applicable for national treatment.

(10)  The duration of ‘temporary stay’ is defined by the Member States and, where they exist, Community laws and regulations regarding entry, stay and work. The precise duration can vary according to the different categories of natural persons mentioned in this schedule. For category (i), the length of stay is limited in the following Member States as follows: EE — three years, which may be extended for up to two additional years for a total term not to exceed five years; LV — five years; LT — three years, extendable in the case of senior personnel only for up to two additional years; PL and SI — one year, which may be extended. For category (ii), the length of stay is limited in the following Member States as follows: EE — 90 days per six-month period; PL — three months; LT — three months a year; HU, LV, SI — 90 days.

(11)  All other requirements of Community and Member States' laws and regulations regarding entry, stay, work and social security measures shall continue to apply, including regulations concerning period of stay, minimum wages as well as collective wage agreements.

(12)  An ‘intra-corporate transferee’ is defined as a natural person working within a legal person, other than a non-profit making organisation, established in the territory of Chile, and being temporarily transferred in the context of the provision of a service through commercial presence in the territory of a Member State; the legal persons concerned must have their principal place of business in the territory of Chile and the transfer must be to an establishment (office, branch or subsidiary) of that legal person, effectively providing like services in the territory of a Member State to which the EC Treaty applies.

(13)  The service contract shall comply with the laws, regulations and requirements of the Community and the Member State where the service contract is executed.

(14)  When not appearing under the title ‘Advokat’, or as an EEA lawyer under his or her home-country corresponding title, foreign lawyers may freely offer legal advice activities.

(15)  Access to these professions is governed by the French law No 90-1259 of 31 December 1990 which opens the entire range of legal and judicial activities.

(16)  International law includes also EC law.

(17)  Access to these professions is governed by the French law No 90-1259 of 31 December 1990 which opens the entire range of legal and judicial activities.

(18)  Explanatory note: Given the fact that commercial presence is required to exercise any auditing activity, the cross-border mode is unbound. Only established statutory auditors can be approved by the national professional bodies. Approval is a necessary precondition to exercising the activity.

(19)  SI: According to Slovene law, auditing services are a matter of firms, not natural persons.

(20)  Foreign exams and experience giving equivalent competence are recognised.

(21)  Indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.

(22)  Establishment in the form of legal persons is subject to authorisation by Ministry of Health. Entry into public Health Network is subject to a concession from the Institute of Health Insurance of the Republic of Slovenia.

(23)  Indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.

(24)  Where the establishment of pharmacies is subject to an economic needs test, the main criteria taken into account are: the population, the number of existing pharmacies and their geographical density. These criteria are applied on a national treatment basis except for F.

(25)  Additional commitment: in I, professional association (no incorporation) among natural persons is permitted.

(26)  The Service involved relates to the profession of real estate agents and does not affect any rights and/or restrictions on natural and legal persons purchasing real estate.

(27)  The service specified constitutes only a part of the total range of activities covered by the CPC concordance.

(28)  LV: Service specified constitutes only a part of the total range of activities covered by the CPC concordance.

(29)  SI: Public utility exist; concession rights can be granted to the private operators established in the Republic of Slovenia.

(30)  The service involved excludes operation of mines.

(31)  A commitment on this mode of supply is not feasible.

(32)  A commitment on this mode of supply is not feasible.

(33)  Indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.

(34)  The commitment is listed according to the proposed classification that has been notified to WTO by the EC and its Member States on 23 March 2001 (WTO document S/CSS/W/61).

(35)  The term ‘handling’ should be taken to include clearance, sorting, transport and delivery.

(36)  ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.

(37)  ‘Items of correspondence’: a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.

(38)  E.g. letter, postcards.

(39)  Books, catalogues are included hereunder.

(40)  Journals, newspapers, periodicals.

(41)  Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit, confirmation of receipt.

(42)  Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service. Postal item refers to items handled by any type of commercial operator, whether public or private.

(43)  Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of tv and radio programme signals to the general public, butdoes not cover contribution links between operators.

(44)  The service specified constitutes only a part of the total range of activities covered by the CPC concordance.

(45)  A commitment on this mode of supply is not feasible.

(46)  Excluding arms in all Member States. Excluding explosives, chemical products and precious metals in all Member States except AT, FI, SE. Excluding pyrotechnical goods, ignitable articles, blasting devices, ammunition, military equipment, tobacco and tobacco products, toxic substances, medical and surgical devices, certain medical substances and objects for medical use in AT. Excluding distribution of pyrotechnical goods, ignitable articles and blasting devices, firearms, ammunition and military equipment, toxic substances and certain medical substances in Slovenia.

(47)  Excluding tobacco in ES, IT.

(48)  Excluding tobacco in ES, IT, FR.

(49)  The coverage for EE, LT and LV includes CPC 633, 6111, 61221, 63234. Excluding CPC 613 in LT. Excluding alcoholic beverages in FI, SE. Excluding CPC 61112, 6121, 613, 63107, 63108, 63211 in PL. Excluding pharmaceutical products (part of CPC 63211) in all Member States, which is committed in professional services under ‘pharmacists’. Distribution services away from a fixed location (direct selling) are considered included as retail services. CPC 633 (repair services of personal and household goods) is committed under business services. This sector covers exclusively the distribution of merchandises. These are physical and transportable.

(50)  Where establishment is subject to an economic needs test, the main criteria are: the number of and impact on existing stores, population density, geographic spread, impact on traffic conditions and creation of new employment.

(51)  Excluding tobacco in ES, FR and IT. Excluding alcoholic beverages in IE.

(52)  Sale on a permanent basis from a fixed point of sale or manufacturing facilities are not affected by these rules.

(53)  The classification of the environmental services is listed according to the classification proposal included in Job 7612 (Communication of the EC and its Member States).

(54)  A commitment on this mode of supply is not feasible.

(55)  Where establishment is subject to an economic needs test in a Member State, the main criteria are: the number of beds and/or heavy medical equipment on the basis of needs, population density and age scale, geographic spread, protection of areas of particular historic and artistic interest, impact on traffic conditions and creation of new employment.

(56)  Law on Enterprises; supplement 1995

(57)  ‘The Community shall continue to grant to ships operated by service suppliers of the other Party treatment no less favourable than that accorded to its own ships with regard to, inter alia, access to ports, use of infrastructure and auxiliary maritime services of the ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading. In ports services also include:’

1. Pilotage; 2. Towing and tug assistance; 3. Provisioning, fuelling and watering; 4. Garbage collecting and ballast waste disposal; 5. Port Captain's services; 6. Navigation aids; 7. Shore-based operational services essential to ship operations, including communications, water and electrical supplies; 8. Emergency repair facilities; 9. Anchorage, berth and berthing services.

(58)  A commitment on this mode of supply is not feasible.

(59)  Public utility concession or licensing procedures may apply in case of occupation of the public domain.

(60)  ‘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.

(61)  ‘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.

(62)  ‘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.

(63)  ‘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.

(64)  The Community shall continue to grant to ships operated by service suppliers of the other Party treatment no less favourable than that accorded to its own ships with regard to, inter alia, access to ports, use of infrastructure and auxiliary maritime services of the ports, as well as related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading. In ports services also include (same as footnote for international maritime transport above) 1. Pilotage; 2. Towing and tug assistance; 3. Provisioning, fuelling and watering; 4. Garbage collecting and ballast waste disposal; 5. Port Captain's services; 6. Navigation aids; 7. Shore-based operational services essential to ship operations, including communications, water and electrical supplies; 8. Emergency repair facilities; 9. Anchorage, berth and berthing services.

(65)  Indicates that the service specified constitutes only a part of the total range of activities by the CPC concordance.

(66)  Needs test based on the number of service suppliers in the local geographic area.

(67)  Where the supply of a service is subject to an economic needs test, this is essentially based on existing public transport on the route concerned.

(68)  Indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.

ANNEX VI

(ANNEX VIII of the Agreement referred to in Article 120 of the Agreement)

SCHEDULE OF SPECIFIC COMMITMENTS ON FINANCIAL SERVICES

PART A

Community's schedule

Introductory Note

1.

The specific commitments in this schedule apply only to the territories in which the Treaties establishing the Community are applied and under the conditions laid down in these Treaties. These commitments apply only to the relations between the Communities and their Member States on the one hand, and non-Community countries on the other. They do not affect the rights and obligations of Member States arising from Community law.

2.

The following abbreviations are used to indicate the Member States:

AT Austria

BE Belgium

CY Cyprus

CZ Czech Republic

DE Germany

DK Denmark

ES Spain

EE Estonia

FR France

FI Finland

EL Greece

HU Hungary

IT Italy

IE Ireland

LU Luxembourg

LT Lithuania

LV Latvia

MT Malta

NL The Netherlands

PT Portugal

PL Poland

SE Sweden

SI Slovenia

SK Slovak Republic

UK United Kingdom

‘Subsidiary’ of a legal person means a legal person which is effectively controlled by another legal person.

‘Branch’ of a legal person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension.

I.

HORIZONTAL COMMITMENTS

All sectors included in this schedule

 

 

 

 

3.

In all Member States (1) services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators (2).

3.

a)

Treatment accorded to subsidiaries (of Chilean companies) formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community is not extended to branches or agencies established in a Member State by a Chilean company. However, this does not prevent a Member State from extending this treatment to branches or agencies established in another Member State by a Chilean company or firm, as regards their operation in the first Member State's territory, unless such extension is explicitly prohibited by Community law.

b)

Less favourable reatment may be accorded to subsidiaries (of Chilean companies) formed in accordance with the law of a Member State which have only their registered office or central administration in the territory of the Community, unless it can be shown that they possess an effective and continuous link with the economy of one of the Member States.

 

 

HU: Commercial presence should take the form of limited liability company, joint-stock company, or representative office. Initial entry as branch is not permitted.

Formation of Legal Entity

3.

SE: A limited liability company (joint stock company) may be established by one or several founders. A founding party shall either reside within the EEA (European Economic Area) or be an EEA legal entity. A partnership can only be a founding party if each partner resides within the EEA (3). Corresponding conditions prevail for establishment of all other types of legal entities.

 

 

Law on foreign companies' branches

3.

SE: A foreign company (which has not established a legal entity in Sweden) shall conduct its commercial operations through a branch, established in Sweden with independent management and separate accounts.

SE: Building projects with a duration of less than a year are exempted from the requirements of establishing a branch or appointing a resident representative.

Law on foreign companies' branches

3.

SE: The managing director and at least 50 % of the members of the board shall reside within the EEA (European Economic Area).

SE: The managing director of a branch shall reside within the EEA (European Economic Area) (3).

SE: Foreign or Swedish citizens not residing in Sweden, who wishes to conduct commercial operations in Sweden, shall appoint and register with the local authority a resident representative responsible for such activities.

SI: The establishment of branches by foreign companies is conditioned with the registration of the parent company in a court register in the country of origin for at least one year.

 

 

Legal Entities:

3.

FI: Acquisition of shares by foreign owners giving more than one third of the voting rights of a major Finnish company or a major business undertaking (with more than 1 000 employees or with a turnover exceeding Finnish markka 1 000 million or with a balance sheet total exceeding EUR 167 million) is subject to confirmation by the Finnish authorities; the confirmation may be denied only if an important national interest would be jeopardised.

FI: At least half of the founders of a limited company need to be resident either in Finland or in one of the other EEA (European Economic Area) countries. Company exemptions may, however, be granted.

PL: The establishment by foreign service suppliers may only take the form of limited partnership, limited liability company or joint stock company.

FI: A foreigner living outside the European Economic Area and carrying on a trade as a private entrepreneur or as a partner in a Finnish limited or general partnership needs a trade permit. If a foreign organisation or foundation which is resident outside the European Economic Area intends to carry on a business or trade by establishing a branch in Finland, a trade permit is required.

FI: If at least half of the members of the Board or the Managing Director are resident outside the European Economic Area, a permission is required. Company exemptions may, however, be granted.

SK: A foreign natural person whose name is to be registered in the Commercial Register as a person authorised to act on behalf of the entrepreneur is required to submit residence permit for the Slovak Republic.

 

 

Real estate purchases:

DK: Limitations on real estate purchase by non-resident physical and legal entities. Limitations on agricultural estate purchased by foreign physical and legal entities.

EL: According to Law No 1892/89 permission from the Minister of Defence is needed for a citizen to acquire land in areas near borders. According to administrative practices permission is easily granted for direct investment.

CY: Unbound.

HU: Unbound for the acquisition of state owned property.

LT: Unbound for the acquisition of land by juridical and natural persons.

MT: Unbound for the acquisition of real property.

LV: Unbound in relation to acquisition of land by juridical persons. Land lease not exceeding 99 years permitted.

PL: Unbound in relation to acquisition of State-owned property, i.e. the regulations governing the privatisation process (for mode 3).

SI: Juridical persons, established in the Republic of Slovenia with foreign capital participation, may acquire real estate on the territory of the Republic of Slovenia. Branches (4) established in the Republic of Slovenia by foreign persons may only acquire real estate, except land, necessary for the conduct of the economic activities for which they are established. Ownership of real estate in the border areas of 10 km by companies in which majority of capital or voting rights belongs directly or indirectly to juridical persons or nationals of another Member is subject to special permission.

Real estate purchases:

AT: The acquisition, purchase as well as rent or lease of real estate by foreign natural persons and legal persons requires an authorisation by the competent regional authorities (Länder) which will consider whether important economic, social or cultural interests are affected or not.

IE: Prior written consent of the Land Commission is necessary for the acquisition of any interest in Irish land by domestic or foreign companies or foreign nationals. Where such land is for industrial use (other than agricultural industry), this requirement is waived subject to a certificate to this effect from the Minister for Enterprise and Employment. This law does not apply to land within the boundaries of cities and towns.

CZ: Limitations on real estate acquisition by foreign natural and legal entities. Foreign entities may acquire real property through establishment of the Czech legal entities or participation in joint ventures. Acquisition of the land by foreign entities is subject to authorisation.

HU: Unbound for the acquisition of real estate by foreign natural persons.

LV: Unbound in relation to acquisition of land by juridical persons. Land lease not exceeding 99 years permitted.

PL: Acquisition of real estate, direct and indirect, by foreigners and foreign legal persons requires permission

 

 

SK: None except for land (for modes 3 and 4)

SK: Limitations on real estate acquisition by foreign physical and legal entities. Foreign entities may acquire real property through establishment of Slovak legal entities or participation in joint ventures. Acquisition of the land by foreign entities is subject to authorisation (for modes 3 and 4).

 

 

 

IT: Unbound for purchase of real estate.

FI (Åland Islands): Restrictions on the right for natural persons who do not enjoy regional citizenship in Åland, and for legal persons, to acquire and hold real property on the Åland Islands without permission by the competent authorities of the islands.

FI (Åland Islands): Restrictions on the right of establishment and the right to provide services by natural persons who do not enjoy regional citizenship in Åland, or by any legal person, without permission by the competent authorities of the Åland Islands.

 

 

Investments:

FR: Foreign purchases exceeding 33,33 % of the shares of capital or voting rights in existing French enterprise, or 20 % in publicly quoted French companies, are subject to the following regulation:

after a period of one month following prior notification, authorisation is tacitly granted unless the Minister of Economic Affairs has, in exceptional circumstances, exercised its right to postpone the investment.

FR: Foreign participation in newly privatised companies may be limited to a variable amount, determined by the government of France on a case by case basis, of the equity offered to the public.

ES: Investment in Spain by foreign government and foreign public entities (which tends to imply, besides economic, also non-economic interests to entity's part), directly or through companies or other entities controlled directly or indirectly by foreign governments, need prior authorisation by the government.

PT: Foreign participation in newly privatised companies may be limited to a variable amount, determined by the Government of Portugal on a case-by-case basis, of the equity offered to the public.

Investments:

CY: Entities with foreign participation must have paid up capital commensurate with their finance requirements and non-residents must finance their contribution through the importation of foreign exchange.

In case the non-resident participation exceeds 24 per cent, any additional financing for working capital requirements or otherwise should be raised from local and foreign sources in proportion to the participation of residents and non-residents in the entity's equity. In the case of branches of foreign companies, all capital for the initial investment must be provided from foreign sources. Borrowing from local sources is only permitted after the initial implementation of the project, for financing working capital requirements.

HU: Unbound for the acquisition of state-owned properties.

LT: Investments in organizing the lotteries are forbidden under the Law on Foreign Capital Investment.

 

 

IT: Exclusive rights may be granted or maintained to newly-privatised companies. Voting rights in newly privatised companies may be restricted in some cases. For a period of five years, the acquisition of large equity stakes of companies operating in the fields of defence, transport services, telecommunications and energy may be subject to the approval of the Ministry of Treasury.

FR: For establishing in certain (5) commercial, industrial or artisanal activities, a specific authorisation is needed if the managing director is not holder of a permanent residence permit.

MT: Companies with the participation of non-resident legal or natural persons are subject to the same capital requirement applicable to companies that are fully owned by residents as follows: private companies — Lm500 (with a minimum of 20 % as paid up capital); public companies — Lm20000 (with a minimum of 25 % paid up capital). The non-resident percentage of share of the equity is to be paid for with funds emanating from abroad.

 

 

CY: The permission of the Central Bank is required for the participation of any non-resident in a corporate body or partnership in Cyprus. Foreign participation in all sectors/subsectors included in the Schedule of Commitments is normally limited up to 49 %. The decision of the authorities to grant permission for foreign participation is based on an economic needs test, for which the following criteria are used in general:

(a)

Provision of services which are new to Cyprus

(b)

Promotion of the export orientation of the economy with development of existing and new markets

(c)

Transfer of modern technology, know-how and new management techniques

(d)

Improvement either of the productive structure of the economy or of the quality of existing products and services

(e)

Complementary impact on existing units or activities

(f)

Viability of proposed project

(g)

Creation of new job opportunities for scientists, qualitative improvement and training of local staff.

In exceptional cases, in which a proposed investment satisfies most of the economic needs test criteria to a large extent, permission for foreign participation exceeding 49 % may be granted.

Subsidies

Eligibility for subsidies from the Community or Member States may be limited to legal persons established within the territory of a Member State or a particular geographical sub-division thereof. Unbound for subsidies for research and development. Unbound for branches established in a Member State by a non-Community company. The supply of a service, or its subsidisation, within the public sector is not in breach of this commitment.

Commitments taken in this schedule do not require the Community or Member States to offer a subsidy to a service supplied from outside its territory.

To the extent that any subsidies are made available to natural persons, their availability may be limited to nationals of a Member State.

 

 

In the case of public companies, foreign equity participation is normally allowed to the extent of up to 30 per cent. In Mutual Funds the extent of allowable foreign ownership is 40 %.

Corporate bodies have to be registered under the Companies Law. Same Law requires that a foreign company wishing to establish a place of business or an office in Cyprus must register it as a foreign branch. For the registration the prior approval of the Central Bank is required under the Exchange Control Law. Such approval is subject to the foreign investment policy applicable at the time with regard to the Corporate Body's proposed activities in Cyprus and the general investment criteria stipulated above.

HU: Unbound for the acquisition of state-owned properties.

MT: The Companies Act (Cap.386) regulating the supply of services by non-residents through the registration of a local company and the External Transactions Act (Cap. 233) which regulates the issue, acquisition, sale and redemption of securities not listed on the Malta Stock Exchange shall continue to apply.

 

 

 

PL: Authorisation of the establishment of a company with foreign equity is required in the case of:

establishment of company, purchase or acquiring of shares or stocks in an existing company; extending of the activity of the company when the scope of activity embraces at least one of the following areas:

management of seaports and airports,

dealing in real estate or acting as intermediary in real estate transactions,

supply to defence industry that is not covered by other licensing requirements,

wholesale trade in imported consumer goods,

provision of legal advisory services,

establishment of a joint-venture company with a foreign equity in which the Polish party is a state legal person and is contributing non-pecuniary assets as initial capital,

arranging a contract, that includes right to use of state property for more than six months or decides on acquiring of such property.

SI: For financial services, authorisation is issued by the authorities indicated in sector specific commitments and according to conditions indicated in sector specific commitments.

There are no limitations on establishment of a new business establishment (greenfield investments).

 

 

 

Exchange regime (6)  (7)  (8):

1 and 2. SK: In relation to current payments, limitation on acquisition of foreign exchange by resident nationals for personal purposes.

In relation to capital payments, foreign exchange authorisation required for acceptance of financial credits from foreign subjects, direct capital investments abroad, acquisition of real estate abroad and purchase of foreign securities.

Exchange regime (9)

4.

CY: Under the Exchange Control Law, non-residents are not normally permitted to borrow from local sources

 

 

4.

Unbound except for measures concerning the entry into and temporary stay (10) within a Member State, without requiring compliance with an economic needs test (11), of the following categories of natural persons providing services:

4.

Unbound except for measures concerning the categories of natural persons referred to in the Market Access column.

 

 

(i)

the temporary presence, as intra-corporate transferee (12), of natural persons in the following categories, provided that the service supplier is a legal person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders), for at least the year immediately preceding such movement:

Community directives on mutual recognition of diplomas do not apply to nationals of third countries. Recognition of the diplomas which are required in order to practise regulated professional services by non-Community nationals remains within the competence of each Member State, unless Community law provides otherwise. The right to practise a regulated professional service in one Member State does not grant the right to practise in another Member State.

 

 

(a)

Persons working in a senior position within a legal person, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent, including:

directing the establishment or a department or sub-division of the establishment,

supervising and controlling the work of other supervisory, professional or managerial employees,

having the authority personally to hire and fire or recommend hiring, firing or other personnel actions.

Residency requirements

AT: Managing directors of branches and legal persons have to be resident in Austria; natural persons responsible within a legal person or a branch for the observance of the Austrian Trade Act must be resident in Austria.

MT: Immigration regulations under the Immigration Act (Cap 217) will regulate the issue of residency permits/documents.

 

 

(b)

Persons working within a legal person who possess uncommon knowledge essential to the establishment's service, research equipment, techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession.

 

 

 

(ii)

the temporary presence of natural persons in the following categories:

 

 

 

(a)

Persons not residing in the territory of a Member State to which the EC treaties apply, who are representatives of a service supplier and are seeking temporary entry for the purpose of negotiating for the sale of services or entering into agreements to sell services for that service provider, where those representatives will not be engaged in making direct sales to the general public or in supplying services themselves (in addition, for EE, HU, LV, SI: or on their own behalf receive remuneration from a source located within the Member State concerned).

 

 

 

(b)

Persons working in a senior position, as defined in i) a) above, within a legal person, who are responsible for setting up in a Member State a commercial presence of a service provider of Chile when:

the representatives are not engaged in making direct sale or supplying services (in addition, for EE, HU, LV, SI: or on their own behalf receive remuneration from a source located within the Member State concerned), and

the service provider has its principal place of business in the territory of Chile and has no other representative, office, branch or subsidiary in that Member State.

 

 

 

FR: The managing director of an industrial, commercial or artisanal activity (13), if not holder of a residence permit, needs a specific authorisation.

 

 

 

IT: Access to industrial, commercial and artisanal activities is subject to a residence permit and specific authorisation to pursue the activity.

 

 

II.1.

FINANCIAL SERVICES-SPECIFIC COMMITMENTS (first part) (14)

1.

Part of the EC (AT, BE, CZ, DK, DE, ES, FI, FR, EL, HU, IE, IT, LU, NL, PT, SK, SE, UK) undertakes commitments on Financial Services in accordance with the provisions of the ‘Understanding on Commitments in Financial Services’ attached (hereinafter referred to as the Understanding). These commitments are in the following section. Commitments on Financial Services of the other part of the EC (CY, EE, LV, LT, MT, PL, SI) are not based on the Understanding and are in a second section.

2.

These commitments are subject to the limitations on market access and national treatment in the ‘all sectors’ section of this schedule and to those relating to the subsectors listed below.

3.

The market access commitments in respect of modes 1 and 2 apply only to the transactions indicated in paragraphs B.3 and B.4 of the market access section of the Understanding respectively, except for Hungary, for which they apply only to the transactions indicated in paragraphs B.3 (a) and (b) and B.4 (a) and (b) respectively.

4.

Notwithstanding note 1 above, the market access and national treatment commitments in respect of mode (4) on financial services are those in the ‘all sectors’ section of this schedule, except for the Czech Republic, Hungary, the Slovak Republic, and Sweden, in which case commitments are made in accordance with the Understanding.

5.

The admission to the market of new financial services or products may be subject to the existence of, and consistency with, a regulatory framework aimed at achieving the objectives indicated in Article 121.

6.

As a general rule and in a non-discriminatory manner, financial institutions incorporated in a Member State of the Community must adopt a specific legal form.

7.

HU: Insurance, banking, securities and collective investment management services should be performed by legally separate and independently capitalised suppliers of financial services, although banks may be authorised to provide services in the securities field as well.

8.

HU: It is intended to bind direct branching once it is bound in the GATS, and under the conditions set therein.

9.

HU: The board of a financial institution should include at least two members, who are Hungarian citizens, residents in the meaning of the relevant foreign exchange regulations and have permanent residency in Hungary for at least one year.

II.1.

FINANCIAL SERVICES-SPECIFIC COMMITMENTS (first part)

A.

Insurance and insurance-related services

1.

CZ: Compulsory motor third party liability insurance is provided by an exclusive supplier (15). Compulsory health insurance is provided by licensed Czech-owned suppliers only.

2.

SK: The following insurance services are provided by exclusive suppliers: Compulsory motor third party liability insurance, compulsory air transport insurance, the liability insurance of employer against injury or occupational disease has to be effected through the Slovak insurance company. The basic health insurance is confined to the Slovak health insurance companies having a licence for provision of health insurance granted by the Ministry of Healthcare of the Slovak Republic according to the Act 273/1994 Coll. of Law. Fund pension insurance schemes and sickness insurance are confined to the Social Insurance Company.

 

1.

AT: Promotional activity and intermediation on behalf of a subsidiary not established in the Community or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited.

AT: Compulsory air insurance can be underwritten only by a subsidiary established in the Community or by a branch established in Austria.

CZ: None other than:

 

Foreign financial services suppliers may establish an insurance company with the seat in the Czech Republic in the form of a joint stock company or may exercise insurance activity through their branches with registered office in the Czech Republic under the conditions established in the Insurance Industry Act.

 

Commercial presence and authorisation is required for the provider of insurance services:

to provide such services including reinsurance, and

to conclude intermediation contract with an intermediary aimed at the conclusion of insurance contract between the provider of insurance services and third party.

1.

AT: Higher premium tax is due for insurance contracts (except for contracts on reinsurance and retrocession) which are written by a subsidiary not established in the Community or by a branch not established in Austria. Exception from the higher tax can be granted.

Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) undertakes additional commitments as contained in the ‘Additional commitments by part of the EC’ attached.

 

Authorisation is required for the intermediary in case of its intermediation activity to be exercised for a branch with registered office in the Czech Republic.

 

 

 

DK: Compulsory air transport insurance can be underwritten only by firms established in the Community.

DK: No persons or companies (including insurance companies) may for business purposes in Denmark assist in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed by Danish law or by Danish competent authorities.

 

 

 

DE: Compulsory air insurance policies can be underwritten only by a subsidiary established in the Community or by a branch established in Germany.

 

 

 

DE: If a foreign insurance company has established a branch in Germany, it may conclude insurance contracts in Germany relating to international transport only through the branch established in Germany.

IT: Unbound for the actuarial profession.

FI: Only insurers having their head office in the European Economic Area or having their branch in Finland may offer insurance services as referred to in subparagraph 3(a) of the Understanding.

 

 

 

FI: The supply of insurance broker services is subject to a permanent place of business in the European Economic Area.

FR: Insurance of risks relating to ground transport may be carried out only by insurance firms established in the Community.

 

 

 

IT: Transport insurance of goods, insurance of vehicles as such and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the Community. This reservation does not apply for international transport involving imports into Italy.

 

 

 

SK: Commercial presence is required for supply of:

the life insurance of persons with permanent residence in the Slovak Republic,

the insurance of property on the territory of the Slovak Republic,

the insurance of liability for loss or damage caused by the activity of natural persons and juridical persons on the territory of the Slovak Republic,

air and maritime insurance, covering goods, aircraft, hull and liability.

SE: The supply of direct insurance is allowed only through an insurance service supplier authorised in Sweden, provided that the foreign service supplier and the Swedish insurance company belong to the same group of companies or have an agreement of cooperation between them.

 

 

 

2.

AT: Promotional activity and intermediation on behalf of a subsidiary not established in the Community or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited.

AT: Compulsory air insurance can be underwritten only by a subsidiary established in the Community or by a branch established in Austria.

2.

AT: Higher premium tax is due for insurance contracts (except for contracts on reinsurance and retrocession) which are written by a subsidiary not established in the Community or by a branch not established in Austria. Exception from the higher tax can be granted.

 

 

CZ: None other than:

Insurance services as defined below may not be purchased abroad.

The life insurance of persons with permanent residence in the Czech Republic

the insurance of property on the territory of the Czech Republic

the insurance of liability for loss or damage caused by the activity of natural and legal persons on the territory of the Czech Republic.

 

 

 

DK: Compulsory air transport insurance can be underwritten only by firms established in the Community.

DK: No persons or companies (including insurance companies) may, for business purposes in Denmark, assist in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed by Danish law or by Danish competent authorities.

DE: Compulsory air insurance policies can be underwritten only by a subsidiary established in the Community or by a branch established in Germany.

 

 

 

DE: If a foreign insurance company has established a branch in Germany, it may conclude insurance contracts in Germany relating to international transport only through the branch established in Germany.

FR: Insurance of risks relating to ground transport may be carried out only by insurance firms established in the Community.

IT: Transport insurance of goods, insurance of vehicles as such and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the Community. This reservation does not apply for international transport involving imports into Italy.

SK: Insurance services covered by mode 1, except insurance of air and maritime transport, covering goods, aircraft, hull and liability above may not be purchased abroad.

 

 

 

3.

AT: The licence for branch offices of foreign insurers has to be denied if the insurer, in the home country, does not have a legal form corresponding or comparable to a joint stock company or a mutual insurance association.

CZ: None other than:

Foreign financial services suppliers may establish an insurance company with the seat in the Czech Republic in the form of a joint stock company or may exercise insurance activity through their branches with registered office in the Czech Republic under the conditions established in the Insurance Industry Act.

Commercial presence and authorisation is required for the provider of insurance services:

to provide such services including reinsurance, and

to conclude intermediation contract with an intermediary aimed at the conclusion of insurance contract between the provider of insurance services and third party.

3.

SK: The majority of the management board of an insurance company has to be domiciled in the Slovak Republic.

SE: Non-life insurance undertakings not incorporated in Sweden conducting business in Sweden are - instead of being taxed according to the net result - subject to taxation based on the premium income from direct insurance operations.

SE: A founder of an insurance company shall be a natural person resident in the European Economic Area or a legal entity incorporated in the European Economic Area.

 

 

Authorisation is required for the intermediary in case of its intermediation activity to be exercised for a branch with registered office in the Czech Republic.

 

 

 

FI: The managing director, at least one auditor and at least one half of the promoters and members of the board of directors and the supervisory board of an insurance company shall have their place of residence in the European Economic Area, unless the Ministry of Social Affairs and Health has granted an exemption.

FI: Foreign insurers cannot get a licence in Finland as a branch to carry on statutory social insurances (statutory pension insurance, statutory accident insurance).

 

 

 

FR: The establishment of branches is subject to a special authorisation for the representative of the branch.

EL: The right of establishment does not cover the creation of representative offices or other permanent presence of insurance companies, except where such offices are established as agencies, branches or head offices.

IT: Access to actuarial profession through natural persons only. Professional associations (no incorporation) among natural persons permitted.

IT: The authorisation of the establishment of branches is ultimately subject to the evaluation of supervisory authorities.

IE: The right of establishment does not cover the creation of representative offices.

 

 

 

SK: Licence is required for provision of insurance services. Foreign national may establish an insurance company with the seat in the Slovak Republic in the form of a joint stock company or may conduct insurance business through their subsidiaries with registered office in the Slovak Republic under the general conditions established in the Law on Insurance. Insurance business means insurance activity including brokerage and reinsurance activity.

 

 

 

Intermediation activity aimed at the conclusion of an insurance contract between third party and the insurance company may be provided by natural or juridical persons who are domiciled in the Slovak Republic for the benefit of the insurance company having the license of the Insurance Supervisory Authority.

 

 

 

Intermediation contract aimed at conclusion of an insurance contract by third party with the insurance company may be concluded by domestic or foreign insurance company only after a licence had been granted by the Insurance Supervisory Authority

 

 

 

The financial resources of specific insurance funds of licensed insurance operators derived from insuring or reinsuring policy holders with residence or registered office in the Slovak Republic must be deposited in a resident bank in the Slovak Republic and may not be transferred abroad.

 

 

 

SE: Insurance broking undertakings not incorporated in Sweden may establish a commercial presence only through a branch.

 

 

II.1.

FINANCIAL SERVICES-SPECIFIC COMMITMENTS (first part)

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

EL: A majority of the members of the board of directors of a company established in Greece shall be nationals of one of the Member States of the Community.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

AT: The management of a branch office must consist of two natural persons resident in Austria.

DK: The general agent of an insurance branch will need to have resided in Denmark for the last two years unless being a national of one of the Member States of the Community. The Minister of Business and Industry may grant exemption.

DK: Residency requirement for managers and the members of the board of directors of a company. However, the Minister of Business and Industry may grant exemption from this requirement. Exemption is granted on a non-discriminatory basis.

IT: Residence requirement for actuarial profession.

 

B.

Banking and other financial services (excluding insurance)

1.

CZ: Non-central bank currency issue services, trading of bullion, money broking, settlement and clearing services for derivative products, and advisory, intermediation and other auxiliary financial services relating to these activities are not committed.

2.

SK: Trading of bullion, money broking, and intermediation are not committed.

 

1.

 (16) BE: Establishment in Belgium is required for the provision of investment advisory services.

IT: Unbound for ‘promotori di servizi finanziari’ (financial salesmen).

CZ: Unbound for trading of transferable securities and of other negotiable instruments and financial assets, participation in issues of all kinds of securities, asset management, and settlement and clearing services for financial assets.

None other than:

Only Czech established banks and branches of foreign banks having a corresponding licence may:

provide deposit services;

trade in foreign exchange assets;

effect non-cash cross-border payments.

1.

None.

Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) undertakes additional commitments as contained in the ‘Additional commitments by part of the EC’ attached.

 

Foreign exchange permit issued by the Czech National Bank or Ministry of Finance is required in case of Czech non-bank residents for:

(a)

opening and funding of an account abroad by Czech residents

(b)

capital payments abroad (except FDI)

 

 

 

(c)

granting financial credits and guarantees

(d)

operations in financial derivates

 

 

 

(e)

purchase of foreign securities except for the cases as described by the Foreign Exchange Act

 

 

 

(f)

issue of foreign securities for public and non-public trade in the Czech Republic or their introduction on the domestic market.

 

 

 

IE: The provision of investment services or investment advice requires either (i) authorisation in Ireland, which normally requires that the entity be incorporated or be a partnership or a sole trader, in each case with a head/registered office in Ireland (authorisation may not be required in certain cases, e.g. where a third country service provider has no commercial presence in Ireland and the service is not provided to private individuals), or (ii) authorisation in another Member State in accordance with the EC Investment Services Directive.

 

 

 

SK: Unbound for trading of transferable securities and of other negotiable instruments and financial assets, participation in issues of all kinds of securities, asset management, and settlement and clearing services for financial assets.

 

 

 

None other than:

(i)

Deposit services are confined to the domestic banks and branches of foreign banks in the Slovak Republic.

 

 

 

(ii)

Only authorised domestic banks, branches of foreign banks in the Slovak Republic and persons possessing a foreign exchange license may trade in foreign exchange assets. Only stock exchange members can trade on the Bratislava Stock Exchange. Residents can trade on the RM-System Slovakia without any limitation and non-residents only through security dealers.

 

 

 

(iii)

Non-cash cross-border payments may be effected only by authorised domestic banks and branches of foreign banks in the Slovak Republic.

 

 

 

(iv)

Foreign exchange licence issued by the National Bank of Slovakia is required for:

(a)

opening an account abroad by a Slovak non-bank resident, except for the natural persons during their stay abroad;

(b)

capital payments abroad;

(c)

obtaining financial credit from a foreign exchange non-resident; except credits from abroad accepted by residents with a repayment period of more than three years and loans granted between natural persons for non-business activities.

 

 

 

(v)

Export and import of the Slovak currency and foreign exchange in cash exceeding value of SKK 150 000 and bullion, is subject to reporting requirement.

 

 

 

(vi)

Foreign exchange permission or licence granted by foreign exchange authorities is required for a deposit of financial assets by resident abroad.

 

 

 

(vii)

Only foreign exchange entities established in the Slovak Republic can grant and obtain guarantees and liabilities according to determined limit and provisions of the National Bank of Slovakia.

 

 

 

2.

 (17) CZ: Unbound for asset management.

None other than:

Only Czech established banks and branches of foreign banks having a corresponding licence may:

2.

None.

 

 

provide deposit services

trade in foreign exchange assets;

effect non-cash cross-border payments.

 

 

 

Foreign exchange permit issued by the Czech National Bank or Ministry of Finance is required in case of Czech non-bank residents for:

 

 

 

(a)

opening and funding of an account abroad by Czech residents

(b)

capital payments abroad (except FDI)

(c)

granting financial credits and guarantees

 

 

 

(d)

operations in financial derivates

(e)

purchase of foreign securities except for the cases as described by the Foreign Exchange Act

 

 

 

(f)

issue of foreign securities for public and non-public trade in the Czech Republic or their introduction on the domestic market.

 

 

 

FI: Payments from governmental entities (expenses) shall be transmitted through the Sampo Bank Ltd. Exemption from this requirement may be granted on special reason by the Ministry of Finance.

SK: Unbound for asset management.

 

 

 

None other than:

(i)

Deposit services are confined to the domestic banks and branches of foreign banks in the Slovak Republic.

 

 

 

(ii)

Only authorised domestic banks, branches of foreign banks in the Slovak Republic and persons possessing a foreign exchange license may trade in foreign exchange assets. Only stock exchange members can trade on the Bratislava Stock Exchange. Residents can trade on the RM-System Slovakia without any limitation and non-residents only through security dealers.

 

 

 

(iii)

Non-cash cross-border payments may be effected only by authorised domestic banks and branches of foreign banks in the Slovak Republic.

 

 

 

(iv)

Foreign exchange licence issued by the National Bank of Slovakia is required for:

(a)

opening an account abroad by a Slovak non-bank resident, except for the natural persons during their stay abroad;

(b)

capital payments abroad;

(c)

obtaining financial credit from a foreign exchange non-resident; except credits from abroad accepted by residents with a repayment period of more than 3 years and loans granted between natural persons for non-business activities.

 

 

 

(v)

Export and import of the Slovak currency and foreign exchange in cash exceeding value of SKK 150 000 and bullion, is subject to reporting requirement.

 

 

 

(vi)

Foreign exchange permission or licence granted by foreign exchange authorities is required for a deposit of financial assets by resident abroad

 

 

 

(vii)

Only foreign exchange entities established in the Slovak Republic can grant and obtain guarantees and liabilities according to determined limit and provisions of the National Bank of Slovakia.

 

 

 

3.

All Member States:

The establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies.

Only firms having their registered office in the Community can act as depositories of the assets of investment funds.

3.

SE: A founder of a banking company shall be a natural person resident in the European Economic Area or a foreign bank. A founder of a savings bank shall be a natural person resident in the European Economic Area.

 

 

CZ: None other than:

Banking services may be provided only by Czech established banks or branches of foreign banks having a licence granted by the Czech National Bank in agreement with the Ministry of Finance.

Mortgage loan services may be provided only by Czech established banks.

Banks may be established as joint stock companies only. The purchase of shares of existing banks is subject to prior approval of the Czech National Bank.

Securities may be traded publicly only if relevant authorisation has been granted and prospectus covering the security has been approved.

 

 

 

The establishment and activities of securities dealers, stockbrokers, of the Stock Exchange or organisers of an over-the-counter market, investment companies and investment funds are subject to authorisation granting of which is related to qualifications, personal integrity, management and material requirements.

 

 

 

Settlement and clearing services for all kinds of payments are monitored and reviewed by the Czech National Bank to ensure their smooth and economical operation.

 

 

 

DK: Financial institutions may engage in securities trading on the Copenhagen Stock Exchange only through subsidiaries incorporated in Denmark.

FI: At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Economic Area, unless the Ministry of Finance grants an exemption. At least one auditor shall have his place of residence in the European Economic Area.

 

 

 

FI: The broker (individual person) on derivative exchange shall have his place of residence in the European Economic Area. Exemption from this requirement may be granted under the conditions set by the Ministry of Finance.

FI: Payments from governmental entities (expenses) shall be transmitted through the Sampo Bank Ltd. Exemption from this requirement may be granted on special reason by the Ministry of Finance.

 

 

 

EL: For the establishment and operations of branches a minimum amount of foreign exchange must be imported, converted into euro and kept in Greece as long as a foreign bank continues to operate in Greece:

Up to four branches this minimum is currently equal to half of the minimum amount of share capital required for a credit institution to be incorporated in Greece

For the operation of additional branches the minimum amount of capital must be equal to the minimum share capital required for a credit institution to be incorporated in Greece.

IT: In providing the activity of door-to-door selling, intermediaries must utilise authorised financial salesmen resident within the territory of a Member State of the European Communities.

IT: Representative offices of foreign intermediaries cannot carry out activities aimed at providing investment services.

 

 

 

IT: Clearing services including the phase of final settlement may be conducted only by entities duly authorised and supervised by the Bank of Italy in agreement with Consob.

IT: The public offer of securities can only be made by entities duly authorised.

IT: Centralised deposit, custody and administration services can be provided only by entities duly authorised and supervised by the Consob in agreement with the Bank of Italy.

 

 

 

IT: In the case of collective investment schemes other than harmonised UCITS under the directive 85/611/EEC, the trustee/depositary is required to be incorporated in Italy or in another Member State of the European Community, being established through a branch in Italy. Only banks, insurance companies, securities investment companies having their legal head office in the European Community may carry out activity of pension fund resources management. Management companies (closed-end funds and real estate funds) are also required to be incorporated in Italy.

IE: In the case of collective investment schemes constituted as unit trusts and variable capital companies (other than undertakings for collective investment in transferable securities, UCITS), the trustee/depositary and management company is required to be incorporated in Ireland or in another Member State of the Community. In the case of an investment limited partnership, at least one general partner must be incorporated in Ireland.

 

 

 

IE: To become a member of a stock exchange in Ireland, an entity must either (i) be authorised in Ireland, which requires that it be incorporated or be a partnership, with a head/registered office in Ireland, or (ii) be authorised in another Member State in accordance with the EC Investment Services Directive.

IE: The provision of investment services or investment advice requires either (i) authorisation in Ireland, which normally requires that the entity be incorporated or be a partnership or a sole trader, in each case with a head/registered office in Ireland (the supervisory authority may also authorise branches of third country entities), or (ii) authorisation in another Member State in accordance with the EC Investment Services Directive.

PT: The establishment of non-EC banks is subject to an authorisation issued, on a case-by-case basis, by the Minister of Finance. The establishment has to contribute to increase the national banking system's efficiency or has to produce significant effects on the internationalisation of the Portuguese economy.

 

 

 

PT: The services of venture capital may not be provided by branches of venture capital companies having their head office in a non-EC country. Pension fund management may be provided only by companies incorporated in Portugal and by insurance companies established in Portugal and authorised to take up the life insurance business.

 

 

 

SK: Banking services may be provided only by domestic banks or branches of foreign banks authorised by the National Bank of Slovakia upon the agreement with the Ministry of Finance. The granting of authorisation is based on the consideration of criteria relating, in particular, to capital endowment (financial strength) professional qualifications, integrity and competence of the management of the projected bank activities. Banks are legal entities incorporated in the Slovak Republic, established as joint-stock companies or public (State-owned) financial institutions.

 

 

 

The purchase of shares expressing interest in the equity capital of existing commercial bank from the determined limit is subject to prior approval of the National Bank of Slovakia.

 

 

 

Investment services in the Slovak Republic can be provided by banks, investment companies, investment funds and security dealers which have legal form of joint-stock company with equity capital according to the law. Foreign investment company or investment fund must obtain an authorisation from Ministry of Finance for selling its securities or investment certificate units on the territory of the Slovak Republic according to the law. For issue of debt securities the permission of the Ministry of Finance is required either for the issue inland or abroad.

 

 

 

Securities may be issued and traded only after a permission by the Ministry of Finance has been granted for public trading according to the Securities Act. The business of security dealer, stockbroker or organiser of an over-the counter market is subject to authorisation of the Ministry of Finance. Settlement and clearing services for all kinds of payments are regulated by National Bank of Slovakia.

 

 

 

Settlement and clearing services relating to change of physical property of securities are recorded in Centre of Securities (Clearing and Settlement House for Securities). Centre of Securities may provide only transfers on the property accounts of security owners. Cash part clearing and settlement goes through Banking Clearing and Settlement House - (where the National Bank of Slovakia is major shareholder) for Bratislava Stock Exchange, joint-stock company or through Jumbo account for RM-System Slovakia.

 

 

 

SE: Undertakings not incorporated in Sweden may establish a commercial presence only through a branch, and in case of banks, also through a representative office.

 

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

FR: Sociétés d'investissement à capital fixe: condition of nationality for the president of the Board of Directors, the Directors-General and no less than two thirds of the administrators, and also, when the securities firm has a Supervisory Board or Council, for the members of such board or its Director-General, and no less than two thirds of the members of the supervisory Council.

EL: Credit institutions should name at least two persons who are responsible for the operations of the institution. Condition of residency applies to these persons.

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitations:

IT: Condition of residence for ‘promotori di servizi finanziari’ (financial salesmen).

 

II.2.

FINANCIAL SERVICES-SPECIFIC COMMITMENTS (second part)

1.

The commitments on Financial Services of the other part of the EC (CY, EE, LV, LT, MT, PL, and SI) are in the following section

2.

CY: Unregulated financial services and products and the admission to the market of new financial services or products, may be subject to the existence or the introduction of a regulatory framework aimed at achieving the objectives indicated in Article 125.

3.

CY: Due to exchange controls operative in Cyprus:

residents are not permitted to purchase banking services which may involve transfer of funds abroad, while they are physically abroad,

loans to non residents/foreigners or non resident controlled companies require approval from the Central Bank,

aquisition of securities by non residents also requires permission from the Central Bank,

dealings in foreign currency may be carried out only through banks which have been accorded ‘authorised dealer’ status from the Central Bank.

4.

MT: For mode 3 commitments, under exchange control legislation non residents wishing to supply any services through the registration of a local company may do so with the prior permission of the Central Bank of Malta. Companies with the participation of non resident legal or natural persons require a minimum share capital of Maltese Liri 10 000 of which 50 % has to be paid up. The non resident percentage share of the equity is to be paid for with funds emanating from abroad. Companies with non resident participation must apply for a permit from the Ministry of Finance to acquire premises under the appropriate legislation.

5.

MT: For mode 4 commitments, the requirements of Maltese legislation and regulations regarding entry, stay, acquisition of real property, work and social security measures shall continue to apply, including regulations concerning period of stay, minimum wages as well as collective wage agreements. Entry, work and residence permits are granted at the discretion of the Government of Malta.

6.

SI: The admission to the market of new financial services or products may be subject to the existence of, and consistency with, a regulatory framework aimed at achieving the objectives indicated in Article 125.

7.

SI: As a general rule and in a non discriminatory manner, financial institutions incorporated in the Republic of Slovenia must adopt a specific legal form.

8.

SI: Insurance and banking activities should be performed by legally separate suppliers of financial services.

9.

SI: Investment services can be provided only through banks and investment firms.

II.2.

FINANCIAL SERVICES-SPECIFIC COMMITMENTS (second part)

A.

Insurance and insurance-related services

1.

EE: Compulsory social security services are not committed.

2.

LV: (i), (ii) (3): As a general rule and in non-discriminatory manner, insurance institutions incorporated in Latvia must adopt a specific legal form.

3.

LV: (iii) (3): Intermediary can be only natural person (no nationality requirement) and can provide service on behalf of insurance company having the authorisation from Insurance Supervisory Authority in Latvia.

4.

LT: All subsectors: Insurance companies are not allowed to provide both life and non-life insurance. Separate incorporation is required for those two types (a) and (b).

(i)

Direct insurance (including co-insurance):

(a)

life

(b)

non-life

(ii)

Reinsurance and retrocession

(iii)

Insurance intermediation, such as brokerage and agency

(iv)

Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services

1.

CY:

Life insurance (including intermediation):

No insurer can offer life insurance services in the Republic of Cyprus unless licensed as an insurer by the Superintendent of Insurance, in accordance with the insurance companies laws.

Non-life insurance (including intermediation):

No insurer can offer non-life insurance services (except marine, aviation and transit) in the Republic of Cyprus unless licensed as an insurer by the Superintendent of Insurance, in accordance with the insurance companies laws.

Reinsurance and retrocession (including intermediation):

Any foreign reinsurer approved by the Superintendent of Insurance (on prudential criteria) may offer reinsurance or retrocession services to insurance companies incorporated and licensed in Cyprus.

Services auxiliary to insurance: None.

EE: None.

1.

CY, EE, LV, LT: None.

MT:

Life insurance, non-life insurance and reinsurance and retrocession: None.

Insurance intermediation and services auxiliary to insurance: Unbound.

PL:

Unbound except for the reinsurance, the retrocession and insurance of goods in international trade.

SI:

Marine, aviation and transport insurance, insurance intermediation, and services auxiliary to insurance: None.

Life insurance, non-life insurance (except marine, aviation and transport insurance), and reinsurance and retrocession: Unbound.

 

 

LV:

Life insurance, non-life insurance and insurance intermediation: Unbound.

Reinsurance and retrocession, and services auxiliary to insurance: None.

 

 

 

LT:

Life insurance, non-life insurance (except for maritime and aviation insurance), and insurance intermediation: Unbound.

Maritime and aviation insurance, reinsurance and retrocession and services auxiliary to insurance: None.

MT:

Marine, aviation and transport insurance, reinsurance and retrocession, and insurance intermediation: None.

Life insurance, non-life insurance (except for marine, aviation and transport insurance), reinsurance and retrocession (except for marine, aviation and transport reinsurance), and services auxiliary to insurance:

Unbound.

 

 

 

PL: Unbound except for the reinsurance, the retrocession and insurance of goods in international trade.

 

 

 

SI:

Marine, aviation and transport insurance:

Insurance activities provided by mutual insurance institutions are limited to incorporated companies established in the Republic of Slovenia.

Life insurance, non-life insurance (except marine, aviation and transport insurance), reinsurance and retrocession, insurance intermediation, and services auxiliary to insurance: Unbound.

 

 

 

2.

CY, EE, LV, LT: None.

MT:

Life insurance, non-life insurance, and reinsurance and retrocession: None.

Insurance intermediation and services auxiliary to insurance: Unbound.

PL: Unbound except for the reinsurance, the retrocession and insurance of goods in international trade.

SI:

Marine, aviation and transport insurance:

Insurance activities provided by mutual insurance institutions are limited to incorporated companies established in the Republic of Slovenia.

2.

CY, EE, LV, LT: None.

MT:

Life insurance, non-life insurance, and reinsurance and retrocession: None.

Insurance intermediation and services auxiliary to insurance: Unbound.

PL: Unbound except for the reinsurance, the retrocession and insurance of goods in international trade.

SI:

Marine, aviation and transport insurance, reinsurance and retrocession, insurance intermediation, and services auxiliary to insurance: None.

 

 

Life insurance and non-life insurance (except marine, aviation and transport insurance): Unbound.

Reinsurance and retrocession:

Reinsurance companies in the Republic of Slovenia have priority in the collection of insurance premiums.

In case that these companies are not able to equalise all risks, these can be reinsured and retroceded abroad. (None upon the adoption of the new law on Insurance Companies).

Life insurance and non-life insurance (except marine, aviation and transport insurance): Unbound.

 

 

Insurance intermediation and services auxiliary to insurance: None.

 

 

 

3.

CY:

Life and non-life insurance (including intermediation):

No insurer can operate in or from within the Republic of Cyprus unless so authorised by the Superintendent of Insurance, in accordance with the Insurance Companies Laws.

Foreign insurance companies can operate in the Republic of Cyprus through the establishment of a branch or an agency. The foreign insurer must have been authorised to operate in his country of origin before authorised to establish a branch or agency.

Participation of non-residents in insurance companies, incorporated in the Republic of Cyprus, requires the prior approval of the Central Bank.

3.

CY, LV, LT, MT, PL: None.

EE:

Life and non-life insurance:

None, except the management body of an insurance joint-stock company with foreign capital participation may include citizens of foreign countries in proportion to the foreign participation, but not more than half of the members of the management group; the head of the management of a subsidiary or an independent company must permanently reside in Estonia.

Reinsurance and retrocession, insurance intermediation and services auxiliary to insurance: None.

 

 

Reinsurance and retrocession (including intermediation):

No company can operate as a reinsurer within the Republic of Cyprus unless so authorised by the Superintendent of Insurance.

Investment by non-residents in reinsurance companies requires the prior approval of the Central Bank. The share of foreign participation in the capital of local reinsurance companies is determined on a case-by-case basis. Currently there is no local reinsurance company.

Services auxiliary to insurance: None.

SI:

Life insurance, non-life insurance, and reinsurance and retrocession: None.

Insurance intermediation and services auxiliary to insurance:

For sole proprietors a residence in the Republic of Slovenia is required.

 

 

EE, LV, LT: None

 

 

 

PL: Establishment in a form of joint stock company or a branch after obtaining a licence.

 

 

 

No more than 5 % of insurance funds can be invested abroad.

A person executing activities of the insurance intermediation must possess a licence. Local incorporation required for insurance intermediaries.

 

 

 

SI:

Life and non-life insurance:

Establishment is subject to a licence issued by the Ministry of Finance. Foreign persons can establish an insurance company only as a joint-venture with domestic person, where participation of foreign persons is limited up to 99 %.

 

 

 

The limitation on the maximum foreign ownership shall be abolished with the adoption of the new Law on Insurance Companies.

 

 

 

A foreign person may acquire or increase shares in a domestic insurance company subject to a prior approval of the Ministry of Finance.

 

 

 

Ministry of Finance, when issuing a licence or approval of acquiring shares in a domestic insurance company, takes into account the following criteria:

the dispersion of ownership of shares and the existence of shareholders from different countries,

the supply of new insurance products and the transfer of related know how, if the foreign investor is an insurance company.

 

 

 

Unbound for foreign participation in insurance company under privatisation.

 

 

 

Membership of the mutual insurance institution is limited to companies established in the Republic of Slovenia and domestic natural persons

 

 

 

Reinsurance and retrocession:

Foreign participation in reinsurance company is limited up to a controlling share of the capital. (None, except for branches, upon the adoption of the new law on Insurance companies).

Insurance intermediation and services auxiliary to insurance:

For providing consultancy and claim settlement services, incorporation is required as a legal entity by consent of the Bureau of insurance.

For actuaries and risk assessment activities provision of services through professional establishment only.

Operation is limited to activities referred under A(i) and (ii) of this Schedule.

 

 

 

4.

CY: Life, non-life insurance, insurance intermediation and services auxiliary to insurance: Unbound.

Reinsurance and retrocession:

Unbound. Natural persons are not authorised to provide reinsurance services.

EE, LV, LT, MT: Unbound except as indicated in the horizontal section under (i) and (ii).

PL: Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following specific limitation: Residency requirement for insurance intermediaries.

SI:

Life insurance, non-life insurance, and reinsurance and retrocession

Unbound except as indicated in the horizontal section under (i) and (ii).

Insurance intermediation and services auxiliary to insurance

Unbound except as indicated in the horizontal section under (i) and (ii) and for actuarial and risk assessment residence is required in addition to a qualifying examination, membership in the Actuarial Association of the Republic of Slovenia and proficiency in the Slovene language.

4.

CY: Life, non-life insurance, insurance intermediation and services auxiliary to insurance: None.

Reinsurance and retrocession:

Unbound. Natural persons are not authorised to provide reinsurance services.

EE, LT, MT, SI: Unbound except as indicated in the horizontal section under (i) and (ii).

LV, PL: None.

 

II.2.

FINANCIAL SERVICES-SPECIFIC COMMITMENTS (second part)

B.

Banking and other financial services (excluding insurance).

1.

CY: Direct or indirect ownership or voting rights in a bank by a person and his/her associates may not exceed 10 % unless with the prior written approval of the Central Bank.

2.

CY: Further to the above, in the three existing local banks listed in the stock exchange, direct or indirect shareholding or acquisition of stake in their capital by foreign persons is restricted to 0,5 % per individual or organisation and 6,0 % collectively.

3.

LV: Mode 4: Manager of a branch and a subsidiary of a foreign bank shall be a Latvian tax payer (resident). The commitments on presence of natural persons are bound according to general provisions applicable to all sectors in this list.

4.

LT: All subsectors: At least one manager must be Lithuanian citizen.

(v)

Acceptance of deposits and other repayable funds from the public

(vi)

Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction

(vii)

Financial leasing

MT: Not committed.

PL: Not committed.

(viii)

All payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts

MT: Not committed.

1.

CY: Subsectors (v) to (ix) and (x) (b): Unbound/only legal entities licensed by the Central Bank may offer banking services in the Republic of Cyprus.

Subsectors (x) (e), (xv) and (xvi): None except as indicated in the horizontal section.

All other subsectors: Unbound

EE: Acceptance of deposits and other repayable funds from the public

Requirement of authorisation by Eesti Pank and registration under Estonian Law as a joint-stock company, a subsidiary or a branch.

EE, LT: The establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies, and only firms having their registered office in the Community can act as depositories of the assets of investment funds.

1.

CY: Unbound, except for:

Subsectors (x) (e), (xv) and (xvi): None except as indicated in the horizontal section.

EE, LV, LT, SI: None.

MT: Subsectors (v) and (vi): None.

Subsector (xv): Unbound, except for the provision of financial information by international providers.

PL: Unbound, except for:

Subsector (xv): None.

 

(ix)

Guarantees and commitments

MT: Not committed.

PL: Excluding guarantees and commitments of the State Treasury.

(x)

Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

(a)

money market instruments (including cheques, bills, certificates of deposits)

(b)

foreign exchange

(c)

derivative products including, but not limited to, futures and options

(d)

exchange rate and interest rate instruments, including products such as swaps, forward rate agreements

LV: Unbound, except for:

Subsectors (xi), (xv) and (xvi): None.

LT: Pension fund management: Commercial presence required.

MT: Subsectors (v) and (vi): None.

Subsector (xv): Unbound, except for the provision of financial information by international providers.

PL: Unbound, except for:

Subsector (xv): Requirement to use the public telecommunication network, or the network of other authorised operator, in the case of cross-border provision of these services.

SI: None for subsector (xv) and (xvi).

Unbound except accepting credits (borrowing of all types), and accepting guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors. (Remark: consumer credits shall be free upon the adoption of the new Foreign Exchange Law).

All abovementioned credit arrangements must be registered with the Bank of Slovenia. (Remark: this provision shall be abolished upon the adoption of the new Law on Banking.)

Foreign persons can only offer foreign securities through domestic banks and stock broking company. Members of the Slovenian Stock Exchange must be incorporated in the Republic of Slovenia.

 

 

(e)

transferable securities

(f)

other negotiable instruments and financial assets, including bullion

MT: Not committed.

PL: Only (x) (e) is committed.

 

 

 

(xi)

Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues

MT: Not committed.

PL: Excluding participation in issues of Treasury papers.

SI: Excluding participation in issues of Treasury bonds.

(xii)

Money broking

MT: Not committed.

PL: Not committed.

2.

CY: Subsectors (v) to (xiv), except subsector (x) (e)

Unbound, residents of Cyprus require permission from the Central Bank in conformity with the Exchange Control Law for borrowing in foreign currency or abroad, for placing funds abroad or for obtaining banking services that require export of funds.

Subsector (x) (e), (xv) and (xvi)

None except as indicated in the horizontal section.

EE, LV, LT: None.

MT: Subsectors (v) and (vi): None.

Subsector (xv): Unbound, except for the provision of financial information by international providers.

PL: Unbound, except for:

 

Subsector (xv): Requirement to use the public telecommunication network, or the network of other authorised operator, in the case of consumption abroad of these services.

 

Subsector (xvi): None.

2.

CY: Unbound, except for:

Subsectors (x) (e), (xv) and (xvi): None except as indicated in the horizontal section.

EE, LV, LT, SI: None.

MT: Subsectors (v) and (vi): None.

Subsector (xv): Unbound, except for the provision of financial information by international providers.

PL: Unbound, except for:

Subsector (xv) and (xvi): None.

 

(xiii)

Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services

MT: Not committed.

PL: Only portfolio management services.

SI: Excluding pension fund management.

SI: None for subsectors (xv) and (xvi).

Unbound except accepting credits (borrowing of all types), and accepting guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors. (Remark: consumer credits shall be free upon the adoption of the new Foreign Exchange Law).

All above mentioned credit arrangements must be registered with the Bank of Slovenia. (Remark: this provision shall be abolished upon the adoption of the new Law on Banking.)

Legal entities established in the Republic of Slovenia can be depositories of the assets of Investments Funds.

 

 

(xiv)

Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments

MT: Not committed.

PL: Not committed.

(xv)

Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services

3.

All Member States:

The establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies.

Only firms having their registered office in the Community can act as depositories of the assets of investment funds.

CY: All subsectors, except subsector (x) (e)

For new banks the following requirements apply:

(a)

A licence is required from the Maltese financial authorities. An economic needs test may be applied.

3.

CY: All subsectors, except subsector (x) (e)

None once established and licensed.

Subsector (x) (e)

A brokerage firm may only be registered as a member of the Cyprus Stock Exchange if it has been established and registered in accordance with the Companies Law of Cyprus.

EE, LV, LT, MT, PL, SI: None.

 

(xvi)

Advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy

MT: Not committed.

PL: Advisory and other auxiliary financial services only in relation to the activities committed for Poland.

SI: Excluding advisory, intermediation and other auxiliary financial services related to participation in issues of Treasury bonds and to pension fund management.

(b)

Branches of foreign financial institutions must be registered in Cyprus under the Companies Law and licensed.

Subsector (x) (e):

Only members (brokers) of the Cyprus Stock Exchange can undertake business pertaining to securities brokerage in Cyprus. Firms acting as brokers must only employ individuals who can act as brokers provided that they are appropriately licensed. Banks and Insurance companies may not undertake brokerage business. However their subsidiary brokerage firms may do so.

LV: Subsector (xi):

 

The Bank of Latvia (Central Bank) is a financial agent of the government in the T-bills market.

 

Subsector (xiii):

 

Pension fund management is provided by State monopoly.

LT: None, except as indicated in horizontal part of section ‘Banking and Other Financial Services’, and for:

 

Subsector (xiii):

 

Establishment only as Public Stock Corporations (AB) and Close Corporations (UAB) which should be founded in closed manner (when all initially issued stock are acquired by incorporators). For the purpose of asset management, the establishment of a specialised management company is required. Only firms having their registered office in Lithuania can act as the depositories of the assets. As indicated in horizontal part of section ‘Banking and other financial services’.

 

 

 

MT: Unbound, except for:

 

Subsectors (v) and (vi):

 

Foreign-owned credit and other financial institutions may operate either in the form of a branch or a local subsidiary.