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Document 52015PC0501

Proposal for a COUNCIL DECISION establishing the position to be taken on behalf of the European Union within the Council for Trade in Services of the World Trade Organization to seek approval for preferential treatment going beyond market access to be unilaterally offered by the European Union to services and services suppliers of Least-Developed Countries on the basis of the LDC Services Waiver

COM/2015/0501 final - 2015/0240 (NLE)

Brussels, 14.10.2015

COM(2015) 501 final

2015/0240(NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be taken on behalf of the European Union within the Council for Trade in Services of the World Trade Organization to seek approval for preferential treatment going beyond market access to be unilaterally offered by the European Union to services and services suppliers of Least-Developed Countries on the basis of the LDC Services Waiver


EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

The proposed Council Decision is made in the context of the WTO Services Waiver for Least Developed Countries (LDCs). The Services Waiver 1 allows WTO Members to grant unilateral preferences on services to the LDCs and it requires acceptance by the Council for Trade in Services (CTS) of the notified preferences granted with respect to measures other than those described in Article XVI of the GATS (market access).

On 23 July 2015 the Commission adopted a proposal for a Council Decision 2 establishing the position of the Union within the Council for Trade in Services of the WTO on the acceptance of preferences notified by other WTO Members as regards services and service suppliers of Least-Developed Countries other than those described in Article XVI of the GATS (market acceess).

The proposed Council Decision establishes the position of the European Union in the CTS to be in a position to seek approval with regard to the preferential treatment going beyond market access the European Union intends to grant unilaterally to services and services suppliers of LDCs. 

The intended treatment to be accorded to LDCs was prepared on the basis of an approach expressed to WTO Members at a high-level meeting of the CTS on 5 February 2015 and a signal of intention to notify transmitted to the WTO on 30 July 2015.

Consistency with existing policy provisions in the policy area and other Union policies

At the Ninth WTO Ministerial Conference in Bali, which took place on 3-6 December 2013, the European Union joined the consensus on the adoption of a Decision on the operationalization of a Services Waiver for LDCs 3 . The EU is committed to the success of the upcoming Tenth Ministerial Conference of the WTO in Nairobi in December 2015 and to moving decisively forward the Doha Development Round negotiations and the implementation of the Bali outcome package, including the LDC elements. The proposed Council Decision is part of this Bali implementation process. 

Supporting the economic advancement of LDCs, through the preferences to be granted under the Waiver will contribute to the achievement of the objectives of the Treaty stating that the EU shall contribute to the harmonious development of world trade, define and pursue common policies to foster the sustainable development of developing countries 4 . This proposed notification will also be conducive to conclude a part of the Doha Development Agenda negotiations on services.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

The legal bases for the proposed Council Decision are Articles 91, 100 and the first subparagraph of Article 207(4), in conjunction with Article 218(9) of the Treaty on the functioning of the European Union (TFEU).

Article 218(9) of the TFEU provides that when an act having legal effects needs to be adopted in a body set up by an international agreement, the Council, on a proposal from the Commission or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt a decision establishing the position to be adopted on the Union’s behalf with respect to the adoption of this act in this body. While the notification of preferences that the Union intends to grant to LDCs does not have legal effects, it would include commitments going beyond market access which require approval in the CTS, for which this Article 218(9) Decision is appropriate. The envisaged preferences relate to obligations under the General Agreement on Trade in Services and may concern all service sectors, including transport services. Therefore, the proposed Decision falls within the scope of Articles 91, 100 and 207(4), first subparagraph, of the TFEU.

3.BUDGETARY IMPLICATIONS

The proposal has no budgetary implications.

2015/0240 (NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be taken on behalf of the European Union within the Council for Trade in Services of the World Trade Organization to seek approval for preferential treatment going beyond market access to be unilaterally offered by the European Union to services and services suppliers of Least-Developed Countries on the basis of the LDC Services Waiver

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular of Articles 91, 100 and the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)Article IX of the Marrakesh Agreement establishing the World Trade Organization (WTO) sets out the procedures for the granting of waivers concerning the Multilateral Trade Agreements in Annex 1A, 1B or 1C to that Agreements and their annexes.

(2)A waiver was requested whereby the WTO Members would be enabled to grant preferential treatment to services and service suppliers of Least-Developed Country Members without according the same treatment to like services and service suppliers of all other WTO Members by exceptionally derogating from the obligation under paragraph 1 of Article II of the General Agreement on Trade in Services (GATS). The Council adopted the position of the Union in support of the waiver by Council Decision of 14 December 2011 (2012/8/EU).

(3)The WTO Ministerial Decision of 17 December 2011 authorising WTO Members to grant such preferential treatment to services and service suppliers of Least-Developed Country Members for a period of 15 years, sets forth in paragraphs 1 and 2 (i) that Members according preferential treatment pursuant to this waiver shall submit a notification to the Council for Trade in Services (CTS) and (ii) that preferential treatment with respect to the application of measures other than those described in Article XVI of the GATS is subject to approval by the CTS in accordance with its procedures. The requirement of CTS approval with regard to those measures was restated in paragraph 1.3 of the WTO Ministerial Decision of 7 December 2013.

(4)By Council Decision of [] 2015 [] the position of the Union to accept preferences going beyond Article XVI GATS granted by other WTO Members to the services and service suppliers of Least-Developed Country Members was established.

(5)In addition to the acceptance of preferences granted by other WTO Members, it is in the interest of the development objectives of the European Union and is conducive to conclude a part of the Doha Development Agenda negotiations on services that the European Union seeks approval for the preferential treatment beyond market access that it intends to grant to the services and service suppliers of Least-Developed Country Members, with a special consideration of preferences granted regarding temporary stay of natural persons for the provision of services to create incentives for fulfilling readmission obligations under international law, implementing existing readmission agreements and concluding new ones, provided Least-Developed Country Members cooperate with the European Union on migration management,

HAS ADOPTED THIS DECISION:

Article 1

The Union will seek approval within the Council for Trade in Services of the WTO with regard to the preferential treatment that the Union intends to grant to services and service suppliers of Least-Developed Countries and specifically with regard to those preferences going beyond market access as set out in the Addendum to this Decision and in accordance with the WTO Ministerial Decisions of 17 December 2011 (WT/L/847) and 7 December 2013 (WT/L/918).

This position shall be expressed by the European Commission.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels,

   For the Council

   The President

(1) Waivers are permissions granted by the WTO General Council/Ministerial Conference to derogate temporarily from certain WTO obligations which are otherwise applicable.
(2) COM (2015)356.
(3) WT/L/918.
(4) Article 205 and 206 of the TFEU and Article 21 of the TEU.
Top

Brussels, 14.10.2015

COM(2015) 501 final

ANNEX

to the

Proposal for a Council Decision

establishing the position to be taken on behalf of the European Union within the Council for Trade in Services of the World Trade Organization to seek approval for preferential treatment going beyond market access to be unilaterally offered by the European Union to services and services suppliers of Least-Developed Countries on the basis of the LDC Services Waiver


ADDENDUM

THE EUROPEAN UNION's NOTIFICATION OF PREFERENTIAL TREATMENT IT INTENDS TO GRANT TO SERVICES AND SERVICES SUPPLIERS OF LEAST-DEVELOPED COUNTRIES

Notification to the Council for Trade in Services

The Permanent Mission of the European Union to the World Trade Organization in Geneva has the honour to notify to the World Trade Organization Council for Trade in Services the preferential treatment which the European Union intends to make available to services and services suppliers of Least-Developed Countries in accordance with the decision by Ministers at the WTO’s Eighth Ministerial Conference on Preferential Treatment to Services and Service Suppliers of Least-Developed Countries (WT/L/847), and the decision by Ministers at the WTO’s Ninth Ministerial Conference on Operationalization of the Waiver Concerning Preferential Treatment to Services and Services Suppliers of Least-Developed Countries (WT/L/918).

The preferential treatment is intended to be made in sectors and modes of supply that are of particular export interest to Least-Developed Countries, as set out in The Collective Request Pursuant to the Bali Decision on the Operationalization of the LDC Services Waiver Concerning Preferential Treatment to Services and Service Suppliers of Least Developed Countries (S/C/W/356). The European Union intends to maintain these preferences for the period of the Waiver, unless notification a contrario.

European Union

Schedule - Trade in Services

Headnotes

1.1 The EU maintains that the right to submit to a review (e.g. an authorisation and/or notification procedure) the direct or indirect acquisition and/or control of a company or firm or the establishment of a new company or firm on national security grounds, under existing or future legislation, will be preserved and does not require specific reservations in the offer.

1.2 For greater certainty, for the EU, the obligation to grant national treatment does not entail the requirement to extend to nationals or juridical persons of LDC Members the treatment granted in a Member State to the nationals and juridical persons of another Member State pursuant to the Treaty on the Functioning of the European Union, or to any measure adopted pursuant to that Treaty, including their implementation in the Member States. Such national treatment is granted only to legal persons of the LDC Members established in accordance with the law of another Member State and having their registered office, central administration or principal place of business in that Member State, including those legal persons established within the EU which are owned or controlled by nationals of the LDC Member.

1.3    The EU further reserves the right to make technical changes to this Schedule and to correct any errors, omissions or inaccuracies. This Schedule does not contain commitments on audio-visual services

1.4.    Nothing in this Schedule shall be construed to require the privatisation of public undertakings or to impose any obligation with respect to government procurement.

1.5.    The EU reserves the right to maintain or introduce any measures with respect to subsidies.

1.6.    Consistent with the provisions of this Schedule, the EU retains the right to regulate and to introduce new regulations to meet legitimate policy objectives.

1.7.    The EU is examining the interface between its regulatory framework on audit services and the EU's present and future international obligations. This process may lead to further modifications or clarification of this Schedule.

1.8.    Notwithstanding its obligation on market access, the EU may require that in the case of incorporation under its own law including the respective law of the individual Member States of the European Union, investors and service suppliers must adopt a specific legal form. To the extent that such requirement is applied in a non-discriminatory manner, it does not need to be specified in this Schedule in order to be maintained or adopted by the EU or its respective Member State.

1.9.    Nothing in this Schedule shall be construed to require the EU to compensate for inherent competitive disadvantages which result from the foreign character of the relevant services or services suppliers.

1.10.    This Schedule shall not apply to measures affecting natural persons seeking access to the employment market of the EU, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis. Nothing in this Schedule shall prevent the EU from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to LDC Members under the terms of a specific commitment.

1.11. This Schedule does not cover services relating to the use of nuclear energy for peaceful purposes.

2. Lists of commitments

2.1 The sectors liberalised by the EU pursuant to the Annexes and, by means of reservations, the market access and national treatment limitations applicable to services and service suppliers of LDC Members in those sectors, are set out in lists of commitments included in the Annexes

a.    List of commitments relating to commercial presence (Annex A)

b.    List of commitments relating to cross-border supply of services (Annex B)

c.    List of reservations relating to business visitors for establishment purposes, intra-corporate transferees and service sellers (Annex C)

d.    List of reservations relating to contractual services suppliers and independent professionals (Annex D)

3. Obligations concerning temporary presence of natural persons for business purposes.

3.1 Annex C and D specify commitments and measures by the EU concerning the entry into and temporary stay 1 within a Member State of the following categories of natural persons providing services, or except where otherwise indicated in the sector specific part of the annexes 2 .

For the purpose of Annex C and D:

3.2. Business visitors for establishment purposes ("BVEP") mean natural persons employed in a senior position within a juridical person of a LDC Member who are responsible for setting up an establishment. They do not offer or provide services or engage in any other economic activity than required for establishment purposes. They do not receive remuneration from a source located within the Member State concerned. The service provider has its principal place of business in the territory of a LDC Member and has no other representative office, branch or subsidiary in the Member State concerned.

For sectors committed under mode 3 and subject to any reservation inscribed under that mode, entry and temporary stay is permitted for a period of up to 90 days in any twelve month period.

3.3. Intra-corporate transferees ("ICT") mean natural persons who reside outside the territory of the Member States at the time of the application and who have been employed by a juridical person of a LDC Member or its branch or have been partners in it for at least one year immediately preceding the date of admission, and who are temporarily transferred in the context of the provision of a service through commercial presence in the territory of the Member State concerned. The natural person concerned must belong to one of the following categories:

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

directing the establishment or a department or sub-division thereof; and

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

having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions.

(b)Specialists: Persons working within a juridical person who possess specialised knowledge essential to the establishment’s production, research equipment, techniques, processes, procedures or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession.

(c)Graduate trainees: Persons who possess a university degree and are temporarily transferred for career development purposes or to obtain training in business techniques or methods. The recipient company in the EU may be required to submit a training programme covering the duration of the stay for prior approval, demonstrating that the purpose of the stay is for training.

For sectors committed under mode 3 and subject to any reservation inscribed under that mode entry and stay is limited to a maximum of three years in the case of Managers and Specialists, and to twelve months in the case of Graduate trainees.

3.4. Services sellers ("SeSe") mean natural persons who are representatives of a services supplier of a LDC Member seeking entry and temporary stay in the territory of a Member State for the purpose of negotiating the sale of services, or entering into agreements to sell services for that supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the Member State concerned, nor are they commission agents.

For sectors committed under modes 1, 2 and 3 and subject to any reservation inscribed under these modes entry and temporary stay is permitted for a period of up to 90 days in any twelve month period.

3.5. ‘Contractual services suppliers’ (CSS) mean natural persons employed by a juridical person of a LDC Member which itself is not an agency for placement and supply services of personnel nor acting through such an agency, has not established in the territory of a Member State and has concluded a bona fide contract to supply services with a final consumer in that Member State, requiring the presence on a temporary basis of its employees in that Member State, in order to fulfil the contract to provide services.

3.6. ‘Independent professionals’ (IP) mean natural persons engaged in the supply of a service and established as self-employed in the territory of a LDC Member who have not established in the territory of the Member States and who have concluded a bona fide contract other than through an agency for placement and supply services of personnel to supply services with a final consumer in a Member State, requiring their presence on a temporary basis in that Member State in order to fulfil the contract to provide services.

4. Contractual services suppliers and independent professionals

4.1.    Contractual services suppliers.  The EU shall allow the supply of services into the territory of its Member States by contractual services suppliers of the LDC Members through presence of natural persons, subject to the conditions specified below and in this schedule, in the following sub-sectors:

(1)    Legal advisory services in respect of international public law and foreign law (i.e. nonEU law)

(2)    Accounting and bookkeeping services

(3)    Taxation advisory services

(4)    Architectural services

(5)    Urban planning and landscape architecture services

(6)    Engineering services

(7)    Integrated Engineering services

(8)    Medical and dental services

(9)    Veterinary services

(10)    Midwives services

(11)    Services provided by nurses, physiotherapists and paramedical personnel

(12)    Computer and related services

(13)    Research and development services

(14)    Advertising services

(15)    Market Research and Opinion Polling

(16)    Management consulting services

(17)    Services related to management consulting

(18)    Technical testing and analysis services

(19)    Related scientific and technical consulting services

(20)    Maintenance and repair of equipment, including transportation equipment, notably in the context of an after-sales or after-lease services contract

(21)    Translation and interpretation services

(22)    Site investigation work

(23)    Higher education services (only privately-funded services)

(24)    Environmental services

(25)    Travel agencies and tour operators' services

(26)    Tourist guides services

The commitments undertaken by the EU are subject to the following conditions:

(a)    The natural persons must be engaged in the supply of a service on a temporary basis as employees of a juridical person, which has obtained a service contract for a period not exceeding twelve months.

(b)    The natural persons entering the EU must be offering such services as an employee of the juridical person supplying the services for at least the year immediately preceding the date of submission of an application for entry into the EU. In addition, the natural persons must possess, at the date of submission of an application for entry into the EU, at least three years professional experience 3 in the sector of activity which is the subject of the contract.

(c)    The natural persons entering the EU must possess

(i)    a university degree or a qualification demonstrating knowledge of an equivalent level 4 and

(ii)    professional qualifications where this is required to exercise an activity pursuant to the law, regulations or requirements of the EU applicable where the service is supplied.

(d)    The natural person shall not receive remuneration for the provision of services other than the remuneration paid by the contractual service supplier during its stay in the EU.

(e)    The temporary entry and stay of natural persons within the EU shall be for a cumulative period of not more than six months or, in the case of Luxemburg, twenty-five weeks, in any twelvemonth period or for the duration of the contract, whichever is less.

(f)    Access accorded under these provisions relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the EU where the service is provided.

(g)    The number of persons covered by the service contract shall not be larger than necessary to fulfil the contract, as it may be decided by the laws, regulations and requirements of the EU where the service is supplied.

(h)    Other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in this Schedule.

4.2.    Independent professionals. The EU shall allow the supply of services into the territory of its Member States by independent professionals of LDC Members, subject to the conditions specified below and in this Schedule, in the following sub-sectors:

(1)    Legal advisory services in respect of international public law and foreign law (i.e. nonEU law)

(2)    Architectural services

(3)    Urban planning and landscape architecture services

(4)    Engineering services

(5)    Integrated Engineering services

(6)    Computer and related services

(7)    Research and development services

(8)    Market Research and Opinion Polling

(9)    Management consulting services

(10)    Services related to management consulting

(11)    Translation and interpretation services.

The commitments undertaken by the EU are subject to the following conditions:

(a)    The natural persons must be engaged in the supply of a service on a temporary basis as selfemployed persons established in a LDC Member and must have obtained a service contract for a period not exceeding twelve months.

(b)    The natural persons entering the EU must possess, at the date of submission of an application for entry into the EU, at least six years professional experience in the sector of activity which is the subject of the contract.

(c)    The natural persons entering the EU must possess

(i)    a university degree or a qualification demonstrating knowledge of an equivalent level 5  and

(ii)    professional qualifications where this is required to exercise an activity pursuant to the law, regulations or requirements of the EU applicable where the service is supplied.

(d)    The temporary entry and stay of natural persons within the EU shall be for a cumulative period of not more than six months or, in the case of Luxembourg, twentyfive weeks, in any twelvemonth period or for the duration of the contract, whichever is less.

(e)    Access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the EU where the service is provided.

(f)    Other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Schedule.

5. For the purpose of this Schedule the following abbreviations are used:

AT    Austria

BE    Belgium

BG    Bulgaria

CY    Cyprus

CZ    Czech Republic

DE    Germany

DK    Denmark

EU    European Union, including all its Member States

ES    Spain

EE    Estonia

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



ANNEX A

LIST OF EU'S COMMITMENTS ON COMMERCIAL PRESENCE

(referred to in Headnote 2)

1.    The list of commitments below indicates the services liberalised by the EU pursuant to Headnote 2 above and, by means of reservations, the market access and national treatment limitations that apply to commercial presence of services and services suppliers of LDC Members in those services. The lists are composed of the following elements:

(a)    A first column indicating the sector or sub-sector in which the commitment is assumed by the EU, and the scope of liberalisation to which the reservations apply.

(b)    A second column describing the applicable reservations.

When the column referred to under (b) only includes EU reservations applicable in specific Member States , for Member States not mentioned therein the EU undertakes commitments in the sector concerned without reservations (the absence of EU reservations applicable in specific Member States in a given sector is without prejudice to horizontal reservations or to sectoral EU-wide reservations that may apply).

Sectors or sub-sectors not mentioned in the list below are not committed.

2.    In identifying individual sectors and sub-sectors:

(a)    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.

(b)    CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC ver 1.0, 1998.

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. 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 LDC Members.

4.    In accordance with Headnote 1.5., the list below does not include measures concerning subsidies granted by the EU and Member States.

5.    In accordance with Headnote 1.8. 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.


Sector or sub-sector

Description of reservations

ALL SECTORS

Real estate

In 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  6

ALL SECTORS

Public utilities

EU: Services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators. 7   8

ALL SECTORS

Types of establishment

EU: Treatment accorded to subsidiaries (of third country companies) formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the European Union is not extended to branches or agencies established in a Member State by a third country company.

In BG: Establishment of branches is subject to authorisation

In EE: At least one half of the members of the management board shall have their residence in the EU.

In 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 EU. For all sectors except telecommunications services, 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 organization 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 organization or a private person, who is not an EU Citizen. For telecommunications services, permanent residency for half of the founders and half of the members of the board of directors. If the founder is a juridical person, residence requirement for that juridical person.

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

In BG, PL: The scope of operations of a representative office may only encompass advertising and promotion of the foreign mother company represented by the office.

In PL: With the exception of financial services, unbound for branches. Non-EU 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).

In RO: The sole administrator or the chairman of the Board of Administration 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.

In SE: A foreign company, which has not established a legal entity in Sweden or is conducting its business through a commercial agent, shall conduct its commercial operations through a branch, registered in Sweden, with independent management and separate accounts. The managing director, and the vice-managing director if appointed, of the branch must reside in the EEA. A natural person not resident in the EEA, who conducts commercial operations in Sweden, shall appoint and register a resident representative responsible for the operations in Sweden. Separate accounts shall be kept for the operations in Sweden. The competent authority may in individual cases grant exemptions from the branch and residency requirements. Building projects with duration of less than a year - conducted by a company located or a natural person residing outside the EEA - are exempted from the requirements of establishing a branch or appointing a resident representative.

A Swedish limited liability company may be established by a natural person resident within the EEA, by a Swedish legal person or by a legal person that has been formed according to the legislation in a state within the EEA and that has its registered office, headquarters or principal place of business within the EEA. A partnership may be a founder, only if all owners with unlimited personal liability are resident within the EEA. Founders outside the EEA may apply for permission from the competent authority.

For limited liability companies and co-operative economic associations, at least 50 % of the members of the board of directors, at least 50% of the deputy board members, the managing director, the vice-managing director, and at least one of the persons authorised to sign for the company, if any, must reside within the EEA. The competent authority may grant exemptions from this requirement. If none of the company’s/society’s representatives reside in Sweden, the board must appoint and register a person resident in Sweden, who has been authorised to receive servings on behalf of the company/society.

Corresponding conditions prevail for establishment of all other types of legal entities.

In 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.

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

ALL SECTORS

Investment

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

In 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).

In 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:

- investments of less than 7.6 million Euros in French enterprises with a turnover not exceeding 76 million Euros are free, after a delay of 15 days following prior notification and verification that these amounts are met;

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

Foreign participation in newly privatized 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.

In 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 1000 employees or with a turnover exceeding 168 million Euros or with a balance sheet total exceeding 168 million Euros) is subject to confirmation by the Finnish authorities; the confirmation may be denied only if an important national interest would be jeopardized. These limitations do not apply to telecommunications services

In HU: Unbound for foreign participation in newly privatized companies

In IT: Exclusive rights may be granted or maintained to newlyprivatized companies. Voting rights in newly privatized 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.

ALL SECTORS

Geographical zones

In 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.

In ES: Full admission to the Bar, required for the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts. Only EEA or Swiss nationals may be admitted to the Bar, and are thus entitled to provide legal services in respect of domestic law.

1. BUSINESS SERVICES

A. Professional Services

a) Legal Services

(CPC 861)  9

(excluding legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, huissiers de justice or other officiers publics et ministériels)

In 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.

In BE: Quotas apply for appearing before the "Cour de cassation" in non-criminal cases.

In CY: Full admission to the Bar is subject to a nationality condition, coupled with a residency requirement. Only advocates enrolled in the Bar may be partners or shareholders or members of the Board of Directors in a law company in Cyprus.

In 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.

In FR: Lawyers' access to the profession of "avocat auprès de la Cour de Cassation" et "avocat auprès du Conseil d'Etat" is subject to quotas.

In 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 or be part of the management of a Danish law firm. Requirement of a Danish legal examination in order to obtain a Danish licence.

In 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 EU 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.

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

In PL: While other types of legal form are available for EU lawyers, foreign lawyers only have access to the legal forms of registered partnership and limited partnership. Legal advisory and legal representational services on tax matters shall only be performed by specific entities such as tax advisors, legal advisors and barristers – registered in Poland. Legal entities, can provide tax advisory only in the legal form of limited liability companies or joint stock companies, registered in Poland.

b) 1. Accounting and Bookkeeping Services

(CPC 86212 other than "auditing services", CPC 86213, CPC 86219 and CPC 86220)

In 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

In CY: Access is subject to economic needs test. Main criteria: the employment situation in the sub-sector.

In DK: In order to enter into partnerships with Danish authorised accountants, foreign accountants have to obtain permission from the Danish Commerce and Companies Agency.

b) 2. Auditing services

(CPC 86211 and 86212 other than accounting services)

In 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

In CY: Access is subject to economic needs test. Main criteria: the employment situation in the sub-sector.

In CZ and SK: At least 60 per cent of capital share or voting rights are reserved to nationals

In CZ: Only auditors approved in the Czech Republic may perform auditing services. In legal entities the majority of voting shares must belong to the auditors approved in the Czech Republic. The majority of persons in a statutory body must be of the auditors approved in the Czech Republic.

In DK: In order to enter into partnerships with Danish authorised accountants, foreign accountant have to obtain permission from the Danish Commerce and Companies Agency 

In 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.

In FI: Residency requirement for at least one of the auditors of a Finnish Liability company

In HR: None, except that auditing can be performed only by legal persons.

In 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 EU.

In LT: Not less than 75 per cent of shares should belong to EU auditors or auditing companies.

In SE: Statutory audit in listed companies and companies exceeding certain thresholds concerning turnover, total assets and number of employees must be performed by public auditors authorised in Sweden. Residency within the EEA or Switzerland is required for authorisation or approval. Only auditors approved in Sweden may perform statutory auditing services in certain legal entities, including in all limited companies, as well as of physical persons. Only auditors approved in Sweden, and registered public accounting firms, may be shareholders or form partnerships in companies which practice qualified auditing (for official purposes). Residency within the EEA or Switzerland is required for approval. The titles of “approved auditor” and “authorised auditor” may only be used by auditors approved or authorised in Sweden.

In SI: The share of foreign persons in auditing companies may not exceed 49 per cent of the equity. 

c) Taxation Advisory Services

(CPC 863)  10

In 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

In CY: Access is subject to economic needs test. Main criteria: the employment situation in the sub-sector.

In CZ: Taxation services may be provided by natural persons only who are registered in the list of the Chamber of Tax Consultants or in the Chamber of Auditors.

d) Architectural services

and

e) Urban planning and landscape architectural services

(CPC 8671 and CPC 8674)

In BG: For projects of national or regional significance, foreign investors have to act in partnership with or as subcontractors of local investors.

In CY: Unbound

In 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 are required.

In SK: Membership in relevant chamber is obligatory; membership in relevant foreign institutions may be recognised. Residency requirement, however exceptions might be considered.

f) Engineering services

and

g) Integrated engineering services

(CPC 8672 and CPC 8673)

In BG: For projects of national or regional significance, foreign investors have to act in partnership with or as subcontractors of local investors.

In CY: Unbound

h) Medical (including psychologists) and Dental services

(CPC 9312 and part of CPC 85201) 

In AT: Unbound except for dental services and for psychologists and psychotherapists, where: none

In DE: Economic needs test when medical doctors and dentists are authorized to treat members of public insurance schemes. Main criteria: shortage of doctors and dentists in the given region.

In CY, CZ, FI: Unbound

In FR: While other types of legal form are available for EU investors, foreign investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle".

In LV: Economic needs test. Main criteria: shortage of doctors and dentists in the given region.

In 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.

In SI: Unbound for social medicine, sanitary, epidemiological, medical/ecological services; the supply of blood, blood preparations and transplants; autopsy

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

i) Veterinary services

(CPC 932)

In AT, CY: Unbound

In CZ: Access is restricted to natural persons only.

In BG: Economic needs test. Main criteria: population and density of existing business

In HU: Economic needs test. Main criteria: labour market conditions in the sector

j) 1. Midwives services

(part of CPC 93191)

In BG, CY, CZ, FI, MT, SI: Unbound

In FR: While other types of legal form are available for EU investors, foreign investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle".

In LT: Economic needs test may be applied. Main criteria: employment situation in the sub-sector

j) 2. Services provided by Nurses, Physiotherapists and Paramedical Personnel

(part of CPC 93191)

In AT: Foreign investors are only allowed in the following activities: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians

In BG, CY, CZ, MT: Unbound

In FI, SI: Unbound for Physiotherapists and Paramedical Personnel

In FR: While other types of legal form are available for EU investors, foreign investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle".

In LT: Economic needs test may be applied. Main criteria: employment situation in the sub-sector

In LV: Economic needs test for foreign physiotherapists and paramedical personnel. Main criteria: employment situation in the given region.

k) Retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods

(CPC 63211)

and other services supplied by pharmacists  11

In AT, BG, CY, FI, MT, PL, RO, SE, SI: Unbound

In BE, DE, DK, EE, 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.

In ES: Access restricted to natural persons only. Monopoly for pharmacists of supply of pharmaceuticals to the general public. Establishment of new pharmacies is subject to an economic needs test.

B. Computer and Related Services

(CPC 84)

None



C. Research and Development Services 

a) R and D services on natural sciences

(CPC 851)

b) R and D services on Social Sciences and Humanities

(CPC 852 excluding psychologists services)  12

c) Interdisciplinary R and D services

(CPC 853)

EU: For publicly funded R and D services, exclusive rights and/or authorisations can only be granted to EU nationals and to EU juridical persons having their headquarters in the EU

D. Real Estate Services  13

a) Involving Own or Leased Property

(CPC 821)

None

b) On a Fee or Contract Basis

(CPC 822)

None

In CY: Unbound

E. Rental/Leasing Services without Operators

a) Relating to Ships

(CPC 83103)

In CY: Reservations on the maximum level of non-EU ownership in a ship.

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

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

b) Relating to Aircraft

(CPC 83104)

EU: Aircraft used by air carriers of the European Union have to be registered in the Member State licensing the air 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).

c) Relating to Other Transport Equipment

(CPC 83101, CPC 83102 and CPC 83105) 

None

d) Relating to Other Machinery and Equipment

(CPC 83106, CPC 83107, CPC 83108 and CPC 83109)

None

e) Relating to personal and household goods

(CPC 832)

In 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

f) Telecommunications equipment rental

(CPC 7541)

None

F. Other Business Services

a) Advertising

(CPC 871)

None

b) Market Research and Opinion Polling

(CPC 864)

None

c) Management Consulting Services

(CPC 865)

None

d) Services Related to Management Consulting

(CPC 866)

In HU: Unbound for arbitration and conciliation services (CPC 86602). 

e) Technical Testing and Analysis Services 

(CPC 8676)

None

In CY: Unbound for Chemists and Biologists

f) Advisory and Consulting services incidental to Agriculture, Hunting and Forestry

(part of CPC 881)

None

g) Advisory and Consulting Services Relating to Fishing

(part of CPC 882)

None

h) Advisory and Consulting Services incidental to Manufacturing

(part of CPC 884 and part of CPC 885)

None

i) Placement and Supply Services of Personnel

i) 1. Executive search

(CPC 87201)

In BG, CY, CZ, DE, EE, FI, HR, LV, LT, MT, PL, PT, RO, SK, SI: Unbound

In ES: Prior to the start of the activity, placement agencies are required to submit a sworn statement certifying the fulfilment of the requirements stated by the current legislation.

i) 2. Placement Services

(CPC 87202)

In AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, PT, RO, SK: Unbound

In BE, FR, IT: State monopoly

In DE: Authorisation is subject to an economic needs test. Main criteria: situation and development of the labour market

i) 3. Supply Services of office support personnel

(CPC 87203)

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

In IT: State monopoly

i) 4 Model agency Services

(part of CPC 87209)

None.

In CY: Unbound

j) 1. Investigation Services

(CPC 87301)

In BE, BG, CY, CZ, DE, ES, EE, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL,

PT, RO, SK, SI: Unbound

j) 2. Security Services

(CPC 87302, CPC 87303, CPC 87304 and CPC 87305)

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

In BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SI, SK: Licence may be granted only to nationals and to national registered organisations

In ES: The provision of security services by a foreign provider on a cross-border basis is not allowed. Nationality condition for natural and juridical persons and for private security personnel.

In HR: Unbound.

k) Related Scientific and Technical Consulting Services 

(CPC 8675)

In FR: Foreign investors require a specific authorisation for exploration and prospecting services

l) 1. Maintenance and repair of vessels

(part of CPC 8868)

None

l) 2. Maintenance and Repair of Rail Transport Equipment

(part of CPC 8868)

In LV: State monopoly

In SE: Economic needs tests apply when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints.

l) 3. 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)

In SE: Economic needs tests apply when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints

l) 4. Maintenance and Repair of Aircraft and parts thereof

(part of CPC 8868)

None

l) 5. Maintenance and Repair services of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods  14

(CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)

None

m) Building-Cleaning Services

(CPC 874)

None

n) Photographic Services

(CPC 875)

None

o) Packaging Services

(CPC 876)

None

p) Printing and Publishing

(CPC 88442)

In HR: Residency requirements for publisher and editorial board.

In LT, LV: Establishment rights in publishing sector granted only to nationally incorporated juridical persons (no branches)

In PL: Nationality requirement for the editor-in-chief of newspapers and journals

In SE: Natural persons who are owners of periodicals that are printed and published in Sweden must reside in Sweden or be citizens of the EEA. Owners of such periodicals who are juridical persons must be established in the EEA. Periodicals that are printed and published in Sweden, and technical recordings must have a responsible editor, who must be domiciled in Sweden.

q) Convention Services

(part of CPC 87909)

None

r) 1. Translation and Interpretation Services

(CPC 87905)

In DK: Authorisation for authorised public translators and interpreters may limit the scope of activity

In HR: Unbound for translation and interpretation services for/before Croatian courts.

In PL: Unbound for the supply of sworn interpretation services

In BG, HU, SK: Unbound for official translation and interpretation

r) 2. Interior Design and other Specialty Design Services

(CPC 87907)

None

r) 3. Collection Agency Services

(CPC 87902)

In IT, PT: Nationality condition for investors

In CZ: Unbound

r) 4. Credit reporting services

(CPC 87901)

In BE: For consumer credit databanks, nationality condition for investors

In IT, PT: Nationality condition for investors

r) 5. Duplicating services

(CPC 87904)  15

None

r) 6. Telecommunications consulting services

(CPC 7544)

None

r) 7. Telephone answering services

(CPC 87903)

None

2. COMMUNICATION SERVICES

A. Postal and Courier Services

(Services relating to the handling  16 of postal items  17 according to the following list of sub-sectors, whether for domestic or foreign destinations: (i) Handling of addressed written communications on any kind of physical medium  18 , including Hybrid mail service and Direct mail, (ii) Handling of addressed parcels and packages  19 , iii) Handling of addressed press products  20 , (iv) Handling of items referred to in (i) to (iii) above as registered or insured mail, (v) Express delivery services  21 for items referred to in (i) to (iii) above, vi) Handling of nonaddressed items, (vii) Document exchange  22

None  23

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  24 , plus the registered mail service used in the course of judicial or administrative procedures.)

(part of CPC 751, part of CPC 71235  25 and part of CPC 73210  26 )

B. Telecommunications Services

These services do not cover the economic activity consisting of the provision of content which requires telecommunications services for its transport

a) All services consisting of the transmission and reception of signals by any electromagnetic means  27 , excluding broadcasting  28  

None  29

b) Satellite broadcast transmission services  30

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 EU regulatory framework for electronic communications

In BE: Unbound

3. CONSTRUCTION AND RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518) 

In BG: For projects of national or regional significance, foreign investors have to act in partnership of as subcontractors of local investors

In CY: Unbound

4. DISTRIBUTION SERVICES

(excluding distribution of arms, munitions, explosives and other war material)

All sub-sectors mentioned below 

In 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 EU nationals and to EU juridical persons having their headquarters in the

EU.

In FI: Unbound for distribution of alcoholic beverages and wholesale of pharmaceutical products.

In HR: Unbound for distribution of tobacco products.

A. Commission Agents' Services

a) Commission Agents' Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof

(part of CPC 61111, part of CPC 6113 and part of CPC 6121 )

None

b) Other Commission Agents' Services

(CPC 621)

None

B. Wholesale Trade Services

a) Wholesale Trade Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof

(part of CPC 61111, part of CPC 6113 and part of CPC 6121 )

None

b) Wholesale Trade Services of telecommunication terminal equipment

(part of CPC 7542)

None

c) Other wholesale trade services

(CPC 622 excluding wholesale trade services of energy products  31 )

In FR, IT: State monopoly on tobacco

In FR: Authorisation of wholesale pharmacies is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies.

C. Retailing Services  32

Retailing Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof

(CPC 61112, part of CPC 6113 and part of CPC 6121 )

Retailing Services of telecommunication terminal equipment

(part of CPC 7542)

Food retailing services

(CPC 631)

(Retailing services of other (nonenergy) goods, except retail sales of pharmaceutical, medical and orthopaedic goods  33

(CPC 632 excluding CPC 63211 and 63297)

In IT: State monopoly on tobacco

In ES: State monopoly on tobacco. Establishment is subject to an EU nationality condition. Only natural persons (tobacconists) are permitted to provide retail services of tobacco products. Each tobacconist cannot obtain more than one license, and cannot have professional or employment relationship with any of the importers, manufacturers or wholesale distributors of tobacco products, unless such linkage ends before the final award of the license.

In 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.

In IE, SE: Unbound for the retail sale of alcoholic beverages

D. Franchising

(CPC 8929)

None

5. EDUCATIONAL SERVICES (only privately funded services) 

A. Primary Education Services

(CPC 921)

B. Secondary Education Services

(CPC 922)

C. Higher Education Services

(CPC 923)

D. Adult Education Services

(CPC 924)

EU: Participation of private operators in the education network is subject to concession

In AT: Unbound for higher education services. Unbound for education services for adults by means of radio or television broadcasting

In 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

In CZ, SK: Nationality condition for majority of members of the Board. Unbound for the supply of higher education services except for post-secondary technical and vocational education services (CPC 92310).

In CY, FI, MT, RO, SE: Unbound

In EL: Nationality condition for majority of members of the Board in primary and secondary schools. Unbound for higher education institutions granting recognised States diplomas

In 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

In HR: Unbound for Primary Education Services (CPC 921). For Secondary Education Services: None for legal persons.

In 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

In LV: Unbound for the supply of education services relating to technical and vocational secondary school-type education services for handicapped students

(CPC 9224)

In SI: Unbound for primary schools. Nationality condition for majority of members of the Board in secondary and high schools

E. Other education services

(CPC 929)

In 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

In CZ, SK: Participation of private operators in the education network is subject to concession. Nationality condition for majority of members of the Board

6. ENVIRONMENTAL SERVICES 

A. Waste Water Services

(CPC 9401)  34

B. Solid/hazardous waste management, excluding cross-border transport of hazardous waste

a) Refuse Disposal Services

(CPC 9402)

b) Sanitation and Similar Services

(CPC 9403)

C. Protection of ambient air and climate

(CPC 9404)  35

D. Remediation and clean up of soil and waters

a) Treatment, remediation of contaminated/polluted soil and water

(part of CPC 9406)  36

E. Noise and vibration abatement

(CPC 9405)

F. Protection of biodiversity and landscape

a) Nature and landscape protection services

(part of CPC 9406)

G. Other environmental and ancillary services

(CPC 9409)

None

7. FINANCIAL SERVICES

A. Insurance and insurance-related services

In 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.

In 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.

In 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.

In 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 EU, 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.

In IT: The authorisation of the establishment of branches is ultimately subject to the evaluation of supervisory authorities.

In BG, PL: Local incorporation (no branches) required for insurance intermediaries.

In 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 an EU Member State.

In SK: 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).

In SI: Foreign investors cannot participate in insurance companies under privatisation. Membership of the mutual insurance institution is limited to companies established in the Republic of Slovenia (no branches) and domestic natural persons. For providing consultancy and claim settlement services, incorporation is required as a legal entity (no branches). For sole proprietors, a residence in the Republic of Slovenia is required.

In SE: Insurance broking undertakings not incorporated in Sweden may establish only through a branch.

B. Banking and other financial services (excluding insurance)

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 Member State, is required to perform the activities of management of unit trusts and investment companies

In 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.

In 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)

In 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 EU. Exemption from these requirements may be granted by the competent authorities.

In 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.

In 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.

In 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 Member State of the European Union (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 Member State in accordance with the EU Investment Services Directive.

In 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 EU legislation, the trustee/ depository is required to be incorporated in Italy or in another Member State of the EU and established through a branch in Italy. Management companies of UCITS not harmonised under EU legislation are also required to be incorporated in Italy (no branches). Only banks, insurance companies, investment firms and companies managing

UCITS harmonised under EU legislation having their legal head office in the EU, as well as UCITS incorporated in Italy may carry out 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 Member State of the European Union. Representative offices of foreign intermediaries cannot carry out activities aimed at providing investment services.

In 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.

In PT: Pension fund management may be provided only by specialized 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 EU Member States (unbound for direct branching from non-EU countries).

In RO: Branches of foreign institutions are not allowed to provide asset management services

In SK: Investment services in the Slovak Republic can be provided by banks, investment companies, investment funds and security dealers which have legal form of jointstock company with equity capital according to the law (no branches).

In SI: Unbound for participation in banks under privatisation and for private pension funds (non-compulsory pension funds) 

In SE: A founder of a savings bank shall be a natural person resident in the EU.

8. HEALTH SERVICES AND SOCIAL SERVICES 

(only privately funded services)

A. Hospital Services

(CPC 9311)

B. Ambulance Services

(CPC 93192)

C. Residential health facilities other than hospital services

(CPC 93193)

D. Social Services

(CPC 933)

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.

In AT, SI: Unbound for ambulance services

In BG: Unbound for hospital services, for ambulance services and for residential health facilities other than hospital services

In CZ, FI, MT, PL, SE, SK: Unbound

In HU, SI: Unbound for social services

In 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

In 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

9. TOURISM AND TRAVEL RELATED SERVICES

A. Hotel, Restaurants and Catering

(CPC 641, CPC 642 and CPC 643)

excluding catering in air transport services  37

In BG: Incorporation is required (no branches)

In IT: Economic needs tests applied on bars, cafes and restaurants. Main criteria: population and density of existing establishments

In HR: Location in the protected areas of particular historic and artistic interest and within national or landscape parks is subject to approval by the Government of the Republic of Croatia which can be denied.

B. Travel Agencies and Tour Operators Services (including tour managers)

(CPC 7471)

In BG: Unbound for direct branching (incorporation is required)

In CY: Foreign service providers have to be represented by a resident Travel Office

In CZ: Economic needs test based on population criterion

In PT: Requirement of constitution of a commercial company having its corporate base in Portugal (unbound for branches)

C. Tourist Guides Services

(CPC 7472)

None

In CY: Nationality condition

10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audio-visual services)

A. Entertainment Services (including Theatre, Live Bands, Circus and Discotheque Services)

(CPC 9619)

In CY, CZ, FI, MT, PL, RO, SI, SK: Unbound

In 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)

In EE: Unbound for other entertainment services (CPC 96199) except for cinema theatre services

In LV: Unbound except for cinema theatre operation services (part of CPC 96199)

B. News and Press Agencies Services

(CPC 962)

In CZ: Unbound

In 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.

C. Libraries, archives, museums and other cultural services,

(CPC 963)

In 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

In AT, LT: Participation of private operators in the libraries, archives, museums and other cultural services' network is subject to concession or licence.

D. Sporting services

(CPC 9641) 

In AT, SI: Unbound for ski school services and mountain guide services

In BG, CY, CZ, EE, LV, MT, PL, RO, SK: Unbound

E. Recreation park and beach Services

(CPC 96491)

None

11. TRANSPORT

SERVICES

A. Maritime transport 

a) International passenger transportation

(CPC 7211 less national cabotage transport).

b) International freight transportation

(CPC 7212 less national cabotage transport)  38

In AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment

In BG: Unbound for direct branching (incorporation is required)

In BG, CY, DE, EE, ES, FR, FI, EL, IT, LT, LV, MT, PL, PT, RO, SI and SE: Feedering services by authorisation.

B. Internal Waterways Transport 

a) Passenger transportation

(CPC 7221)

b) Freight transportation

(CPC 7222)

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.

In 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: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment

In 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 managing board 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 EU citizens.

In BG: Unbound for direct branching (incorporation is required)

In FI: Services can be provided only by ships operating under the Finnish flag.

In HR: Unbound.



C. Rail Transport 

a) Passenger transportation

(CPC 7111)

b) Freight transportation

(CPC 7112)

In BG: Unbound for direct branching (incorporation is required)

In HR, LT: Unbound.

D. Road Transport 

a) Passenger Transportation

(CPC 7121 and CPC 7122)

In EU: Foreign investors cannot provide transport services within a Member State (cabotage), except for rental of nonscheduled services of buses with operator

In 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

In AT, BG: Exclusive rights and/or authorisation can only be granted to EU nationals and to EU juridical persons having their headquarters in the EU

In BG, CZ: Unbound for direct branching (incorporation is required)

In FI, LV: Authorisation required, not extended to foreign registered vehicles

In LV and SE: Requirement on established entities to use vehicles with national registration

In ES: Economic needs test for CPC 7122. Main criteria: Local demand

In 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

In 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

In FR : Unbound for intercity bussing services

b) Freight Transportation 

(CPC 7123, excluding transportation of mail on own account  39 ).

In AT, BG: Exclusive rights and/or authorisation can only be granted to EU nationals and to EU juridical persons having their headquarters in the EU

In BG, CZ: Unbound for direct branching (incorporation is required)

In ES: Unbound

In FI, LV: Authorisation required, not extended to foreign registered vehicles

In LV and SE: Requirement on established entities to use vehicles with national registration

In IT, SK: Economic needs test. Main criteria is local demand

E. Pipeline transport of goods other than fuel  40  

(CPC 7139)

AT: Exclusive rights can only be granted to EU nationals and to EU juridical persons having their headquarters in the EU

12. SERVICES AUXILIARY TO TRANSPORT  41

A. Services auxiliary to Maritime Transport 

a) Maritime Cargo Handling Services

b) Storage and warehousing Services

(part of CPC 742)

c) Customs Clearance Services

d) Container Station and Depot Services

e) Maritime Agency Services

f) Maritime Freight Forwarding Services

g) Rental of Vessels with Crew

(CPC 7213)

h) Pushing and towing services

(CPC 7214)

i) Supporting services for maritime transport

(part of CPC 745)

j) Other supporting and auxiliary services (including catering)

(part of CPC 749)

In 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: For pushing and towing services and for supporting services for maritime transport unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment

In 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

In BG: Unbound for direct branching (incorporation is required). Participation in Bulgarian companies is limited to 49 per cent. 

In CY: Unbound for rental of vessels with crew

In SI: Only juridical persons established in the Republic of Slovenia (no branches) can perform customs clearance

In FI: Pushing and towing services can be provided only by ships operating under the Finnish flag.

In 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.

In MT: Unbound for Customs Clearance Services 

B. Services auxiliary to internal waterways transport 

a) Cargo-handling services

(part of CPC 741)

b) Storage and warehouse services

(part of CPC 742)

c) Freight transport agency services

(part of CPC 748)

d) Rental of Vessels with Crew

(CPC 7223)

e) Pushing and towing services

(CPC 7224)

f) Supporting services for internal waterway transport

(part of CPC 745)

g) Other supporting and auxiliary services

(part of CPC 749)

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.

In 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: Unbound for pushing and towing services and supporting services for internal waterway transport.

In 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 managing board 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 EU citizens.

In BG: Unbound for direct branching (incorporation is required). Participation in Bulgarian companies is limited to 49 per cent

In HU: Participation of the State may be required in an establishment

In FI: Pushing and towing services can be provided only by ships operating under the Finnish flag.

In SI: Only juridical persons established in the Republic of Slovenia (no branches) can perform customs clearance.

.

In HR: Unbound.

C. Services auxiliary to rail transport

a) Cargo-handling services

(part of CPC 741)

b) Storage and warehouse services

(part of CPC 742)

c) Freight transport agency services

(part of CPC 748)

In BG: Unbound for direct branching (incorporation is required) Participation in Bulgarian companies is limited to 49 per cent

In CZ: Unbound for direct branching (incorporation is required)

In SI: Only juridical persons established in the Republic of Slovenia (no branches) can perform customs clearance

In HR: Unbound for pushing and towing services.

d) Pushing and towing services

(CPC 7113)

e) Supporting services for rail transport services

(CPC 743)

f) Other supporting and auxiliary services

(part of CPC 749)

D. Services auxiliary to road transport 

a) Cargo-handling services

(part of CPC 741)

b) Storage and warehouse services

(part of CPC 742)

c) Freight transport agency services

(part of CPC 748)

d) Rental of Commercial Road Vehicles with Operators

(CPC 7124)

e) Supporting services for road transport equipment

(CPC 744)

f) Other supporting and auxiliary services

(part of CPC 749)

In AT: For rental of commercial road vehicles with operators, authorisation can only be granted to EU nationals and to EU juridical persons having their headquarters in the EU

In BG: Unbound for direct branching (incorporation is required). Participation in Bulgarian companies is limited to 49 per cent

In FI: For rental of commercial road vehicles with operators, authorisation required, not extended to foreign registered vehicles

In HR: Unbound for Rental of Commercial Road Vehicles with Operators.    

In SI: Only juridical persons established in the Republic of Slovenia (no branches) can perform customs clearance

E. Services auxiliary to air transport services

a) Ground handling services (including catering)

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.

In HR: Unbound.

In BG: Unbound for direct branching (incorporation is required)

b) Storage and warehouse services

(part of CPC 742)

In BG: Unbound for direct branching (incorporation is required)

In 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

c) Freight transport agency services

(part of CPC 748)

In BG: Unbound for direct branching (incorporation is required)

In CZ: Unbound

In SI: Only juridical persons established in the Republic of Slovenia (no branches) can perform customs clearance

d) Rental of aircraft with crew

(CPC 734)

EU: Aircraft used by carriers of the European Union have to be registered in the EU Member State licensing the carrier or elsewhere in the EU and shall be subject to approval in accordance with the applicable European Union or national law on aviation safety. Waivers can be granted for short term lease contracts or under exceptional circumstances.

BG: Unbound for direct branching (incorporation is required)

e) Sales and Marketing

EU: Specific obligations for investors operating computer reservation systems that are owned or controlled by air carriers

BG: Unbound for direct branching (incorporation is required)

f) Computer Reservations System

EU: Specific obligations for investors operating computer reservation systems that are owned or controlled by air carriers

In BG: Unbound for direct branching (incorporation is required)

g) Airport management 

In BG: Unbound for direct branching (incorporation is required)

In PL: Foreign participation is limited to 49 per cent

F. Services auxiliary to pipeline transport of goods other than fuel  42

a) Storage and warehouse services of goods other than fuel transported by pipelines 

(part of CPC 742)

None

13. ENERGY SERVICES

A. Services Incidental to Mining 

(CPC 883)  43

None

In CY: Unbound

B. Pipeline Transportation of fuels 

(CPC 7131)

In 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

C. Storage and warehouse services of fuels transported through pipelines 

(part of CPC 742)

In PL: Investors from countries which are energy suppliers may be prohibited from obtaining control of the activity. Unbound for direct branching (incorporation is required).

D. Wholesale trade services of solid, liquid and gaseous fuels and related products

(CPC 62271)

and wholesale trade services of electricity, steam and hot water 

EU: Unbound for wholesale trade services of electricity, steam and hot water.

E. Retailing Services of motor fuel

(CPC 613)

F. Retail sales of fuel oil, bottled gas, coal and wood

(CPC 63297)

and retailing services of electricity, (non bottled) gas, steam and hot water 

EU: Unbound for retailing services of motor fuel, electricity, (non bottled) gas, steam and hot water

In 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 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

In CY: Unbound

G. Services incidental to energy distribution 

(CPC 887)

In 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

In SI: Unbound except for services incidental to the distribution of gas, where: none.

14. OTHER SERVICES NOT INCLUDED ELSEWHERE

a) Washing, Cleaning and Dyeing services

(CPC 9701)

None

b) Hairdressing services
(CPC 97021)

In CY: Unbound

In 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

c) Cosmetic treatment, manicuring and pedicuring services

(CPC 97022)

In 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

d) Other beauty treatment services n.e.c.

(CPC 97029)

In 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

e) Spa services and non therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or rehabilitation purposes  44  

(CPC ver. 1.0 97230)

None 

g) Telecommunications connection services

(CPC 7543)

None

ANNEX B

LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES

(referred to in Headnote 2)

1.    The list of commitments below indicates the services sectors liberalised by the EU pursuant to Headnote 2 above, and, by means of reservations, the market access and national treatment limitations that apply to services and services suppliers of LDC Members in those sectors. The list is composed of the following elements:

(a)    A first column indicating the sector or sub-sector in which the commitment is assumed by the EU, and the scope of liberalisation to which the reservations apply.

(b)    A second column describing the applicable reservations

When the column referred to under (b) only includes EU reservations applicable in specific Member State, for Member States not mentioned therein the EU undertakes commitments in the sector concerned without reservations (the absence of EU reservations applicable in specific Member States in a given sector is without prejudice to horizontal reservations or to sectoral EU-wide reservations that may apply).

Cross-border supply of services in sectors or sub-sectors and not mentioned in the list below is not committed.



2.    In identifying individual sectors and sub-sectors:

(a)    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.

(b)    CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC ver 1.0, 1998.

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. 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 service suppliers of LDC Members.

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.

5.    In accordance with Headnote 1. 5 the list below does not include measures concerning subsidies granted by the EU and Member States.

6.    In accordance with headnote 1.8. non-discriminatory requirements as regards the types of legal form of an service supplier are not included in the list below.

7.    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.





Sector or sub-sector

Description of reservations

ALL SECTORS

Real estate

For Modes 1 and 2

In 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  45

1. BUSINESS SERVICES

A. Professional Services

a) Legal Services

(CPC 861)  46

(excluding legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, huissiers de justice or other officiers publics et ministériels)

For Modes 1 and 2

In AT, CY, ES, EL, LT, MT, SK: Full admission to the Bar, required for the practice of domestic (EU and Member State) law, is subject to a nationality condition

In BE, LU, FI: Full admission to the Bar, required for legal representation services, is subject to a nationality condition, coupled with residency requirements.

In BE quotas apply for appearing before the "Cour de cassation" in non-criminal cases.

In 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.

In ES: Full admission to the Bar, required for the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts. Only EEA or Swiss nationals may be admitted to the Bar, and are thus entitled to provide legal services in respect of domestic law. Industrial property attorneys are subject to an EU nationality condition.

In FR: Lawyers' access to the profession of "avocat auprès de la Cour de Cassation" et "avocat auprès du Conseil d'Etat" is subject to quotas and to a nationality condition

In HR: Unbound for practicing of Croatian law.

In 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.

In LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved.

In 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.

In SE: Admission to the Bar, necessary only for the use of the Swedish title "advokat", is subject to a residency requirement.

b) 1. Accounting and Bookkeeping Services

(CPC 86212 other than "auditing services", CPC 86213, CPC 86219 and CPC 86220)

For Mode 1

In FR, HU, IT, MT, RO, SI: Unbound

In AT: Nationality condition for representation before competent authorities

In CY: Access is subject to economic needs test. Main criteria: the employment situation in the sub-sector.

In PL: Statutory audit activities may be carried out only by locally approved statutory auditors or audit firms

For Mode 2

None

b) 2. Auditing services

(CPC 86211 and 86212 other than accounting services)

For Mode 1

In BE, BG, CY, DE, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PT, RO, SI, UK: Unbound

In 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.)

In HR: Foreign audit firms may provide audit services on the Croatian territory where they have established a branch.

In SE: Statutory audit in listed companies and companies exceeding certain thresholds concerning turnover, total assets and number of employees must be performed by public auditors authorised in Sweden. Residency within the EEA or Switzerland is required for authorisation or approval. Only auditors approved in Sweden may perform statutory auditing services in certain legal entities, including in all limited companies, as well as of physical persons. Only auditors approved in Sweden, and registered public accounting firms, may be shareholders or form partnerships in companies which practice qualified auditing (for official purposes). Residency within the EEA or Switzerland is required for approval. The titles of “approved auditor” and “authorised auditor” may only be used by auditors approved or authorised in Sweden.

In LT: Auditor's report must be prepared in conjunction with an auditor accredited to practise in Lithuania

For Mode 2

None

c) Taxation Advisory Services

(CPC 863)  47

For Mode 1

In AT: Nationality condition for representation before competent authorities

In CY: Authorisation is subject to an economic needs test. Main criteria: the employment situation in the sub-sector. 

In CZ: Taxation services may be provided by natural persons only who are registered in the list of the Chamber of Tax Consultants or in the Chamber of Auditors.

In BG, MT, PL, RO and SI: Unbound

For Mode 2

None

d) Architectural services

and

e) Urban planning and landscape architectural services

(CPC 8671 and CPC 8674)

For Mode 1

In AT: Unbound except for planning services.

In BE, BG, CY, EL, IT, MT, PL, PT, SI: Unbound

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

In 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 recognized (validated) by an authorized natural or legal person in Croatia with regard to its compliance with Croatian Law. Unbound for urban planning.

In HU, RO: Unbound for landscape architectural services

For Mode 2

None

f) Engineering services; and

g) Integrated engineering services

(CPC 8672 and CPC 8673)

For Mode 1

In AT, SI: Unbound except for pure planning services.

In BG, CY, EL, IT, MT, PT: Unbound

In 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 recognized (validated) by an authorized natural or legal person in Croatia with regard to its compliance with Croatian Law.

For Mode 2

None

h) Medical (including Psychologists), and Dental services

(CPC 9312 and

part of CPC 85201) 

For Mode 1

In AT, BE, BG, CY, CZ, DE, DK, EE, ES, FI, FR, EL, IE, IT, LU, MT, NL, PT, RO, SK, UK: Unbound

In HR: Unbound, except for telemedicine.

In SI: Unbound for social medicine, sanitary, epidemiological, medical/ecological services, the supply of blood, blood preparations and transplants and autopsy.

For Mode 2

None

i) Veterinary services

(CPC 932)

For Mode 1

In AT, BE, BG, CY, DE, DK, EE, ES, FR, EL, HU, IE, IT, LV, LT, MT, NL, PT, RO, SI, SK: Unbound

In CZ: Access to natural persons only

In 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

j) 1. Midwives services

(part of CPC 93191)

j) 2. Services provided by Nurses, Physiotherapists and Paramedical Personnel

(part of CPC 93191)

For Mode 1

In 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

In FI, PL: Unbound except for nurses

In HR: Unbound, except for telemedicine.

For Mode 2

None

k) Retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods

(CPC 63211)

and other services supplied by pharmacists  48

For Mode 1

In AT, BE, BG, DE, CY, CZ, DK, ES, FI, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound

In LV, LT: Unbound except for mail order

In HU: Unbound except for CPC 63211

For Mode 2

None

B. Computer and Related Services

(CPC 84)

For Modes 1 and 2

None

C. Research and Development Services

a) R and D services on natural sciences

(CPC 851)

b) R and D services on Social Sciences and Humanities

(CPC 852 excluding psychologists services)  49

c) Interdisciplinary R and D services

(CPC 853)

For Modes 1 and 2

EU: For publicly funded R and D services, exclusive rights and/or authorisations can only be granted to EU nationals and to EU juridical persons having their headquarters in the EU

D. Real Estate Services  50

a) Involving Own or Leased Property

(CPC 821)

For Mode 1

In BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: Unbound

In HR: Commercial presence required.

For Mode 2

None

b) On a Fee or Contract Basis

(CPC 822)

For Mode 1

In BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: Unbound

In HR: Commercial presence required.

For Mode 2

None

E. Rental/Leasing Services without Operators

a) Relating to Ships

(CPC 83103)

For Mode 1

In BG, CY, DE, HU, MT, RO: Unbound

For Mode 2

None

b) Relating to Aircraft

(CPC 83104)

For Modes 1 and 2:

In BG, CY, CZ, HU, LV, MT, PL, RO, SK: Unbound

EU: Aircraft used by air carriers of the European Union have to be registered in the Member State licensing the air carrier or elsewhere in the European Union and shall be subject to approval in accordance with applicable European Union or national law on aviation safety.

c) Relating to Other Transport Equipment

(CPC 83101, CPC 83102 and CPC 83105) 

For Mode 1

In BG, CY, HU, LV, MT, PL, RO, SI: Unbound

In SE: Suppliers of rental or leasing services of cars and certain off-road vehicles (terrängmotorfordon) without a driver, rented or leased for a period of less than one year, are obliged to appoint someone to be responsible for ensuring, inter alia, that the business is conducted in accordance with applicable rules and regulations and that the road traffic safety rules are followed. The responsible person must reside in Sweden.

For Mode 2

None

d) Relating to Other Machinery and Equipment

(CPC 83106, CPC 83107, CPC 83108 and CPC 83109)

For Mode 1

In BG, CY, CZ, HU, MT, PL, RO, SK: Unbound

For Mode 2

None

e) Relating to personal and household goods

(CPC 832)

For Modes 1 and 2

In 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

In EE: Unbound except for leasing or rental services concerning pre-recorded video-cassettes for use in home entertainment equipment

f) Telecommunications equipment rental

(CPC 7541)

For Modes 1 and 2:

None.

F. Other Business Services

a) Advertising

(CPC 871)

For Modes 1 and 2:

None.

b) Market Research and Opinion Polling

(CPC 864)

For Modes 1 and 2:

None

c) Management Consulting Services

(CPC 865)

For Modes 1 and 2:

None.

d) Services Related to Management Consulting

(CPC 866)

For Modes 1 and 2:

In HU: Unbound for arbitration and conciliation services (CPC 86602).

e) Technical Testing and Analysis Services

(CPC 8676)

For Mode 1

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

In BG, CY, CZ, MT, PL, RO, SK, SE: Unbound

For Mode 2

In BG, CY, CZ, MT, PL, RO, SK, SE: Unbound

f) Advisory and Consulting services incidental to Agriculture, Hunting and Forestry

(part of CPC 881)

For Mode 1

In IT: Unbound for activities reserved to agronomist and "periti agrari"

In EE, MT, RO, SI: Unbound

For Mode 2

None

g) Advisory and Consulting Services Relating to Fishing

(part of CPC 882)

For Mode 1

In LV, MT, RO, SI: Unbound

For Mode 2

None

h) Advisory and Consulting Services incidental to Manufacturing

(part of CPC 884 and part of CPC 885)

For Modes 1 and 2

None.

i) Placement and Supply Services of Personnel

i) 1. Executive search

(CPC 87201)

For Mode 1

In AT, BG, CY, CZ, DE, EE, ES, FI, HR, IE, LV, LT, MT, PL, PT, RO, SK, SI, SE: Unbound

For Mode 2

In AT, BG, CY, CZ, DE, EE, ES, FI, HR, IE, LV, LT, MT, PL, PT, RO, SK, SI: Unbound

i) 2. Placement Services

(CPC 87202)

For Mode 1

In 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

In 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

i) 3. Supply Services of office support personnel

(CPC 87203)

For Mode 1

In AT, BG, CY, CZ, DE, EE, ES, FI, FR, IT, HR, IE, LV, LT, MT, NL, PL, PT, RO, SE, SK, SI: Unbound

For Mode 2

In AT, BG, CY, CZ, DE, EE, ES, FI, FR, IT, HR, IE, LV, LT, MT, NL, PL, PT, RO, SK, SI: Unbound

j) 1. Investigation Services

(CPC 87301)

For Modes 1 and 2

In 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

j) 2. Security Services

(CPC 87302, CPC 87303, CPC 87304 and CPC 87305)

For Modes 1 and 2

In HU: Unbound for CPC 87304, CPC 87305

In BE, BG, CY, CZ, ES, EE, FI, FR, HR, IT, LV, LT, MT, PT, PL, RO, SI, SK: Unbound

k) Related Scientific and Technical Consulting Services

(CPC 8675)

For Mode 1

In BE, BG, CY, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SI, UK: Unbound for exploration services

In 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

l) 1. Maintenance and repair of vessels

(part of CPC 8868)

For Mode 1

For maritime transport vessels: In BE, BG, CY, DE, DK, ES, FI, FR, HR, EL, IE, IT, LT, MT, NL, PL, PT, RO, SE, SI, UK: Unbound

For internal waterways transport vessels: EU: Unbound

For Mode 2

None

l) 2. Maintenance and Repair of Rail Transport Equipment

(part of CPC 8868)

For Mode 1

In 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

l) 3. 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)

For Modes 1 and 2

None

l) 4. Maintenance and Repair of Aircraft and parts thereof

(part of CPC 8868)

For Mode 1

In BE, BG, CY, CZ, DE, DK, ES, FI, FR, HR, EL, IE, IT, LT, LU, MT, NL, PT, RO, SK, SI, SE, UK: Unbound

For Mode 2

None

l) 5. Maintenance and Repair services of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods  51

(CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)

For Modes 1 and 2

None

m) Building-Cleaning Services

(CPC 874)

For Mode 1

In 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.

n) Photographic Services

(CPC 875)

For Mode 1

In BG, EE, MT, PL: Unbound for the supply of aerial photographic services

In HR, LV: Unbound for specialty photographic services (CPC 87504)

For Mode 2

None.

o) Packaging Services

(CPC 876)

For Modes 1 and 2

None

p) Printing and Publishing

(CPC 88442)

For Modes 1 and 2

None

In SE: Natural persons who are owners of periodicals that are printed and published in Sweden must reside in Sweden or be citizens of the EEA. Owners of such periodicals who are juridical persons must be established in the EEA. Periodicals that are printed and published in Sweden, and technical recordings must have a responsible editor, who must be domiciled in Sweden.

q) Convention Services

(part of CPC 87909)

For Modes 1 and 2

None

r) 1. Translation and Interpretation Services

(CPC 87905)

For Mode 1

In PL: Unbound for services of sworn interpreters

In HR: Unbound for official documents.

In HU, SK: Unbound for official translation and interpretation

For Mode 2

None

r) 2. Interior design and other specialty design services

(CPC 87907)

For Mode 1

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

For Mode 2

None

r) 3. Collection Agency Services

(CPC 87902)

For Modes 1 and 2

In 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

r) 4. Credit reporting services

(CPC 87901)

For Modes 1 and 2

In 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

r) 5. Duplicating services

(CPC 87904)  52

For Mode 1

In 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

r) 6. Telecommunications consulting services

(CPC 7544)

For Modes 1 and 2

None

r) 7. Telephone answering services

(CPC 87903)

For Modes 1 and 2

None

2. COMMUNICATION SERVICES

A. Postal and Courier Services

(Services relating to the handling  53 of postal items  54 according to the following list of sub-sectors, whether for domestic or foreign destinations: (i) Handling of addressed written communications on any kind of physical medium  55 , including Hybrid mail service and Direct mail, (ii) Handling of addressed parcels and packages  56 , iii) Handling of addressed press products  57 , (iv) Handling of items referred to in (i) to (iii) above as registered or insured mail, (v) Express delivery services  58 for items referred to in (i) to (iii) above, vi) Handling of nonaddressed items, (vii) Document exchange  59

For Modes 1 and 2

None  60



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  61 , plus the registered mail service used in the course of judicial or administrative procedures.) 

(part of CPC 751, part of CPC 71235  62 and part of CPC 73210  63 )

B. Telecommunications Services

(These services do not cover the economic activity consisting of the provision of content which requires telecommunications services for its transport)

a) All services consisting of the transmission and reception of signals by any electromagnetic means  64 , excluding broadcasting  65  

For Modes 1 and 2

None



b) Satellite broadcast transmission services  66

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 EU regulatory framework for electronic communications

In BE: Unbound

3. CONSTRUCTION AND RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518) 

For Modes 1 and 2

None

4. DISTRIBUTION SERVICES

(excluding distribution of arms, munitions, explosives and other war material)

A. Commission Agents' Services

a) Commission Agents' Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof

(part of CPC 61111, part of CPC 6113 and part of CPC 6121) 

b) Other Commission Agents' Services

(CPC 621)

B. Wholesale Trade Services

a) Wholesale Trade Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof

(part of CPC 61111, part of CPC 6113 and part of CPC 6121 )

b) Wholesale Trade Services of telecommunication terminal equipment

(part of CPC 7542)

c) Other wholesale trade services

(CPC 622 excluding wholesale trade services of energy products  67 )

C. Retailing Services  68

Retailing Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof

(CPC 61112, part of CPC 6113 and part of CPC 6121)

Retailing Services of telecommunication terminal equipment

(part of CPC 7542)

Food retailing services

(CPC 631)

Retailing services of other (nonenergy) goods, except retail sales of pharmaceutical, medical and orthopaedic goods  69

(CPC 632 excluding CPC 63211 and 63297)

D. Franchising

(CPC 8929)

For Modes 1 and 2

EU: Unbound for distribution of chemical products, of precious metals (and stones).

In AT: Unbound for distribution of pyrotechnical goods, of ignitable articles and blasting devices and of toxic substances.

In AT, BG: Unbound for distribution of products for medical use such as medical and surgical devices, medical substances and objects for medical use.

In ES: State monopoly on retail sales of tobacco. Establishment is subject to an EU nationality. Distance selling, mail order or similar procedures for retail sale or supply of tobacco is prohibited.

In HR: Unbound for tobacco products.

For Mode 1

In AT, BG, PL, RO: Unbound for distribution of tobacco and tobacco products.

In IT: For wholesale trade services, state monopoly on tobacco

In BG, FI, PL, RO: Unbound for distribution of alcoholic beverages

In SE: Unbound for retail distribution of alcoholic beverages

In AT, BG, CZ, FI, RO, SK, SI: Unbound for distribution of pharmaceuticals,

In BG, HU, PL: Unbound for commodity brokers' services.

In 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

In MT: Unbound for commission agents' services

In 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.

5. EDUCATIONAL SERVICES (only privately-funded services) 

A. Primary Education Services

(CPC 921)

For Mode 1

In BG, CY, FI, FR, HR, IT, MT, RO, SE, SI: Unbound

For Mode 2

In CY, FI, HR, MT, RO, SE, SI: Unbound

B. Secondary Education Services

(CPC 922)

For Mode 1

In BG, CY, FI, FR, HR, IT, MT, RO, SE: Unbound

For Mode 2

In CY, FI, MT, RO, SE: Unbound

For Modes 1 and 2

In LV: Unbound for education services relating to technical and vocational secondary school-type education services for handicapped students (CPC 9224) 

C. Higher Education Services

(CPC 923)

For Mode 1

In AT, BG, CY, FI, FR, IT, MT, RO, SE: Unbound

For Mode 2

In AT, BG, CY, FI, MT, RO, SE: Unbound

For Modes 1 and 2

In CZ, SK: Unbound for higher education services, except post-secondary technical and vocational education services (CPC 92310)

D. Adult Education Services

(CPC 924)

For Modes 1 and 2

In AT: Unbound for adult education services by means of radio or television broadcasting.

In CY, FI, MT, RO, SE: Unbound.

E. Other education services

(CPC 929)

For Modes 1 and 2

In 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.

For Mode 1

In HR: None for correspondence education or education via telecommunications.



6. ENVIRONMENTAL SERVICES

A. Waste Water Services

(CPC 9401)  70

B. Solid/hazardous waste management, excluding crossborder transport of hazardous waste

a) Refuse Disposal Services

(CPC 9402)    

b) Sanitation and Similar Services

(CPC 9403)

C. Protection of ambient air and climate

(CPC 9404)  71

D. Remediation and clean-up of soil and waters

a) Treatment, remediation of contaminated/polluted soil and water

(part of CPC 94060)  72

E. Noise and vibration abatement

(CPC 9405)

F. Protection of biodiversity and landscape

a) Nature and landscape protection services

(part of CPC 9406)

G. Other environmental and ancillary services

(CPC 94090)

For Mode 1

EU: Unbound except for consulting services

For Mode 2

None

7. FINANCIAL SERVICES

A. Insurance and insurance-related services

For Modes 1 and 2

In 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:

i) Maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and

ii) goods in international transit

In AT: Promotional activity and intermediation on behalf of a subsidiary not established in the EU 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 EU 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 EU or by a branch not established in Austria. Exception from the higher tax can be granted.

In DK: Compulsory air transport insurance can be underwritten only by firms established in the EU. 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.

In DE: Compulsory air insurance policies can be underwritten only by a subsidiary established in the EU 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.

In FR: Insurance of risks relating to ground transport may be carried out only by insurance firms established in the EU.

In PL: Unbound for reinsurance and retrocession except for risks relating to goods in international trade.

In PT: Air and maritime transport insurance, covering goods, aircraft, hull and liability can be underwritten only by firms established in the EU; only persons or companies established in the EU may act as intermediaries for such insurance business in Portugal.

In RO: Reinsurance on international market is allowed only if the reinsured risk cannot be placed on the domestic market

In ES: For actuarial services, residence requirement and three-year relevant experience.

For Mode 1

In 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:

   

i) Maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and

ii) goods in international transit

In 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.

In CY, LV, MT: Unbound for direct insurance services except for insurance of risks relating to:

i) Maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising herefrom; and

ii) goods in international transit

In LT: Unbound for direct insurance services except for insurance of risks relating to:

i) Maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and

ii) goods in international transit, except related to land transport where the risk is located in Lithuania

In BG, LV, LT, PL: Unbound for insurance intermediation

In FI: Only insurers having their head-office in the EU 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 EU.

In HR: Unbound for direct insurance and direct insurance intermediation services, except

a) life insurance: for the supply of life insurance to foreign persons residing in Croatia;

b) non-life insurance: for the supply of non-life insurance to foreign persons residing in Croatia other than automobile liability

c) marine, aviation, transport.

In HU: The supply of direct insurance in the territory of Hungary by insurance companies not established in the EU is allowed only through a branch office registered in Hungary.

In 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 EU. This reservation does not apply for international transport involving imports into Italy.

In 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.

For Mode 2

In 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

In 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.

In HR: Unbound for direct insurance and direct insurance intermediation services, except

a) life insurance: for the ability of foreign persons residing in Croatia to obtain life insurance;

b) non-life insurance:

   (i) for the ability of foreign persons residing in Croatia to obtain non-life insurance other than automobile liability;

   (ii) - personal or property risk insurance that is not available in the Republic of Croatia; - companies purchasing insurance    abroad in connection with investment works abroad including the equipment for those works; - for ensuring the return of    foreign loans (collateral insurance); - personal and property insurance of wholly-owned enterprises and joint ventures which    perform an economic activity in a foreign country, if it is in accordance with the regulations of that country or it is required by    its registration; - ships under construction and overhaul if it is stipulated by the contract concluded with the foreign client    (buyer);

c) marine, aviation, transport.

In 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 EU. This reservation does not apply for international transport involving imports into Italy.

B. Banking and other financial services (excluding insurance)

For Mode 1

In 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

In BE: Establishment in Belgium is required for the provision of investment advisory services.

In BG: Limitations and conditions relating to the use of telecommunications network may apply.

In 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

In 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.

In 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 EU can act as depositories of the assets of investment funds.

In 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.

In 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 EU can act as depositories of the assets of investment funds.

In IE: The provision of investment services or investment advice requires either (I) authorisation in Ireland, which normally requires that the entity be incorporated or be a partnership or a sole trader, in each case with a head/registered office in Ireland (authorisation may not be required in certain cases, e.g. where a third country service provider has no commercial presence in Ireland and the service is not provided to private individuals), or (II) authorisation in another Member State in accordance with the EU Investment Services Directive.

In IT: Unbound for "promotori di servizi finanziari" (financial salesmen).

In 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

In LT: Commercial presence is required for pension fund management

In 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

In 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.

In 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.

In SI:

(i)    Participation in issues of Treasury bonds, pension fund management: Unbound.

(ii)    All other sub-sectors, except participation in issues of Treasury bonds, pension fund management, provision and transfer of financial information and advisory and other auxiliary financial services: Unbound except accepting credits (borrowing of all types), and accepting guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors. Foreign persons can only offer foreign securities through domestic banks and stock broking company. Members of the Slovenian Stock Exchange must be incorporated in the Republic of Slovenia or be branches of foreign investment firms or banks.

For Mode 2

In BG: Limitations and conditions relating to the use of telecommunications network may apply.

In 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.

8. HEALTH SERVICES AND SOCIAL SERVICES

(only privately-funded services)

A. Hospital Services

(CPC 9311)

C. Residential health facilities other than hospital services

(CPC 93193)

For Mode 1

In 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

D. Social Services

(CPC 933)

For Mode 1

In 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

In BE: Unbound for social services other than convalescent and rest houses and old people's homes

9. TOURISM AND TRAVEL RELATED SERVICES

A. Hotel, Restaurants and Catering

(CPC 641, CPC 642 and CPC 643)

excluding catering in air transport services  73

For Mode 1

In 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.

In HR: Unbound.

For Mode 2

None

B. Travel Agencies and Tour Operators Services

(including tour managers)

(CPC 7471)

For Mode 1

In BG, HU: Unbound

In CY: Foreign service providers have to be represented by a resident Travel Office

For Mode 2

None

C. Tourist Guides Services

(CPC 7472)

For Mode 1

In BG, CY, CZ, HU, IT, LT, MT, PL, SK, SI: Unbound.

For Mode 2

None

10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audio-visual services)

A. Entertainment Services (including Theatre, Live Bands, Circus and Discotheque Services) 

(CPC 9619)

For Mode 1

In 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

In CY, CZ, FI, HR, MT, PL, RO, SK, SI: Unbound

In 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)

In EE: Unbound for other entertainment services (CPC 96199), except for cinema theatre services

In LT, LV: Unbound, except for cinema theatre operation services (part of CPC 96199)

B. News and Press Agencies Services

(CPC 962)

For Modes 1 and 2

None

In CZ: Unbound

C. Libraries, archives museums and other cultural services

(CPC 963)

For Mode 1

In 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

In 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

D. Sporting services

(CPC 9641)

For Modes 1 and 2

AT: Unbound for ski school services and mountain guide services.

In BG, CZ, HR, LV, MT, PL, RO, SK: Unbound

For Mode 1

In CY, EE: Unbound

E. Recreation park and beach Services

(CPC 96491)

For Modes 1 and 2

None

11. TRANSPORT

SERVICES

A. Maritime transport

a) International passenger transportation

(CPC 7211 less national cabotage transport).

b) International freight transportation

(CPC 7212 less national cabotage transport)  74

For Modes 1 and 2

In BG, CY, DE, EE, ES, FR, FI, EL, IT, LT, LV, MT, PL, PT, RO, SI and SE: Feedering services by authorisation.

B. Internal Waterways Transport

a) Passenger transportation

(CPC 7221) 

b) Freight transportation

(CPC 7222)

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.

In 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 managing board 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 EU citizens.

In BG, CY, CZ, EE, FI, HR, HU, LT, MT, RO, SE, SI, SK: Unbound

C. Rail Transport

a) Passenger transportation

(CPC 7111)

b) Freight transportation

(CPC 7112)

For Mode 1

EU: Unbound

For Mode 2

None.

D. Road Transport

a) Passenger Transportation

(CPC 7121 and CPC 7122) 

b) Freight Transportation

(CPC 7123, excluding transportation of mail on own account  75 ).

For Mode 1

EU: Unbound.

For Mode 2

None

E. Pipeline transport of goods other than fuel  76

(CPC 7139)

For Mode 1:

EU: Unbound.

For Mode 2:

In 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

12. SERVICES AUXILIARY TO TRANSPORT  77

A. Services auxiliary to Maritime Transport

a) Maritime Cargo Handling Services

b) Storage and warehousing Services

(part of CPC 742) 

c) Customs Clearance Services

d) Container Station and Depot Services

e) Maritime Agency Services

f) Maritime freight forwarding Services

g) Rental of Vessels with Crew

(CPC 7213)

h) Pushing and towing services

(CPC 7214)

i) Supporting services for maritime transport

(part of CPC 745)

j) Other supporting and auxiliary services

(part of CPC 749)

For Mode 1:

EU: Unbound for customs clearance services and for container station and depot services

In AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for maritime cargo handling services

In AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for storage and warehousing services

In AT, BE, CY, DE, DK, ES, EE, FI, FR, EL, IE, IT, MT, NL, PL, PT, SI, SE, UK: Unbound for pushing and towing services

In AT, BG, CY, CZ, DE, EE, HU, LT, MT, PL, RO, SK, SI, SE: Unbound for rental of vessels with crew

In HR: Unbound except for freight transport agency services.

For Mode 2:

None

B. Services auxiliary to internal waterways transport

a) Cargo-handling services

(part of CPC 741)

b) Storage and warehouse services

(part of CPC 742)

c) Freight transport agency services

(part of CPC 748)

d) Rental of Vessels with Crew

(CPC 7223)

e) Pushing and towing services

(CPC 7224)

f) Supporting services for internal waterway transport

( part of CPC 745)

g) Other supporting and auxiliary services

(part of CPC 749)

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) 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 pushing and towing services

In HR: Unbound.

For Mode 1

In AT, BG, CY, CZ, DE, EE, FI, HU, LV, LT, MT, RO, SK, SI, SE: Unbound for rental of vessels with crew

C. Services auxiliary to rail transport

a) Cargo-handling services

(part of CPC 741)

b) Storage and warehouse services

(part of CPC 742)

c) Freight transport agency services

(part of CPC 748)

d) Pushing and towing services

(CPC 7113)

e) Supporting services for rail transport services

(CPC 743)

f) Other supporting and auxiliary services

(part of CPC 749)

For Mode 1

EU: Unbound for pushing and towing services

In HR: Unbound, except for freight transport agency services.

In CZ: No direct branching (incorporation is required)

For Mode 2

None

D. Services auxiliary to road transport

a) Cargo-handling services

(part of CPC 741)

b) Storage and warehouse services

(part of CPC 742)

c) Freight transport agency services

(part of CPC 748)

For Mode 1

In AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: Unbound for Rental of Commercial Road Vehicles with Operators

In HR: Unbound except for freight transport agency services and supporting services for road transport.

For Mode 2

None

d) Rental of Commercial Road Vehicles with Operators

(CPC 7124)

e) Supporting services for road transport

(CPC 744)

f) Other supporting and auxiliary services

(part of CPC 749)

E. Services auxiliary to air transport services

a) Ground-handling services (including catering services)

For Modes 1 and 2

EU: Unbound except for catering

b) Storage and warehouse services

(part of CPC 742)

For Modes 1 and 2

None.

c) Freight transport agency services

(part of CPC 748)

For Modes 1 and 2

None

In CZ: Unbound

d) Rental of aircraft with crew

(CPC 734)

For Modes 1 and 2

EU: Aircraft used by air carriers of the European Union have to be registered in the Member States licensing the air carrier or elsewhere in theEuropean Union and shall be subject to approval in accordance with applicable European Union or national law on aviation safety. Waivers can be granted for short term lease contracts or under exceptional circumstances.

In HR: Unbound.

e) Sales and Marketing

f) Computer Reservations System

For Modes 1 and 2

EU: Specific obligations for service suppliers operating computer reservation systems that are owned or controlled by air carriers.

g) Airport management

For Mode 1

EU: Unbound

For Mode 2

None

F. Services auxiliary to pipeline transport of goods other than fuel  78

a) Storage and warehouse services of goods other than fuel transported by pipelines,

(part of CPC 742)

For Mode 1:

In 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

13. ENERGY SERVICES

A. Services Incidental to Mining

(CPC 883)  79  

For Modes 1 and 2

None

B. Pipeline Transportation of fuels

(CPC 7131)

For Mode 1:

EU: Unbound.

For Mode 2:

In 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

C. Storage and warehouse services of fuels transported through pipelines

(part of CPC 742)

For Mode 1:

In 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

D. Wholesale trade services of solid, liquid and gaseous fuels and related products

(CPC 62271)

and wholesale trade services of electricity, steam and hot water

For Mode 1:

EU: Unbound for wholesale trade services of electricity, steam and hot water

For Mode 2

None

E. Retailing Services of motor fuel

(CPC 613)

For Mode 1:

EU: Unbound

For Mode 2

None

F. Retail sales of fuel oil, bottled gas, coal and wood

(CPC 63297)

and retailing services of electricity, (non bottled) gas, steam and hot water

For Mode 1:

EU: Unbound for retailing services of electricity, (non bottled) gas, steam and hot water

In 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

G. Services incidental to energy distribution

(CPC 887)

For Mode 1:

EU: Unbound except for consultancy services where: none

For Mode 2

None

14. OTHER SERVICES NOT INCLUDED ELSEWHERE

a) Washing, Cleaning and Dyeing services

(CPC 9701)

For Mode 1:

EU: Unbound

For Mode 2

None

b) Hairdressing services
(CPC 97021)

For Mode 1:

EU: Unbound

For Mode 2

None.

c) Cosmetic treatment, manicuring and pedicuring services

(CPC 97022)

For Mode 1:

EU: Unbound

For Mode 2

None

d) Other beauty treatment services n.e.c

(CPC 97029)

For Mode 1:

EU: Unbound

For Mode 2

None

e) Spa services and non therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or rehabilitation purposes  80

(CPC ver. 1.0 97230)

For Mode 1:

EU: Unbound

For Mode 2

None

g) Telecommunications connection services (CPC 7543)

For Modes 1 and 2

None

ANNEX C

RESERVATIONS ON BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES, INTRA-CORPORATE TRANSFEREES AND SERVICE SELLERS

(referred to in Headnote 2 and 3 above)

1.    The list of reservations below indicates the services liberalised by the EU pursuant to Headnote 2 for which limitations on business visitors for establishment purposes, intra-corporate transferees and service sellers in accordance with Headnote 3 apply and specifies such limitations. The lists are composed of the following elements:

(a)    A first column indicating the sector or sub-sector in which limitations apply.

(b)    A second column describing the applicable limitations.

When the column referred to under (b) only includes EU reservations applicable in specific Member States, for Member States not mentioned therein the EU undertakes commitments in the sector concerned without reservations (the absence of EU reservations applicable in specific Member States in a given sector is without prejudice to horizontal reservations or to sectoral EU-wide reservations that may apply).

The EU does not undertake any commitment for business visitors for establishment purposes, intra-corporate transferees or service sellers in services which are not liberalised (remain unbound) pursuant to Headnote 2.

2.    In identifying individual sectors and sub-sectors:

(a)    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.

(b)    CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC ver 1.0, 1998.

3.    Commitments on business visitors for establishment purposes, intra-corporate transferees or service sellers 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 market access or a national treatment limitation 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 business visitors for establishment purposes, intra-corporate transferees or service sellers of the LDC Members investors.

5.    In accordance with Headnote 1.5 above, the list below does not include measures concerning subsidies granted by the EU and Member States.

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 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.







Sector or sub-sector

Description of reservations

ALL SECTORS

Graduate trainees

In AT, DE, FR, ES, HU, LT, SK, training must be linked to the university degree which has been obtained.

Economic needs test

BG, HU: Economic needs test is required for graduate trainees

ALL SECTORS

Scope of intra-corporate transfers

In BG: The number of intra-corporate transferees is not to exceed 10 per cent of the average annual number of the EU 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.

In HU: Unbound for natural persons who have been a partner in a juridical person of a LDC Member.

ALL SECTORS

Managing directors and auditors

In 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.

In FI: A foreigner carrying on trade as private entrepreneur needs a trade permit and has to be permanently resident in the EU. 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.

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

In RO: The majority of the commercial companies' auditors and their deputies shall be Romanian citizens

In SE: The managing director of a juridical persons or a branch shall reside in Sweden

ALL SECTORS

Recognition

In EU: EU directives on mutual recognition of diplomas only apply to EU nationals. The right to practise a regulated professional service in one Member State does not grant the right to practise in another Member State  81

1. BUSINESS SERVICES

A. Professional Services

a) Legal Services

(CPC 861)  82

(excluding legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, huissiers de justice or other officiers publics et ministériels)

In AT, ES, EL, LT, MT, PL, RO, SK: Full admission to the Bar, required for the practice of domestic (EU and Member State) law, is subject to a nationality condition. For ES, the competent authorities may grant waivers.

.

In BE, CY, FI, LU: Full admission to the Bar, required for legal representation services, is subject to a nationality condition, coupled with residency requirements.

In BE quotas apply for appearing before the "Cour de cassation" in non-criminal cases.

In ES: Full admission to the Bar, required for the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts. Only EEA or Swiss nationals may be admitted to the Bar, and are thus entitled to provide legal services in respect of domestic law. Industrial property attorneys are subject to an EU nationality condition.

In HR: Full admission to the Bar, required for legal representation services, is subject to a nationality condition.

In 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.

In FR: Lawyers' access to the profession of "avocat auprès de la Cour de Cassation" et "avocat auprès du Conseil d'Etat" is subject to quotas and to a nationality condition

In 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 has to take place on the basis of a collaboration contract concluded with a Hungarian attorney or law firm.

In LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved.

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

In LU: Nationality condition for the supply of legal services in respect of Luxembourg and EU law.

In SE: Admission to the Bar, necessary only for the use of the Swedish title "advokat", is subject to a residency requirement.

In SI: Representing clients before the court against payment is conditioned by commercial presence in Republic of Slovenia, except when foreign lawyers enter into the register under the professional tittle of their home country and work with a lawyer who has the right to practise law in Republic of Slovenia under the Slovenian title »lawyer" (odvetnik). All lawyers (those with Slovenian title "odvetnik" and those with professional title from their country) have to enter into the Register of Lawyers. All lawyers have to be members of the Bar.

b) 1. Accounting and Bookkeeping Services

(CPC 86212 other than "auditing services", CPC 86213, CPC 86219 and CPC 86220)

In 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.

b) 2. Auditing services

(CPC 86211 and 86212 other than accounting services)

In 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.)

In DK: Residence requirement

In 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.

In FI: Residency requirement for at least one of the auditors of a Finnish Liability company

In HR: Only certified auditors holding a licence formally recognised by the Croatian Chamber of Auditors can provide auditing services.

In EL: Condition of nationality for statutory auditors

In 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.

In PL: Audit firms may be established only in certain Polish legal forms. The majority of the owners (of voting rights) as well as of the members of the management body in an audit firm must be (held by) audit firms or statutory auditors approved in any Member State of the EU. Statutory audit activities may be carried out only by locally approved statutory auditors or audit firms

In SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, among others in all limited companies. Residency required for approval.

c) Taxation Advisory Services

(CPC 863)  83

In AT: Nationalitycondition for representation before competent authorities.

In BG, SI: Nationality condition for specialists

In HU: Residency requirement

In PL: Unbound

d) Architectural services

and

e) Urban planning and landscape architectural services

(CPC 8671 and CPC 8674)

In EE: At least one responsible person (project manager or consultant) must be resident in Estonia

In 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

In EL, HR, HU, SK: Residence requirement

In CY: Nationality requirement

f) Engineering services

and

g) Integrated engineering services

(CPC 8672 and CPC 8673)

In EE: At least one responsible person (project manager or consultant) must be resident in Estonia

In BG: Foreign specialists must have experience in the field of construction of at least two years

In CZ, EL, HR, HU, SK: Residence requirement

In CY: Nationality requirement

h) Medical (including psychologists) and Dental services

(CPC 9312 and part of CPC 85201) 

In CZ, IT, SK: Residence requirement    

In CZ, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons.

In BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons

In BG, CY, MT: Condition of nationality

In DE: Condition of nationality which can be waived on an exceptional basis in cases of public health interest

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

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

In 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.

In PL: Practice of medical profession by foreigners requires the permission. Foreign medical doctors have limited election rights within the professional chambers

In PT: Residence requirement for psychologists.

i) Veterinary services

(CPC 932)

In BG, CY, DE, EE, EL, FR, HR, HU, MT, SI: Nationality condition

In CZ and SK: Nationality condition and residence requirement

In IT: Residence requirement

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

j) 1. Midwives services

(part of CPC 93191)

In 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

In BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons

In CZ, CY, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons

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

In CY, HU: Nationality condition

In IT: Residence requirement

In LV: Economic needs determined by the total number of midwives in the given region, authorized by local health authorities

In PL: Nationality condition. Foreign persons may apply for permission to practise

j) 2. Services provided by Nurses, Physiotherapists and Paramedical Personnel

(part of CPC 93191)

In 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

In BE, FR, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons

In CY, CZ, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons.

In CY, HU: Condition of nationality.

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

In CY, CZ, EL, IT: Subject to economic needs test: decision is subject to regional vacancies and shortages

In LV: Economic needs determined by the total number of nurses in the given region, authorized by local health authorities

k) Retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods

(CPC 63211)

and other services supplied by pharmacists  84

In 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.

In CY, DE, EL, SK: Condition of nationality

In HU: Condition of nationality except for retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods (CPC 63211)

In IT, PT: Residence requirement

D. Real Estate Services  85

a) Involving Own or Leased Property

(CPC 821)

In FR, HU, IT, PT: Residence requirement

In LV, MT, SI: Nationality condition

b) On a Fee or Contract Basis

(CPC 822)

In DK: Residence requirement unless waived by the Danish Commerce and Companies Agency

In FR,HU, IT, PT: Residence requirement

In CY, LV, MT, SI: Nationality condition

E. Rental/Leasing Services without Operators

e) Relating to personal and household goods

(CPC 832)

EU: Nationality condition for graduate trainees

In 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

f) Telecommunications equipment rental

(CPC 7541)

EU: Nationality condition for specialists and for graduate trainees.

F. Other Business Services

e) Technical Testing and Analysis Services

(CPC 8676)

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

In CY: Nationality condition for biologist and chemical analyst.

f) Advisory and Consulting services incidental to Agriculture, Hunting and Forestry

(part of CPC 881)

In IT: Residence requirements for agronomists and "periti agrari".

j) 2. Security Services

(CPC 87302, CPC 87303, CPC 87304 and CPC 87305)

In BE: Nationality condition and residence requirement for management personnel.

In BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Nationality condition and residence requirement

In DK: Nationality condition and residence requirement for managers and for airport guard services.

In ES, PT: Nationality condition for specialized personnel.

In FR: Nationality condition for managing directors and directors.

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

k) Related Scientific and Technical Consulting Services

(CPC 8675)

In BG: Nationality condition for specialists

In DE: Nationality condition for publicly appointed surveyors

In FR: Nationality condition for "surveying" operations relating to the establishment of property rights and to land law

In IT, PT: Residence requirement

l) 1. Maintenance and repair of vessels

(part of CPC 8868)

MT: Nationality condition

l) 2. Maintenance and Repair of Rail Transport Equipment

(part of CPC 8868)

In LV: Nationality condition

l) 3. 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)

EU: For maintenance and repair of motor vehicles, motorcycles and snowmobiles, nationality condition for specialists and for graduate trainees

l) 5. Maintenance and Repair services of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods  86

(CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)

EU: Nationality condition for specialists and for graduate trainees

m) Building-Cleaning Services

(CPC 874)

In CY, EE, HR, MT, PL, RO, SI: Nationality condition for specialists

n) Photographic Services

(CPC 875)

In HR, LV: Nationality condition for speciality photography services

In PL: Nationality condition for the supply of aerial photographic services

p) Printing and Publishing

(CPC 88442)

In SE: Residency requirements for publisher and owner of publishing and printing company

In HR: Residency requirement for publishers.

q) Convention Services

(part of CPC 87909)

In SI: Nationality condition

r) 1. Translation and Interpretation Services

(CPC 87905)

In FI: Residence requirement for certified translators

In DK: Residence requirement for authorized public translators and interpreters, unless waived by the Danish Commerce and Companies Agency.

r) 3. Collection Agency Services

(CPC 87902)

In BE, EL, IT: Nationality condition

r) 4. Credit reporting services

(CPC 87901)

In BE, EL, IT: Nationality condition

r) 5. Duplicating services

(CPC 87904)  87

In AT, 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: Nationality condition for specialists and for graduate trainees

In LV: Economic needs test for specialists and nationality condition for graduate trainees

3. CONSTRUCTION AND RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518) 

In BG: Foreign specialists must have experience in the field of construction of at least two years

In CY authorisation required

In MT: Nationality condition

4. DISTRIBUTION SERVICES

(excluding distribution of arms, munitions and war material)

C. Retailing Services  88

c) Food retailing services

(CPC 631)

In FR: Condition of nationality for tobacconists (i.e. buraliste)

5. EDUCATIONAL SERVICES (only privately funded services) 

A. Primary Education Services

(CPC 921) 

In FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach.

In IT: Condition of nationality for service providers who are authorised to issue State-recognized diplomas.

In EL: condition of nationality for teachers.

B. Secondary Education Services

(CPC 922)

In FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach.

In IT: Condition of nationality for service providers who are authorised to issue State-recognized diplomas.

In EL: Condition of nationality for teachers.

In LV: Condition of nationality for technical and vocational secondary school-type education services for handicapped students (CPC 9224) 

C. Higher Education Services

(CPC 923)

In FR: Condition of nationality. However, third country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach.

In CZ, SK: Condition of nationality for higher education services, except for post-secondary technical and vocational education services (CPC 92310).

In IT: Condition of nationality for service providers who are authorised to issue State-recognized diplomas.

In DK: Condition of nationality for professors.

6. FINANCIAL SERVICES

A. Insurance and insurancerelated services

IN AT: The management of a branch office must consist of two natural persons resident in Austria.

In EE: For direct insurance, the management body of an insurance joint-stock company with foreign capital participation may include citizens of non-EU 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.

In ES: Residency requirement and three years of experience for the actuarial profession

In IT: Residency requirement for the actuarial profession.

In HR: Residency requirement.

In FI: The managing directors and at least one auditor of an insurance company shall have their place of residence in the EU, unless the competent authorities have granted an exemption. The general agent of the foreign insurance company shall have his place of residence in Finland, unless the company has its head office in the EU.

B. Banking and other financial services (excluding insurance)

In BG: Permanent residence in Bulgaria is required for the executive directors and the managerial agent.

In FI: The managing directors and at least one auditor of credits institutions shall have their place of residence in the EU, unless the Financial Supervision Authority has granted an exemption. The broker (individual person) on derivative exchange shall have his place of residence in the EU.

In IT: Condition of residence within the territory of a Member State of the

EU for "promotori di servizi finanziari" (financial salesmen)

In HR: Residency requirement. The management board shall direct the business of a credit institution from the territory of the Republic of Croatia. At least one management board member must be fluent in the Croatian language.

In LT: At least one manager must be an EU citizen.

In PL: Nationality requirement for at least one of the bank executives

7. HEALTH SERVICES AND SOCIAL SERVICES

(only privately funded services)

A. Hospital Services

(CPC 9311)

B. Ambulance Services

(CPC 93192)

C. Residential health facilities other than hospital services

(CPC 93193)

E. Social Services

(CPC 933)

In FR: The necessary authorisation for the access to management functions takes into consideration the availability of local managers

In LV: Economic needs tests for doctors, dentists, midwives, nurses, physiotherapists and para-medical personnel.

In PL: Practice of medical profession by foreigners requires permission. Foreign medical doctors have limited election rights within the professional chambers

8. TOURISM AND TRAVEL RELATED SERVICES

A. Hotel, Restaurants and Catering

(CPC 641, CPC 642 and CPC643)

(excluding catering in air transport services  89 )

In 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

In HR: Nationality requirement for hospitality and catering services in households and rural homesteads.

B. Travel Agencies and Tour Operators Services (including tour managers)

(CPC 7471)

In 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

In CY: Nationality condition

In HR: Approval of the Ministry of Tourism for office manager position.

C. Tourist Guides Services

(CPC 7472)

In BG, CY, ES, FR, EL, HR, HU, IT, LT, MT, PL, PT, SK: Nationality condition

9. RECREATIONAL, CULTURAL AND SPORTING SERVICES

(other than audio-visual services)

A. Entertainment Services (including Theatre, Live Bands, Circus and Discotheque Services)

(CPC 9619)

In 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

10. TRANSPORT

SERVICES

A. Maritime transport

a) International passenger transportation

(CPC 7211 less national cabotage transport)

b) International freight transportation

(CPC 7212 less national cabotage transport)  90

EU: Nationality condition for ships' crews

In AT, CY: Nationality condition for the majority of managing directors

D. Road Transport

a) Passenger Transportation

(CPC 7121 and CPC 7122)

In AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership

In DK, HR: Nationality condition and residence requirement for managers.

In BG, MT: Nationality condition

b) Freight Transportation

(CPC 7123, excluding transportation of mail on own account  91 ).

In AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership

In BG, MT: Nationality condition

In HR: Nationality condition and residency requirement for managers.

E. Pipeline transport of goods other than fuel  92

(CPC 7139)

In AT: Nationality condition for managing directors

11. SERVICES AUXILIARY TO TRANSPORT  93

A. Services auxiliary to Maritime Transport

a) Maritime Cargo Handling Services

b) Storage and warehousing Services

(part of CPC 742) 

c) Customs Clearance Services

d) Container Station and Depot Services

e) Maritime Agency Services

f) Maritime Freight Forwarding Services

g) Rental of Vessels with Crew

(CPC 7213)

h) Pushing and towing services

(CPC 7214)

i) Supporting services for maritime transport

(part of CPC 745)

j) Other supporting and auxiliary services

(part of CPC 749)

EU: Nationality condition for crews for pushing, towing services, and for supporting services for maritime transport.

In AT, CY: Nationality condition for the majority of managing directors

In BG, MT: Nationality condition

In DK: Requirement of residence for customs clearance services

In EL: Nationality condition for customs clearance services

In IT: Requirement of residence for "raccomandatario marittimo"

B. Services auxiliary to internal waterways transport

e) Pushing and towing services

(CPC 7224)

f) Supporting services for internal waterway transport

( part of CPC 745)

EU: Nationality condition for crews

D. Services auxiliary to road transport

d) Rental of Commercial Road Vehicles with Operators

(CPC 7124)

In AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership

In BG, MT: Nationality condition

E. Services auxiliary to pipeline transport of goods other than fuel  94

a) Storage and warehouse services of goods other than fuel transported by pipelines

(part of CPC 742)

In AT: Nationality condition for managing directors

12. ENERGY SERVICES

A. Services Incidental to Mining

(CPC 883)  95

In SK: Residence requirement

13. OTHER SERVICES NOT INCLUDED ELSEWHERE

a) Washing, Cleaning and Dyeing services

(CPC 9701)

EU: Nationality condition for specialists and for graduate trainees

b) Hairdressing services
(CPC 97021)

In 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

In AT: Nationality condition for graduate trainees

c) Cosmetic treatment, manicuring and pedicuring services

(CPC 97022)

In 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

In AT: Nationality condition for graduate trainees

d) Other beauty treatment services n.e.c

(CPC 97029)

In 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

In AT: Nationality condition for graduate trainees

e) Spa services and non therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or rehabilitation purposes  96

(CPC ver. 1.0 97230)

EU: Nationality condition for specialists and for graduate trainees

ANNEX D

RESERVATIONS ON CONTRACTUAL SERVICES

SUPPLIERS AND INDEPENDENT PROFESSIONALS

(referred to in Headnote 2, 3 and 4)

1.    The list of reservations below indicates the services sectors liberalised by the EU pursuant to Headnote 4.1 and 4.2 above and the specific discriminatory limitations which apply thereto. The lists are composed of the following elements:

(a)    A first column indicating the sector or sub-sector in which limitations apply.

(b)    A second column describing the applicable limitations.

When no specific limitations, other than those specified, apply to both contractual service suppliers (CSS) and independent professionals (IP), "none" is inscribed next to the relevant 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 Headnotes 4.1 and 4.2 above. 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 contractual services suppliers and independent professionals of the LDC Member.

4.    In accordance with Headnote 1.5 above, the list below does not include measures concerning subsidies granted by the EU and Member States.

5.    The list below is without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

6.    In those sectors where economic needs tests are applied, their main criteria will be the assessment of the relevant market situation in the Member State of the European Union or the region where the service is to be provided, including with respect to the number of, and the impact on, existing services suppliers.

7.    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.

8.    Commitments on contractual services suppliers and independent professionals 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  97

Transitional periods

In AT, BE, DE, DK, EL, ES, FI, FR, IE, IT, LU, NL, PT, SE, UK: None.

Recognition

EU: EU directives on mutual recognition of diplomas only apply to nationals of EU Member States. The right to practise a regulated professional service in one Member State does not grant the right to practise in another Member State.  98

Legal Advisory Services in respect of public international law and foreign law (i.e. non-EU law)

(part of CPC 861)  99

In AT, DE, EE, IE, LU, NL, PT, SE, UK: None.

In ES, HR, IT, EL, PL: Economic needs test for independent professionals.

In LV: Economic needs test for CSS.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In BG, CZ, DK, FI, HU, LT, MT, RO, SI, SK: Economic needs tests.

In 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.

In FR: Full (simplified) admission to the Bar through an aptitude test is required.

In HR: Full admission to the Bar required for legal representation services, is subject to a nationality condition.

In CY: Nationality condition

Accounting and Bookkeeping Services

(CPC 86212 other than "auditing services", CPC 86213, CPC 86219 and CPC 86220)

In DE, EE, ES, HR, IE, IT, LU, NL, PL, PT, SI, SE, UK: None.

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

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In FR: Authorisation requirement.

In BG, CY, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.

Taxation Advisory Services

(CPC 863)  100

In , DE, EE, ES, FR, IE, IT, LU, NL, PL, SI, SE, UK: None.

In 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.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In BG, CY, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.

In PT: Unbound

In HR, HU: residence requirement

Architectural services

and

Urban planning and landscape architectural services

(CPC 8671 and CPC 8674)

In EE, EL, FR, IE, LU, MT, NL, PT, SI, SE, UK: None.

In ES, HR, IT, PL: Economic needs test for independent professionals.

In LV: Economic needs test for CSS.

In FI: The natural person must demonstrate that (s)he possesses special knowledge relevant to the service being supplied.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In DK: Economic needs test except for CSS stays of up to three months

In BG, CZ, DE, FI, HU, LT, RO, SK: Economic needs test.

In AT: Planning services only, where: Economic needs test.

In HR, HU: residence requirement

In CY: Nationality condition

Engineering services

and

Integrated engineering services

(CPC 8672 and CPC 8673)

In , EE, EL, FR, IE, LU, MT, NL, PT, SI, SE, UK: None.

In ES, HR, IT, PL: Economic needs test for independent professionals.

In LV: Economic needs test for CSS.

In FI: The natural person must demonstrate that (s)he possesses special knowledge relevant to the service being supplied.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In DK: Economic needs test except for CSS stays of up to three months

In BG, CZ, DE, FI, HU, LT, RO, SK: Economic needs test.

In AT: Planning services only, where: Economic needs test.

In HR, HU: Residence requirement

In CY: Nationality condition

Medical (including psychologists) and dental services

(CPC 9312 and part of CPC 85201) 

In SE: None.

In BE, , CZ, DE, DK, EE, ES, IE, IT, LU, MT, NL, PL, PT, RO, SI: Economic needs test.

In AT: Unbound except for psychologists and dental services, where: Economic needs test.

In BG, EL, FI, FR, HU, LT, LV, SK, UK: Unbound.

In CY: Nationality condition

Veterinary services

(CPC 932)

In BE, CZ, DE, DK, EE, EL, ES, FI, IE, IT, LT, LU, MT, NL, PL, PT, RO, SI, SE: Economic needs test.

In AT, BG, FR, HR, HU, LV, SK, UK: Unbound.

In CY: Nationality condition

Midwives services

(part of CPC 93191)

In SE: None.

In AT, BE, CZ, DE, DK, EE, EL, ES, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI: Economic needs test.

In BG, FI, FR, HU, SK, UK: Unbound.

In CY: Nationality condition

Services provided by nurses, physiotherapists and paramedical personnel

(part of CPC 93191)

In AT, BE, CZ, DE, DK, EE, EL, ES, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI, SE: Economic needs test.

In BG, FI, FR, HU, SK, UK: Unbound.

In CY: Nationality condition

Computer and Related Services

(CPC 84)

In DE, EE, EL, FR, IE, LU, MT, NL, PT, SI, SE: None.

In ES, IT, PL: Economic needs test for independent professionals.

In LV: Economic needs test for CSS.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In DK: Economic needs test except for CSS stays of up to three months

In HR: Residency requirement for CSS. Unbound for IP.

In AT, BG, CY, CZ, FI, HU, LT, RO, SK, UK: Economic needs test.

Research and Development Services

(CPC 851, 852 excluding psychologists services  101 , 853)

EU: A hosting agreement with an approved research organisation is required  102 .

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In CZ, DK, FI, SK: Economic needs test.

Advertising

(CPC 871)

In CY, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, PT, SI, SE, UK: None.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In AT, BG, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.

Market Research and Opinion Polling

(CPC 864)

In CY, DE, EE, FR, IE, LU, NL, SE, UK: None.

In ES, HR, IT, PL: Economic needs test for independent professionals.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In 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).

In HU: Economic needs test except for public opinion polling services (CPC 86402), where: Unbound

Management Consulting Services

(CPC 865)

In CY, DE, EE, EL, FR, IE, LV, LU, MT, NL, PT, SI, SE, UK: None.

In ES, HR, IT, PL: Economic needs test for independent professionals

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In DK: Economic needs test except for CSS stays of up to three months

In AT, BG, CZ, FI, HU, LT, RO, SK: Economic needs test.

Services Related to Management Consulting

(CPC 866)

In CY, DE, EE, EL, FR, IE, LV, LU, MT, NL, PT, SI, SE, UK: None.

In ES, HR, IT, PL: Economic needs test for independent professionals.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In DK: Economic needs test except for CSS stays of up to three months

In AT, BG, CZ, FI, LT, RO, SK: Economic needs test.

In HU: Economic needs test, except for arbitration and conciliation services (CPC 86602), where: Unbound.

Technical Testing and Analysis Services

(CPC 8676)

In DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE, UK: None.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In DK: Economic needs test except for CSS stays of up to three months

In AT, BG, CZ, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.

In CY: Nationality condition for biologist and chemists

Related Scientific and Technical Consulting Services

(CPC 8675)

In CY, EE, EL, ES, HR, IE, IT, LU, NL, PL, SI, SE, UK: None.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In AT, BG, CZ, DE, DK, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.

In DE: Unbound for publicly appointed surveyors.

In FR: Unbound for "surveying" operations relating to the establishment of property rights and to land law.

Maintenance and repair of vessels

(part of CPC 8868)

In CY, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE: None

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In AT, BG, CZ, DE, DK, FI, HU, IE, LT, MT, RO, SK, 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.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In 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)

In CY, EE, EL, ES, FR, HR, IT, LV, LU, NL, PL, PT, SI, SE: None.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In 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)

In CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK: None.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In 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   103

(CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)

In CY, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK: None.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test.

Translation and Interpretation Services

(CPC 87905, excluding official or certified activities)

In CY, DE, EE, FR, LU, MT, NL, PT, SI, SE, UK: None.

In ES, IT, EL, PL: Economic needs test for independent professionals.

In LV: Economic needs test for CSS.

In HR: Unbound for IP.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In AT, BG, CZ, DK, FI, HU, IE, LT, RO, SK: Economic needs test.

Site investigation work

(CPC 5111)

In DE, EE, EL, ES, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK: None.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In AT, BG, CZ, FI, HU, LT, LV, RO, SK: Economic needs test.

In DK: Economic needs test except for CSS stays of up to three months

In CY: Nationality condition

Higher Education Services

(only privately-funded services)

(CPC 923)

In AT, BE, BG, CY, CZ, DE, DK, EE, EL, ES, FI, HU, IE, IT, LT, LV, MT,

NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

In FR, LU: Only for university professors.

In FR: The professors must have obtained an employment contract from a university or other higher education institution. Economic needs test, unless those professors are designated directly by the Minister in charge of higher education. The work permit is delivered for a period not exceeding nine months renewable for the duration of the contract. The recruiting institution must pay a tax to the International Migration Office.

Environmental services

(CPC 9401  104 , CPC 9402, CPC 9403, CPC 9404  105 , part of CPC 94060  106 , CPC 9405, part of CPC 9406, CPC 9409)

In CY, EE, ES, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK: None.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In AT, BG, CZ, DE, DK, EL, FI, HU, LT, LV, RO, SK: Economic needs test.

Travel Agencies and Tour Operators Services (including tour managers  107 )

(CPC 7471)

In AT, CZ, DE, EE, ES, FR, HR, IT, LU, NL, PL, SI, SE: None.

In BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

In DK: Economic needs test except for CSS stays of up to three months

IE: Unbound except for tour managers.

In BG, EL, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.

In CY: Nationality condition

In UK: Unbound

Tourist Guides Services

(CPC 7472)

In SE: None.

In AT, BE, BG, CZ, DE, DK, EE, FI, EL, HU, IE, IT, LV, LU, MT, NL,

RO, SK, SI, : Economic needs test

In ES, FR, HR, LT, PL, PT, UK: Unbound

In CY: Nationality condition

_________________

ENQUIRY POINTS

EUROPEAN UNION

European Commission - DG TRADE

Services and investment units

Rue de la Loi 170

B-1000 Bruxelles, Belgium

E-mail: TRADE-GATS-CONTACT-POINTS@ec.europa.eu

AUSTRIA

Federal Ministry of Science, Research and Economy

 Department for Multilateral and EU-Trade Policy - C2/3

Stubenring 1

A-1011 Vienna, Austria

Telephone: +43 1 711 00 (ext. 5612/5945)

Telefax:+43 1 718 0508

E-Mail: POST.C23@bmwfw.gv.at  

BELGIUM

Federal Public Service Economy, SMEs,
Self-employed and Energy,

Directorate – General Economic Analysis and International Division,
Rue du Progrès, 50

B-1210 Brussels, Belgium

Telephone:        (322) 277 51 11

Telefax:        (322) 277 50 21

E-mail:        
info-gats@economie.fgov.be  

BULGARIA

Foreign Economic Policy Directorate

Ministry of Economy

12, Knyaz Alexander I Str.

1000 Sofia, Bulgaria

CROATIA

Ministry of Foreign and European Affairs

Trade Policy Department

Trg N.Š.Zrinskog 7-8

10000 Zagreb

Croatia

Phone: +385 1 6444 612

Fax: +385 1 6444 601

e-mail: sluzba.t-politika@mvep.hr

CYPRUS

Ministry of Energy, Commerce, Industry and Tourism

Trade Service

Department for Trade Policy, Bilateral and Public Relations

6, Andreas Araouzos street

1421 Nicosia, Cyprus

Telephone: (357 22) 867 100

(357 22) 867 228 (direct line)    

Telefax:     (357 22) 304 924

E-mail:     gtsiamettis@mcit.gov.cy

ts@mcit.gov.cy)

CZECH REPUBLIC

Ministry of Industry and Trade

Trade Policy and International Economic Organizations Department

Politických vězňů 20

Praha 1, Czech Republic

Telephone    (420 2) 2485 2664

Telefax    (420 2) 24 221560

E-mail:    services@mpo.cz

DENMARK

Ministry of Foreign Affairs, the Trade Council

International Trade Policy and Global Public Affairs

Asiatisk Plads 2

DK-1448 Copenhagen K, Denmark

Telephone:    (45)    3392 0821

Telefax:    (45)    3392 0812

E-mail:     hp@um.dk

ESTONIA

Ministry of Economic Affairs and Communications

11 Harju street

15072 Tallinn, Estonia

Telephone:    (372) 625 6360

(372) 625 6360

Telefax:    (372) 631 3660

E-mail:     services@mkm.ee

FINLAND

Ministry for Foreign Affairs

Department for External Economic Relations

Trade Policy Unit

P.O.Box 428,

FI-00023 Government, Finland

TUO-10@formin.fi

telephone +358 9 160 55541

telefax +358 9 160 55576

FRANCE

Ministère de l'Economie et des Finances

Direction Générale du Trésor

Service des Affaires Multilatérales et du Développement

Sous Direction Politique Commerciale et Investissement – Multicom 1

Bureau Politique commerciale, OMC et accords commerciaux de l'UE 139 rue de Bercy (télédoc 554)

75572 Paris Cedex 12, France

Téléphone: +33 (1) 44 87 20 25

adresse mail : aymeric.pontvianne@dgtresor.gouv.fr

Secrétariat Général des Affaires Européennes

Secteur RELEX

66-68 rue de Bellechasse

75007 Paris

Téléphone: +33 (1) 44 87 10 97 / +33 (1) 44 87 12 73

Fax: +33 (1) 43 42 24 46

E-mail : sgae-relex@sgae.gouv.fr

GERMANY

Germany Trade & Invest GmbH – GTAI

Villemombler Straße 76

53123 Bonn

Telephone: +49 (0)228 24993-364

Telefax: +49 (0)228 24993-212

E-mail: zoll@gtai.de

GREECE

Ministry of Economy, Infrastructure, Shipping and Tourism

General Directory of International Economic and Trade Policy

Directorate of International Trade Policy

1 Kornarou Street

105 63 Athens, Greece

tel. 0030 210 328 6301 and 0030 210 328 6231

Email: elb@mnec.gr

          ela@mnec.gr

          ela3@mnec.gr

 fax: 0030 210 328 6179

 

HUNGARY

Ministry for Foreign Affairs and Trade

Department for Trade Policy

H-1027 Budapest

Bem rkp. 47

Telephone: +361-458-1498

Fax: +361-458-2250

E-mail: kerpol@mfa.gov.hu

IRELAND

Department of Jobs, Enterprise, and Innovation

Trade Policy Unit

23 Kildare Street

Dublin 2, Ireland

Telephone: (353) 1 6312543

Fax:     (353) 1 6312562

E-mail:Trade@djei.ie

ITALY

Ministry of Economic Development

General Directorate for Trade Policy – Division V

Viale Boston, 25

00144 Rome, Italy

Phone (+39) 06 5993 2280/2598

Fax    (+39) 06 5993 2666

Email polcom5@mise.gov.it  

Ministry of Foreign Affairs and International Cooperation

Piazzale della Farnesina, 1

00194 Rome, Italy

General Directorate for the European Union

Unit II – EU External Relations

Telephone: (+39) 06 3691 3664

E-mail: dgue2@esteri.it  

LATVIA

Ministry of Foreign Affairs of the Republic of Latvia

Foreign Trade and Foreign Economic Relations Promotion Department

Foreign Trade and Investment Division

K.Valdemara str. 3

Riga, LV-1395, Latvia

Telephone: +371 67016482

Telefax: +371 67828121

e-mail: tpc@mfa.gov.lv  

LITHUANIA

International Economic Organizations Division

Ministry of Foreign Affairs

J. Tumo-Vaizganto 2

LT-01511 Vilnius, Lithuania

Telephone: +370 7065 2594

+370 7065 2259

Telefax: +370 5 2313090

E-mail:    teo.ed@urm.lt

LUXEMBOURG

Ministère des Affaires étrangères et européennes

Direction des Relations économiques internationales et des affaires européennes

6, rue de l'Ancien Athénée

L-1144 Luxembourg, Luxembourg

Telephone:         (352)      247   82313/82344 (Secretariat)

Telefax:                (352)      22 20 48

Email:                    polcom.rpue@mae.etat.lu

MALTA

Director

International Economic Relations Directorate

Economic Policy Division

Ministry of Finance

St. Calcedonius Square

Floriana, Malta

NETHERLANDS

Ministry of Foreign Affairs

Directorate-General for Foreign Economic Relations

Bezuidenhoutseweg 67

P.O. Box 20061

2500 EB Den Haag, The Netherlands

Telephone:    (3170)    348-6345

   (3170)    348-6187

E-mail:     Martin.RiesmslagBaas@minbuza.nl

POLAND

Ministry of Economy

Trade Policy Department

Plac Trzech Krzyzy 3/5

00-507 Warsaw, Poland

Phone: (48 22) 693 58 17

Telefax: (48 22) 693 40 18

E-mail: sekretariatDPH@mg.gov.pl

PORTUGAL

AICEP Portugal Global – Trade and Investment Agency

Intelligence and Knowledge Unit

Av. 5 de Outubro, 101

1050-051 Lisbon, Portugal

Telephone:      (351 21) 790 95 00

Telefax:           (351 21) 790 95 78

E-mail:            aicep@portugalglobal.pt  

Ministry of Foreign Affairs

General Directorate for European Affairs (DGAE)

Trade Policy Department

R da Cova da Moura 1

1350 –115 Lisbon, Portugal

Telephone:     (351 21) 393 55 00

Telefax:          (351 21) 395 45 39/40

E-mail:             pcc@mne.pt

ROMANIA

Minstry of Economy, Trade and Tourism

Department for Foreign Trade and International Relations

Diana Codau - principal expert- Department for Foreign Trade and International Relations

Claudia Munteanu – counsellor - RO Perm Representation to the EU

Email :  dgre@dce.gov.ro

Calea Victoriei  nr. 152

Sector 1, Bucharest, Romania

Telephone:  0040214010503

Fax:        0040-21 312 05 12

SLOVAK REPUBLIC

Ministry of Economy of the Slovak Republic

Foreign Trade Policy and European Affairs Directorate

Foreign Trade Policy Department

Mierová 19

827 15 Bratislava 212, Slovak Republic

SLOVENIA

Ministry of Economic Development and Technology
Tourism and Internationalisation Directorate

Kotnikova 5

1000 Ljubljana, Slovenia

Telephone: (386 1) 400 35 21

Telefax: (386 1) 400 36 11

email:
eutrade.mg@gov.si  
Internet:
www.mgrt.gov.si

SPAIN

Ministry of Economy and Competitiveness

Department of Trade

General Directorate for Trade and Investment

International Trade in Services and Investment Unit

Paseo de la Castellana 162

28046 Madrid, España

Telephone:  (34)  91 349 3781

E-mail: sgserinv@comercio.mineco.es

SWEDEN

National Board of Trade

Department for WTO Affairs

Box 6803

113 86 Stockholm, Sweden

Telephone:    (46 8)    690 4800

Telefax:    (46 8)    30 6759

E-mail:    registrator@kommers.se

Internet:    http://www.kommers.se

Ministry for Foreign Affairs

Department: International Trade Policy Department

103 39 Stockholm, Sweden

Telephone:    46 (0) 8 405 10 00

Telefax:    46 (0) 8723 11 76

E-mail:    registrator@gov.se

Internet:    http://www.sweden.gov.se/

UNITED KINGDOM

Department for Business , Innovation & Skills

Trade Policy Unit

Bay 326

1 Victoria Street

London SW1H 0ET, England, United Kingdom

Telephone: (4420) 7215 5139

Fax: (4420) 7215 3830

E-mail: A133services@bis.gsi.gov.uk

Internet: https://www.gov.uk/government/topics/trade-and-investment

(1) All other requirements of EU and Member States' laws and regulations regarding entry, stay, work and social security measures shall continue to apply, including regulations concerning period of stay, minimum wages as well as collective wage agreements.
(2)
(3) Obtained after having reached the age of majority.
(4) Where the degree or qualification has not been obtained in the EU where the service is supplied, the relevant entity of the EU may evaluate whether this is equivalent to a university degree required in its territory.
(5) Where the degree or qualification has not been obtained in the EU where the service is supplied, the relevant entity may evaluate whether this is equivalent to a university degree required in its territory.
(6) As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
(7) Public utilities exist in sectors such as related scientific and technical consulting services, R&D services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific listing is not practical.
(8) This limitation does not apply to telecommunications services and to computer and related services.
(9) 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, EC 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 Member States of the European Union. 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 EC law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the EC acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EC since it involves practice of EC and national procedural law. However, in some 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.
(10) Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.a). Legal services.
(11) 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 Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.
(12) Part of CPC 85201 which is to be found under 1.A.h)- Medical and dental services.
(13) 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.
(14) Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 1.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.
(15) Does not include printing services, which fall under CPC 88442 and are to be found under 1.F p).
(16) The term "handling" should be taken to include clearance, sorting, transport and delivery.
(17) "Postal item" refers to items handled by any type of commercial operator, whether public or private.
(18) E.g. letter, postcards.
(19) Books, catalogues are included hereunder.
(20) Journals, newspapers, periodicals.
(21) 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.
(22) 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.
(23) For subsectors i) to iv), individual licences imposing particular universal services obligations and/or financial contribution to a compensation fund may be required.
(24) "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.
(25) Transportation of mail on own account by any land mode.
(26) Transportation of mail on own account by air.
(27) 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.
(28) 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.
(29) Footnote for clarification purposes: Some Member States of the European Union maintain public participation in certain telecommunication operators. In some Member States the right is reserved 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 governmentowned economic enterprises.
(30) 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.
(31) These services, which include CPC 62271, are to be found in ENERGY SERVICES under 13.D.
(32) 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.
(33) Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 1.A.k).
(34) Corresponds to sewage services.
(35) Corresponds to Cleaning Services of Exhaust Gases.
(36) Corresponds to parts of Nature and Landscape Protection Services.
(37) Catering in air transport services is to be found in SERVICES AUXILIARY TO TRANSPORT under 1.12E.a) Ground handling services.
(38) Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in same State when no revenue is involved.
(39) Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A. Postal and courier services.
(40) Pipeline transportation of fuels is to be found in ENERGY SERVICES under 13.B.
(41) 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.
(42) Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES, under 13.C.
(43) 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.
(44) 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).
(45) As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
(46) 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, EC 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 Member States of the European Union. 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 EC law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the EC acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EC since it involves practice of EC and national procedural law. However, in some 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.
(47) Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.a). Legal services.
(48) 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 Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.
(49) Part of CPC 85201, which is to be found under 1.A.h. Medical and dental services.
(50) 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.
(51) 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.
(52) Does not include printing services, which fall under CPC 88442 and are to be found under 1.F p).
(53) The term "handling" should be taken to include clearance, sorting, transport and delivery.
(54) "Postal item" refers to items handled by any type of commercial operator, whether public or private.
(55) E.g. letter, postcards.
(56) Books, catalogues are included hereunder.
(57) Journals, newspapers, periodicals.
(58) 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.
(59) 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.
(60) For subsectors i) to iv), individual licences imposing particular universal services obligations and/or financial contribution to a compensation fund may be required.
(61) "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.
(62) Transportation of mail on own account by any land Mode.
(63) Transportation of mail on own account by air.
(64) 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.
(65) 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.
(66) 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.
(67) These services, which include CPC 62271, are to be found in ENERGY SERVICES under 18.D.
(68) Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 1.B. and 1.F.l).
(69) Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 1.A.k).
(70) Corresponds to sewage services.
(71) Corresponds to Cleaning Services of Exhaust Gases.
(72) Corresponds to parts of Nature and Landscape Protection Services.
(73) Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT SERVICES under 12.E.a) Groundhandling services.
(74) Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in the same State when no revenue is involved.
(75) Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A. Postal and courier services.
(76) Pipeline transportation of fuels is to be found in ENERGY SERVICES under 13.B.
(77) 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.
(78) Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 13.C.
(79) 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.
(80) 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).
(81) In order for third-country nationals to obtain EU-wide recognition of their qualifications a Mutual Recognition Agreement is necessary.
(82) 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, EU 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 Member States of the European Union. 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 EU law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the EU acting personally, and legal services in respect of the law of a Member States of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EU since it involves practice of EU and national procedural law. However, in some 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 States in which the lawyer is entitled to practice.
(83) Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.a). Legal services.
(84) 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 Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.
(85) 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.
(86) Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 1.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.
(87) Does not include printing services, which fall under CPC 88442 and are to be found under 1.F p).
(88) Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 1.B. and 1.F.l).
(89) Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT under 17.D.a) Groundhandling services.
(90) Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in same State when no revenue is involved.
(91) Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A. Postal and courier services.
(92) Pipeline transportation of fuels is to be found in ENERGY SERVICES under 13.B.
(93) 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.
(94) Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES. under 13.C.
(95) 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.
(96) 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).
(97) Note for transparency for BE: where applicable, the referred to annual wage amount is currently set at 33,677 euros (March 2007).
(98) In order for third-country nationals to obtain EU-wide recognition of their qualifications, it is necessary that a Mutual Recognition Agreement has been negotiated. .
(99) 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, EC 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 Member States of the European Union. 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 EC law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the EC acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EC since it involves practice of EC and national procedural law. Admission may be subject to residency or other requirements. However, in some 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.
(100) 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.
(101) Part of CPC 85201, which is to be found under Medical and dental services.
(102) For all Member States except UK and DK, the approval of the research organisation and the hosting agreement have to meet the conditions set pursuant to EC Directive 2005/71/EC.
(103) Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under Computer services.
(104) Corresponds to sewage services.
(105) Corresponds to Cleaning Services of Exhaust Gases.
(106) Corresponds to parts of Nature and Landscape Protection Services.
(107) Services suppliers whose function is to accompany a tour group of a minimum of 10 persons, without acting as guides in specific locations.
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