Published: 2015-06-30
Key Benefits:
|
31.7.2015 |
EN |
Official Journal of the European Union |
L 204/3 |
ADDITIONAL PROTOCOL
to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, to take account of the accession of the Republic of Croatia to the European Union
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the ‘Member States of the European Union’, represented by the Council of the European Union,
and
THE EUROPEAN UNION,
of the one part,
and
THE REPUBLIC OF COLOMBIA, (hereinafter referred to as ‘Colombia’),
and
THE REPUBLIC OF PERU, (hereinafter referred to as ‘Peru’),
hereinafter also referred to as the ‘signatory Andean Countries’,
of the other part,
WHEREAS the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, (hereinafter referred to as ‘the Agreement’), was signed in Brussels on 26 June 2012, and some of its provisions have been applied pursuant to Article 330 thereof between the European Union and Peru since 1 March 2013 and between European Union and Colombia since 1 August 2013;
WHEREAS the Treaty concerning the accession of the Republic of Croatia (hereinafter referred to as ‘Croatia’) to the European Union (hereinafter referred to as the ‘Treaty of Accession’) was signed in Brussels on 9 December 2011 and entered into force on 1 July 2013;
WHEREAS, pursuant to Article 6(2) of the Act of Accession of Croatia, attached to the Treaty of Accession, Croatia’s accession to the Agreement is to be formalised by the conclusion of a Protocol to the Agreement;
WHEREAS Article 6 of the Agreement states that ‘For the purposes of this Agreement, “Party” means the European Union or its Member States or the European Union and its Member States within their respective areas of competence as derived from the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as the “EU Party”), or each of the signatory Andean Countries’;
WHEREAS Article 9 of the Agreement states that ‘This Agreement shall apply, on the one hand, to the territories in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applied under the conditions established in those Treaties, and on the other hand, to the territories of Colombia and Peru, respectively’;
WHEREAS the Agreement lays down the provisions to address the effects of an accession of new Member States to the European Union upon the Agreement;
WHEREAS Croatia acceded to the European Union when the Agreement was not yet applied in Colombia, and the Agreement did not provide for a situation where a country acceded to the European Union before the Agreement itself was applied for the three parties;
WHEREAS the Parties understand from the object and purpose of Article 328 of the Agreement that it allows the accession of new European Union member states to the Agreement, in cases like the one of Croatia;
WHEREAS the Parties, in line with the above mentioned, have agreed to address the accession of Croatia to the European Union as well as any effect of such accession on the Agreement by means of this Protocol,
HAVE AGREED AS FOLLOWS:
SECTION I
THE PARTIES
Article 1
Croatia hereby becomes a Party to the Agreement.
SECTION II
RULES OF ORIGIN
Article 2
Articles 17(4) and 18(2) of Annex II to the Agreement are hereby amended in accordance with the provisions of Annex I to this Protocol.
Article 3
Appendix 4 of Annex II to the Agreement shall be replaced by Annex II to this Protocol.
Article 4
1. The provisions of the Agreement shall be applied to goods exported from either Colombia or Peru to Croatia or from Croatia to Colombia or Peru, which comply with the provisions of Annex II to the Agreement and that on the date of entry into force of this Protocol were either in transit or in temporary storage in a customs warehouse or in a free zone in Colombia, Peru or Croatia.
2. Preferential treatment shall be granted in such cases, subject to the submission to the customs authorities of the importing Party, within twelve months of the date of entry into force of this Protocol, of a proof of origin issued or made out retrospectively in the exporting Party together with, upon request, the documents showing that the goods have been transported directly in accordance with Article 13 of Annex II to the Agreement.
SECTION III
TRADE IN SERVICES, ESTABLISHMENT AND ELECTRONIC COMMERCE
Article 5
Section B of Annex VII to the Agreement shall be replaced by the provisions of Annex III to this Protocol.
Article 6
Section B of Annex VIII to the Agreement shall be replaced by the provisions of Annex IV to this Protocol.
Article 7
Section B of Appendix 1 to Annex IX to the Agreement shall be replaced by the provisions of Annex V to this Protocol.
Article 8
Section B of Appendix 2 to Annex IX to the Agreement shall be replaced by the provisions of Annex VI to this Protocol.
Article 9
Annex X to the Agreement shall be replaced by the provisions of Annex VII to this Protocol.
SECTION IV
GOVERNMENT PROCUREMENT
Article 10
1. The entities of Croatia listed in Annex VIII to this Protocol shall be added to the relevant subsections of Section B of Appendix 1 to Annex XII to the Agreement.
2. Croatia is included in the list of goods and equipment purchased by Ministries of Defence and Agencies for Defence or Security Activities in Subsection 1 of Section B of Appendix 1 to Annex XII to the Agreement.
3. The list of publication means of Croatia provided for in Annex IX to this Protocol shall be added to Appendix 2 of Annex XII to the Agreement.
SECTION V
WTO
Article 11
Colombia and Peru undertake 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 Croatia to the European Union.
SECTION VI
GENERAL AND FINAL PROVISIONS
Article 12
1. This Protocol shall be concluded by the EU Party, by Colombia and by Peru in accordance with their respective internal procedures.
2. The EU Party and each signatory Andean Country shall notify in writing the completion of its internal procedures required for the entry into force of this Protocol to all other Parties and to the Depositary referred to in paragraph 5.
3. This Protocol shall enter into force between the EU Party and each signatory Andean Country on the first day of the month following the date of receipt of the last notification foreseen in paragraph 2 corresponding to the EU Party and that signatory Andean Country.
4. Notwithstanding paragraph 3, the Parties agree that, pending the completion of the internal procedures of the EU Party for the entry into force of this Protocol, they may provisionally apply this Protocol (1). Each Party shall notify the Depositary and all other Parties of the completion of the internal procedures required for the corresponding application of this Protocol. The application of this Protocol between the EU Party and a signatory Andean Country shall begin ten (10) days after the date of receipt by the Depositary of the last notification of the EU Party and such signatory Andean Country.
5. Notifications shall be sent to the Secretary-General of the Council of the European Union, who shall act as Depositary of this Protocol.
6. Where in accordance with paragraph 4, a provision of the Agreement is applied by the Parties pending the entry into force of this Protocol, any reference in such provision to the date of entry into force of this Protocol shall be understood to refer to the date from which the Parties agree to apply that provision in accordance with paragraph 4.
Article 13
This Protocol shall be drawn up in triplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovakian, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.
The European Union shall communicate to Colombia and Peru the Croatian language version of the Agreement. Subject to entry into force of this Protocol, the Croatian language version shall become authentic under the same conditions as those drawn up in the present languages of this Protocol. Article 337 of the Agreement is modified accordingly.
Article 14
This Protocol shall form an integral part of the Agreement.
The Annexes to this Protocol shall form an integral part thereof.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered to this effect, have signed this Protocol.
Съставено в Брюксел на тридесети юни две хиляди и петнадесета година.
Hecho en Bruselas, el treinta de junio de dos mil quince.
V Bruselu dne třicátého června dva tisíce patnáct.
Udfærdiget i Bruxelles den tredivte juni to tusind og femten.
Geschehen zu Brüssel am dreißigsten Juni zweitausendfünfzehn.
Kahe tuhande viieteistkümnenda aasta juunikuu kolmekümnendal päeval Brüsselis.
'Εγινε στις Βρυξέλλες, στις τριάντα Ιουνίου δύο χιλιάδες δεκαπέντε.
Done at Brussels on the thirtieth day of June in the year two thousand and fifteen.
Fait à Bruxelles, le trente juin deux mille quinze.
Sastavljeno u Bruxellesu tridesetog lipnja dvije tisuće petnaeste.
Fatto a Bruxelles, addì trenta giugno duemilaquindici.
Briselē, divi tūkstoši piecpadsmitā gada trīsdesmitajā jūnijā.
Priimta du tūkstančiai penkioliktų metų birželio trisdešimtą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-tizenötödik év június havának harmincadik napján.
Magħmul fi Brussell, fit-tletin jum ta’ Ġunju tas-sena elfejn u ħmistax.
Gedaan te Brussel, de dertigste juni tweeduizend vijftien.
Sporządzono w Brukseli dnia trzydziestego czerwca roku dwa tysiące piętnastego.
Feito em Bruxelas, em trinta de junho de dois mil e quinze.
Întocmit la Bruxelles la treizeci iunie două mii cincisprezece.
V Bruseli tridsiateho júna dvetisícpätnásť.
V Bruslju, dne tridesetega junija leta dva tisoč petnajst.
Tehty Brysselissä kolmantenakymmenentenä päivänä kesäkuuta vuonna kaksituhattaviisitoista.
Som skedde i Bryssel den trettionde juni tjugohundrafemton.
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l’Union européenne
Za Europsku uniju
Per l’Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Ghall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
За държавите-членки
Por los Estados miembros
Za členské státy
For medlemsstaterne
Für die Mitgliedstaaten
Liikmesriikide nimel
Гια τα κράτη μέλη
For the Member States
Pour les États membres
Za države članice
Per gli Stati membri
Dalībvalstu vārdā –
Valstybių narių vardu
A tagállamok részéről
Għall-Istati Membri
Voor de lidstaten
W imieniu Państw Członkowskich
Pelos Estados-Membros
Pentru statele membre
Za členské štáty
Za države članice
Jäsenvaltioiden puolesta
För medlemsstaterna
За Република Колумбия
Por la República de Colombia
Za Kolumbijskou Republiku
For Republikken Colombia
Für die Republik Kolumbien
Colombia Vabariigi nimel
Για τη Δημοκρατία της Κολομβίας
For the Republic of Colombia
Pour la République de la Colombie
Za Republiku Kolumbiju
Per la Repubblica di Colombia
Kolumbijas Republikas vārdā-
Kolumbijos Respublikos vardu
A Kolumbiai Köztársaság részéröl
Għar-Repubblika tal-Kolombja
Voor de Republiek Colombia
W imieniu Kolumbii
Pela República da Colômbia
Pentru Republica Columbia
Za Kolumbijskú Republiku
Za Republiko Kolumbijo
Kolumbian Tasavallan puolesta
För Republiken Colombia
За Република Перу
Por la República del Perú
Za Peruánskou Republikudo
For Republikken Peru
Für die Republik Peru
Peruu Vabariigi nimel
Για τη Δημοκρατία του Περού
For the Republic of Peru
Pour la république du pérou
Za Republiku Peru
Per la Republica del Perù
Peru Republikas vārdā –
Peru Respublikos vardu
A Perui Köztársaság részéröl
Għar-Repubblika tal-Perù
Voor de Republiek Peru
W imieniu Peru
Pela República do Peru
Pentru Republica Peru
Za Peruánsku Republiku
Za Republiko Peru
Perun Tasavallan puolesta
För Republiken Peru
(1) This provision shall be applied by each Party after the completion of its respective internal procedures.
ANNEX I
NEW LANGUAGE VERSIONS OF ADMINISTRATIVE REMARKS CONTAINED IN ANNEX II TO THE TRADE AGREEMENT
|
1. |
Article 17(4) shall be amended to read: (…) ‘Movement certificates EUR 1 issued retrospectively shall be endorsed with one of the following phrases: BG “ИЗДАДЕН ВПОСЛЕДСТВИЕ” ES “EXPEDIDO A POSTERIORI” CS “VYSTAVENO DODATEČNE” DA “UDSTEDT EFTERFØLGENDE” DE “NACHTRÄGLICH AUSGESTELLT” ET “TAGANTJÄRELE VÄLJA ANTUD” EL “ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ” EN “ISSUED RETROSPECTIVELY” FR “DÉLIVRÉ A POSTERIORI” HR “NAKNADNO IZDANO” 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” RO “EMIS A POSTERIORI” SK “VYDANÉ DODATOČNE” SL “IZDANO NAKNADNO” FI “ANNETTU JÄLKIKÄTEEN” SV “UTFÄRDAT I EFTERHAND” ’ |
|
2. |
Article 18(2) shall be amended to read: (…) ‘The duplicate issued pursuant to paragraph 1 shall be endorsed with one of the following words: BG “ДУБЛИКАТ” ES “DUPLICADO” CS “DUPLIKÁT” DA “DUPLIKAT” DE “DUPLIKAT” ET “DUPLIKAAT” EL “ΑΝΤΙΓΡΑΦΟ” EN “DUPLICATE” FR “DUPLICATA” HR “DUPLIKAT” IT “DUPLICATO” LV “DUBLIKĀTS” LT “DUBLIKATAS” HU “MÁSODLAT” MT “DUPLIKAT” NL “DUPLICAAT” PL “DUPLIKAT” PT “SEGUNDA VIA” RO “DUPLICAT” SK “DUPLIKÁT” SL “DVOJNIK” FI “KAKSOISKAPPALE” SV “DUPLIKAT” ’ |
ANNEX II
‘APPENDIX 4
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 following linguistic versions and in accordance with the domestic law of the exporting Party. 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.
Bulgarian version
Износителят на продуктите, обхванати от този документ (разрешение № … от митница или от друг компетентен държавен орган (1)) декларира, че освен където ясно е отбелязано друго, тези продукти са с … (2) преференциален произход.
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).
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).
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; Bewilligung der Zollbehörde oder der zuständigen Regierungsbehörde Nr. … (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte Ursprungswaren … (2) sind.
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.
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).
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).
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).
Croatian version
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (1)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi … (2) preferencijalnog podrijetla.
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).
Latvian version
Eksportētājs produktiem, kuri ietverti šajā dokumentā (muitas vai kompetentu valsts iestāžu pilnvara Nr. … (1)), deklarē, ka, izņemottur, kur ir citādi skaidri noteikts, šiem produktiem ir preferenciāla izcelsme no … (2).
Lithuanian version
Šiame dokumente išvardintų prekių eksportuotojas (muitinės arba kompetentingos viešosios valdžios 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).
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).
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.
Portuguese version
O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira ou da autoridade governamental competente no … (1)) declara que, salvo indicação expressa em contrário, estes produtos são de origem preferencial … (2).
Romanian version
Exportatorul produselor ce fac obiectul acestui document (autorizația vamală sau a autorității guvernamentale competente nr. … (1)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială … (2).
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).
Slovenian 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.
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)
… (3)
(Place and date)
… (4)
(Signature of the exporter; in addition, the name of the person signing the declaration has to 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 36 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 III
(Section B of Annex VII to the Agreement referred to in Article 114 of the Agreement)
LIST OF COMMITMENTS ON ESTABLISHMENT
(referred to in Article 114 of this Agreement)
‘SECTION B
EU PARTY
The following abbreviations are used:
|
AT |
Austria |
|
BE |
Belgium |
|
BG |
Bulgaria |
|
CY |
Cyprus |
|
CZ |
Czech Republic |
|
DE |
Germany |
|
DK |
Denmark |
|
ES |
Spain |
|
EE |
Estonia |
|
EU |
European Union, including all its Member States |
|
FI |
Finland |
|
FR |
France |
|
EL |
Greece |
|
HR |
Croatia |
|
HU |
Hungary |
|
IE |
Ireland |
|
IT |
Italy |
|
LV |
Latvia |
|
LT |
Lithuania |
|
LU |
Luxembourg |
|
MT |
Malta |
|
NL |
The Netherlands |
|
PL |
Poland |
|
PT |
Portugal |
|
RO |
Romania |
|
SK |
Slovak Republic |
|
SI |
Slovenia |
|
SE |
Sweden |
|
UK |
United Kingdom |
|
1. |
The list of commitments below indicates the economic activities liberalised pursuant to Article 114 of this Agreement and, by means of reservations, the market access and national treatment limitations that apply to establishments and investors of the signatory Andean Countries in those activities. The lists are composed of the following elements:
When the column referred to under subparagraph (b) only includes European Union Member State-specific reservations, European Union Member States not mentioned therein undertake commitments in the sector concerned without reservations (1). Sectors or sub-sectors not mentioned in the list below are not committed. |
|
2. |
In identifying individual sectors and sub-sectors:
|
|
3. |
The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a market access or a national treatment limitation within the meaning of Articles 112 and 113 of this Agreement. Those measures (e.g. need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, non-discriminatory requirement that certain activities may not be carried out in environmental protected zones or areas of particular historic and artistic interest), even if not listed, apply in any case to investors of the signatory Andean Countries. |
|
4. |
In accordance with Article 107 paragraph 3 of this Agreement, the list below does not include measures concerning subsidies granted by the Parties. |
|
5. |
In accordance with Article 112 of this Agreement non-discriminatory requirements as regards the types of legal form of an establishment are not included in the list below. |
|
6. |
The rights and obligations arising from this list of commitments shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons. |
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Sector or Sub-Sector |
Description of Reservations |
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|
ALL SECTORS |
Real estate AT, BG, CY, CZ, DK, EE, ES, EL, FI, HR, HU, IE, IT, LT, LV, MT, PL, RO, SI, SK: Limitations on acquisition of land and real estate by foreign investors (2). |
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ALL SECTORS |
Public utilities EU: Economic activities considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators (3). |
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|
ALL SECTORS |
Types of establishment EU: Treatment accorded to subsidiaries (of third country companies) formed in accordance with the law of a European Union Member State and having their registered office, central administration or principal place of business within the territory of the European Union is not extended to branches or agencies established in a European Union Member State by a third country company. BG: Establishment of branches is subject to authorisation EE: At least one half of the members of the Board of directors shall have their residence in the European Union. |
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|
FI: A foreigner carrying on trade as a partner in a Finnish limited or general partnership needs a trade permit and has to be permanently resident in the European Union. For all sectors except telecommunications services, there is a nationality condition and residency requirement for at least half of the ordinary and deputy members of the Board of Directors. Company exemptions may, however, be granted. If a foreign organisation intends to carry on a business or trade by establishing a branch in Finland, a trade permit is required. A permission to act as a founder of a limited company is required of a foreign organisation or a private person, who is not an European Union citizen. For telecommunications services, permanent residency for half of the founders and half of the members of the Board of directors is required. If the founder is a juridical person, there is also a residence requirement for that juridical person. IT: Access to industrial, commercial and artisanal activities is subject to a residence permit and specific authorisation to pursue the activity BG, PL: The scope of operations of a representative office may only encompass advertising and promotion of the foreign parent company represented by the office. |
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|
PL: With the exception of financial services, unbound for branches. Non-European Union investors can undertake and conduct economic activity only in the form of a limited partnership, limited joint-stock partnership, limited liability company, and joint-stock company (in the case of legal services only in the form of registered partnership and limited partnership). RO: The sole administrator or the chairman of the Board of directors as well as half of the total number of administrators of the commercial companies shall be Romanian citizens unless otherwise stipulated in the company contract or its statutes. The majority of the commercial companies’ auditors and their deputies shall be Romanian citizens. |
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|
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. Building projects with duration of less than a year are exempted from the requirements of establishing a branch or appointing a resident representative. A limited liability company (joint stock company) may be established by one or several founders. A founding party shall either reside in Sweden or be a Swedish legal entity. A partnership can only be a founding party if each partner resides in Sweden. Corresponding conditions prevail for establishment of all other types of legal entities. At least 50 per cent of the members of the Board of directors shall reside in Sweden. 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. Residency conditions might be waived if it can be proved that they are not necessary in a given case. 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. SK: A foreign natural person whose name is to be registered in the Commercial Register as a person authorised to act on behalf of an entrepreneur is required to submit residence permit for the Slovak Republic. |
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ALL SECTORS |
Investment 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, needs prior authorisation by the government. BG: In enterprises where the public (State or municipal) share in the equity capital exceeds 30 per cent, the transfer of these shares to third parties needs authorisation. Certain economic activities related to the exploitation or use of State or public property are subject to concessions granted under the provisions of the Concessions Act. Foreign investors cannot participate in privatisation. Foreign investors and Bulgarian juridical persons with controlling foreign participation require permission for a) prospecting, development or extraction of natural resources from the territorial sea, the continental shelf or the exclusive economic zone and b) acquisition of a controlling participation in companies engaged in any of the activities specified under a). FR: Foreign purchases exceeding 33,33 per cent of the shares of capital or voting rights in existing French enterprise, or 20 per cent in publicly quoted French companies, are subject to the following regulations:
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. For establishing in certain commercial, industrial or artisanal activities, a specific authorisation is needed if the managing director is not holder of a permanent residence permit. |
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|
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 168 million euro or with a balance sheet total exceeding 168 million euro) is subject to confirmation by the Finnish authorities; the confirmation may be denied only if an important national interest would be jeopardised. These limitations do not apply to telecommunications services. |
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|
HU: Unbound for foreign participation in newly privatised companies. 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 competent authorities. |
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ALL SECTORS |
Geographical zones FI: In the Åland Islands, limitations on the right of establishment by natural persons who do not enjoy regional citizenship in Åland or by any juridical person without permission by the competent authorities of the Åland Islands. |
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|
AT, HR, HU, MT, RO: Unbound for agricultural activities. CY: Non-European Union participation is allowed only up to 49 per cent. FR: The establishment of agricultural enterprises by non-European Union nationals and the acquisition of vineyards by non-European Union investors are subject to authorisation. IE: Establishment by non-European Union residents in flour milling activities is subject to authorisation. |
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|
BG: Unbound for logging activities. |
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|
AT: At least 25 per cent of vessels have to be registered in Austria. BE, FI, IE, LV, NL, PT, SK: Foreign investors not incorporated and not having their principal office in Belgium, Finland, Ireland, Latvia, the Netherlands, Portugal and the Slovak Republic respectively cannot own Belgian, Finnish, Irish, Latvian, Dutch, Portuguese and Slovak flag vessels respectively CY, EL: Non-European Union participation is allowed only up to 49 per cent. DK: Non-European Union residents cannot own one-third or more of a business engaged in commercial fishing. Non-European Union residents cannot own Denmark flag vessels except through an enterprise incorporated in Denmark. FR: Non-European Union nationals cannot participate in the maritime State property for fish/shellfish/algae farming. Foreign investors not incorporated and not having their principal office in France cannot own more than 50 per cent of a French flag vessel. |
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|
DE: Sea fishing licence granted only to vessels entitled to fly the flag of Germany. These are fishing vessels of which the majority of shares is owned by European Union citizens or companies established in accordance with European Union rules and that have their principal place of business in a European Union Member State. The use of the vessels must be headed and supervised by persons residing in Germany. In order to obtain a fishing licence, all fishing vessels must register with the relevant coastal states in which the ships have their homeports. EE: Ships are entitled to fly Estonian flag if located in Estonia and majority ownership is held by Estonian nationals in general partnership and in limited partnership companies or other legal entities that are located in Estonia with voting majority held by Estonian nationals in the Board of directors. BG, HR, HU, LT, MT, RO: Unbound. IT: Foreigners other than European Union residents cannot own a majority interest in Italian flag vessels or a controlling interest in ship owning companies having their headquarters in Italy. Fishing in Italian territorial waters is reserved to Italian flag vessels. |
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|
SE: Foreign investors not incorporated and not having their principal office in Sweden cannot own more than 50 per cent of a Swedish flag vessel. Acquisition by foreign investors of 50 per cent or more of shares in firms engaged in commercial fishing activities in Swedish waters requires authorisation. SI: Ships are entitled to fly the Slovenian flag if more than half of the ship is owned by European Union citizens or by juridical persons having their headquarters in a European Union Member State. UK: Reservation on the acquisition of UK flagged vessels, unless the investment is at least 75 per cent owned by British citizens and/or by companies which are at least 75 per cent owned by British citizens, in all cases resident and domiciled in the UK. Vessels must be managed, directed and controlled from within the UK. |
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|
EU: Investors from countries which are energy suppliers may be prohibited to obtain control of the activity. Unbound for direct branching (incorporation is required). Unbound for extraction of crude petroleum and natural gas. ES: Unbound for foreign investment in strategic minerals. |
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|
|
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|
None |
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|
None |
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|
None |
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|
None |
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|
None |
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|
None |
||||||||||||||||||||||||
|
None |
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|
IT: Nationality condition for owner of publishing and printing companies. |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
EU: Investors from countries which are energy suppliers may be prohibited to obtain the control of the activity. Unbound for direct branching (incorporation is required). |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
|
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
|
||||||||||||||||||||||||
|
EU: Investors from countries which are energy suppliers may be prohibited to obtain control of the activity. Unbound for direct branching (incorporation is required). |
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|
EU: Investors from countries which are energy suppliers may be prohibited to obtain control of the activity. Unbound for direct branching (incorporation is required). |
||||||||||||||||||||||||
|
EU: Investors from countries which are energy suppliers may be prohibited to obtain control of the activity. Unbound for direct branching (incorporation is required). |
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|
|
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|
|
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|
AT: Foreign lawyers’ (who must be fully qualified in their home country) equity participation and shares in the operating result of any law firm may not exceed 25 per cent. They may not have decisive influence in decision making. BE: Quotas apply for appearing before the “Cour de cassation” in non-criminal cases. FR: Lawyers’ access to the profession of “avocat auprès de la Cour de Cassation” and “avocat auprès du Conseil d’Etat” is subject to quotas. DK: Only lawyers with a Danish license to practice and law firms registered in Denmark may own shares in a Danish law firm. Only lawyers with a Danish license to practise may sit on the Board of directors or be part of the management of a Danish law firm. Requirement of a Danish legal examination in order to obtain a Danish licence. |
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|
FR: Some types of legal form (“association d’avocats” and “société en participation d’avocat”) are reserved to lawyers fully admitted to the Bar in FR. In a law firm providing services in respect of French or European Union law, at least 75 per cent of the partners holding 75 per cent of the shares shall be lawyers fully admitted to the Bar in FR. HR: Representation of parties before courts can be practised only by the members of the Bar Council of Croatia (Croatian title “odvjetnici”). Citizenship requirement for membership in the Bar Council. HU: Commercial presence should take the form of partnership with a Hungarian barrister (ügyvéd) or a barrister’s office (ügyvédi iroda), or representative office. PL: While other types of legal forms are available for European Union lawyers, foreign lawyers only have access to the legal forms of registered partnership and limited partnership. |
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|
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 per cent, if they are not members of the Austrian Professional Body. CY: Access is subject to economic needs test. Main criteria: the employment situation in the sub-sector. DK: In order to enter into partnerships with Danish authorised accountants, foreign accountants have to obtain permission from the Danish Commerce and Companies Agency. |
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|
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 per cent, if they are not members of the Austrian Professional Body. CY: Access is subject to economic needs test. Main criteria: the employment situation in the sub-sector. CZ, SK: At least 60 per cent of capital share or voting rights are reserved to nationals. DK: In order to enter into partnerships with Danish authorised accountants, foreign accountants have to obtain permission from the Danish Commerce and Companies Agency. FI: Residency requirement for at least one of the auditors of a Finnish Liability company. HR: None, except that auditing can be performed only by legal persons. |
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|
LV: In a commercial company of sworn auditors more than 50 per cent of the voting capital shares shall be owned by sworn auditors or commercial companies of sworn auditors of the European Union. LT: Not less than 75 per cent of shares should belong to European Union auditors or auditing companies. SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, a.o. in all limited companies. Only such persons may be shareowners or form partnerships in companies which practice qualified auditing (for official purposes). Residency required for approval. SI: The share of foreign persons in auditing companies may not exceed 49 per cent of the equity. |
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|
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 subject to economic needs test. Main criteria: the employment situation in the sub-sector. |
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|
BG: For projects of national or regional significance, foreign investors have to act in partnership or as subcontractors of local investors. LV: For architectural services, in order to receive a licence enabling to engage in business activity with full range of legal responsibility and rights to sign a project, practice of 3 years in Latvia in the field of projecting and university degree is required. |
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|
BG: For projects of national or regional significance, foreign investors have to act in partnership or as subcontractors of local investors. |
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|
AT: Unbound except for dental services and for psychologists and psychotherapists, where: none DE: Economic needs test when medical doctors and dentists are authorised to treat members of public insurance schemes. Main criteria: shortage of doctors and dentists in the given region. FI: Unbound FR: While other types of legal form are available for European Union investors, foreign investors only have access to the legal forms of “société d’exercice liberal” and “société civile professionnelle”. LV: Economic needs test. Main criteria: shortage of doctors and dentists in the given region. BG, LT: The 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. SI: Unbound for social medicine, sanitary, epidemiological, medical/ecological services; the supply of blood, blood preparations and transplants; autopsy UK: Establishment for doctors under the National Health Service is subject to medical manpower planning. |
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|
AT: Unbound BG: Economic needs test. Main criteria: population and density of existing business. HU: Economic needs test. Main criteria: labour market conditions in the sector. FR: While other types of legal form are available for European Union investors, foreign investors only have access to the legal forms of “société d’exercice liberal” and “société civile professionnelle”. |
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|
BG, FI, MT, SI: Unbound. FR: While other types of legal form are available for European Union investors, foreign investors only have access to the legal forms of “société d’exercice liberal” and “société civile professionnelle”. LT: Economic needs test may be applied. Main criteria: employment situation in the sub-sector. |
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|
AT: Foreign investors are only allowed in the following activities: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians. BG, MT: Unbound. FI, SI: Unbound for Physiotherapists and Paramedical Personnel. FR: While other types of legal form are available for European Union investors, foreign investors only have access to the legal forms of “société d’exercice liberal” and “société civile professionnelle”. LT: Economic needs test may be applied. Main criteria: employment situation in the sub-sector. LV: Economic needs test for foreign physiotherapists and paramedical personnel. Main criteria: employment situation in the given region. |
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|
AT, BG, CY, FI, MT, PL, RO, SE, SI: Unbound BE, DE, DK, EE, ES, FR, IT, HR, HU, IE, LV, PT, SK: Authorisation is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies. |
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|
None |
||||||||||||||||||||||||
|
For a) and c): EU: For publicly funded Research and Development services, exclusive rights and/or authorisations can only be granted to European Union nationals and to European Union juridical persons having their headquarters in the European Union. For b): None |
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|
|
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
|
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|
LT: Ships must be owned by Lithuanian natural persons or companies established in Lithuania. SE: To fly the Swedish flag proof of dominating Swedish operating influence must be shown in case of foreign ownership interests in ships |
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|
EU: Aircraft used by European Union carriers have to be registered in the European Union Member State licensing the carrier or elsewhere in the European Union. The aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control (including nationality of directors). Waivers can be granted for short term lease contracts or under exceptional circumstances. |
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|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound for CPC 83202 |
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|
None |
||||||||||||||||||||||||
|
|
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
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|
HU: Unbound for arbitration and conciliation services (CPC 86602). |
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|
None |
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|
CY, CZ, EE, LT, MT, SK, SI: Unbound |
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|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
|
||||||||||||||||||||||||
|
BG, CY, CZ, DE, EE, FI, HR, LV, LT, MT, PL, PT, RO, SK, SI: Unbound |
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|
AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, PT, RO, SK: Unbound BE, FR, IT: State monopoly DE: Authorisation is subject to an economic needs test. Main criteria: situation and development of the labour market |
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|
AT, BG, CY, CZ, DE, EE, FI, HR, LV, LT, MT, PL, PT, RO, SK, SI: Unbound IT: State monopoly |
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|
None. |
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|
BE, BG, CY, CZ, DE, ES, EE, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI: Unbound |
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|
DK: Requirement of nationality and residence for members of the Board of directors. Unbound for the supply of airport guard services BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SI, SK: Licence may be granted only to nationals and to national registered organisations. ES: Unbound for direct branching (incorporation is required). Access is subject to prior authorisation. HR: Unbound. |
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|
FR: Foreign investors require a specific authorisation for exploration and prospecting services. |
||||||||||||||||||||||||
|
None |
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|
LV: State monopoly. SE: Economic needs tests apply when an investors intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints. |
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|
SE: Economic needs tests apply when an investors intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
CY, EE, MT: Unbound |
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|
None |
||||||||||||||||||||||||
|
LT, LV: Establishment rights in publishing sector granted only to nationally incorporated juridical persons (no branches). PL: Nationality requirement for the editor-in-chief of newspapers and journals. SE: Residency requirements for publisher and owner of publishing and printing company. |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
DK: Authorisation for authorised public translators and interpreters may limit the scope of activity. HR: Unbound for translation and interpretation services for/before Croatian courts. PL: Unbound for the supply of sworn interpretation services. BG, HU, SK: Unbound for official translation and interpretation. |
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|
None |
||||||||||||||||||||||||
|
IT, PT: Nationality condition for investors. |
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|
BE: For consumer credit databanks, nationality condition for investors. IT, PT: Nationality condition for investors. |
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|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
|
||||||||||||||||||||||||
|
None (32) |
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|
Sub-sectors (i), (iv) and (v) are however 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 2.5 times the public basic tariff, provided that they weigh less than 50 grams (33), plus the registered mail service used in the course of judicial or administrative procedures.) (part of CPC 751, part of CPC 71235 (34) and part of CPC 73210 (35)) |
|
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|
|
||||||||||||||||||||||||
|
None (38) |
||||||||||||||||||||||||
|
EU: service suppliers in this sector may be subject to obligations to safeguard general interest objectives related to the conveyance of content through their network in line with the European Union regulatory framework for electronic communications. BE: Unbound |
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|
BG: For projects of national or regional significance, foreign investors have to act in partnership or as subcontractors of local investors. CY, CZ, HU, MT, SK: Unbound |
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|
AT: Unbound for distribution of pyrotechnical goods, of ignitable articles and blasting devices and of toxic substances. For the distribution of pharmaceutical products and of tobacco products, exclusive rights and/or authorisations can only be granted to European Union nationals and to European Union juridical persons having their headquarters in the European Union. FI: Unbound for distribution of alcoholic beverages and pharmaceutical products. HR: Unbound for distribution of tobacco products. |
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|
|
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
|
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
FR, IT: State monopoly on tobacco. FR: Authorisation of wholesale pharmacies is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies. |
||||||||||||||||||||||||
|
ES, FR, IT: State monopoly on tobacco. BE, BG, DK, FR, IT, MT, PT: Authorisation for department stores (in the case of FR only for large stores) is subject to an economic needs test. Main criteria: number of and impact on existing stores, population density, geographic spread, impact on traffic conditions and creation of new employment. IE, SE: Unbound for the retail sale of alcoholic beverages. SE: Authorisation for temporary trade in clothing, shoes and foodstuffs that are not consumed at the point of sale may be subject to an economic needs test. Main criteria: impact on existing stores in the geographic area in question. |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
|
||||||||||||||||||||||||
|
EU: Participation of private operators in the education network is subject to concession. AT: Unbound for higher education services. Unbound for education services for adults by means of radio or television broadcasting. BG: Unbound for the supply of primary and/or secondary education services by foreign natural persons and associations and for the supply of higher education services. CZ, SK: Nationality condition for majority of members of the Board of directors. Unbound for the supply of higher education services except for post-secondary technical and vocational education services (CPC 92310). CY, FI, MT, RO, SE: Unbound EL: Nationality condition for majority of members of the Board of directors in primary and secondary schools. Unbound for higher education institutions granting recognised States diplomas. ES, IT: Needs test for opening private universities authorised to issue recognised diplomas or degrees; procedure involves an advice of the Parliament. Main criteria: population and density of existing establishments. HR: Unbound for Primary Education Services (CPC 921). For Secondary Education Services: None for legal persons. HU, SK: The number of schools being established may be limited by local authorities (or in the case of high schools and other higher education institutions by central authorities) in charge of granting licenses. LV: Unbound for the supply of education services relating to technical and vocational secondary school-type education services for handicapped students (CPC 9224). SI: Unbound for primary schools. Nationality condition for majority of members of the Board of directors in secondary and high schools. |
||||||||||||||||||||||||
|
AT, BE, BG, CY, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SI, SE, UK: Unbound CZ, SK: Participation of private operators in the education network is subject to concession. Nationality condition for majority of members of the Board of directors. |
||||||||||||||||||||||||
|
None |
||||||||||||||||||||||||
|
|
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|
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. BG, ES: Before establishing a branch or agency in Bulgaria or Spain to provide certain classes of insurance, a foreign insurer must have been authorised to operate in the same classes of insurance in its country of origin for at least five years. 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. FI: 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 Union, unless the competent authorities have granted an exemption. Foreign insurers cannot get a licence in Finland as a branch to carry on statutory pension insurance. IT: The authorisation of the establishment of branches is ultimately subject to the evaluation of supervisory authorities. BG, PL: Local incorporation (no branches) required for insurance intermediaries. PT: In order to establish a branch in Portugal, foreign insurance companies need to demonstrate prior operational experience of at least five years. Direct branching is not permitted for insurance intermediation, which is reserved to companies formed in accordance with the law of a European Union Member State. SK: A foreign national may establish an insurance company in the form of a joint stock company or may conduct insurance business through their subsidiaries with registered office in the Slovak Republic (no branches). SE: Insurance broking undertakings not incorporated in Sweden may establish only through a branch. |
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EU: Only firms having their registered office in the European Union can act as depositories of the assets of investment funds. The establishment of a specialised management company, having its head office and registered office in the same European Union Member State, is required to perform the activities of management of unit trusts and investment companies. BG: Pension insurance shall be implemented through participation in incorporated pension insurance companies (no branches). Permanent residence in Bulgaria is required for the chairperson of the management board and the chairperson of the board of directors. CY: Only members (brokers) of the Cyprus Stock Exchange can undertake business pertaining to securities brokerage in Cyprus. 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 (no branches). FI: At least one half of the founders, the members of the board of directors, at least one ordinary and one deputy member of the supervisory board and the person entitled to sign in the name of the credit institution shall have their permanent residence in the European Union. Exemption from these requirements may be granted by the competent authorities. HR: None, except for settlement and clearing services where the Central Depositary Agency (CDA) is the sole supplier in Croatia. Access to the services of the CDA will be granted to non-residents on a non-discriminatory basis. HU: Branches of foreign institutions are not allowed to provide asset management services for private pension funds or management of venture capital. 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. |
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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/depository and management company is required to be incorporated in Ireland or in another European Union Member State (no branches). In the case of an investment limited partnership, at least one general partner must be incorporated in Ireland. 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 European Union Member State in accordance with the European Union Investment Services Directive. |
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IT: In order to be authorised to manage the securities settlement system with an establishment in Italy, a company is required to be incorporated in Italy (no branches). In order to be authorised to manage central securities depository services with an establishment in Italy, companies are required to be incorporated in Italy (no branches). In the case of collective investment schemes other than UCITS harmonised under European Union legislation, the trustee/ depository is required to be incorporated in Italy or in another European Union Member State and established through a branch in Italy. Management companies of UCITS not harmonised under European Union legislation are also required to be incorporated in Italy (no branches). Only banks, insurance companies, investment firms and companies managing UCITS harmonised under European Union legislation having their legal head office in the European Union, as well as UCITS incorporated in Italy may carry out the activity of pension fund resources management. In providing the activity of door-to-door selling, intermediaries must utilise authorised financial salesmen resident within the territory of a European Union Member State. Representative offices of foreign intermediaries cannot carry out activities aimed at providing investment services. |
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LT: For the purpose of asset management, incorporation as a specialised management company (no branches) is required. Only firms having their registered office in Lithuania can act as the depositories of the assets. PT: Pension fund management may be provided only by specialised companies incorporated in Portugal for that purpose and by insurance companies established in Portugal and authorised to take up the life insurance business or by entities authorised to pension fund management in other European Union Member States (unbound for direct branching from non-European Union countries). RO: Branches of foreign institutions are not allowed to provide asset management services. SK: 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 (no branches). SI: Unbound for private pension funds (non-compulsory pension funds). SE: A founder of a savings bank shall be a natural person resident in the European Union. |
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EU: Participation of private operators in the health and social network is subject to concession. Economic needs tests may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment. AT, SI: Unbound for ambulance services. BG: Unbound for hospital services, for ambulance services and for residential health facilities other than hospital services. CZ, FI, MT, SE, SK: Unbound HU, SI: Unbound for social services. PL: Unbound for ambulance services, for residential health facilities other than hospital services and for social services. BE, UK: Unbound for ambulance services, for residential health facilities other than hospital services and for social services other than convalescent and rest houses and old people’s homes. CY: Unbound for hospital services, ambulance services, for residential health facilities other than hospital services and for social services other than convalescent and rest houses and old people’s homes. |
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BG: Incorporation is required (no branches). IT: Economic needs tests applied on bars, cafes and restaurants. Main criteria: population and density of existing establishments. |
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BG: Unbound for direct branching (incorporation is required). PT: Requirement of constitution of a commercial company having its corporate base in Portugal (unbound for branches). CZ: Economic needs test based on population criterion. |
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BG, CY, HU, LT, MT, PL: Unbound |
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CY, CZ, FI, MT, PL, RO, SI, SK: Unbound BG: Unbound except for theatrical producer, singer group, band and orchestra entertainment services (CPC 96191), services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192) and ancillary theatrical services (CPC 96193). EE: Unbound for other entertainment services (CPC 96199) except for cinema theatre services. LV: Unbound except for cinema theatre operation services (part of CPC 96199). |
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FR: Foreign participation in companies publishing publications in the French language may not exceed 20 per cent of the capital or of voting rights in the company. Establishment of press agencies by foreign investors is subject to reciprocity. |
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BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound AT, LT: Participation of private operators in the libraries, archives, museums and other cultural services’ network is subject to concession or licence. |
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AT, SI: Unbound for ski school services and mountain guide services. BG, CY, CZ, EE, LV, MT, PL, RO, SK: Unbound |
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None |
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EU: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment. BG: Unbound for direct branching (incorporation is required). BG, CY, DE, EE, ES, FR, FI, EL, IT, LT, LV, MT, PL, PT, RO, SI, SE: Feedering services by authorisation. |
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EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) 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. EU: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment. AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as legal person, nationality condition for the board of directors and the supervisory board. Registered company or permanent establishment in Austria is required. In addition the majority of the business shares must be held by European Union citizens. BG: Unbound for direct branching (incorporation is required). FI: Services can be provided only by ships operating under the Finnish flag. HR: Unbound. |
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BG: Unbound for direct branching (incorporation is required). HR: Unbound. |
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EU: Foreign investors cannot provide transport services within a European Union Member State (cabotage), except for rental of non-scheduled services of buses with operator. EU: Economic needs test for taxi services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment. AT, BG: Exclusive rights and/or authorisation can only be granted to European Union nationals and to European Union juridical persons having their headquarters in the European Union. BG: Unbound for direct branching (incorporation is required). FI, LV: Authorisation required, not extended to foreign registered vehicles. LV, SE: Requirement on established entities to use vehicles with national registration. |
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ES: Economic needs test for CPC 7122. Main criteria: Local demand. IT, PT: Economic needs test for limousine services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment. ES, IE, IT: Economic needs test for intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment. FR: Unbound for intercity bussing services. |
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AT, BG: Exclusive rights and/or authorisation can only be granted to European Union nationals and to European Union juridical persons having their headquarters in the European Union. BG: Unbound for direct branching (incorporation is required). FI, LV: Authorisation required, not extended to foreign registered vehicles. LV, SE: Requirement on established entities to use vehicles with national registration. IT, SK: Economic needs test. Main criteria is local demand. |
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AT: Exclusive rights can only be granted to European Union nationals and to European Union juridical persons having their headquarters in the European Union. |
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EU: Unbound for rental of vessels with crew, pushing and towing services and supporting services for maritime transport. IT: Economic needs test for maritime cargo-handling services. Main criteria: number of and impact on existing establishments, population density, geographic spread and creation of new employment. BG: Unbound for direct branching (incorporation is required). Participation in Bulgarian companies is limited to 49 per cent. SI: Only juridical persons established in the Republic of Slovenia (no branches) can perform customs clearance. HR: Unbound for c) Customs Clearance Services, d) Container Station and Depot Services, e) Maritime Agency Services and f) Maritime Freight Forwarding Services. For a) Maritime Cargo Handling Services, b) Storage and warehousing Services, j) Other supporting and auxiliary services (including catering), h) Pushing and towing services and i) Supporting services for maritime transport: None, except that foreign legal person is required to establish a company in Croatia which should be granted a concession by the port authority, following a public tendering procedure. The number of service suppliers may be limited reflecting limitations in port capacity. |
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EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) 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. EU: Unbound for rental of vessels with crew, pushing and towing services and supporting services for internal waterway transport. AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as legal person, nationality condition for the board of directors and the supervisory board. Registered company or permanent establishment in Austria is required. In addition the majority of the business shares must be held by European Union citizens. BG: Unbound for direct branching (incorporation is required). Participation in Bulgarian companies is limited to 49 per cent. HU: Participation of the State may be required in an establishment. SI: Only juridical persons established in the Republic of Slovenia (no branches) can perform customs clearance. HR: Unbound. |
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BG: Unbound for direct branching (incorporation is required). Participation in Bulgarian companies is limited to 49 per cent SI: Only juridical persons established in the Republic of Slovenia (no branches) can perform customs clearance HR: Unbound for d) pushing and towing services and g) Customs Clearance Services. HU: Unbound for customs clearance services PL: national restrictions concerning direct representation in customs clearance services: it can be performed by customs agents only who have the residence in the territory of European Union. FR: Unbound except if full reciprocity is granted. FI: Unbound for direct branching NL: the admittance of natural or juridical persons to act as customs representatives is subject to discretion by the inspector, as provided by articles 1(3) and 1(9) of the General Customs Act. Admittance will be denied in case the applicant has been irrevocably sentenced for a criminal act in the past five years. Customs representatives, who are not a resident of or established in the Netherlands, are required to take residence or establish a fixed location in the Netherlands, before they perform activities as an admitted customs representative. |
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AT: For rental of commercial road vehicles with operators, authorisation can only be granted to European Union nationals and to European Union juridical persons having their headquarters in the European Union. BG: Unbound for direct branching (incorporation is required). Participation in Bulgarian companies is limited to 49 per cent. FI: For rental of commercial road vehicles with operators, authorisation required, not extended to foreign registered vehicles. SI: Only juridical persons established in the Republic of Slovenia (no branches) can perform customs clearance. |
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HR: Unbound for d) Rental of Commercial Road Vehicles with Operators and g) Customs Clearance Services. HU: Unbound for customs clearance services PL: national restrictions concerning direct representation in customs clearance services: it can be performed by customs agents only who have the residence in the territory of European Union. FR: Unbound except if full reciprocity is granted. FI: Unbound for direct branching NL: the admittance of natural or juridical persons to act as customs representatives is subject to discretion by the inspector, as provided by articles 1(3) and 1(9) of the General Customs Act. Admittance will be denied in case the applicant has been irrevocably sentenced for a criminal act in the past five years. Customs representatives, who are not a resident of or established in the Netherlands, are required to take residence or establish a fixed location in the Netherlands, before they perform activities as an admitted customs representative. |
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EU: Categories of activities 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. BG: Unbound for direct branching (incorporation is required). HR: Unbound. |
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BG: Unbound for direct branching (incorporation is required). PL: For storage services of frozen or refrigerated goods and bulk storage services of liquids or gases, categories of activities 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. |
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BG: Unbound for direct branching (incorporation is required). HU: Unbound SI: Only juridical persons established in the Republic of Slovenia (no branches) can perform customs clearance. |
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EU: Aircraft used by European Union carriers have to be registered in a European Union Member State licensing the carrier or, if the licensing European Union Member State allows so, elsewhere in the European Union. To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control. Aircraft must be operated by air carriers owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control. |
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EU: Specific obligations for investors operating computer reservation systems that are owned or controlled by air carriers. |
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EU: Specific obligations for investors operating computer reservation systems that are owned or controlled by air carriers. |
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BG: Unbound for direct branching (incorporation is required). PL: Foreign participation is limited to 49 per cent. HR: Unbound. |
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BG: Unbound for direct branching (incorporation is required). SI: Only juridical persons established in the Republic of Slovenia (no branches) can perform customs clearance. HR, HU: Unbound PL: national restrictions concerning direct representation in customs clearance services: it can be performed by customs agents only who have the residence in the territory of European Union. FR: Unbound except if full reciprocity is granted. FI: Unbound for direct branching NL: the admittance of natural or juridical persons to act as customs representatives is subject to discretion by the inspector, as provided by articles 1(3) and 1(9) of the General Customs Act. Admittance will be denied in case the applicant has been irrevocably sentenced for a criminal act in the past five years. Customs representatives, who are not a resident of or established in the Netherlands, are required to take residence or establish a fixed location in the Netherlands, before they perform activities as an admitted customs representative. |
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None |
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None |
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AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound |
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CY, CZ, MT, PL, SK: Investors from countries which are energy suppliers may be prohibited to obtain control of the activity. Unbound for direct branching (incorporation is required). |
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EU: Unbound for wholesale trade services of electricity, steam and hot water. |
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EU: Unbound for retailing services of motor fuel, electricity, (non-bottled) gas, steam and hot water. BE, BG, DK, FR, IT, MT, PT: For retail sales of fuel oil, bottled gas, coal and wood, authorisation for department stores (in the case of France only for large stores) is subject to an economic needs test. Main criteria: number of and impact on existing stores, population density, geographic spread, impact on traffic conditions and creation of new employment. |
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AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, HU, IT, LU, LT, MT, NL, PL, PT, RO, SK, SE, UK: Unbound except for consultancy services, where: none. SI: Unbound except for services incidental the distribution of gas, where: none. |
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None |
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IT: Economic needs tests applied on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business. |
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IT: Economic needs tests applied on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business. |
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IT: Economic needs tests applied on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business. |
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None |
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(CPC 7543) |
None |
(1) The absence of European Union Member State-specific reservations in a given sector is without prejudice to horizontal reservations or to sectoral EU-broad reservations that may apply.
(2) As regards services sectors, these limitations do not go beyond the limitations reflected in the existing commitments under the GATS.
(3) Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific listing is not practical. To facilitate comprehension, specific footnotes in this list of commitments will indicate in an illustrative and non-exhaustive way those sectors where public utilities play a major role.
(4) Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.f) and 6.F.g).
(5) The horizontal limitation on public utilities applies.
(6) Does not include services incidental to mining rendered on a fee or contract basis at oil and gas fields which are to be found in ENERGY SERVICES under 18.A.
(7) Does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.h).
(8) The sector is limited to manufacturing activities. It does not include activities which are audiovisual related or present a cultural content.
(9) Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.p).
(10) The horizontal limitation on public utilities applies.
(11) The horizontal limitation on public utilities applies.
(12) It does not include operation of electricity transmission and distribution systems on a fee or contract basis, which are to be found in ENERGY SERVICES.
(13) It does not include transportation of natural gas and gaseous fuels via pipelines, transmission and distribution of gas on a fee or contract basis and sales of natural gas and gaseous fuels, which are to be found in ENERGY SERVICES.
(14) It does not include transmission and distribution of steam and hot water on a fee or contract basis and sales of steam and hot water, which are to be found in ENERGY SERVICES.
(15) It includes legal advisory, legal representational, legal arbitration and conciliation/mediation, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, European Union law and the law of any jurisdiction where the investor or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in European Union Member States. For lawyers providing legal services in respect of public international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of European Union law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the European Union acting personally, and legal services in respect of the law of an European Union Member State shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that European Union Member State acting personally. Full admission to the Bar in the relevant European Union Member State might therefore be necessary for representation before courts and other competent authorities in the European Union since it involves practice of European Union and national procedural law. However, in some European Union Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national or belonging to the State in which the lawyer is entitled to practice.
(16) It does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.a). Legal services.
(17) The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in European Union Member States. As a general rule, this activity is reserved to pharmacists. In some European Union Member States, only the supply of prescription drugs is reserved to pharmacists.
(18) The horizontal limitation on public utilities applies.
(19) Part of CPC 85201 which is to be found under 6.A.h) - Medical and dental services.
(20) The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.
(21) The horizontal limitation on public utilities applies to technical testing and analysis services compulsory for the granting of marketing authorisations or for utilisation authorisations (e.g. car inspection, food inspection).
(22) The horizontal limitation on public utilities applies to certain activities related to mining (minerals, oil, gas, etc.).
(23) Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F. l) 1 to 6.F.l) 4.
Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. Computer services.
(24) It does not include printing services, which fall under CPC 88442 and are to be found under 6.F p).
(25) The term “handling” should be taken to include clearance, sorting, transport and delivery.
(26) “Postal item” refers to items handled by any type of commercial operator, whether public or private.
(27) E.g. letter, postcards.
(28) Books, catalogues are included hereunder.
(29) Journals, newspapers, periodicals.
(30) 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.
(31) 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.
(32) For subsectors i) to iv), individual licences imposing particular universal services obligations and/or financial contribution to a compensation fund may be required.
(33) “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.
(34) Transportation of mail on own account by any land mode.
(35) Transportation of mail on own account by air.
(36) These services do not include on-line information and/or data processing (including transaction processing) (part of CPC 843) which is to be found under 1.B. Computer services.
(37) Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.
(38) Footnote for clarification purposes: Some European Union Member States maintain public participation in certain telecommunication operators. European Union Member States reserve their rights to maintain such public participation in the future. This is not a market access limitation. In Belgium, government participation and voting rights in Belgacom are freely determined under legislative powers as is presently the case under the law of 21 March 1991 on the reform of government-owned economic enterprises.
(39) These services cover the telecommunications service consisting of the transmission and reception of radio and television broadcast by satellite (the uninterrupted chain of transmission via satellite required for the distribution of TV and radio programme signals to the general public). This covers selling use of satellite services, but does not include the selling of television programme packages to households.
(40) The horizontal limitation on public utilities applies to the distribution of chemical products, of pharmaceuticals, of products for medical use such as medical and surgical devices, medical substances and objects for medical use, of military equipment and precious metals (and stones) and in some European Union Member States also to the distribution of tobacco and tobacco products and of alcoholic beverages.
(41) These services, which include CPC 62271, are to be found in ENERGY SERVICES under 18.D.
(42) It does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 6.B. and 6.F.l).
It does not include retailing services of energy products which are to be found in ENERGY SERVICES under 18.E and 18.F.
(43) Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 1.A.k).
(44) The horizontal limitation on public utilities applies.
(45) It corresponds to sewage services.
(46) It corresponds to Cleaning Services of Exhaust Gases.
(47) It corresponds to parts of Nature and Landscape Protection Services.
(48) The horizontal limitation on public utilities applies.
(49) Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT SERVICES under 17.D.a) Ground handling services.
(50) The horizontal limitation on public utilities applies.
(51) The horizontal limitation on public utilities applies to port services and other maritime transport services requiring the use of the public domain.
(52) Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in the same State when no revenue is involved.
(53) The horizontal limitation on public utilities applies to port services and other internal waterway transport services requiring the use of the public domain.
(54) The horizontal limitation on public utilities applies to rail transport services requiring the use of the public domain.
(55) The horizontal limitation on public utilities applies.
(56) The horizontal limitation on public utilities applies in some European Union Member States.
(57) Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 7.A. Postal and courier services.
(58) Pipeline transportation of fuels is to be found in ENERGY SERVICES under 18.B.
(59) The horizontal limitation on public utilities applies.
(60) Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.l) 1 to 6.F.l) 4.
(61) The horizontal limitation on public utilities applies to port services, to services auxiliary to maritime transport requiring the use of the public domain and to pushing and towing services.
(62) The horizontal limitation on public utilities applies to port services, to services auxiliary to maritime transport requiring the use of the public domain and to pushing and towing services.
(63) The horizontal limitation on public utilities applies when the services require the use of the public domain.
(64) The horizontal limitation on public utilities applies when the services require the use of the public domain.
(65) The horizontal limitation on public utilities applies.
(66) Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES. under 18.C.
(67) The horizontal limitations on public utilities applies.
(68) The horizontal limitations on public utilities applies.
(69) Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to mining, on land site preparation, on land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines), supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services, plugging and abandoning of wells.
Does not include direct access to or exploitation of natural resources.
Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION SERVICES.
(70) The horizontal limitations on public utilities applies.
(71) The horizontal limitation on public utilities applies.
(72) The horizontal limitation on public utilities applies.
(73) The horizontal limitation on public utilities applies.
(74) Except for consulting services, the horizontal limitation on public utilities applies.
(75) Therapeutical massages and thermal cure services are to be found under 6.A.h) Medical services, 6.A.j) 2 Services provided by nurses, physiotherapists and para-medical personnel and health services (13.A and 13 C).
(76) The horizontal limitation on public utilities applies to Spa services and non-therapeutical massages provided in domains of public utility such as certain water sources.’
ANNEX IV
(Section B of Annex VIII to the Agreement referred to in Article 118 of the Agreement)
LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES
(referred to in Article 118 of this Agreement)
‘SECTION B
EU PARTY
The following abbreviations are used:
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AT |
Austria |
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BE |
Belgium |
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BG |
Bulgaria |
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CY |
Cyprus |
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CZ |
Czech Republic |
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DE |
Germany |
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DK |
Denmark |
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ES |
Spain |
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EE |
Estonia |
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EU |
European Union, including all its Member States |
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FI |
Finland |
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FR |
France |
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EL |
Greece |
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HR |
Croatia |
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HU |
Hungary |
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IE |
Ireland |
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IT |
Italy |
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LV |
Latvia |
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LT |
Lithuania |
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LU |
Luxembourg |
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MT |
Malta |
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NL |
The Netherlands |
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PL |
Poland |
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PT |
Portugal |
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RO |
Romania |
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SK |
Slovak Republic |
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SI |
Slovenia |
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SE |
Sweden |
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UK |
United Kingdom |
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1. |
The list of commitments below indicates the services sectors liberalised pursuant to Article 121 of this Agreement, and, by means of reservations, the market access and national treatment limitations that apply to signatory Andean Countries services and services suppliers in those sectors. The list is composed of the following elements:
When the column referred to under subparagraph (b) only includes European Union Member State -specific reservations, European Union Member States not mentioned therein undertake commitments in the sector concerned without reservations (1). Cross-border supply of services in sectors or sub-sectors covered by this Agreement and not mentioned in the list below is not committed. |
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2. |
In identifying individual sectors and sub-sectors:
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3. |
The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a market access or a national treatment limitation within the meaning of Articles 119 and 120 of this Agreement. Those measures (e.g. need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations), even if not listed, apply in any case to signatory Andean Countries service suppliers. |
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4. |
The list below is without prejudice to the feasibility of Mode 1 in certain services sectors and sub-sectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment. |
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5. |
In accordance with Article 107, paragraph 3 of this Agreement, the list below does not include measures concerning subsidies granted by the Parties. |
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6. |
The rights and obligations arising from this list of commitments shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons. |
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Sector or Sub-Sector |
Description of Reservations |
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ALL SECTORS |
Real estate For Modes 1 and 2 AT, BG, CY, CZ, DK, EE, EL, FI, HU, IE, IT, LT, LV, MT, PL, RO, SI, SK: Limitations on acquisition of land and real estate by foreign investors (2). |
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For Modes 1 and 2 AT, CY, ES, EL, LT, MT, SK: Full admission to the Bar, required for the practice of domestic (European Union and its Member States) law, is subject to a nationality condition. HR: Unbound for practicing of Croatian law. BE, FI: Full admission to the Bar, required for legal representation services, is subject to a nationality condition, coupled with residency requirements. In Belgium quotas apply for appearing before the “Cour de cassation” in non-criminal cases. |
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BG: Foreign lawyers can only provide legal representation services of a national of their home country and subject to reciprocity and cooperation with a Bulgarian lawyer. For legal mediation services permanent residence is required. FR: Lawyers’ access to the profession of “avocat auprès de la Cour de Cassation” and “avocat auprès du Conseil d’Etat” is subject to quotas and to a nationality condition. HU: Full admission to the Bar is subject to a nationality condition, coupled with residency requirements. For foreign lawyers the scope of legal activities is limited to the provision of legal advice. |
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LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved. DK: Marketing of legal advice activities is restricted to lawyers with a Danish licence to practice and law firms registered in Denmark. Requirement of a Danish legal examination in order to obtain a Danish licence. SE: Admission to the Bar, necessary only for the use of the Swedish title “advokat”, is subject to a residency requirement. |
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For Mode 1 FR, HU, IT, MT, RO, SI: Unbound AT: Nationality condition for representation before competent authorities For Mode 2 None |
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For Mode 1 BE, BG, CY, DE, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PT, RO, SI, UK: Unbound AT: Nationality condition for representation before competent authorities and for performing audits provided for in specific Austrian laws (e.g. joint stock companies law, stock exchange law, banking law, etc.). HR: Foreign audit firms may provide audit services on Croatian territory when they have established a branch. SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, a.o. in all limited companies. Only such persons may be shareowners or form partnerships in companies which practice qualified auditing (for official purposes). Residency required for approval. LT: Auditor’s report must be prepared in conjunction with an auditor accredited to practice in Lithuania For Mode 2 None |
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For Mode 1 AT: Nationality condition for representation before competent authorities. CY: Tax agents must be duly authorised by the Minister of Finance. Authorisation is subject to an 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 sub-sector, always taking into consideration the employment situation in the sub-sector. BG, MT, RO, SI: Unbound For Mode 2 None |
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For Mode 1 AT: Unbound except for planning services. BE, BG, CY, EL, IT, MT, PL, PT, SI: Unbound DE: Application of the national rules on fees and emoluments for all services which are performed from abroad. HR: Natural and legal persons may supply architectural services upon approval of the Croatian Chamber of Architects. A design or project elaborated abroad must be recognised (validated) by an authorised natural or legal person in Croatia with regard to its compliance with Croatian law. Unbound for urban planning. HU, RO: Unbound for landscape architectural services For Mode 2 None |
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For Mode 1 AT, SI: Unbound except for pure planning services. BG, CY, EL, IT, MT, PT: Unbound HR: Natural and legal persons may supply engineering services upon approval of the Croatian Chamber of Engineers. A design or project elaborated abroad must be recognised (validated) by an authorised natural or legal person in Croatia with regard to its compliance with Croatian law. For Mode 2 None |
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For Mode 1 AT, BE, BG, CY, DE, DK, EE, ES, FI, FR, EL, IE, IT, LU, MT, NL, PT, RO, SK, UK: Unbound HR: Unbound, except for telemedicine. SI: Unbound for social medicine, sanitary, epidemiological, medical/ecological services, the supply of blood, blood preparations and transplants and autopsy. For Mode 2 None |
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For Mode 1 AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU, IE, IT, LV, LT, MT, NL, PT, RO, SI, SK: Unbound UK: Unbound except for veterinary laboratory and technical services supplied to veterinary surgeons, general advice, guidance and information e.g.: nutritional, behaviour and pet care. For Mode 2 None |
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For Mode 1 AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PT, RO, SI, SK, UK: Unbound FI, PL: Unbound except for nurses. HR: Unbound, except for telemedicine. For Mode 2 None |
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For Mode 1 AT, BE, BG, DE, CY, DK, ES, FI, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound CZ, LV, LT: Unbound except for mail order. HU: Unbound except for CPC 63211. For Mode 2 None |
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For Modes 1 and 2 None |
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For a) and c): For Modes 1 and 2 EU: For publicly funded Research and Development services, exclusive rights and/or authorisations can only be granted to European Union nationals and to European Union juridical persons having their headquarters in the European Union. For b): None |
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For Mode 1 BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: Unbound HR: Commercial presence required. For Mode 2 None |
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For Mode 1 BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: Unbound HR: Commercial presence required. For Mode 2 None |
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For Mode 1 BG, CY, DE, HU, MT, RO: Unbound For Mode 2 None |
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For Modes 1 and 2: BG, CY, CZ, HU, LV, MT, PL, RO, SK: Unbound EU: Aircraft used by European Union air carriers have to be registered in the European Union Member State licensing the air carrier or elsewhere in the European Union. Waivers can be granted for short term lease contracts or under exceptional circumstances. |
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For Mode 1 BG, CY, HU, LV, MT, PL, RO, SI: Unbound For Mode 2 None |
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For Mode 1 BG, CY, CZ, HU, MT, PL, RO, SK: Unbound For Mode 2 None |
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For Modes 1 and 2 AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound EE: Unbound except for leasing or rental services concerning pre-recorded video-cassettes for use in home entertainment equipment. |
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For Modes 1 and 2: None. |
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For Modes 1 and 2: None. |
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For Modes 1 and 2: None |
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For Modes 1 and 2: None. |
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For Modes 1 and 2: HU: Unbound for arbitration and conciliation services (CPC 86602). |
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For Mode 1 IT: Unbound for the profession of biologist and chemical analyst. HR: Unbound for services related to issuance of mandatory certificates and similar official documents. BG, CY, CZ, MT, PL, RO, SK, SE: Unbound For Mode 2 BG, CY, CZ, MT, PL, RO, SK, SE: Unbound HR: Unbound for services related to issuance of mandatory certificates and similar official documents. |
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For Mode 1 IT: Unbound for activities reserved to agronomist and “periti agrari”. CY, EE, MT, RO, SI: Unbound For Mode 2 None |
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For Mode 1 LV, MT, RO, SI: Unbound For Mode 2 None |
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For Modes 1 and 2 None. |
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For Mode 1 AT, BG, CY, CZ, DE, EE, ES, FI, HR, IE, LV, LT, MT, PL, PT, RO, SK, SI, SE: Unbound For Mode 2 AT, BG, CY, CZ, DE, EE, ES, FI, HR, IE, LV, LT, MT, PL, PT, RO, SK, SI: Unbound |
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For Mode 1 AT, BE, BG, CY, CZ, DE, DK, EE, ES, EL, FI, FR, HR, IE, IT, LU, LV, LT, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound For Mode 2 AT, BG, CY, CZ, DE, DK, EE, ES, EL, FI, FR, HR, IE, IT, LU, LV, LT, MT, NL, PL, PT, RO, SI, SK, UK: Unbound |
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For Mode 1 AT, BG, CY, CZ, DE, EE, ES, FI, FR, HR, IT, IE, LV, LT, MT, NL, PL, PT, RO, SE, SK, SI: Unbound For Mode 2 AT, BG, CY, CZ, DE, EE, ES, FI, FR, HR, IT, IE, LV, LT, MT, NL, PL, PT, RO, SK, SI: Unbound |
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For Modes 1 and 2 BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, UK: Unbound |
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For Modes 1 and 2 HU: Unbound for CPC 87304, CPC 87305. BE, BG, CY, CZ, ES, EE, FI, FR, HR, IT, LV, LT, MT, PT, PL, RO, SI, SK: Unbound |
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For Mode 1 BE, BG, CY, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SI, UK: Unbound for exploration services. HR: Services of basic geological, geodetic and mining consulting services as well as related environmental protection consulting services on the territory of Croatia can be carried out only jointly with/or through domestic legal persons. For Mode 2 None |
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For Mode 1 For maritime transport vessels: BE, BG, CY, DE, DK, ES, FI, FR, EL, HR, IE, IT, LT, MT, NL, PL, PT, RO, SE, SI, UK: Unbound For internal waterways transport vessels: EU: Unbound For Mode 2 None |
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For Mode 1 AT, BE, BG, DE, CY, CZ, DK, ES, FI, FR, EL, HR, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SE, SI, SK, UK: Unbound For Mode 2 None |
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For Modes 1 and 2 None |
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For Mode 1 BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE, IT, LT, LU, MT, NL, PT, RO, SK, SI, SE, UK: Unbound For Mode 2 None |
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For Modes 1 and 2 None |
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For Mode 1 AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, IE, IT, LU, LV, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound For Mode 2 None. |
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For Mode 1 CY, MT: Unbound BG, EE, LV, LT, PL, SE, SI: Unbound for the supply of aerial photographic services. HR, LV: Unbound for specialty photographic services (CPC 87504). For Mode 2 None. |
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For Modes 1 and 2 None |
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For Modes 1 and 2 None |
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For Modes 1 and 2 None |
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For Mode 1 PL: Unbound for services of sworn interpreters. HU, SK: Unbound for official translation and interpretation. HR: Unbound for official documents. For Mode 2 None |
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For Mode 1 DE: Application of the national rules on fees and emoluments for all services which are performed from abroad. For Mode 2 None |
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For Modes 1 and 2 BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound |
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For Modes 1 and 2 BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound |
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For Mode 1 AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound For Mode 2 None |
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For Modes 1 and 2 None |
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For Modes 1 and 2 None |
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For Modes 1 and 2 None (17) |
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Sub-sectors (i), (iv) and (v) are however 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 two and a half times the public basic tariff, provided that they weigh less than 50 grams (18), plus the registered mail service used in the course of judicial or administrative procedures.) (part of CPC 751, part of CPC 71235 (19) and part of CPC 73210 (20)) |
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For Modes 1 and 2 None |
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For Modes 1 and 2 EU: None except that service providers in this sector may be subject to obligations to safeguard general interest objectives related to the conveyance of content through their network in line with the European Union regulatory framework for electronic communications. BE: Unbound |
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For Mode 1 CY, CZ, HU, LV, MT, SK: Unbound For Mode 2 None |
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For Modes 1 and 2 EU: Unbound for distribution of chemical products, of precious metals (and stones). AT: Unbound for distribution of pyrotechnical goods, of ignitable articles and blasting devices and of toxic substances. AT, BG: Unbound for distribution of products for medical use such as medical and surgical devices, medical substances and objects for medical use. HR: Unbound for tobacco products. For Mode 1 AT, BG, PL, RO: Unbound for distribution of tobacco and tobacco products. IT: For wholesale trade services, state monopoly on tobacco. BG, FI, PL, RO: Unbound for distribution of alcoholic beverages. SE: Unbound for retail distribution of alcoholic beverages AT, BG, CZ, FI, RO, SK, SI: Unbound for distribution of pharmaceuticals. BG, HU, PL: Unbound for commodity brokers’ services. FR: For commission agents’ services, unbound for traders and brokers working in 17 markets of national interest on fresh food products. Unbound for wholesale of pharmaceuticals. MT: Unbound for commission agents’ services. BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, SK, UK: For retailing services, unbound except for mail order. |
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For Mode 1 BG, CY, FI, FR, HR, IT, MT, RO, SE, SI: Unbound For Mode 2 CY, FI, HR, MT, RO, SE, SI: Unbound |
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For Mode 1 BG, CY, FI, FR, HR, IT, MT, RO, SE: Unbound For Mode 2 CY, FI, MT, RO, SE: Unbound For Modes 1 and 2 LV: Unbound for education services relating to technical and vocational secondary school-type education services for handicapped students (CPC 9224). |
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For Mode 1 AT, BG, CY, FI, FR, IT, MT, RO, SE: Unbound For Mode 2 AT, BG, CY, FI, MT, RO, SE: Unbound For Modes 1 and 2 CZ, SK: Unbound for higher education services, except post-secondary technical and vocational education services (CPC 92310). |
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For Modes 1 and 2 AT: Unbound for adult education services by means of radio or television broadcasting. CY, FI, MT, RO, SE: Unbound. |
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For Modes 1 and 2 AT, BE, BG, CY, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SI, SE, UK: Unbound. HR: None for correspondence education or education via telecommunications. |
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For Mode 1 EU: Unbound except for consulting services. For Mode 2 None |
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For Modes 1 and 2 AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PL, PT, RO, SK, SE, SI, UK: Unbound for direct insurance services except for insurance of risks relating to:
AT: Promotional activity and intermediation on behalf of a subsidiary not established in the European Union or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited. Compulsory air insurance, except for insurance of international commercial air transport, can be underwritten only by a subsidiary established in the European Union or by a branch established in Austria. 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 European Union or by a branch not established in Austria. Exception from the higher tax can be granted. DK: Compulsory air transport insurance can be underwritten only by firms established in the European Union. 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 European Union or by a branch established in Germany. 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 European Union. PL: Unbound for reinsurance and retrocession except for risks relating to goods in international trade. |
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PT: Air and maritime transport insurance, covering goods, aircraft, hull and liability can be underwritten only by firms established in the European Union; only persons or companies established in the European Union may act as intermediaries for such insurance business in Portugal. RO: Reinsurance on international market is allowed only if the reinsured risk cannot be placed on the domestic market. ES: For actuarial services, residence requirement and three-year relevant experience. For Mode 1 AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PT, RO, SK, SE, SI, UK: Unbound for direct insurance intermediation services except for insurance of risks relating to:
BG: Unbound for direct insurance, except for services supplied by foreign suppliers to foreign persons in the territory of the Republic of Bulgaria. Transport insurance, covering goods, insurance of vehicles as such and liability insurance regarding risks located in the Republic of Bulgaria may not be underwritten by foreign insurance companies directly. A foreign insurance company may conclude insurance contracts only through a branch. Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes. CY, LV, MT: Unbound for direct insurance services except for insurance of risks relating to:
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LT: Unbound for direct insurance services except for insurance of risks relating to:
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BG, LV, LT, PL: Unbound for insurance intermediation. FI: Only insurers having their head-office in the European Union or having their branch in Finland may offer direct insurance (including co-insurance) services. The supply of insurance broker services is subject to a permanent place of business in the European Union. HR: Unbound for direct insurance and direct insurance intermediation services, except
HU: The supply of direct insurance in the territory of Hungary by insurance companies not established in the European Union is allowed only through a branch office registered in Hungary. IT: Unbound for the actuarial profession. 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 European Union. This reservation does not apply for international transport involving imports into Italy. 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. |
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For Mode 2 AT, BE, BG, CZ, CY, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound for intermediation. BG: For direct insurance, Bulgarian natural and juridical persons, as well as foreign persons who conduct business activity in the territory of the Republic of Bulgaria, can conclude insurance contracts only with suppliers with respect to their activity in Bulgaria, which are licensed to conduct insurance activity in Bulgaria. Insurance compensation resulting from these contracts shall be paid in Bulgaria. Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes. HR: Unbound for direct insurance and direct insurance intermediation services, except
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 European Union. This reservation does not apply for international transport involving imports into Italy. |
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For Mode 1 AT, BE, BG, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PL, PT, SK, SE, UK: Unbound except for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation. BE: Establishment in Belgium is required for the provision of investment advisory services. BG: Limitations and conditions relating to the use of telecommunications network may apply. CY: Unbound except for trading of transferable securities, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation. EE: For acceptance of deposits, requirement of authorisation by Estonian financial Supervision Authority and registration under Estonian Law as a joint-stock company, a subsidiary or a branch. EE: The establishment of a specialised management company is required to perform the activities of management of investment funds, and only firms having their registered office in the European Union can act as depositories of the assets of investment funds. HR: Unbound except for lending, financial leasing, payment and money transmission services, guarantees and commitments, money broking, provision and transfer of financial information and advisory and other auxiliary financial services, excluding intermediation. 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 European Union can act as depositories of the assets of investment funds. |
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|
IE: The provision of investment services or investment advice requires either:
IT: Unbound for “promotori di servizi finanziari” (financial salesmen). LV: Unbound except for participation in issues of all kinds of securities, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation. LT: Commercial presence is required for pension fund management MT: Unbound except for acceptance of deposits, for lending of all types, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation. |
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|
|
PL: For the provision and transfer of financial information, and financial data processing and related software: Requirement to use the public telecommunication network, or the network of other authorised operator. RO: Unbound for financial leasing, for trading of money market instruments, foreign exchange, derivative products, exchange rate and interest rate instruments, transferable securities and other negotiable instruments and financial assets, for participation in issues of all kinds of securities, for asset management and for settlement and clearing services for financial assets. Payments and money transmission services are allowed only through a resident bank. SI:
Members of the Slovenian Stock Exchange must be incorporated in the Republic of Slovenia or be branches of foreign investment firms or banks. For Mode 2 BG: Limitations and conditions relating to the use of telecommunications network may apply. PL: For the provision and transfer of financial information, and financial data processing and related software: Requirement to use the public telecommunication network, or the network of another authorised operator. |
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|
|
||||||||||||||||||||||||
|
For Mode 1 AT, BE, BG, DE, CY, CZ, DK, ES, EE, FI, FR, EL, HR, IE, IT, LV, LT, MT, LU, NL, PL, PT, RO, SI, SE, SK, UK: Unbound For Mode 2 None |
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|
For Mode 1 AT, BE, BG, CY, CZ, DE, DK, EE, ES, EL, FI, FR, HR, HU, IE, IT, LU, MT, NL, PL, PT, RO, SE, SI, SK, UK: Unbound For Mode 2 BE: Unbound for social services other than convalescent and rest houses and old people’s homes. |
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|
|
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|
For Mode 1 AT, BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound except for catering. HR: Unbound. For Mode 2 None |
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|
For Mode 1 BG, CY, HU, MT, SK: Unbound For Mode 2 None |
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|
For Mode 1 BG, CY, CZ, HU, IT, LT, MT, PL, SK, SI: Unbound. For Mode 2 None |
||||||||||||||||||||||||
|
|
||||||||||||||||||||||||
|
For Mode 1 BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, UK: Unbound For Mode 2 CY, CZ, FI, HR, MT, PL, RO, SK, SI: Unbound BG: Unbound, except for theatrical producer, singer group, band and orchestra entertainment services (CPC 96191); services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192); ancillary theatrical services (CPC 96193). EE: Unbound for other entertainment services (CPC 96199), except for cinema theatre services. LT, LV: Unbound, except for cinema theatre operation services (part of CPC 96199). |
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|
For Modes 1 and 2 None |
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|
For Mode 1 BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound For Mode 2 BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, HU, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound |
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|
For Modes 1 and 2 AT: Unbound for ski school services and mountain guide services. BG, CZ, HR, LV, MT, PL, RO, SK: Unbound For Mode 1 CY, EE: Unbound |
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|
For Modes 1 and 2 None |
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|
|
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|
For Modes 1 and 2 BG, CY, DE, EE, ES, FR, FI, EL, IT, LT, LV, MT, PL, PT, RO, SI and SE: Feedering services by authorisation. |
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|
For Modes 1 and 2 EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) 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. AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as legal person, nationality condition for the majority of managing directors, the board of directors and the supervisory board. Registered company or permanent establishment in Austria is required. In addition the majority of the business shares must be held by European Union nationals. BG, CY, CZ, EE, FI, HR, HU, LT, MT, RO, SE, SI, SK: Unbound |
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|
For Mode 1 EU: Unbound For Mode 2 None. |
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|
For Mode 1 EU: Unbound. For Mode 2 None |
||||||||||||||||||||||||
|
For Mode 1: EU: Unbound. For Mode 2: AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound |
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|
|
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|
For Mode 1: EU: Unbound for maritime cargo handling services, storage and warehousing services, customs clearance services, container station and depot services, pushing and towing services, and supporting services for maritime transport AT, BG, CY, CZ, DE, EE, HU, LT, MT, PL, RO, SK, SI, SE: Unbound for rental of vessels with crew. HR: Unbound except for f) freight transport agency services. For Mode 2: None |
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|
|
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|
For Mode 1 EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserving some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Regulations implementing the Mannheim Convention on Rhine Shipping. EU: Unbound for maritime cargo handling services, storage and warehousing services, pushing and towing services, and supporting services for internal waterways transport. AT, BG, CY, CZ, DE, EE, FI, HU, LV, LT, MT, RO, SK, SI, SE: Unbound for rental of vessels with crew HR: Unbound. For Mode 2: None |
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|
For Mode 1 EU: Unbound for pushing and towing services. HR: Unbound, except for c) freight transport agency services. For Mode 2 None |
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|
For Mode 1 AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: Unbound for Rental of Commercial Road Vehicles with Operators HR: Unbound except for c) freight transport agency services and f) supporting services for road transport that are subject to permit. For Mode 2 None |
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|
|
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|
For Modes 1 and 2 EU: Unbound except for catering |
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|
For Modes 1 and 2 None |
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|
For Modes 1 and 2 None |
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|
For Modes 1 and 2 EU: Aircraft used by European Union air carriers have to be registered in the European Union Member States licensing the air carrier or elsewhere in the European Union. Waivers can be granted for short term lease contracts or under exceptional circumstances. |
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|
For Modes 1 and 2 EU: Specific obligations for service suppliers operating computer reservation systems that are owned or controlled by air carriers. |
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|
For Mode 1 EU: Unbound For Mode 2 None |
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|
For Mode 1: AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound For Mode 2 None |
||||||||||||||||||||||||
|
|
||||||||||||||||||||||||
|
For Modes 1 and 2 None |
||||||||||||||||||||||||
|
For Mode 1: EU: Unbound. For Mode 2: AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound |
||||||||||||||||||||||||
|
For Mode 1: AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound For Mode 2 None |
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|
For Mode 1: EU: Unbound for wholesale trade services of electricity, steam and hot water For Mode 2 None |
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|
For Mode 1: EU: Unbound For Mode 2 None |
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|
For Mode 1: EU: Unbound for retailing services of electricity, (non-bottled) gas, steam and hot water. BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, SK, UK: For Retail sales of fuel oil, bottled gas, coal and wood, unbound except for mail order where: none. For Mode 2 None |
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|
For Mode 1: EU: Unbound except for consultancy services where: none For Mode 2 None |
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|
|
||||||||||||||||||||||||
|
For Mode 1: EU: Unbound For Mode 2 None |
||||||||||||||||||||||||
|
For Mode 1: EU: Unbound For Mode 2 None. |
||||||||||||||||||||||||
|
For Mode 1: EU: Unbound For Mode 2 None |
||||||||||||||||||||||||
|
For Mode 1: EU: Unbound For Mode 2 None |
||||||||||||||||||||||||
|
For Mode 1: EU: Unbound For Mode 2 None |
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|
For Modes 1 and 2 None’ |
(1) The absence of European Union Member State-specific reservations in a given sector is without prejudice to horizontal reservations or to sectoral European Union-broad reservations that may apply.
(2) As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
(3) It includes legal advisory, legal representational, legal arbitration and conciliation/mediation, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, European Union law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in European Union Member States. For lawyers providing legal services in respect of public international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of European Union law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the European Union acting personally, and legal services in respect of the law of a European Union Member State shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that European Union Member State acting personally. Full admission to the Bar in the relevant European Union Member State might therefore be necessary for representation before courts and other competent authorities in the European Union since it involves practice of European Union and national procedural law. However, in some European Union Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national or belonging to the State in which the lawyer is entitled to practice.
(4) It does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.a). Legal services.
(5) The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in European Union Member States. As a general rule, this activity is reserved to pharmacists. In some European Union Member States, only the supply of prescription drugs is reserved to pharmacists.
(6) Part of CPC 85201, which is to be found under 1.A.h). Medical and dental services.
(7) The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.
(8) Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under l.F. l) 1 to 1.F.l) 4.
Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 1.B. COMPUTER SERVICES.
(9) It does not include printing services, which fall under CPC 88442 and are to be found under 1.F p).
(10) The term ‘handling’ should be taken to include clearance, sorting, transport and delivery.
(11) ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.
(12) E.g. letter, postcards.
(13) Books, catalogues are included hereunder.
(14) Journals, newspapers, periodicals.
(15) 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.
(16) 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.
(17) For subsectors i) to iv), individual licences imposing particular universal services obligations and/or financial contribution to a compensation fund may be required.
(18) ‘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.
(19) Transportation of mail on own account by any land Mode.
(20) Transportation of mail on own account by air.
(21) These services do not include on-line information and/or data processing (including transaction processing) (part of CPC 843) which is to be found under 1.B. Computer services.
(22) Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.
(23) These services cover the telecommunications service consisting of the transmission and reception of radio and television broadcast by satellite (the uninterrupted chain of transmission via satellite required for the distribution of TV and radio programme signals to the general public). This covers selling use of satellite services, but does not include the selling of television programme packages to households.
(24) These services, which include CPC 62271, are to be found in ENERGY SERVICES under 18.D.
(25) Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 1.B. and 1.F.l). Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 13.E and 13.F.
(26) Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 1.A.k).
(27) Corresponds to sewage services.
(28) Corresponds to Cleaning Services of Exhaust Gases.
(29) Corresponds to parts of Nature and Landscape Protection Services.
(30) Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT SERVICES under 12.D.a) Groundhandling services.
(31) Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in the same State when no revenue is involved.
(32) Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A. Postal and courier services.
(33) Pipeline transportation of fuels is to be found in ENERGY SERVICES under 13.B
(34) It does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 1.F.l) 1 to 1.F.l) 4.
(35) Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 13.C
(36) Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to mining, on land site preparation, on land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services, plugging and abandoning of wells.
Does not include direct access to or exploitation of natural resources.
Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 3; CONSTRUCTION SERVICES.
(37) Therapeutical massages and thermal cure services are to be found under 1.A.h) Medical services, 1.A.j) 2 Services provided by nurses, physiotherapists and para-medical personnel and health services (8.A and 8 C).
ANNEX V
(Section B of Appendix 1 to Annex IX to the Agreement referred to in Article 124 of the Agreement)
RESERVATIONS REGARDING TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES
APPENDIX 1
RESERVATIONS ON KEY PERSONNEL AND GRADUATE TRAINEES
(referred to in Article 124 of this Agreement)
‘SECTION B
EU PARTY
The following abbreviations are used:
|
AT |
Austria |
|
BE |
Belgium |
|
BG |
Bulgaria |
|
CY |
Cyprus |
|
CZ |
Czech Republic |
|
DE |
Germany |
|
DK |
Denmark |
|
ES |
Spain |
|
EE |
Estonia |
|
EU |
European Union, including all its Member States |
|
FI |
Finland |
|
FR |
France |
|
EL |
Greece |
|
HR |
Croatia |
|
HU |
Hungary |
|
IE |
Ireland |
|
IT |
Italy |
|
LV |
Latvia |
|
LT |
Lithuania |
|
LU |
Luxembourg |
|
MT |
Malta |
|
NL |
The Netherlands |
|
PL |
Poland |
|
PT |
Portugal |
|
RO |
Romania |
|
SK |
Slovak Republic |
|
SI |
Slovenia |
|
SE |
Sweden |
|
UK |
United Kingdom |
|
1. |
The list of reservations below indicates the economic activities liberalised pursuant to Article 114 of this Agreement for which limitations on key personnel and graduate trainees in accordance with Article 124 of this Agreement apply and specifies such limitations. The lists are composed of the following elements:
When the column referred to under subparagraph (b) only includes European Union Member State -specific reservations, European Union Member States not mentioned therein undertake commitments in the sector concerned without reservations (1). The European Union and its Member States do not undertake any commitment for key personnel and graduate trainees in economic activities which are not liberalised (remain unbound) pursuant to article 114 of this Agreement. |
|
2. |
In identifying individual sectors and sub-sectors:
|
|
3. |
Commitments on key personnel and graduate trainees do not apply in cases where the intent or effect of their temporary presence is to interfere with or otherwise affect the outcome of any labour/management dispute or negotiation. |
|
4. |
The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, and measures regarding employment, work and social security conditions when they do not constitute a limitation within the meaning of Articles 112 and 113 of this Agreement. Those measures (e.g. need to obtain a license, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, need to have a legal domicile in the territory where the economic activity is performed, need to comply with national regulations and practices concerning minimum wages and with collective wage agreements in the host country), even if not listed, apply in any case to key personnel and graduate trainees of investors of another Party. In accordance with Article 107 paragraph 3 of this Agreement, the list below does not include measures concerning subsidies granted by the Parties. |
|
5. |
All requirements of the laws and regulations of the European Union and its Member States 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 even if not listed below. |
|
6. |
The list below is without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment. |
|
7. |
In those sectors where economic needs tests are applied, their main criteria will be the assessment of the relevant market situation in the European Union Member States or the region where the service is to be provided, including with respect to the number of, and the impact on, existing services suppliers. |
|
8. |
The rights and obligations arising from this list of reservations shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons. |
|
Sector or Sub-Sector |
Description of Reservations |
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|
ALL SECTORS |
Economic needs test BG, HU: Economic needs test is required for graduate trainees. |
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|
ALL SECTORS |
Scope of intra-corporate transfers BG: The number of intra-corporate transferees is not to exceed 10 per cent of the average annual number of the European Union citizens employed by the respective Bulgarian juridical person: Where less than 100 persons are employed, the number of intra-corporate transferees may, subject to authorisation, exceed 10 per cent. HU: Unbound for natural persons who have been a partner in a juridical person of another Party. |
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|
ALL SECTORS |
Managing directors and auditors AT: Managing directors of branches of juridical persons have to be resident in Austria; natural persons responsible within a juridical person or a branch for the observance of the Austrian Trade Act must have a domicile in Austria. FI: A foreigner carrying on trade as private entrepreneur needs a trade permit and has to be permanently resident in the European Union. For all sectors, except telecommunications services, nationality condition and residence requirement for the managing director of a limited company. For telecommunications services, permanent residency for the managing director. FR: The managing director of an industrial, commercial or artisanal activity, if not holder of a residence permit, needs a specific authorisation. RO: The majority of the commercial companies’ auditors and their deputies shall be Romanian citizens. SE: The managing director of a juridical person or a branch shall reside in Sweden. |
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|
ALL SECTORS |
Recognition EU: European Union directives on mutual recognition of diplomas only apply to European Union nationals. The right to practise a regulated professional service in one European Union Member State does not grant the right to practice in another European Union Member State (2). |
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|
|
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|
HR: Residency requirement for publishers. IT: Nationality condition for publisher. PL: Nationality condition for the editor-in-chief of newspapers and journals. SE: Residency requirements for publisher and owner of publishing and printing company. |
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|
|
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|
|
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|
AT, CY, ES, EL, LT, MT, RO, SK: Full admission to the Bar, required for the practice of domestic (European Union and its Member States) law, is subject to a nationality condition. For ES, the competent authorities may grant waivers. BE, FI: Full admission to the Bar, required for legal representation services, is subject to a nationality condition, coupled with residency requirements. In Belgium quotas apply for appearing before the “Cour de cassation” in non-criminal cases. BG: Foreign lawyers can only provide legal representation services of a national of their home country and subject to reciprocity and cooperation with a Bulgarian lawyer. For legal mediation services permanent residence is required. |
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|
FR: Lawyers’ access to the profession of “avocat auprès de la Cour de Cassation” and “avocat auprès du Conseil d’Etat” is subject to quotas and to a nationality condition. HR: Full admission to the Bar, required for legal representation services, is subject to a nationality condition (EU Member States citizenship). HU: Full admission to the Bar is subject to a nationality condition, coupled with residency requirements. For foreign lawyers the scope of legal activities is limited to the provision of legal advice, which hast to take place on the basis of a collaboration contract concluded with a Hungarian attorney or law firm. |
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|
LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved. DK: Marketing of legal advice activities is restricted to lawyers with a Danish license to practice. Requirement of a Danish legal examination in order to obtain a Danish licence. LU: Nationality condition for the supply of legal services in respect of Luxembourg and European Union law. SE: Admission to the Bar, necessary only for the use of the Swedish title “advokat”, is subject to a residency requirement. |
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|
FR: Provision of accounting and bookkeeping services is conditional on a decision of the Minister of Economics, Finance and Industry, in agreement with the Minister of Foreign Affairs. The requirement of residence cannot exceed 5 years. |
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|
AT: Nationality condition for representation before competent authorities and for performing audits provided for in specific Austrian laws (e.g. joint stock companies law, stock exchange law, banking law, etc.) DK: Residence requirement. ES: Condition of nationality for statutory auditors and for administrators, directors and partners of companies other than those covered by the 8th EEC directive on company law. FI: Residency requirement for at least one of the auditors of a Finnish Liability company. EL: Condition of nationality for statutory auditors. HR: Only certified auditors holding a licence formally recognised by the Croatian Chamber of Auditors can provide auditing services. IT: Condition of nationality for administrators, directors and partners of companies other than those covered by the 8th EEC directive on company law. Residence requirement for individual auditors. SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, a.o. in all limited companies. Residency required for approval. |
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|
AT: Nationality condition for representation before competent authorities. BG, SI: Nationality condition for specialists. HU: Residency requirement |
||||||||||||||
|
EE: At least one responsible person (project manager or consultant) must be resident in Estonia BG: Foreign specialists must have experience in the field of construction of at least two years. Nationality condition for urban planning and landscape architectural services EL, HR, HU, SK: Residence requirement |
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|
EE: At least one responsible person (project manager or consultant) must be resident in Estonia BG: Foreign specialists must have experience in the field of construction of at least two years. EL, HR, HU, SK: Residence requirement. |
||||||||||||||
|
CZ, IT, SK: Residence requirement. CZ, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons. BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons. BG, CY, MT: Condition of nationality. DE: Condition of nationality which can be waived on an exceptional basis in cases of public health interest. DK: Limited authorisation to fulfil a specific function can be given for maximum 18 months and requires residence. FR: Condition of nationality. However, access is possible within annually established quotas. LV: 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. PL: Practice of medical profession by foreigners requires the permission. Foreign medical doctors have limited election rights within the professional chambers. PT: Residence requirement for psychologists. |
||||||||||||||
|
BG, CY, DE, EE, EL, FR, HR, HU, MT, SI: Nationality condition. CZ, SK: Nationality condition and residence requirement. IT: Residence requirement. PL: Nationality requirement. Foreign persons may apply for permission to practice |
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|
AT: In order to establish a professional practice in Austria, the person concerned must have practised the profession in question at least three years preceding the setting up of that professional practice. BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons. CZ, CY, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons. FR: Condition of nationality. However, access is possible within annually established quotas. HU: Nationality condition. IT: Residence requirement. LV: Economic needs determined by the total number of midwives in the given region, authorised by local health authorities. PL: Nationality condition. Foreign persons may apply for permission to practice. |
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|
AT: Foreign services suppliers are only allowed in the following activities: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians. In order to establish a professional practice in Austria, the person concerned must have practised the profession in question at least three years preceding the setting up of that professional practice. BE, FR, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons. CY, CZ, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons. HU: Condition of nationality. DK: Limited authorisation to fulfil a specific function can be given for maximum 18 months and requires residence. CY, CZ, EL, IT: Subject to economic needs test: decision is subject to regional vacancies and shortages. LV: Economic needs determined by the total number of nurses in the given region, authorised by local health authorities. |
||||||||||||||
|
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, SK: Condition of nationality HU: Condition of nationality except for retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods (CPC 63211). IT, PT: Residence requirement. |
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|
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FR, HU, IT, PT: Residence requirement. LV, MT, SI: Nationality condition. |
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DK: Residence requirement unless waived by the Danish Commerce and Companies Agency. FR, HU, IT, PT: Residence requirement LV, MT, SI: Nationality condition. |
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EU: Nationality condition for graduate trainees. AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists |
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EU: Nationality condition for specialists and for graduate trainees. |
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IT, PT: Residence requirements for biologist and chemical analyst. |
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IT: Residence requirements for agronomists and “periti agrari”. |
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|
BE: Nationality condition and residence requirement for management personnel. BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Nationality condition and residence requirement. DK: Nationality condition and residence requirement for managers and for airport guard services. ES, PT: Nationality condition for specialised personnel. FR: Nationality condition for managing directors and directors. IT: Nationality condition and residence requirement in order to obtain necessary authorisation for security guard services and the transport of valuables. |
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|
BG: Nationality condition for specialists. DE: Nationality condition for publicly appointed surveyors. FR: Nationality condition for “surveying” operations relating to the establishment of property rights and to land law. IT, PT: Residence requirement. |
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MT: Nationality condition. |
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LV: Nationality condition. |
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EU: For maintenance and repair of motor vehicles, motorcycles and snowmobiles, nationality condition for specialists and for graduate trainees. |
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EU: Nationality condition for specialists and for graduate trainees. |
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CY, EE, HR, MT, PL, RO, SI: Nationality condition for specialists. |
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HR, LV: Nationality condition for speciality photography services. PL: Nationality condition for the supply of aerial photographic services. |
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HR: Residency requirement for publishers. SE: Residency requirements for publisher and owner of publishing and printing company |
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FI: Residence requirement for certified translators DK: Residence requirement for authorised public translators and interpreters, unless waived by the Danish Commerce and Companies Agency. |
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SI: Nationality condition. |
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BE, EL, IT: Nationality condition. |
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BE, EL, IT: Nationality condition. |
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|
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. LV: Economic needs test for specialists and nationality condition for graduate trainees. |
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BG: Foreign specialists must have experience in the field of construction of at least two years. |
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FR: Condition of nationality for tobacconists (i.e. buraliste) |
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FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. IT: Condition of nationality for service providers who are authorised to issue State-recognised diplomas. EL: condition of nationality for teachers. |
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|
FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. IT: Condition of nationality for service providers who are authorised to issue State-recognised diplomas. EL: Condition of nationality for teachers. LV: Condition of nationality for technical and vocational secondary school-type education services for handicapped students (CPC 9224) |
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|
FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. CZ, SK: Condition of nationality for higher education services, except for post-secondary technical and vocational education services (CPC 92310). IT: Condition of nationality for service providers who are authorised to issue State-recognised diplomas. DK: Condition of nationality for professors. |
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AT: The management of a branch office must consist of two natural persons resident in Austria. EE: For direct insurance, the management body of an insurance joint-stock company with foreign capital participation may include citizens of non-European Union countries only in proportion to the foreign participation and 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. ES: Residency requirement and three years of experience for the actuarial profession. HR: Residency requirement. IT: Residency requirement for the actuarial profession. FI: The managing directors and at least one auditor of an insurance company shall have their place of residence in the European Union, unless the competent authorities have granted an exemption. The general agent of the foreign insurance company shall have his/her place of residence in Finland, unless the company has its head office in the European Union. PL: Residency requirement for insurance intermediaries |
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|
BG: Permanent residence in Bulgaria is required for the executive directors and the managerial agent. FI: The managing directors and at least one auditor of credits institutions shall have their place of residence in the European Union, unless the Financial Supervision Authority has granted an exemption. The broker (individual person) on derivative exchange shall have his/her place of residence in the European Union. HR: Residency requirement. The management board shall direct the business of a credit institution from the territory of Croatia. At least one management board member must be fluent in the Croatian language. IT: Condition of residence within the territory of a European Union Member State for “promotori di servizi finanziari” (financial salesmen) LT: At least one manager must be a European Union citizen. PL: Nationality requirement for at least one of the bank executives. |
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|
FR: The necessary authorisation for the access to management functions takes into consideration the availability of local managers. LV: Economic needs tests for doctors, dentists, midwives, nurses, physiotherapists and para-medical personnel. PL: Practice of medical profession by foreigners requires the permission. Foreign medical doctors have limited election rights within the professional chambers. |
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BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent HR: Nationality requirement for hospitality and catering services in households and rural homesteads. |
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|
BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent. |
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ES, FR, EL, HR, IT, PL, PT: Nationality condition ES, IT: The right to exercise the profession is reserved for the local organisations of tourist guides |
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FR: The necessary authorisation for the access to management functions is subject to a condition of nationality when the authorisation for more than two years is required |
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EU: Nationality condition for ships’ crews AT: Nationality condition for the majority of managing directors |
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AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership DK, HR: Nationality condition and residence requirement for managers. BG, MT: Nationality condition |
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|
AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership BG, MT: Nationality condition HR: Nationality condition and residency requirement for managers. |
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AT: Nationality condition for managing directors. |
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EU: Nationality condition for crews for pushing, towing services, and for supporting services for maritime transport. AT: Nationality condition for the majority of managing directors for a), d), h), g), h), and i). BG, MT: Nationality condition DK: Requirement of residence for customs clearance services EL: Nationality condition for customs clearance services IT: Requirement of residence for “raccomandatorio marittimo” |
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EU: Nationality condition for crews |
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|
AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership for rental of commercial road vehicles with operators services. BG, MT: Nationality condition DK: Requirement of residence for customs clearance services EL: Nationality condition for customs clearance services PL: National restrictions concerning direct representation in customs clearance services: it can be performed by customs agents only who have the residence in the territory of European Union. FR: Unbound except if full reciprocity is granted. NL: The admittance of natural or juridical persons to act as customs representatives is subject to discretion by the inspector, as provided by articles 1(3) and 1(9) of the General Customs Act. Admittance will be denied in case the applicant has been irrevocably sentenced for a criminal act in the past five years. Customs representatives, who are not a resident of or established in the Netherlands, are required to take residence or establish a fixed location in the Netherlands, before they perform activities as an admitted customs representative. |
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|
BG, MT: Nationality condition DK: Requirement of residence for customs clearance services EL: Nationality condition for customs clearance services PL: National restrictions concerning direct representation in customs clearance services: it can be performed by customs agents only who have the residence in the territory of European Union. FR: Unbound except if full reciprocity is granted. NL: The admittance of natural or juridical persons to act as customs representatives is subject to discretion by the inspector, as provided by articles 1(3) and 1(9) of the General Customs Act. Admittance will be denied in case the applicant has been irrevocably sentenced for a criminal act in the past five years. Customs representatives, who are not a resident of or established in the Netherlands, are required to take residence or establish a fixed location in the Netherlands, before they perform activities as an admitted customs representative. |
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|
BG, MT: Nationality condition DK: Requirement of residence for customs clearance services EL: Nationality condition for customs clearance services PL: National restrictions concerning direct representation in customs clearance services: it can be performed by customs agents only who have the residence in the territory of European Union. FR: Unbound except if full reciprocity is granted. NL: The admittance of natural or juridical persons to act as customs representatives is subject to discretion by the inspector, as provided by articles 1(3) and 1(9) of the General Customs Act. Admittance will be denied in case the applicant has been irrevocably sentenced for a criminal act in the past five years. Customs representatives, who are not a resident of or established in the Netherlands, are required to take residence or establish a fixed location in the Netherlands, before they perform activities as an admitted customs representative. |
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AT: Nationality condition for managing directors. |
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SK: Residence requirement. |
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EU: Nationality condition for specialists and for graduate trainees |
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BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. AT: Nationality condition for graduate trainees. |
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|
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. AT: Nationality condition for graduate trainees. |
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|
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. AT: Nationality condition for graduate trainees. |
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EU: Nationality condition for specialists and for graduate trainees. |
(1) The absence of European Union Member State-specific reservations in a given sector is without prejudice to horizontal reservations or to sectoral European Union -broad reservations that may apply.
(2) In order for third-country nationals to obtain European Union -wide recognition of their qualifications, it is necessary a Mutual Recognition Agreement negotiated within the framework defined in Article 129 of this Agreement.
(3) This sector does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.h).
(4) Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.p).
(5) Includes legal advisory, legal representational, legal arbitration and conciliation/mediation, and legal documentation and certification services.
Provision of legal services is only authorised in respect of public international law, European Union law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in European Union Member States. For lawyers providing legal services in respect of public international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of European Union law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the European Union acting personally, and legal services in respect of the law of a European Union Member State shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that European Union Member State acting personally. Full admission to the Bar in the relevant European Union Member State might therefore be necessary for representation before Courts and other competent authorities in the European Union since it involves practice of European Union and national procedural law. However, in some European Union Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national or belonging to the State in which the lawyer is entitled to practice.
(6) Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.a). Legal services.
(7) The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in European Union Member States. As a general rule, this activity is reserved to pharmacists. In some European Union Member States, only the supply of prescription drugs is reserved to pharmacists.
(8) The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.
(9) Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F. l) 1 to 6.F.l) 4.
Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. Computer services.
(10) It does not include printing services, which fall under CPC 88442 and are to be found under 6.F p).
(11) Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 6.B. and 6.F.l).
It does not include retailing services of energy products which are to be found in ENERGY SERVICES under 18.E and 18.F.
(12) Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT RVICES under 17.D.a) Groundhandling services
(13) Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in same State when no revenue is involved
(14) Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 7.A. Postal and courier services.
(15) Pipeline transportation of fuels is to be found in ENERGY SERVICES under 18.B.
(16) Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.l) 1 to 6.F.l) 4.
(17) The horizontal limitation on public utilities applies when the services require the use of the public domain.
(18) Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES. under 18.C.
(19) Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to mining, on land site preparation, on land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services, plugging and abandoning of wells.
Does not include direct access to or exploitation of natural resources.
Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION SERVICES.
(20) Therapeutical massages and thermal cure services are to be found under 6.A.h) Medical services, 6.A.j) 2 Services provided by nurses, physiotherapists and para-medical personnel and health services (13.A and 13 C).’
ANNEX VI
(Section B of Appendix 2 in Annex IX to the Agreement referred to in Articles 126 and 127 of the Agreement)
RESERVATIONS REGARDING TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS PURPOSES
APPENDIX 2
RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS
(referred to in Article 126 and 127 of this Agreement)
‘SECTION B
EU PARTY
The following abbreviations are used:
|
AT |
Austria |
|
BE |
Belgium |
|
BG |
Bulgaria |
|
CY |
Cyprus |
|
CZ |
Czech Republic |
|
DE |
Germany |
|
DK |
Denmark |
|
ES |
Spain |
|
EE |
Estonia |
|
EU |
European Union, including all its Member States |
|
FI |
Finland |
|
FR |
France |
|
EL |
Greece |
|
HR |
Croatia |
|
HU |
Hungary |
|
IE |
Ireland |
|
IT |
Italy |
|
LV |
Latvia |
|
LT |
Lithuania |
|
LU |
Luxembourg |
|
MT |
Malta |
|
NL |
The Netherlands |
|
PL |
Poland |
|
PT |
Portugal |
|
RO |
Romania |
|
SK |
Slovak Republic |
|
SI |
Slovenia |
|
SE |
Sweden |
|
UK |
United Kingdom |
|
1. |
The list of reservations below indicates the services sectors liberalised by the EU Party pursuant to Articles 126, paragraphs 2 and 3 and 127, paragraphs 2 and 3 of this Agreement and the specific discriminatory limitations which apply thereto. The lists are composed of the following elements:
When no specific limitations, other than those specified in Title IV of this Agreement, apply to both contractual service suppliers (hereinafter referred to as “CSS”) and independent professionals (hereinafter referred to as “IP”), “none” is inscribed next to the relevant European Union Member State(s). |
|
2. |
In identifying individual sectors and sub-sectors, “CPC” means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC prov, 1991. |
|
3. |
The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures, and measures regarding employment, work and social security conditions when they do not constitute a discriminatory limitation within the meaning of Articles 126 paragraphs 2 and 3 and 127, paragraphs 2 and 3 of this Agreement. Those measures (e.g. need to obtain a license, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, need to have a legal domicile where the activity is performed, need to comply with national regulations and practices concerning minimum wages and with collective wage agreements in the host country), even if not listed, apply in any case to CSS and IP of another Party. |
|
4. |
In accordance with Article 107 paragraph 3 of this Agreement, the list below does not include measures concerning subsidies granted by the Parties. |
|
5. |
All requirements of the laws and regulations of the European Union and of its Member States 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 even if not listed below. |
|
6. |
The list below is without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment. |
|
7. |
In those sectors where economic needs tests are applied, their main criteria will be the assessment of the relevant market situation in the European Union Member State or the region where the service is to be provided, including with respect to the number of, and the impact on, existing services suppliers. |
|
8. |
The rights and obligations arising from this list of reservations shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons. |
|
9. |
Commitments on CSS and IP do not apply in cases where the intent or effect of their temporary presence is to interfere with or otherwise affect the outcome of any labour/management dispute or negotiation. |
|
Sector or Sub-Sector |
Description of Reservations |
|
ALL SECTORS (1) |
Transitional periods BG, RO: Commitments shall enter into force with effect from 1 January 2014. AT, BE, DE, DK, EL, ES, FI, FR, IE, IT, LU, NL, PT, SE, UK: None. Recognition EU: European Union directives on mutual recognition of diplomas only apply to nationals of European Union Member States. The right to practise a regulated professional service in one European Union Member State does not grant the right to practise in another European Union Member State (2). |
|
Legal Advisory Services in respect of public international law and foreign law (i.e. non- European Union law) (part of CPC 861) (3) |
AT, CY, DE, EE, IE, LU, NL, SE, UK: None. ES, IT, HR, EL, PL: Economic needs test for IP. LV: Economic needs test for CSS. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. BG, CZ, DK, FI, HU, LT, MT, PT, RO, SI, SK: Economic needs tests. DK: Marketing of legal advice activities is restricted to lawyers with a Danish license to practice. Requirement of a Danish legal examination in order to obtain a Danish licence. FR: Full (simplified) admission to the Bar through an aptitude test is required. HR: Full admission to the Bar required for legal representation services, is subject to national condition. |
|
Accounting and Bookkeeping Services (CPC 86212 other than “auditing services”, CPC 86213, CPC 86219 and CPC 86220) |
CY, DE, EE, ES, HR, IE, IT, LU, NL, PL, SI, SE, UK: None. AT: The employer must be member of the relevant professional body in the home country where such body exists. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. FR: Authorisation requirement. BG, CZ, DK, EL, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test. |
|
Taxation Advisory Services (CPC 863) (4) |
CY, DE, EE, ES, FR, IE, IT, LU, NL, PL, SI, SE, UK: None. AT: The employer must be member of the relevant professional body in the home country where such body exists; nationality condition for representation before competent authorities. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. BG, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test. PT: Unbound. HR, HU: Residence requirement. |
|
Architectural services and Urban planning and landscape architectural services (CPC 8671 and CPC 8674) |
CY, EE, EL, FR, IE, LU, MT, NL, SI, SE, UK: None. ES, HR, IT, PL: Economic needs test for IP. LV: Economic needs test for CSS. FI: The natural person must demonstrate that (s)he possesses special knowledge relevant to the service being supplied. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. DK: Economic needs test except for CSS stays of up to three months. BG, CZ, DE, FI, HU, LT, PT, RO, SK: Economic needs test. AT: Planning services only, where: Economic needs test. HR, HU: Residence requirement. |
|
Engineering services and Integrated engineering services (CPC 8672 and CPC 8673) |
CY, EE, EL, FR, IE, LU, MT, NL, SI, SE, UK: None. ES, HR, IT, PL, PT: Economic needs test for IP. LV: Economic needs test for CSS. FI: The natural person must demonstrate that (s)he possesses special knowledge relevant to the service being supplied. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. DK: Economic needs test except for CSS stays of up to three months. BG, CZ, DE, FI, HU, LT, RO, SK: Economic needs test. AT: Planning services only, where: Economic needs test. HR, HU: Residence requirement. |
|
Medical (including psychologists) and dental services (CPC 9312 and part of CPC 85201) |
SE: None. CY, CZ, DE, DK, EE, ES (5), IE, IT, LU, MT, NL, PL, RO, SI: Economic needs test. AT: Unbound except for psychologists and dental services, where: Economic needs test. BE, BG, EL, FI, FR, HU, LT, LV, PT, SK, UK: Unbound. |
|
Veterinary services (CPC 932) |
SE: None. BE, CY, CZ, DE, DK, EE, EL, ES (6), FI, IE, IT, LT, LU, MT, NL, PL, RO, SI: Economic needs test. AT, BG, FR, HR, HU, LV, PT, SK, UK: Unbound. |
|
Midwives services (part of CPC 93191) |
SE: None. AT, CY, CZ, DE, DK, EE, EL, ES, IE, IT, LT, LV, LU, MT, NL, PL, RO, SI: Economic needs test. BE, BG, FI, FR, HU, PT, SK, UK: Unbound. |
|
Services provided by nurses, physiotherapists and paramedical personnel (part of CPC 93191) |
SE: None. AT, CY, CZ, DE, DK, EE, EL, ES, IE, IT, LT, LV, LU, MT, NL, PL, RO, SI: Economic needs test. BE, BG, FI, FR, HU, PT, SK, UK: Unbound. |
|
Computer and Related Services (CPC 84) |
CY, DE, EE, EL, FR, IE, LU, MT, NL, SI, SE: None. ES, IT, PL: Economic needs test for IP. LV: Economic needs test for CSS. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. DK: Economic needs test except for CSS stays of up to three months. AT, BG, CZ, FI, HU, LT, RO, PT, SK, UK: Economic needs test. HR: Residency requirement for CSS. Unbound for IP. |
|
Market Research and Opinion Polling (CPC 864) |
CY, DE, EE, FR, IE, LU, NL, SE, UK: None. ES, HR, IT, PL: Economic needs test for IP. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. AT, BG, CZ, DK, EL, FI, LT, LV, MT, RO, SI, SK: Economic needs test. LT, PT: Unbound for public opinion polling services (CPC 86402). HU: Economic needs test except for public opinion polling services (CPC 86402), where: Unbound. |
|
Management Consulting Services (CPC 865) |
CY, DE, EE, EL, FR, IE, LV, LU, MT, NL, SI, SE, UK: None. ES, HR, IT, PL, PT: Economic needs test for IP. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. DK: Economic needs test except for CSS stays of up to three months. AT, BG, CZ, FI, HU, LT, RO, SK: Economic needs test. |
|
Services Related to Management Consulting (CPC 866) |
CY, DE, EE, EL, FR, IE, LV, LU, MT, NL, SI, SE, UK: None. ES, HR, IT, PL, PT: Economic needs test for IP. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. DK: Economic needs test except for CSS stays of up to three months. AT, BG, CZ, FI, LT, RO, SK: Economic needs test. HU: Economic needs test, except for arbitration and conciliation services (CPC 86602), where: Unbound. |
|
Maintenance and repair of vessels (part of CPC 8868) |
CY, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SK, SI, SE: None BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. AT, BG, CZ, DE, DK, FI, HU, IE, LT, MT, RO, UK: Economic needs test. |
|
Maintenance and repair of rail transport equipment (part of CPC 8868) |
CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK: None. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test. |
|
Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment (CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868) |
CY, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE: None. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. AT, BG, CZ, DE, DK, FI, HU, IE, LT, MT, RO, SK: Economic needs test. UK: Economic needs test for maintenance and repair of motor vehicles, motorcycles, snowmobiles (CPC 6112, CPC 6122, part of CPC 8867). |
|
Maintenance and repair of aircraft and parts thereof (part of CPC 8868) |
CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK: None. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test. |
|
Maintenance and repair of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and household goods (7) (CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866) |
CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK: None. BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations. AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test. |
|
Design services |
AT, BE, BG, CY, CZ, DE, DK, EE, EL, FI, FR, HR, HU, IE, IT, LT, LU, LV, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound. ES: none for CSS, unbound for IP. |
|
Chemical engineering, pharmaceutics, photochemistry |
AT, BE, BG, CY, CZ, DE, DK, EE, EL, FI, FR, HR, HU, IE, LT, LU, LV, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound. ES, IT: none for CSS, unbound for Impendent Professionals. |
|
Services in cosmetics technology |
AT, BE, BG, CY, CZ, DE, DK, EE, EL, FI, FR, HR, HU, IE, IT, LT, LU, LV, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound. ES: none for CSS, unbound for IP. |
|
Specialised services in technology, engineering, marketing and sales for the automotive sector |
AT, BE, BG, CY, CZ, ES, DE, DK, EE, EL, FI, FR, HR, HU, IE, LT, LU, LV, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound. IT: none for CSS, Economic needs test for IP. |
|
Commercial design services and marketing for the fashion textile industry, garments, footwear and articles |
AT, BE, BG, CY, CZ, DE, DK, EE, EL, FI, FR, HR, HU, IE, IT, LT, LU, LV, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound. ES: none for CSS, unbound for IP. |
|
Translation and Interpretation Services (CPC 87905, excluding official or certified activities) |
CY, EE, FR, LU, LV, MT, NL, PT, SI, SE, UK: None. AT, BE, BG, CZ, DE, DK, ES, EL, FI, HU, IE, IT, LT, PL, RO, SK: Economic needs test. HR: Unbound for IP.’ |
(1) Note for transparency for BE: where applicable, the referred to annual wage amount is currently set at 33,677 euro (March 2007).
(2) In order for third-country nationals to obtain European Union-wide recognition of their qualifications, it is necessary a Mutual Recognition Agreement negotiated within the framework defined in Article 129 of this Agreement.
(3) Provision of these services, like the provision of other services, is subject to licensing requirements and procedures applicable in the European Union Member States. These may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country.
(4) Does not include legal advisory and legal representational services on tax matters, which are to be found under Legal Advisory Services in respect of public international law and foreign law.
(5) For medical (including psychologists) and dental services (CPC 9312 and part of CPC 85201) and as concerns Spain only, the economic needs test requirement does not apply to Colombia.
(6) For veterinary services (CPC 932) and as concerns Spain only, the economic needs test requirement does not apply to Colombia.
(7) Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under Computer services.
ANNEX VII
(Annex X to the Agreement referred to in Article 130 of the Agreement)
‘ENQUIRY POINTS REGARDING TRADE IN SERVICES, ESTABLISHMENT AND ELECTRONIC COMMERCE
(referred to in Article 130 of this Agreement)
COLOMBIA
|
|
Telephone: +57 1 606 76 76 Ext. 1316 Telefax: +57 1 2410479 |
EU
|
EUROPEAN UNION |
E-mail: TRADE-GATS-CONTACT-POINTS@ec.europa.eu |
|||||||||||||
|
AUSTRIA |
Telephone: ++ 43 1 711 00 (ext. 6915/5946) Telefax: ++ 43 1 718 05 08 E-mail: post@C211.bmwa.gv.at |
|||||||||||||
|
BELGIUM |
Telephone: (322) 277 51 11 Telefax: (322) 277 53 11 E-mail: info-gats@economie.fgov.be |
|||||||||||||
|
BULGARIA |
Telephone: (359 2) 940 77 61 / (359 2) 940 77 93 Telefax: (359 2) 981 49 15 E-mail: wto.bulgaria@mee.government.bg |
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|
CROATIA |
tel. +385 1 6444 612 fax: +385 1 6444 601 e-mail: sluzba.t-politika@mvep.hr |
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|
CYPRUS |
Telephone: (357 22) 406 801 / (357 22) 406 852 Telefax: (357 22) 666 810 E-mail: planning@cytanet.com.cy maria.philippou@planning.gov.cy |
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|
CZECH REPUBLIC |
Telephone (420 2) 2485 2012 Telefax (420 2) 2485 2656 E-mail: brennerova@mpo.cz |
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|
DENMARK |
Telephone: (45) 3392 0000 Telefax: (45) 3254 0533 E-mail: eir@um.dk |
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|
ESTONIA |
Telephone: (372) 639 7654 / (372) 625 6360 Telefax: (372) 631 3660 E-mail: services@mkm.ee |
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|
FINLAND |
Telephone: (358-9) 1605 5528 Telefax: (358-9) 1605 5599 |
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|
FRANCE |
Telephone: +33 (1) 44 87 20 30 Telefax: +33 (1) 53 18 96 55 |
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Telephone: +33 (1) 44 87 10 13 Telefax: +33 (1) 44 87 12 61 |
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|
GERMANY |
Telephone: (49221) 2057 345 Telefax: (49221) 2057 262 E-mail: zoll@bfai.de |
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|
GREECE |
Telephone: (30 210) 3286121, 3286126 Telefax: (30 210) 3286179 |
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|
HUNGARY |
Telephone: 361 336 7715 Telefax: 361 336 7559 E-mail: kereskedelempolitika@gkm.gov.hu |
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|
IRELAND |
Telephone: (353 1) 6312533 Telefax: (353 1) 6312561 |
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|
ITALY |
|
|||||||||||||
|
General Directorate for the Multilateral Economic and Financial Cooperation WTO Coordination Office Telephone: (39) 06 3691 4353 Telefax: (39) 06 3242 482 E-mail: dgce.omc@esteri.it |
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|
General Directorate for the European Integration Office II – EU external relations Telephone: (39) 06 3691 2740 Telefax; (39) 06 3691 6703 E-mail: dgie2@esteri.it |
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|
||||||||||||||
|
General Directorate for Commercial Policy Division V Telephone: (39) 06 5993 2589 Telefax: (39) 06 5993 2149 E-mail: polcom5@mincomes.it |
||||||||||||||
|
LATVIA |
Telephone: (371) 67 013 008 Telefax: (371) 67 280 882 E-mail: pto@em.gov.lv |
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|
LITHUANIA |
Telephone: (370 52) 362 594 / (370 52) 362 598 Telefax: (370 52) 362 586 E-mail: teo.ed@urm.1t |
|||||||||||||
|
LUXEMBOURG |
Telephone: (352) 478 2355 Telefax: (352) 22 20 48 |
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|
MALTA |
Telephone: (356) 21 249 359 Telefax: (356) 21 249 355 Email: epd@gov.mt joseph.bugeja@gov.mt |
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|
NETHERLANDS |
Telephone: (3170) 379 6451 / (3170) 379 6250 Telefax: (3170) 379 7221 E-mail: M.F.T.RiemslagBaas@MinEZ.nl |
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|
POLAND |
Telephone: (48 22) 693 4826 / (48 22) 693 4856 / (48 22) 693 4808 Telefax: (48 22) 693 4018 E-mail: joanna.bek@mg.gov.pl |
|||||||||||||
|
PORTUGAL |
Telephone: (351 21) 790 95 00 Telefax: (351 21) 790 95 81 E-mail: informação@icep.pt |
|||||||||||||
Telephone: (351 21) 393 55 00 Telefax: (351 21) 395 45 40 |
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|
ROMANIA |
Telephone and telefax: (41 22) 401 05 58 Contact person: Ms Natalia SCHINK Head of Unit |
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|
SLOVAK REPUBLIC |
Telephone: (421-2) 4854 7110 Telefax: (421-2) 4854 3116 |
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|
SLOVENIA |
Telephone (386 1) 478 35 42 / (386 1) 478 35 53 Telefax: (386 1) 478 36 11 E-mail: dimitrij.grcar@gov.si Web site: www.mg-rs.si |
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|
SPAIN |
Telephone: (34 91) 349 3781 Telefax: (34 91) 349 5226 E-mail: sgcominser.sscc@mcx.es |
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|
SWEDEN |
Telephone: (46 8) 690 4800 Telefax: (46 8) 30 6759 E-mail: registrator@kommers.se Web site: http://www.kommers.se |
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Telephone: 46 (0) 8 405 10 00 Telefax: 46 (0) 8723 11 76 E-mail: registrator@foreign.ministry.se Web site: http://www.sweden.gov.se/ |
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|
UNITED KINGDOM |
Telephone: (4420) 7215 5922 Fax: (4420) 7215 2235 E-mail: A133servicesEWT@berr.gsi.gov.uk Web site:www.berr.gov.uk/europeantrade/key-trade-issues-gats/page22732/html |
PERU
|
|
Telephone: +51 1 5136119 Telefax: +51 1 5136100 ext 1265 E-mail: servicios@mincetur.gob.pe’ |
ANNEX VIII
(Section B of Appendix 1 to Annex XII to the Agreement)
COVERAGE ON GOVERNMENT PROCUREMENT
To be integrated into Subsection 1, Central Government Entities:
‘Croatia
|
— |
Croatian Parliament; |
|
— |
President of the Republic of Croatia; |
|
— |
Office of the President of the Republic of Croatia; |
|
— |
Office of the President of the Republic of Croatia after the expiry of the term of office; |
|
— |
Government of the Republic of Croatia; |
|
— |
Offices of the Government of the Republic of Croatia; |
|
— |
Ministry of Economy |
|
— |
Ministry of Regional Development and EU Funds |
|
— |
Ministry of Finance |
|
— |
Ministry of Defence |
|
— |
Ministry of Foreign and European Affairs |
|
— |
Ministry of the Interior |
|
— |
Ministry of Justice |
|
— |
Ministry of Public Administration |
|
— |
Ministry of Entrepreneurship and Crafts |
|
— |
Ministry of Labour and Pension System |
|
— |
Ministry of Maritime Affairs, Transport and Infrastructure |
|
— |
Ministry of Agriculture |
|
— |
Ministry of Tourism |
|
— |
Ministry of Environmental and Nature Protection |
|
— |
Ministry of Construction and Physical Planning |
|
— |
Ministry of Veterans’ Affairs |
|
— |
Ministry of Social Policy and Youth |
|
— |
Ministry of Health |
|
— |
Ministry of Science, Education and Sports |
|
— |
Ministry of Culture |
|
— |
State administrative organisations |
|
— |
County state administration offices |
|
— |
Constitutional Court of the Republic of Croatia |
|
— |
Supreme Court of the Republic of Croatia |
|
— |
Courts |
|
— |
State Judiciary Council |
|
— |
State attorney’s offices |
|
— |
State Prosecutor’s Council |
|
— |
Ombudsman’s offices; |
|
— |
State Commission for the Supervision of Public Procurement Procedures |
|
— |
Croatian National Bank |
|
— |
State agencies and offices |
|
— |
State Audit Office;’ |
To be integrated into Subsection 2, Subcentral Government Entities:
‘Croatia
Contracting authorities referred to in Article 5, paragraph 1, item 3 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No. 90/11), i.e. legal persons established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character and which meet one of the following conditions:
|
— |
they are financed from the State Budget or the budget of local or the budget of regional self-government unit or other such legal persons in more than 50%, or |
|
— |
they are subject to management supervision by state bodies, local and regional self-government units or other such legal persons, or |
|
— |
they have supervisory board, an administrative or managerial board, more than half of whose members are appointed by the state bodies, local and regional self-government units or other such legal persons. |
For example:
|
— |
Agency Alan d.o.o.; |
|
— |
APIS IT d.o.o – Information Systems and Information Technologies Support Agency; |
|
— |
National Folk Dance Ensemble of Croatia “Lado”; |
|
— |
CARnet (Croatian Academic and Research Network); |
|
— |
Help and care centres; |
|
— |
Social welfare centres; |
|
— |
Social care homes; |
|
— |
Health care centres; |
|
— |
State archives; |
|
— |
State Institute for Nature Protection |
|
— |
Fund for Financing the Decommissioning of the Krško Nuclear Power Plant and the Disposal of NEK Radioactive Waste and Spent Nuclear Fuel; |
|
— |
Fund for Indemnification of Seized Property; |
|
— |
Fund for Reconstruction and Development of Vukovar; |
|
— |
Fund for Professional Rehabilitation and Employment of People with Disabilities; |
|
— |
Environmental Protection and Energy Efficiency Fund; |
|
— |
Croatian Academy of Science and Arts; |
|
— |
Croatian Bank for Reconstruction and Development; |
|
— |
Hrvatska kontrola zračne plovidbe d.o.o. (Croatia Control Ltd.); |
|
— |
Hrvatska lutrija d.o.o. (Croatian Lottery); |
|
— |
Croatian Heritage Foundation; |
|
— |
Croatian Chamber of Agriculture; |
|
— |
Croatian Radio Television; |
|
— |
Croatian Association of Technological Culture; |
|
— |
Croatian Audiovisual Centre; |
|
— |
Croatian Centre for Horse Breeding – State Stud Farms Đakovo and Lipik; |
|
— |
Croatian Centre for Agriculture, Food and Rural Affairs; |
|
— |
Croatian Mine Action Centre; |
|
— |
Croatian Memorial-Documentation Centre of the Homeland War; |
|
— |
Croatian Olympic Committee; |
|
— |
Croatian Energy Market Operator; |
|
— |
Croatian Paralympic Committee; |
|
— |
Croatian Register of Shipping; |
|
— |
Croatian Conservation Institute; |
|
— |
Croatian Deaf Sport Federation; |
|
— |
Croatian Institute of Emergency Medicine; |
|
— |
Croatian National Institute of Public Health; |
|
— |
Croatian Institute for Mental Health; |
|
— |
Croatian Institute for Pension Insurance; |
|
— |
Croatian Standards Institute; |
|
— |
Croatian Institute for Telemedicine; |
|
— |
Croatian Institute for Toxicology and Anti-doping; |
|
— |
Croatian National Institute of Transfusion Medicine; |
|
— |
Croatian Employment Service; |
|
— |
Croatian Institute for Health Protection and Safety at Work; |
|
— |
Croatian Institute for Health Insurance; |
|
— |
Croatian Institute for Health Insurance of Occupational Health; |
|
— |
Jadrolinija (shipping company); |
|
— |
Public Institution Croatian Olympic Centre; |
|
— |
Higher education public institutions; |
|
— |
National parks public institutions; |
|
— |
Nature parks public institutions; |
|
— |
Public scientific institutes; |
|
— |
Theatres, museums, galleries, libraries and other institutions in the field of culture established by the Republic of Croatia or local and regional self-government units; |
|
— |
Penitentiaries; |
|
— |
Clinical hospitals; |
|
— |
Clinical hospital centres; |
|
— |
Clinics; |
|
— |
“Miroslav Krleža” Institute of Lexicography; |
|
— |
Port Authorities; |
|
— |
Sanatoriums; |
|
— |
Pharmacies founded by the units of regional self-government; |
|
— |
Matica hrvatska (Matrix Croatia); |
|
— |
International Centre for Underwater Archaeology; |
|
— |
National and University Library; |
|
— |
National Foundation for Support to the Pupil and Student Standard of Living; |
|
— |
National Foundation for Civil Society Development; |
|
— |
National Foundation for Science, Higher Education and Technological Development of the Republic of Croatia; |
|
— |
National Centre for External Evaluation of Education; |
|
— |
National Council for Higher Education; |
|
— |
National Council for Science; |
|
— |
Official Gazette (Narodne novine d.d.); |
|
— |
educational/correctional institutes; |
|
— |
Educational institutions founded by the Republic of Croatia or units of local and regional self-government; |
|
— |
General hospitals; |
|
— |
Plovput d.o.o. (State-owned company in charge of safety of navigation); |
|
— |
Polyclinics; |
|
— |
Special hospitals; |
|
— |
Central Register of Insured Persons; |
|
— |
University Computing Centre; |
|
— |
Sports associations; |
|
— |
Sports federations; |
|
— |
Emergency medical treatment institutions; |
|
— |
Palliative care institutions; |
|
— |
Health care institutions; |
|
— |
Foundation of Police Solidarity; |
|
— |
Prisons; |
|
— |
Institute for the Restoration of Dubrovnik; |
|
— |
Institute for Seed and Seedlings; |
|
— |
Public health institutes; |
|
— |
Aeronautical Technical Centre (Zrakoplovno – tehnički centar d.d.); |
|
— |
County road administrations.’ |
To be integrated into Subsection 3, Utilities for points I (Production, Transport or Distribution of Electricity, II (Production, Transport or Distribution of Drinking Water), III (Urban Railway, Tramway, Trolleybus or Bus Service), IV (Maritime or Inland Port or other Terminal Facilities) V (Airport Installations), VI. (Transport or Distribution of Gas or Heat), and VII. (Rail Services):
‘Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No. 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity:
|
1. |
of transport and distribution of gas and thermal energy based on the Licence for carrying out energy activities in accordance with the Energy Act (Official Gazette 68/01, 177/04, 76/07, 152/08, 127/10); |
|
2. |
of construction (providing) of fixed networks or managing fixed networks for public service delivery in relation to the production, transmission and distribution of electric energy and supplying fixed networks with electric energy; such as the entities engaging in the said activities based on the Licence for carrying out energy activities in accordance with the Energy Act (Official Gazette 68/01, 177/04, 76/07, 152/08, 127/10); |
|
3. |
of construction (providing) of fixed networks or managing fixed networks for public service delivery in relation to the production, transmission and distribution of drinking water and supplying fixed networks with drinking water; such as the entities established by the local self-government units acting as the public supplier of water supply services or drainage services in accordance with the Waters Act (Official Gazette 153/09 and 130/11); |
|
4. |
of making available the networks or managing the networks for public railway transport services; |
|
5. |
of making available the networks or managing the networks for public services of urban railway, automated systems, tramway, bus, trolleybus and cable car (cableway) transport; such as the entities engaging in the said activities as a public service in accordance with the Utilities Act (Official Gazette 36/95, 70/97, 128/99, 57/00, 129/00, 59/01, 26/03, 82/04, 110/04, 178/04, 38/09, 79/09, 153/09, 49/11, 84/11, 90/11); |
|
6. |
relating to the exploiting of a geographical area with the aim of making available sea ports, river ports and other transport terminals to operators in sea or river transport; such as the entities engaging in the said activities based on the awarded concession in accordance with the Maritime Domain and Seaports Act (Official Gazette 158/03, 100/04, 141/06 and 38/09); |
|
7. |
relating to the exploiting of a geographical area with the aim of making available airports and other terminal equipment to air transport operators; such as the entities engaging in the said activities based on the awarded concession in accordance with the Airports Act (Official Gazette 19/98 and 14/11).’ |
ANNEX IX
(Appendix 2 of Annex XII to the Agreement)
MEDIA FOR PUBLICATION OF PROCUREMENT INFORMATION
To be integrated into Appendix 2 of Annex XII:
‘Croatia
|
— |
Laws, regulations, administrative decisions and judicial rulings: Narodne Novine’ |
