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Document 32007D0611

2007/611/EC: Council Decision of 23 July 2007 on the signing and provisional application of a Second Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

OJ L 251, 26.9.2007, p. 1–1 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Special edition in Croatian: Information about publishing Official Journal Special Edition not found, P. 137 - 137

In force

ELI: http://data.europa.eu/eli/dec/2007/611/oj

Related international agreement

26.9.2007   

EN

Official Journal of the European Union

L 251/1


COUNCIL DECISION

of 23 July 2007

on the signing and provisional application of a Second Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

(2007/611/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Treaty of Accession of the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,

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

Having regard to the proposal from the Commission,

Whereas:

(1)

On 23 October 2006 the Council authorised the Commission, on behalf of the European Community and its Member States, to negotiate with the Republic of Chile a Second Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

(2)

These negotiations have been concluded and the Second Additional Protocol was initialled on 26 March 2007.

(3)

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

HAS DECIDED AS FOLLOWS:

Sole Article

1.   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, the Second Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

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

2.   Articles 2, 3, 4 and 9 of the Second Additional Protocol shall be applied provisionally pending its entry into force.

Done at Brussels, 23 July 2007.

For the Council

The President

L. AMADO


ANNEX I

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

1.

Article 17(4) shall be amended to read:

(…)

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

BG

“ИЗДАДЕН ВПОСЛЕДСТВИЕ”

ES

“EXPEDIDO A POSTERIORI”

CS

“VYSTAVENO DODATEČNE”

DA

“UDSTEDT EFTERFØLGENDE”

DE

“NACHTRÄGLICH AUSGESTELLT”

ET

“TAGANTJÄRELE VÄLJA ANTUD”

EL

“ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ”

EN

“ISSUED RETROSPECTIVELY”

FR

“DÉLIVRÉ A POSTERIORI”

IT

“RILASCIATO A POSTERIORI”

LV

“IZSNIEGTS RETROSPEKTĪVI”

LT

“RETROSPEKTYVUSIS IŠDAVIMAS”

HU

“KIADVA VISSZAMENŐLEGES HATÁLLYAL”

MT

“MAHRUG RETROSPETTIVAMENT”

NL

“AFGEGEVEN A POSTERIORI”

PL

“WYSTAWIONE RETROSPEKTYWNIE”

PT

“EMITIDO A POSTERIORI”

RO

“EMIS A POSTERIORI”

SK

“VYDANÉ DODATOČNE”

SL

“IZDANO NAKNADNO”

FI

“ANNETTU JÄLKIKÄTEEN”

SV

“UTFÄRDAT I EFTERHAND”’

2.

Article 18(2) shall be amended to read:

(…)

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

BG

“ДУБЛИКАТ”

ES

“DUPLICADO”

CS

“DUPLIKÁT”

DA

“DUPLIKAT”

DE

“DUPLIKAT”

ET

“DUPLIKAAT”

EL

“ΑΝΤΙΓΡΑΦΟ”

EN

“DUPLICATE”

FR

“DUPLICATA”

IT

“DUPLICATO”

LV

“DUBLIKĀTS”

LT

“DUBLIKATAS”

HU

“MÁSODLAT”

MT

“DUPLIKAT”

NL

“DUPLICAAT”

PL

“DUPLIKAT”

PT

“SEGUNDA VIA”

RO

“DUPLICAT”

SK

“DUPLIKÁT”

SL

“DVOJNIK”

FI

“KAKSOISKAPPALE”

SV

“DUPLIKAT”’


ANNEX II

Appendix IV

INVOICE DECLARATION

Specific requirements as for the making out of an invoice declaration

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

Bulgarian version

Износителят на продуктите, обхванати от настоящия документ (разрешение № … от митница или от друг компетентен държавен орган (1)) декларира, че освен когато ясно е отбелязано друго, тези продукти са с … (2) преференциален произход.

Spanish version

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

Czech version

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

Danish version

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

German version

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

Estonian version

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

Greek version

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

English version

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

French version

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

Italian version

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

Latvian version

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

Lithuanian version

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

Hungarian version

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

Maltese version

L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni kompetenti tal-gvern jew tad-dwana nru. … (1)) jiddikjara li, ħlief fejn indikat b'mod ċar mod ieħor, dawn il-prodotti huma ta' oriġini preferenzjali … (2).

Dutch version

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

Polish version

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

Portuguese version

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

Romanian version

Exportatorul produselor care fac obiectul acestui document [autorizaţia vamală sau a autorităţii guvernamentale competente nr. … (1)] declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferenţială … (2).

Slovak version

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

Slovenian version

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

Finnish version

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

Swedish version

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

 (3)

(Place and date)

 (4)

(Signature of the exporter; in addition, the name of the person signing the declaration has to be indicated in clear script)


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

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

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

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


ANNEX III

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

SCHEDULE OF SPECIFIC COMMITMENTS ON SERVICES

PART A

COMMUNITY’S SCHEDULE

Introductory note

1.

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

2.

The following abbreviations are used to indicate the Member States:

AT

Austria

BE

Belgium

BG

Bulgaria

CY

Cyprus

CZ

Czech Republic

DE

Germany

DK

Denmark

ES

Spain

EE

Estonia

FR

France

FI

Finland

EL

Greece

HU

Hungary

IT

Italy

IE

Ireland

LU

Luxembourg

LT

Lithuania

LV

Latvia

MT

Malta

NL

The Netherlands

PT

Portugal

PL

Poland

RO

Romania

SE

Sweden

SI

Slovenia

SK

Slovakia

UK

United Kingdom

3.

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

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

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

I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN THIS SCHEDULE

 

 

 

 

(3)

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

(3)

(a)

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

 

 

 

(b)

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

 

 

 

Formation of legal entity

(3)

RO: the sole administrator or the Chairman of the Board of Administration as well as half of a total number of administrators of a commercial company shall be Romanian citizens unless otherwise stipulated in the company contract or in its statutes. The majority of the commercial company’s auditors and their deputies shall be Romanian citizens.

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

 

 

Law on foreign companies’ branches

(3)

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

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

PL: unbound with respect to branches.

Law on foreign companies’ branches

(3)

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

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

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

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

 

 

Legal entities:

(3)

BG: the establishment of foreign service suppliers, joint ventures included, may only take the form of limited liability company or joint-stock company with at least two shareholders. Establishment of branches is subject to authorisation. Unbound for representative offices. Representative offices may not engage in economic activity. 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.

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

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

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

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

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

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

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

 

 

Real estate purchases:

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

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

CY: unbound

HU: unbound for the acquisition of State-owned property.

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

MT: unbound for the acquisition of real property.

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

PL: unbound in relation to acquisition of State-owned property, i.e. the regulations governing the privatization process (for mode 3).

RO: natural persons not having Romanian citizenship and residence in Romania, as well as legal persons not having Romanian nationality and their headquarters in Romania, cannot acquire ownership over any kind of land plots, through inter vivos acts (for modes 3 and 4).

Real estate purchases:

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

BG: foreign natural and juridical persons (including through a branch) cannot acquire ownership of land. Bulgarian juridical persons with foreign participation cannot acquire ownership of agricultural land.

Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited property rights in real estate subject to the permission of the Ministry of Finance. The permission requirement does not apply to persons who have made investments in Bulgaria.

Foreign citizens with permanent residence abroad, foreign juridical persons and companies in which foreign participation ensures a majority in adopting decisions or blocks the adoption of decisions, can acquire real estate property rights in specific geographic regions designated by the Council of Ministers subject to permission.

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

 

 

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

SK: none, except for land (for modes 3 and 4).

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

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

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

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

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

 

 

 

IT: unbound for purchase of real estate.

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

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

 

 

Investments:

FR: foreign purchases exceeding 33,33 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 regulation:

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

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

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

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

Investments:

BG: foreign investments are registered with the Ministry of Finance for statistical and taxation purposes only.

A foreign person or a company in which foreign participation ensures a majority in adopting decisions or blocks the adoption of decisions, directly or through other companies with foreign participation, is to obtain a permission for:

(i)

distribution of weapons, munitions or military equipment;

(ii)

banking or insurance activities, or participation in banking or insurance companies;

(iii)

prospecting, development or extraction of natural resources from the territorial sea, continental shelf or the exclusive economic zone;

(iv)

acquisition of participation which ensures a majority in adopting decisions or blocks the adoption of decisions in a company engaged in any of the activities specified in (i), (ii) and (iii) above.

With respect to banking and insurance referred to in (ii) and (iv), the criteria for authorisation or permission are prudential and are consistent with the obligation of Articles XVI and XVII of the GATS.

 

 

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

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

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

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

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

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

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

 

 

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

(a)

provision of services which are new to Cyprus;

(b)

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

(c)

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

(d)

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

(e)

complementary impact on existing units or activities;

(f)

viability of proposed project;

(g)

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

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

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

 

 

 

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

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

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

 

 

 

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

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

management of seaports and airports,

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

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

wholesale trade in imported consumer goods,

provision of legal advisory services.

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

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

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

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

 

 

 

 

Subsidies

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

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

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

 

 

Exchange regime (6), (7), (8), (9):

(1), (2), (3), (4)

BG: payments and transfers abroad require the authorisation of the Bulgarian National Bank when related to investments and state or state-guaranteed loans. (10)

(1), (2)

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

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

Exchange regime (11)

(4)

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

 

 

Services relating to the use of nuclear energy for peaceful purposes

(1), (2), (3), (4)

BG: unbound for services relating to the exploration, extraction, and processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade therewith, to the maintenance and repair of equipment and systems in nuclear energy production facilities, to the transportation of such materials and the refuse and waste matter of their processing, to the use of ionising radiation, and on all other services relating to the use of nuclear energy for peaceful purposes (incl. engineering and consulting services and services relating to software, etc.).

 

 

 

Privatisation (12)

(3)

BG: unbound for participation in privatisation through state external debt bonds and for services sectors and/or service suppliers not subject to privatisation under the annual privatisation programme.

RO: unbound

Privatisation

(3)

BG: unbound for participation in privatisation through investment vouchers or other preferential privatisation methods, where Bulgarian citizenship and permanent residence are required.

RO: unbound

 

 

(4)

Unbound, except for measures concerning the entry into and temporary stay (13) within a Member State, without requiring compliance with an economic needs test (14), of the following categories of natural persons providing services.

(4)

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

 

 

(i)

the temporary presence, as intra-corporate transferee (15), of natural persons in the following categories, provided that the service supplier is a legal person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders), for at least the year immediately preceding such movement.

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

 

 

BG: the number of such transferees is not to exceed 10 per cent of the average annual number of the Bulgarian citizens employed by the respective Bulgarian juridical person (where less than 100 persons are employed, the number of intracorporate transferees may, subject to authorisation, exceed 10 per cent).

 

 

 

(a)

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

directing the establishment or a department or sub-division of the establishment,

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

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

BG: and who do not directly perform tasks concerning the actual supply of the services of the establishment.

Residency requirements

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

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

 

 

RO: natural persons serving in management jobs are those persons with relevant higher education who, within an organisation, have the task to manage this organisation or one of its departments or divisions.

 

 

 

(b)

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

 

 

 

RO: natural persons serving in expert jobs are those persons who have university degrees in the speciality of the position they occupy.

(ii)

the temporary presence of natural persons in the following categories:

(a)

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

(b)

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

 

 

 

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

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

 

 

 

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

 

 

 

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

 

 

 

(iii)

Unbound, except for measures concerning the entry into and temporary stay within a Member State of the following category of natural persons without requiring compliance with an economic needs test, except where indicated for a specific subsector. Access is subject to the following conditions (16):

 

 

 

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

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

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

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

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

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

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

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

 

 

 

legal services,

accounting services,

auditing services,

taxation advisory services,

architectural services, urban planning and landscape architectural services,

engineering services, integrated engineering services,

medical, dental and midwives services,

veterinary services,

services provided by nurses, physiotherapists and paramedical personnel,

computer and related services,

research and development services,

advertising,

market research and opinion polling,

management consulting services,

services related to management consulting,

technical testing and analysis services,

related scientific and consulting services,

advisory and consulting services relating to agriculture, hunting and forestry,

advisory and consulting services relating to fishing,

services relating to mining,

maintenance and repair of equipment,

photographic services,

convention services,

translation services,

construction services,

site investigation work,

environmental services,

higher education services,

adult education services,

travel agencies and tour operator services,

tourist guide services,

entertainment services,

news agency services,

services related to the sale of equipment or to the assignment of a patent.

 

 


II.

SECTOR-SPECIFIC COMMITMENTS

1.

BUSINESS SERVICES

 

 

 

A.

Professional services

 

 

 

(a)

legal advice home-country law and public international law (excluding EC law)

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

BG: where the service supplier is a qualified lawyer (17) (part of CPC 861)

(1)

EE: unbound for CPC 861 other than CPC 86190.

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

SE: unbound when practising as ‘Advokat’ (i.e. lawyer/solicitor/barrister) or as an EEA (European Economic Area) lawyer under his or her home-country corresponding professional title (18).

CY, MT: unbound

(1)

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

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

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

EE: unbound for CPC 861 other than CPC 86190.

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

CY, MT: unbound

 

 

(2)

CY, MT: unbound

(2)

CY, MT: unbound

 

 

(3)

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

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

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

AT, CY, MT, RO: unbound

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

(3)

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

AT, CY, MT, RO: unbound

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

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

FR: host-country law and international law (including EC law) are opened to the Members of the regulated legal and judicial profession. (19)

 

EE: none for CPC 86190. For CPC 861 other than CPC 86190, commercial presence is restricted to sole proprietorships or to law firms with limited liability, in which cases permission is needed from the Bar Association (Advokatuur). According to the Bar Statute/Advokatuuri pohimäärus) only Estonian nationals are allowed to establish a lawyer’s office. To get accepted into the Bar Association the following requirements should be met: (a) two years’ work experience as an assistant to a barrister at law; (b) passing a relevant examination; (c) work for three years as a senior assistant. After that it is possible to pass a lawyer’s exam (excellent knowledge of the Estonian law and excellent proficiency in the Estonian language are required). Notaries Public are persons performing a public service; they are appointed by the Ministry of Justice.

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

LV: none for consultancy on home country and public international law. For CPC 861 other than consultancy on home country and public international law, licence issued by the Ministry of Justice and knowledge of Latvian language required. Licensed lawyer can provide all legal services, except representation in criminal proceedings.

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

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

 

 

Representation in criminal proceedings permitted only to sworn solicitors. Nationality requirement for sworn solicitors and sworn notaries. Sworn solicitors and sworn notaries have to be at least 25 years old, having knowledge of Latvian language, graduated from University of Latvia or from other university recognised as equal by the Faculty of Law, University of Latvia, and having practical experience. Sworn solicitors have to pass examination in accordance with rules set up by Council of Sworn Solicitors. Sworn notaries have to pass examination in accordance with order set up by the Minister of Justice in cooperation with the Council of Sworn Notaries.

PL: establishment subject to authorisation. Nationality requirement.

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

 

 

 

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

 

 

 

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

LU: host-country law and international law (20) subject to registration as ‘avocat’ at the Luxembourg Bar.

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

 

 

(4)

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

AT, CY, MT, RO: unbound

FR: legal advice activities and drafting of legal documents as a main activity and for the public are reserved to the members of the regulated legal and judicial professions (19). These activities may also be exercised as a secondary activity to the principal activity by members of other regulated professions or by qualified persons.

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

(4)

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

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

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

 

 

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

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

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

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

CY, MT, RO: unbound

 

 

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

BE, DE, DK, ES, SE and UK: u: university degree and professional qualifications and three years’ professional experience in the sector.

DE: unbound for activities reserved to ‘Rechtsanwalt’.

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

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

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

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

 

(b)

accounting services

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

(1)

CY, FR, HU, IT, MT, RO, SI: unbound

(2)

RO: unbound

(1)

FR, IT, MT, RO, SI: unbound

AT: no representation before competent authorities.

(2)

RO: unbound

 

 

(3)

DE: provision through a ‘GmbH & CoKG’ and ‘EWIV’ is prohibited.

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

PT: provision through professional establishment only.

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

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

(3)

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

RO: unbound

 

 

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

 

 

 

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

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

RO: unbound

 

 

 

(4)

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

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

(4)

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

DK, IT: residence requirement.

RO: unbound

SI: unbound, except as indicated in the Market Access column.

 

 

IT: condition of residency for ‘Ragionieri — Periti commerciali’.

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

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

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

RO: unbound

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

 

 

 

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

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

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

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

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

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

 

 

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

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

 

 

(b)

auditing services (21)  (22)

(CPC 86211 and 86212 other than accounting services)

(1)

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

LT: none, except that auditor’s report must be prepared in conjunction with an auditor accredited to practice in Lithuania.

(2)

BG, RO: unbound

(1)

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

LT: none, except that auditor’s report must be prepared in conjunction with an auditor accredited to practice in Lithuania.

(2)

BG, RO: unbound

 

 

(3)

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

DE: provision through a ‘GmbH & CoKG’ and ‘EWIV’ is prohibited.

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

PT: provision through professional association only.

IE: provision through partnership only.

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

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

(3)

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

SE: residency within the EEA (European Economic Area) and Swedish exam required (23).

BG, RO: unbound

 

 

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

 

 

 

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; this applies only to non members of the Austrian Professional Body.

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

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

 

 

 

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

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

PL: nationality requirement. Foreign auditors might practice after confirmation of their qualifications.

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

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

BG, RO: unbound

 

 

 

(4)

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

BG, RO: unbound

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

ES: residency requirement.

EL: conditions of nationality for statutory auditors.

ES: audit companies — administrators, directors and partners of companies other than those covered by the 8th EEC Directive on company law, must fulfil a residency condition.

(4)

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

BG, RO: unbound

DK: residence requirement.

IT, PT: residence requirement for individual auditors.

SE: residency within the EEA (European Economic Area) and Swedish exam required (23).

SI: unbound, except as indicated in the Market Access column.

 

 

IT: residency requirement for ‘Ragionieri – Periti commerciali’. Audit companies: administrators and auditors in ‘società di revisione’, other than those covered by the 8th EEC directive on company law, must fulfil a residency condition.

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

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

 

 

 

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

PL: nationality requirement. Foreign auditors might practice after confirmation of their qualifications.

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

 

 

 

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

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

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

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

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

 

(b)

bookkeeping services

(CPC 86220)

BG: excluding tax returns

(1)

CY, FR, HU, IT, MT, RO, SI: unbound

(2)

RO: unbound

(1)

FR, IT, MT, RO, SI: unbound

AT: no representation before competent authorities.

(2)

RO: unbound

 

 

(3)

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

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

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

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

(3)

RO: unbound

 

 

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

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

RO: unbound

 

 

 

(4)

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

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

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

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

(4)

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

IT: residence requirement for ‘Ragionieri — Periti commerciali’.

PT: residence requirement.

RO: unbound

 

 

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

RO: unbound

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

 

 

 

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

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

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

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

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

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

 

(c)

taxation advisory services (CPC 863 excluding representation in court/tribunals)

(1)

FR: unbound for the drafting of legal documents.

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

BG, RO: unbound

(2)

BG, RO: unbound

(1)

FR: unbound for the drafting of legal documents.

AT: no representation before competent authorities.

BG, RO: unbound

(2)

BG, RO: unbound

 

 

(3)

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

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

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

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

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

BG, RO: unbound

(3)

BG, RO: unbound

 

 

(4)

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

FR: legal advice activities and drafting of legal documents as a main activity and for the public are reserved to the members of the regulated legal and judicial professions (19). These activities may also be exercised as a secondary activity to the principal activity by members of other regulated professions or by qualified persons.

IT: condition of residency for ‘Ragionieri — Periti commerciali’.

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

HU: permanent residency requirement.

BG, RO: unbound

(4)

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

BG, RO: unbound

IT, PT: residence requirement.

 

 

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

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

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

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

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

 

(d)

architectural services (CPC 8671)

(1)

BE, CY, EL, IT, MT, PT, PL, SI: unbound

BG: none, except for the conditions specified in (4) below.

(1)

BE, CY, EL, IT, MT, PT, PL: unbound

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

AT: none for pure planning services.

 

 

(2)

BG: none, except for the conditions specified in (4) below.

(3)

BG: foreign persons are to provide the services only in partnership with, or as subcontractors of, local service suppliers where the project is of national or regional significance.

This does not apply to projects which have been put up for international auction won by foreign service suppliers.

Accreditation requirement: the main scope of the foreign person's activity to be the relevant services; experience in the field of construction; projects performed during the last two years; staff and technical capacity; bank references from a first rank foreign bank. Services must be supplied through employees under the conditions specified in (4) below.

ES: access is restricted to natural persons.

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

(2)

None

(3)

None

 

 

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

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

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

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

 

 

 

(4)

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

BG: access is limited to natural persons subject to recognition of their technical qualification and accreditation by a professional chamber in the Republic of Bulgaria. Accreditation is subject to following criteria: recognised technical qualification in Bulgaria; experience in the field of construction; projects performed during the last two years; staff and technical capacity.

EL: condition of nationality.

HU: permanent residency requirement.

RO: unbound for (ii).

(4)

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

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

IT: residence requirement.

RO: unbound for (ii).

 

 

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

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

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

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

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

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

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

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

 

(e)

engineering services

(all Member States, except RO: CPC 8672. RO: only advisory and consultative engineering services (CPC 86721) and engineering design services for mechanical and electrical installations for buildings (CPC 86723))

(1)

CY, EL, IT, MT, PT: unbound

BG: none, except for the conditions specified in (4) below.

(2)

BG: none, except for the conditions specified in (4) below.

(3)

BG: foreign persons are to provide the services only in partnership with, or as subcontractors of, local service suppliers where the project is of national or regional significance.

This does not apply to projects which have been put up for international auction won by foreign service suppliers.

Accreditation requirement: the main scope of the foreign person’s activity to be the relevant services; experience in the field of construction; projects performed during the last two years; staff and technical capacity; bank references from a first rank foreign bank. Services must be supplied through employees under the conditions specified in (4) below.

(1)

CY, EL, IT, MT, PT: unbound

AT: none for pure planning services

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

(2)

None

(3)

None

(4)

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

IT, PT: residency requirements.

RO: unbound for (ii)

 

 

ES: access is restricted to natural persons.

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

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

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

(4)

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

BG: access is limited to natural persons subject to recognition of their technical qualification and accreditation by a professional chamber in the Republic of Bulgaria. Accreditation is subject to following criteria: recognised technical qualification in Bulgaria; experience in the field of construction; projects performed during the last two years; staff and technical capacity.

RO: unbound for (ii).

 

 

 

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

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

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

UK: compliance with an economic needs test is required.

HU: permanent residency requirement.

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

 

(f)

integrated engineering services

(CPC 8673)

(1)

CY, EL, IT, MT, PT, RO: unbound

BG: none, except for the conditions specified in (4) below.

(2)

BG: none, except for the conditions specified in (4) below.

RO: unbound

(3)

BG: foreign persons are to provide the services only in partnership with, or as subcontractors of, local service suppliers where the project is of national or regional significance.

This does not apply to projects which have been put up for international auction won by foreign service suppliers.

Accreditation requirement: the main scope of the foreign person's activity to be the relevant services; experience in the field of construction; projects performed during the last two years; staff and technical capacity; bank references from a first rank foreign bank. Services must be supplied through employees under the conditions specified in (4) below.

ES: access is restricted to natural persons.

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

(1)

CY, EL, IT, MT, PT, RO: unbound

AT: none for pure planning services

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

(2)

RO: unbound

(3)

RO: unbound

(4)

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

IT, PT: residency requirements.

RO: unbound

 

 

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

RO: unbound

(4)

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

BG: access is limited to natural persons subject to recognition of their technical qualification and accreditation by a professional chamber in the Republic of Bulgaria. Accreditation is subject to following criteria: recognised technical qualification in Bulgaria; experience in the field of construction; projects performed during the last two years; staff and technical capacity.

RO: unbound

 

 

 

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

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

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

UK: compliance with an economic-needs test is required.

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

 

(g)

urban planning and landscape architectural services

(CPC 8674)

(1)

BE, BG, CY, EL, IT, MT, PT, PL, SI: unbound

HU, RO: unbound for landscape architectural services.

(1)

BE, BG, CY, EL, IT, MT, PT, PL, SI: unbound

AT: none for pure planning services.

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

HU, RO: unbound for landscape architectural services.

 

 

(2)

BG: unbound

HU, RO: unbound for landscape architectural services.

(2)

BG: unbound

HU, RO: unbound for landscape architectural services.

 

 

(3)

BG: unbound

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

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

HU, RO: unbound for landscape architectural services.

LV: none for urban planning services. For landscape architectural services, practice of three years in Latvia in the field of projecting and university degree required to receive the licence enabling to engage in business activity with full range of legal responsibility and rights to sign a project.

(3)

BG: unbound

HU, RO: unbound for landscape architectural services.

 

 

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

 

 

 

(4)

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

BG: unbound

PT: condition of nationality.

HU: permanent residency requirement for urban planning services. Unbound for landscape architectural services.

RO: unbound for landscape architectural services. Unbound for (ii).

(4)

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

BG: unbound

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

IT: residence requirement.

HU: unbound for landscape architectural services.

RO: unbound for landscape architectural services. Unbound for (ii).

 

 

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

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

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

UK: compliance with an economic-needs test is required.

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

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

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

 

(h)

medical, dental and midwives services

(CPC 9312, 93191 (24)

(1)

all Member States, except CZ, HU, LV, LT, PL, SE, SI: unbound

PL, SE: none

CZ, HU, LV, LT, SI: unbound for midwives services.

(2)

CY, FI, MT, RO: unbound

BG, CZ, EE, HU, SI, SK: unbound for midwives services.

(1)

all Member States, except CZ, HU, LV, LT, PL, SE, SI: unbound

CZ, HU, LV, LT, SI: unbound for midwives services.

PL, SE: none

(2)

BG, CY, FI, MT, RO: unbound

CZ, EE, HU, SI, SK: unbound for midwives services

 

 

(3)

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

BG: unbound for midwives services. For medical and dental services: access is granted only to foreign natural persons and exclusively for the conduct of private professional practice.

Establishment of such suppliers is subject to conditions of permanent residence, official recognition of their education and professional qualification for the provision of the specific medical or dental services, including requirements related to professional experience. Registration and authorisation based on economic needs test and consent by a professional organisation. (25)

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

(3)

AT: unbound for medical and dental services

BG: unbound for midwives services. For medical and dental services: none, except for a requirement for mandatory knowledge of the Bulgarian language confirmed through relevant examination.

CY, EE, FI, MT, RO: unbound

CZ, HU, SI, SK: unbound for midwives services.

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

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

 

 

CY, EE, MT, RO: unbound

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

ES: access restricted to natural persons only.

HU: unbound for midwives services.

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

IE: access through partnership or natural persons only.

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

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

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

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

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

 

 

 

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

SI: Membership of Doctors Association required. Conditions for acceptance into Doctors Association for doctors who are not Slovenian nationals are licence to practice in another Member and having a good command of the Slovenian language (26). Unbound for midwives services.

 

 

 

(4)

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

AT: unbound, except for midwives

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

BG, CY, FI, MT, RO: unbound

PT: condition of nationality.

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

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

CZ, EE, HU, SI, SK: unbound for midwives services.

LV: for medical and dental services, nationality requirement. 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. For midwives services, access restricted to natural persons only. Economic needs determined by the total number of midwives in the given region, authorised by local health authorities.

(4)

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

AT: unbound for doctors and dentists.

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

BG, CY, FI, MT, RO: unbound

IT: residence requirement.

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

EE, HU, SI: unbound for midwives services.

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

LT: foreigners must pass additional qualification exam.

 

 

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

 

 

 

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

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

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

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

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

 

(i)

veterinary services

(CPC 932)

(1)

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

FI, LU, LT, PL, SE: none

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

(2)

CY, EE, HU, MT, RO, SI: unbound

(1)

all Member States, except FI, LU, LT, PL, SE, UK: unbound

FI, LU, LT, PL, SE: none

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

(2)

BG, CY, EE, HU, MT, RO, SI: unbound

 

 

(3)

AT, CY, EE, HU, MT, RO, SI: unbound

BG: access is granted to natural persons exclusively for the conduct of private professional practice and under the conditions of: authorisation by the veterinary authorities. Economic needs test. Unbound for all services related to border veterinary controls, prevention, localisation, curing, etc. of infectious and parasitic epizootic diseases and diagnostic analysis related thereto, and controls exercised over animal products.

(3)

AT, CY, EE, HU, MT, RO, SI: unbound

BG: none, except those specified in (3) in the Market Access column.

 

 

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

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

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

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

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

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

 

 

 

(4)

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

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

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

AT, BG, CY, EE, HU, MT, RO, SI: unbound

(4)

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

AT, BG, CY, EE, HU, MT, RO, SI: unbound

IT, CZ, SK: residence requirement.

LT: foreigners must pass additional qualification exam.

 

 

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

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

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

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

 

(j)

services provided by nurses, physiotherapists and paramedical personnel

(CPC 93191 (24), except for AT where the following activities of CPC 9319 are covered: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians, psychologists and psychotherapists)

(1)

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

(2)

BG, CY, CZ, EE, HU, MT, RO, SI, SK: unbound

(3)

BG, CY, CZ, EE, HU, MT, RO, SI, SK: unbound

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

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

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

AT: access restricted to natural persons only, except for psychologists and psychotherapists: none

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

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

PL: nationality requirement.

(1)

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

(2)

BG, CY, CZ, EE, HU, MT, RO, SI, SK: unbound

(3)

BG, CY, CZ, EE, HU, MT, RO, SI, SK: unbound

LT: none, except as under market access.

 

 

(4)

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

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

PT: condition of nationality.

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

(4)

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

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

BG, CY, CZ, EE, HU, MT, RO, SI, SK: unbound

 

 

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

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

PL: nationality requirement in the case of midwives and nurses.

BG, CY, CZ, EE, HU, MT, RO, SI, SK: unbound

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

 

 

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

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

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

 

 

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

(1)

Unbound

(2)

AT, BG, CY, CZ, EE, FI, HU, LT, LV, MT, PL, RO, SE, SI, SK: unbound

(1)

Unbound

(2)

AT, BG, CY, CZ, EE, FI, HU, LT, LV, MT, PL, RO, SE, SI, SK: unbound

 

 

(3) (27)

AT, BG, CY, CZ, EE, FI, HU, LV, LT, MT, PL, RO, SE, SI, SK: unbound

DE, DK, ES, EL, IT (28), LU, NL, PT: access restricted to natural persons only.

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

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

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

(3)

AT, BG, CY, CZ, EE, FI, HU, LT, MT, PL, RO, SE, SI, SK: unbound

 

 

(4)

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

(4)

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

 

 

AT, BG, CY, CZ, EE, FI, HU, LV, LT, MT, PL, RO, SE, SI, SK: unbound.

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

DE, EL: condition of nationality.

AT, BG, CY, CZ, EE, FI, HU, LV, LT, MT, PL, RO, SE, SI, SK: unbound

IT, PT: residence requirement.

 

 

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

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

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

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

 

B.

Computer and related services

 

 

 

(a)

consultancy services related to the installation of computer hardware

(CPC 841)

(b)

software implementation services

(CPC 842)

(c)

data processing services (CPC 843)

(d)

database services

(CPC 844)

maintenance and repair (CPC 845)

(e)

other computer services (all Member States, except BG: CPC 849. BG: only data preparation services (CPC 8491))

(1)

None

(2)

None

(3)

None

(4)

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

RO: unbound for (ii).

(1)

None

(2)

None

(3)

None

(4)

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

RO: unbound for (ii).

 

 

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

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

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

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

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

IT: compliance with an economic needs test is required.

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

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

 

C.

Research and Development services

 

 

 

(a)

R&D services on natural sciences

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

(1)

(2) (3) None, except for CY, CZ, FR, IE, LT, MT, PL, RO, SK: unbound

(4)

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

CY, CZ, FR, IE, LT, MT, PL, RO, SK: unbound

(1)

(2) (3) None, except for CY, CZ, FR, IE, LT, MT, PL, RO, SK: unbound

(4)

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

CY, CZ, FR, IE, LT, MT, PL, RO, SK: unbound

 

 

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

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

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

FR:

the researchers are in possession of an employment contract from a research body,

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

compliance with an economic needs test is required,

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

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

 

 

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

 

 

(b)

R&D services on social sciences and humanities

(CPC 852)

(1)

RO: unbound

(2)

RO: unbound

(3)

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

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

RO: unbound

(1)

RO: unbound

(2)

RO: unbound

(3)

RO: unbound

 

 

(4)

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

RO: unbound

(4)

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

IT, PT: residence requirement for psychologists.

RO: unbound

 

 

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

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

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

FR:

the researchers are in possession of an employment contract from a research body,

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

compliance with an economic needs test is required,

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

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

 

 

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

 

 

(c)

interdisciplinary R&D services (CPC 853)

(1)

(2) (3) None, except for CY, CZ, FR, IE, LT, LV, MT, PL, RO, SK: unbound

(4)

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

CY, CZ, EE, IE, LT, LV, MT, PL, RO, SK: unbound

(1)

(2) (3) None, except for CY, CZ, FR, IE, LT, LV, MT, PL, RO, SK: unbound

(4)

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

CY, CZ, EE, IE, LT, LV, MT, PL, RO, SK: unbound

 

 

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

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

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

FR:

the researchers are in possession of an employment contract from a research body,

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

compliance with an economic needs test is required,

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

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

 

 

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

 

 

D.

Real estate services (29)

 

 

 

(a)

involving own or leased property

(CPC 821)

(1)

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

(2)

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

(3)

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

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

(1)

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

(2)

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

(3)

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

 

 

(4)

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

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

(4)

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

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

IT, PT: residence requirement.

 

(b)

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

(CPC 822)

(1)

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

(2)

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

(3)

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

ES: access is restricted to natural persons.

(1)

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

(2)

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

(3)

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

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

 

 

(4)

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

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

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

(4)

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

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

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

IT, PT: residence requirement.

 

E.

Rental/leasing services without operators

 

 

 

(a)

relating to ships

(CPC 8310(3)

(1)

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

BG, CY, HU, MT, PL, RO: unbound

(2)

BG, CY, MT, PL, RO: unbound

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

(3)

BG, CY, MT, PL, RO: unbound

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

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

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

(1)

BG, CY, MT, PL, RO: unbound

(2)

BG, CY, MT, PL, RO: unbound

(3)

BG, CY, MT, PL, RO: unbound

 

 

(4)

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

BG, CY, MT, PL, RO: unbound

(4)

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

BG, CY, MT, PL, RO: unbound

 

(b)

relating to aircraft

(CPC 83104)

(1)

BG, CY, CZ, HU, LV, MT, PL, RO, SK: unbound

(2)

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

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(1)

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(2)

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

 

 

(3)

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

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(3)

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

 

 

(4)

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

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(4)

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

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

 

(c)

relating to other transport equipment

(CPC 83101, 83102, 83105)

(1)

BG, CY, HU, LV, MT, PL, RO, SI: unbound

(2)

BG, CY, LV, MT, PL, RO, SI: unbound

(3)

BG, CY, LT, LV, MT, PL, RO, SI: unbound

(4)

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

BG, CY, LT, LV, MT, PL, RO, SI: unbound

(1)

BG, CY, LV, MT, PL, RO, SI: unbound

(2)

BG, CY, LV, MT, PL, RO, SI: unbound

(3)

BG, CY, LT, LV, MT, PL, RO, SI: unbound

(4)

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

BG, CY, LT, LV, MT, PL, RO, SI: unbound

 

(d)

relating to other machinery and equipment

(CPC 83106, 83107, 83108, 83109)

(1)

BG, CY, CZ, HU, LV, MT, PL, RO, SK: unbound

(2)

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(3)

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(4)

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

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(1)

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(2)

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(3)

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(4)

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

BG, CY, CZ, LV, MT, PL, RO, SK: unbound

 

(e)

other (CPC 832)

EE, LV, LT: including pre-recorded videocassettes for use in home entertainment equipment (CPC 83202)

(1)

all Member States, except EE, LV, LT: unbound

EE, LT, LV: none

(2)

all Member States, except EE, HU, LV, LT: unbound

EE, HU, LV, LT: none

(3)

all Member States, except EE, HU, LV, LT: unbound

EE, HU, LV, LT: none

(4)

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

all Member States, except for EE, HU, LV, LT: unbound

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

(1)

all Member States, except EE, HU, LV, LT: unbound

EE, HU, LV, LT: none

(2)

all Member States, except EE, HU, LV, LT: unbound

EE, HU, LV, LT: none

(3)

all Member States, except EE, HU, LV, LT: unbound

EE, HU, LV, LT: none

(4)

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

all Member States, except for EE, HU, LV, LT: unbound.

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

LV, LT: none

 

Rental services with operators

rental of vessels with crew

(CPC 7213, 7223)

(1)

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

AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SK, SI: unbound

(2)

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

AT, BG, CY, EE, HU, MT, PL, RO, SE, SI, SK: unbound

(3)

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

AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SK, SI: unbound

(4)

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

BG, CY, EE, HU, LT, MT, PL, RO, SE, SI, SK: unbound

(1)

AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SK, SI: unbound

(2)

AT, BG, CY, EE, HU, LV, MT, PL, RO, SE, SI, SK: unbound

(3)

AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SK, SI: unbound

(4)

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

BG, CY, EE, HU, LT, MT, PL, RO, SE, SI, SK: unbound

 

Rental of commercial road vehicles with operator

(CPC 7124)

(1)

AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: unbound

(2)

AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: unbound

(3)

AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: unbound

(4)

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

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: unbound

(1)

AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: unbound

(2)

AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: unbound

(3)

AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: unbound

(4)

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

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: unbound

 

F.

Other business services

 

 

 

(a)

advertising (all Member States, except BG, PL, SI: CPC 871;

BG: CPC 871 excluding advertising of alcohol, alcoholic beverages, medicines, tobacco and tobacco products;

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

SI: CPC 8711 (24) and 8712 (24), excluding direct mail advertising, outdoor advertising and excluding for goods subject to import authorisation and excluding pharmaceutical)

(1) (2) (3)

RO: unbound

(4)

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

RO: unbound

(1) (2) (3)

RO: unbound

(4)

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

RO: unbound

 

 

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

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

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

EL: relevant qualifications and five years’ professional experience.

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

 

(b)

market research and opinion polling

(CPC 864)

(1) (2) (3)

RO: unbound

(4)

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

RO: unbound

(1) (2) (3)

RO: unbound

(4)

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

RO: unbound

 

 

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

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

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

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

 

(c)

management consulting services

(CPC 865)

(1) (2) (3)

None

(4)

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

RO: unbound for (ii).

(1) (2) (3)

None

(4)

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

RO: unbound for (ii).

 

 

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

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

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

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

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

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

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

 

(d)

services related to management consulting

(CPC 866)

(1)

(2) (3) BG, HU: unbound

(4)

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

BG, HU: unbound

RO: unbound for (ii).

(1)

(2) (3) BG, HU: unbound

(4)

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

BG, HU: unbound

RO: unbound for (ii).

 

 

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

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

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

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

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

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

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

 

(e)

technical testing and analysis services

(all Member States, except BG: CPC 8676. BG: only technical testing and analysis services, except for services related to issuance of official certificates and similar documents (part of CPC 8676))

(1)

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

BG, CY, CZ, MT, PL, RO, SK, SE: unbound

(2)

CY, CZ, MT, PL, RO, SK, SE: unbound

(1)

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

BG, CY, CZ, MT, PL, RO, SK, SE: unbound

(2)

CY, CZ, MT, PL, RO, SK, SE: unbound

 

 

(3)

ES: access for chemical analysis through natural persons only.

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

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

BG, CY, CZ, MT, PL, RO, SK, SE: unbound

(3)

BG, CY, CZ, MT, PL, RO, SK, SE: unbound

 

 

(4)

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

CY, CZ, MT, PL, RO, SK, SE: unbound

(4)

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

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

CY, CZ, MT, PL, RO, SK: unbound

 

 

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

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

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

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

UK: compliance with an economic needs test is required.

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

 

(f)

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

BG, HU: part of CPC 881

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

(1)

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

RO: unbound

(2)

RO: unbound

(3)

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

PT: access for agronomist is restricted to natural persons.

(1)

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

RO: unbound

(2)

RO: unbound

(3)

RO: unbound

 

 

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

RO: unbound

 

 

 

(4)

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

RO: unbound

(4)

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

IT, PT: residence requirement for agronomists.

RO: unbound

 

 

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

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

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

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

 

(g)

advisory and consulting services relating to fishing

BG: part of CPC 882

(1)

(2) (3) CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: unbound

(4)

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

CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: unbound

(1)

(2) (3) CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: unbound

(4)

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

CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: unbound

 

 

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

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

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

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

 

(h)

services relating to mining

BG: services on contract basis for repair and dismantling of equipment in oil and gas fields (part of CPC 883)

(1)

BG, RO: unbound

(2)

RO: unbound

(3)

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

BG, LT, RO: unbound

(4)

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

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

LT, RO: unbound

(1)

BG, RO: unbound

(2)

RO: unbound

(3)

BG, LT, RO: unbound

(4)

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

PT: residence requirement.

LT, RO: unbound

 

 

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

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

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

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

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

 

(i)

services incidental to manufacturing

BG: services on contract basis for the installation, repair and maintenance of factory equipment (part of CPC 885)

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

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

(1)

All Member States, except BG, EE, HU: unbound

BG, EE, HU: none

(2)

All Member States, except BG, EE, HU: unbound

BG, EE, HU: none

(3)

All Member States, except BG, EE, HU: unbound

BG, EE, HU: none

(4)

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

All Member States, except BG, EE, HU: unbound

BG, EE, HU: unbound, except as indicated in the horizontal section.

(1)

All Member States, except BG, EE, HU: unbound

BG, EE, HU: none

(2)

All Member States, except BG, EE, HU: unbound

BG, EE, HU: none

(3)

All Member States, except BG, EE, HU: unbound.

BG, EE, HU: none

(4)

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

All Member States, except BG, EE, HU: unbound

BG, EE, HU: unbound, except as indicated in the horizontal section.

 

(j)

services incidental to energy distribution

(LV: CPC 887.

HU: only consultancy services, ex CPC 887.

LT: covers consultancy services related to the transmission and distribution on a fee basis of electricity, gaseous fuels, steam and hot water to household, industrial, commercial and other users, CPC 887 (30).

SI: Services Incidental to Energy Distribution — for gas only (31) — part of CPC 887)

(1)

(2) (3) All Member States, except HU, LV, LT, SI: unbound

HU, LV, LT, SI: none

(4)

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

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

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

(1)

(2) (3) All Member States, except HU, LV, LT, SI: unbound

HU, LV, LT, SI: none

(4)

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

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

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

LV: none

 

(k)

placement and supply services of personnel

Executive search services

(CPC 87201)

(1)

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

(2)

AT, BG, FI, CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: unbound

(3)

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

ES: State monopoly.

(4)

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

AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SK, SI: unbound

(1)

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

(2)

AT, BG, FI, CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: unbound

(3)

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

(4)

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

AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SK, SI: unbound

 

Placement services

(CPC 87202)

(1)

All Member States, except HU: unbound

HU: none

(2)

AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SK: unbound

(3)

AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, PT, RO, SK: unbound

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

BE, FR, ES, IT: State monopoly.

(4)

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

AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SK: unbound

(1)

All Member States, except HU: unbound

HU: none

(2)

AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SK: unbound

(3)

AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, PT, SK: unbound

(4)

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

AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SK: unbound

 

Supply services of office support personnel

(CPC 87203)

(1)

AT, BG, DE, FR, IT, IE, NL, PT, RO, SK: unbound

(2)

AT, BG, FI, RO, SK: unbound

(3)

AT, BG, DE, FI, PT, RO, SK: unbound

IT: State monopoly.

(4)

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

AT, BG, FI, RO, SK: unbound

(1)

AT, BG, DE, FR, IT, IE, NL, PT, RO, SK: unbound

(2)

AT, BG, FI, RO, SK: unbound

(3)

AT, BG, DE, FI, PT, RO, SK: unbound

(4)

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

AT, BG, FI, RO, SK: unbound

 

(l)

security services

(CPC 87302, 87303, 87304, 87305)

(1)

BE, BG, CY, CZ, ES, EE, FR, IT, LV, LT, MT, PT, RO, PL, SI, SK: unbound

(2)

BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: unbound

(3)

BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: unbound

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

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

(1)

BE, BG, CY, CZ, ES, EE, FR, IT, LV, LT, MT, PT, PL, RO, SI, SK: unbound

(2)

BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: unbound

(3)

BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: unbound

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

 

 

(4)

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

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

FR: requirement of nationality for managing directors and directors.

BE: condition of nationality for management personnel.

ES, PT: nationality requirement for specialised personnel.

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

BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: unbound

(4)

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

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

BE: residence requirement for management personnel.

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

BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: unbound

 

(m)

related scientific and technical consulting services (32) (CPC 8675)

(1)

FR: unbound for exploration services.

BG, RO: unbound

(2)

BG, RO: unbound

(1)

FR: unbound for exploration services.

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

BG, RO: unbound

(2)

 

 

 

(3)

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

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

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

PT: access restricted to natural persons.

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

BG, RO: unbound

3)

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

BG, RO: unbound

 

 

(4)

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

DE: conditions of nationality for publicly appointed surveyors.

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

BG, RO: unbound

(4)

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

IT, PT: residence requirement.

BG, RO: unbound

 

 

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

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

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

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

DE: conditions of nationality for publicly appointed surveyors.

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

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

 

(n)

maintenance and repair of equipment

(not including maritime vessels, aircraft or other transport equipment)

(all Member States, except BG, EE, LT, LV: CPC 633, 8861, 8866. BG: repair services of personal and household goods (excluding jewellery) CPC 63301, 63302, part of 63303, 63304, 63309. EE, LT, LV: 633, 8861-8866)

(1)

BG, RO: unbound

(2)

(3) RO: unbound

(4)

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

RO: unbound

(1)

BG, RO: unbound

(2)

(3) RO: unbound

(4)

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

RO: unbound

 

 

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

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

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

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

 

(o)

building-cleaning services (CPC 874)

(1)

Unbound (33).

(2) (3)

RO: unbound

(4)

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

RO: unbound

(1)

Unbound (33).

(2) (3)

RO: unbound

(4)

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

RO: unbound

 

(p)

photographic services

(all Member States, except BG: CPC 875. All Member States excluding BG, CZ, EE, LV, PL: excluding retail. BG: part of CPC 87501, 87502, 87503, part of 87504, 87506, 87507 excluding passport and aerial photography. PL: excluding aerial photography)

(1)

All Member States, except BG, EE, HU, LV, LT, PL, RO: unbound, except for aerial photography: none

BG, EE, HU, LV, LT, PL: none

RO: unbound

(2)

RO: unbound

(3)

BG: none, except for the X-ray photo labs that are subject to licensing.

RO: unbound

(4)

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

RO: unbound

(1)

All member states, except BG, CZ, HU, LV, LT, PL, RO: unbound, except for aerial photography: none

BG, CZ, HU, LV, LT, PL: none

RO: unbound

(2)

RO: unbound

(3)

RO: unbound

(4)

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

RO: unbound

 

 

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

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

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

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

 

(q)

packaging services

(CPC 876)

(1)

Unbound (33).

(2) (3)

RO: unbound

(4)

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

RO: unbound

(1)

Unbound

(2) (3)

RO: unbound

(4)

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

RO: unbound

 

(r)

printing and publishing

(CPC 88442)

(1) (2)

BG, RO: unbound

(3)

IT: foreign participation in publishing companies limited to 49 % of capital or of voting rights.

LT: establishment rights in publishing sector granted only to Lithuanian incorporated legal persons.

LV: establishment rights in publishing sector granted only to Latvian incorporated legal persons

PL: nationality requirement for the editor-in-chief of newspapers and journals.

SK: establishment rights in publishing sector granted only to Slovak incorporated legal persons.

BG, RO: unbound

(4)

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

PL: nationality requirements for the editor-in-chief of newspapers and journals.

BG, RO: unbound

(1) (2)

BG, RO: unbound

(3)

BG, RO: unbound

(4)

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

BG, RO: unbound

 

(s)

convention services

(AT: only exhibition management services)

(1) (2) (3)

BG, RO: unbound

(4)

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

BG, RO: unbound

(1) (2) (3)

BG, RO: unbound

(4)

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

BG, RO: unbound

 

 

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

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

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

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

 

(t)

other

 

 

 

Translation services

(CPC 87905)

(HU: except official translation. PL: excluding services of sworn interpreters. SK: except authorised public translation and interpretation)

(1) (2)

BG, RO: unbound

(3)

BG, RO: unbound

(4)

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

DK: authorised public translators and interpreters: citizenship condition unless waived by the Danish Commerce and Companies Agency.

BG, RO: unbound

(1) (2)

BG, RO: unbound

(3)

DK: authorisation for authorised public translators and interpreters may limit the scope of activity.

BG, RO: unbound

(4)

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

DK: authorised public translators and interpreters: residence requirement unless waived by the Danish Commerce and Companies Agency.

BG, RO: unbound

 

 

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

EL: relevant qualifications and five years’ professional experience.

IT, IE, SE, UK: relevant qualifications and three years’ professional experience.

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

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

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

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

 

Interior design services

(CPC 87907) (24)

(1)

BG, RO: unbound

(2)

BG, RO: unbound

(3)

BG, RO: unbound

(4)

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

BG, RO: unbound

(1)

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

BG, RO: unbound

(2)

BG, RO: unbound

(3)

BG, RO: unbound

(4)

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

BG, RO: unbound

 

2.

COMMUNICATION SERVICES

 

 

 

Postal and courier services (34)

Services relating to the handling (35) of postal items (36) according to the following list of sub-sectors, whether for domestic or foreign destinations.

Sub-sectors (i), (iv) and (v) may be excluded when they fall into the scope of the services which may be reserved, which is: for items of correspondence the price of which is less than five times the public basic tariff, provided that they weigh less than 350 grams (37), plus the registered mail service used in the course of judicial or administrative procedures.

(1) (2) (3)

All member states, except BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SK, SI: licensing systems may be established for sub-sectors (i) to (v) for which a general Universal Service Obligation exists. These licences may be subject to particular universal service obligations and/or financial contribution to a compensation fund.

BG, CY, HU, LV, MT, RO, SI: unbound

EE, LT: unbound, except for (v): none

PL: unbound, except for (v): none, excluding written correspondence (e.g. letters).

CZ, SK: unbound, except for (v) under mode 2 and 3: none.

(1)

(2) (3) All member states, except BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SK, SI: none

BG, CY, HU, LV, MT, RO, SI: unbound

EE, LT: unbound, except for (v): none

PL: unbound, except for (v): none, excluding written correspondence (e.g. letters). CZ, SK: unbound, except for (v) under mode 2 and 3: none

Independent national regulatory authorities have been established to ensure compliance with postal regulation and to deal with conflicts between commercial partners (public or private). The right to a Postal Universal Service is ensured.

(4)

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

BG, CY, HU, LV, MT, RO, SI: unbound

CZ, EE, LT, PL, SK: unbound, except for (v) where unbound, except as indicated in the horizontal section under (i) and (ii) (PL: excluding written correspondence, e.g. letters).

(4)

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

BG, CY, HU, LV, MT, RO, SI: unbound

CZ, EE, LT, PL, SK: unbound, except for (v) where unbound, except as indicated in the horizontal section under (i) and (ii) (PL: excluding written correspondence, e.g. letters)

(i)

handling of addressed written communications on any kind of physical medium (38), including:

hybrid mail service,

direct mail.

(ii)

handling of addressed parcels and packages (39);

(iii)

handling of addressed press products (40);

(iv)

handling of items referred to in (i) to (iii) above as registered or insured mail;

(v)

express delivery services (41) for items referred to in (i) to (iii) above;

(vi)

handling of non-addressed items;

(vii)

document exchange (42);

(viii)

other services not elsewhere specified.

 

 

 

(2)

Telecommunications services

 

 

 

Telecommunications services are the transport of electro-magnetic signals — sound, data image and any combinations thereof, excluding broadcasting (43). Therefore, commitments in this schedule do not cover the economic activity consisting of content provision which require telecommunications services for its transport. The provision of that content, transported via a telecommunications service, is subject to the specific commitments undertaken by the Community and its Member States in other relevant sectors.

BG: measures applicable to all sectors in communication services:

1.

The setting up of public or private telecommunications networks is subject to licensing. All services have to be provided over licensed networks or over leased lines as part of licensed networks. Licences are issued by a Bulgarian authorised body to the applicant personally and cannot be transferred to a third party. Simple resale of telecommunication services is not permitted.

2.

The connection to a public network is permitted according to the licence conditions for the public network and depending on technical possibilities. Terminal equipment intended for direct or indirect connection to a public or private telecommunications network can be connected to a network termination point if it is assessed for conformity with essential requirements.

3.

Natural and juridical persons exercising statistical activity and setting up information systems are to use concepts, nomenclatures and classifications which are compatible with those established by the National Statistical Institute.

Domestic and international

Domestic and international services provided using any network technology, on a facilities based or resale basis, for public and non-public use, in the following market segments (these correspond to the following CPC numbers: 7521, 7522, 7523, 7524 (44), 7525, 7526 and 7529 (44), broadcasting is excluded):

 

 

 

ALL SECTORS

BG:

the installation and usage of telecommunication equipment and networks and the provision of telecommunication services require a concession, licence, permission or registration from a Bulgarian authorised body.

The number of licences may be limited depending on the availability of scarce resources and for technical reasons (numbering capacity, temporary lack of access points).

*BTC LTD — Bulgarian Telecommunications company LTD.

RO:

licenses and permissions are granted only to entities with Romanian juridical personality established according to Romanian legislation.

Only Romanian Signatories have the right to links with International Satellite Organizations.

 

BG: as annexed.

RO: as attached.

Network operations and services supply require licences or permissions issued by the regulatory authority.

Licensing conditions, for all subsectors, may provide for the application of the universal service principles as defined by the regulatory authority.

(a)

voice telephone services

(b)

packet-switched data transmission services

(c)

circuit-switched data transmissions services

(d)

telex services

(e)

telegraph services

(f)

facsimile services

(g)

leased circuit services

(h)

electronic mail

(i)

voice mail

(j)

online information and database retrieval

(k)

Electronic Data Interchange (EDI)

(l)

enhanced/value added facsimile services, incl. Store and forward, store and retrieve

(m)

code and protocol conversion

(1)

BG: for facsimile services: only through the use of the international network of BTC Ltd. For leased circuit services: sale and lease of capacity of leased circuits is not allowed. For electronic mail, voice mail, Electronic Data Interchange: unbound

PL: for telecommunications services provided using cable television and radio network services: unbound

(2)

BG: for electronic mail, voice mail, Electronic Data Interchange (EDI): unbound

PL: for telecommunications services provided using cable television and radio network services: unbound

(3)

BG: for facsimile services: only through the use of the international network of BTC Ltd. For Leased circuit services: sale and lease of capacity of leased circuits is not allowed. For electronic mail, voice mail, online information and database retrieval and Electronic Data Interchange (EDI): unbound

PL: for telecommunications services provided using cable television and radio network services: the limitation of foreign capital and voting rights is 49 %.

SI: foreign participation may not exceed 99 % of the equity. Licence for operation granted is subject to obligations of value-added telecommunication service providers, to use basic telecommunications network.

(4)

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

BG: for electronic mail, voice mail, Electronic Data Interchange (EDI): unbound

RO: unbound for (ii).

(1) (2) (3)

BG: for electronic mail, voice mail, Electronic Data Interchange (EDI): unbound

(4)

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

BG: for electronic mail, voice mail, Electronic Data Interchange (EDI): unbound

RO: unbound for the category (ii).

BE: licensing conditions may address the need to guarantee universal service, including through financing, in a transparent, non-discriminatory and competitively neutral manner and will not be more burdensome than necessary.

(n)

other services: mobile and personal communications services and systems

(1)

(2) For paging: unbound, except pan-European paging systems.

(3)

PL: for public cellular mobile telephone services and networks: none, except that the limitation of foreign capital and voting rights is 49 %.

SI: foreign participation may not exceed 99 % of the equity. Licence for operation granted is subject to obligations of value-added telecommunication service providers, to use basic telecommunications network.

(4)

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

RO: unbound for (ii).

(1) (2) (3)

None

(4)

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

RO: unbound for (ii).

BE: licensing conditions may address the need to guarantee universal service, including through financing, in a transparent, non-discriminatory and competitively neutral manner and will not be more burdensome than necessary.

Satellite services

(1) (2) (3)

All Member States, except BG: unbound

BG: none

(4)

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

All Member States, except BG: unbound

BG: unbound, except as indicated in the horizontal section.

(1) (2) (3)

All Member States, except BG: unbound

BG: none

(4)

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

All Member States, except BG: unbound

BG: unbound, except as indicated in the horizontal section.

 

VSAT services:

for public use

for non-public use

(1) (2) (3)

All Member States, except BG, RO: unbound

BG: none

RO: unbound for public use.

(4)

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

All Member States, except BG, RO: unbound

BG: unbound, except as indicated in the horizontal section.

RO: unbound, except as indicated in the horizontal section. Unbound for public use. Unbound for business visitors.

(1) (2) (3)

All Member States, except BG, RO: unbound

BG: none

RO: unbound for public use.

(4)

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

All Member States, except BG, RO: unbound

BG: unbound, except as indicated in the horizontal section.

RO: unbound, except as indicated in the horizontal section. Unbound for public use. Unbound for business visitors.

 

Telecommunications-related services

 

 

 

Equipment rental services

(CPC 7541)

Equipment sales services

(CPC 7542)

Consulting services

(CPC 7544)

(1) (2) (3)

All Member States, except BG: unbound

BG: none

(4)

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

All Member States, except BG: unbound

BG: unbound, except as indicated in the horizontal section.

(1) (2) (3)

All Member States, except BG: unbound

BG: none

(4)

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

All Member States, except BG: unbound

BG: unbound, except as indicated in the horizontal section.

 

3.

CONSTRUCTION AND RELATED ENGINEERING SERVICES

 

 

 

(all Member States, except BG: CPC 511, 512, 513, 514, 515, 516, 517, 518. BG: CPC 512, 5131, 5132, 5135, 514, 5161, 5162, 51641, 51643, 51644, 5165, 517.)

(1)

For all Member States, except BG, RO, HU, MT: unbound (33) except for 5111 and 5114: none

BG, RO, HU, MT: unbound

(2)

BG: none, except for subsectors other than CPC 517: none, except for the conditions specified in (4) below.

HU, MT: unbound

RO: unbound for CPC 511, 515, 518

(3)

HU, MT: unbound

BG: none, except for subsectors other than CPC 517: foreign persons are to provide the services only in partnership with, or as subcontractors of, local service suppliers where the project is of national or regional significance. This does not apply to projects which have been put up for international auction won by foreign service suppliers.

Accreditation requirement. The main scope of the foreign person’s activity to be the relevant services; experience in the field of construction; projects performed during the last two years; staff and technical capacity; bank references from a first rank foreign bank. Services must be supplied through employees under the conditions specified in (4) below.

IT: exclusive rights are granted for construction, maintenance and management of highways and the airport of Rome.

(1)

For all Member States, except BG, RO, HU, MT: unbound (33) except for CPC 5111 and 5114: none

BG, RO, HU, MT: unbound

(2)

HU, MT: unbound

RO: unbound for CPC 511, 515, 518.

(3)

HU, MT: unbound

 

 

(4)

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

BG: for subsectors other than CPC 517: access is limited to natural persons upon recognition of their technical qualification and subject to accreditation by a professional chamber in the Republic of Bulgaria.

Accreditation is subject to following criteria: recognised technical qualification in Bulgaria; experience in the field of construction; projects performed during the last two years.

HU, MT: unbound

RO: unbound for (ii).

(4)

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

HU, MT: unbound

RO: unbound for (ii).

 

 

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

NL: university degree and professional qualifications and three years’ professional experience in the sector.

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

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

FR: unbound, except for measures concerning the temporary entry of technicians under the following conditions:

the technician is an employee of a legal person within the territory of Chile and is transferred to a commercial presence in FR which has a contract with that legal person,

the work permit is delivered for a period not exceeding six months,

the technician presents a work certificate from the commercial presence in FR and a letter from the legal person within the territory of Chile demonstrating its agreement to the transfer,

compliance with an economic needs test is required,

the commercial presence body must pay a tax to the International Migration Office.

Unbound, except for BE, DK, ES, FR and NL where: as indicated in the horizontal section under (iii).

 

 

Unbound, except for DE, SE and UK where as indicated in the horizontal section under (iii), only for CPC 5111, and subject to the following specific limitations:

SE, UK: university degree and professional qualifications and three years' professional experience in the sector.

UK: compliance with an economic needs test is required.

DE: unbound, except for limited range of services of site investigation work where: university degree and professional qualifications, and three years’ professional experience in the sector.

Unbound, except for DE, SE and UK where as indicated in the horizontal section under (iii), only for CPC 5111.

 

4.

DISTRIBUTION SERVICES (45)

 

 

 

A.

Commission agents’ services (all Member States, except BG, RO: CPC 621, 6111, 6113, 6121. BG (46): part of CPC 62113 and 62114, 62115, 62116. RO: CPC 621)

(1)

FR: unbound for traders and brokers working in market of national interest.

BG, MT: unbound

(2)

MT: unbound

(3)

MT: unbound

(4)

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

MT: unbound

FR: condition of nationality for activities of traders, commissioners, and brokers working in twenty (20) markets of national interest.

RO: unbound for (ii).

(1)

BG: unbound

FR: unbound for traders and brokers working in market of national interest.

(2)

MT: unbound

(3)

MT: unbound

(4)

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

MT: unbound

IT: residence requirement.

RO: unbound for (ii).

 

B.

Wholesale trade services (47)

(all Member States excluding PL: CPC 622, 61111, 6113, 6121. PL: CPC 622 excluding 62226, 62228, 62251, 62252)

(1) (48)

FR: unbound for pharmacies.

BG, MT: unbound

RO: unbound, except for CPC 622: none

(2)

MT: unbound

RO: unbound, except for CPC 622: none

(3) (49)

BG: Licensing for specialised wholesaling services. Economic needs test, the main criteria are: the number and the impact on existing stores, population density, geographic spread, impact on traffic conditions.

FR: Wholesale pharmacies are authorised according to the needs of the population and within established quotas.

PL: Licensing of establishment of companies in the area of wholesale trade in imported consumer goods.

MT: unbound

(4)

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

MT: unbound

FR: condition of nationality for wholesale of pharmaceuticals.

RO: unbound for (ii).

(1)

BG, MT: unbound

RO: unbound, except for CPC 622: none

(2)

MT: unbound

RO: unbound, except for CPC 622: none

(3)

BG, MT: unbound

(4)

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

MT: unbound

IT: residence requirement

RO: unbound for (ii).

 

C.

Retailing services (50)

(all Member States, except BG: CPC 631, 632, 61112, 6113, 6121, 613. BG: CPC 61112; part of CPC 6113; part of CPC 6121; CPC 631 excluding 63107 and 63108; CPC 63211; CPC 6322; CPC 6323; CPC 6324; part of CPC 63292, 63297)

(1)

BG, MT: unbound

RO: unbound, except for CPC 631 + 632: none

(2)

MT: unbound

RO: unbound, except for CPC 631 + 632: none

(3) (51)  (52)

BE, DK, FR, IT, PT: economic needs test on department stores applied on a national treatment basis.

BG: licensing for specialised retail sales. Economic needs test for the establishment of department stores, the main criteria are: the number and the impact on existing stores, population density, geographic spread, impact on traffic conditions.

SE: individual municipalities may apply economic needs test to temporary trade in clothing, shoes and foodstuffs that are not consumed at the point of sale (53)

MT: unbound

(4)

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

MT: unbound

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

RO: unbound for (ii).

(1)

BG, MT: unbound

RO: unbound, except for CPC 631 + 632: none

(2)

MT: unbound

RO: unbound, except for CPC 631+ 632: none

(3)

MT: unbound

(4)

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

MT: unbound

RO: unbound for (ii).

 

D.

Franchising

(CPC 8929)

(1)

MT, RO: unbound

BG: access is granted to juridical persons only.

(2)

MT, RO: unbound

(3)

BG, MT, RO: unbound

(4)

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

MT, RO: unbound

(1)

(2) (3) MT, RO: unbound

(4)

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

MT, RO: unbound

 

5.

PRIVATELY-FUNDED EDUCATION SERVICES

 

 

 

A.

Primary education services (all Member States, except EE: CPC 921. EE: compulsory primary education services)

(1)

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

BG, CY, FI, MT, RO, SE, SI: unbound

(2)

CY, FI, MT, RO, SE, SI: unbound

(3)

CY, FI, MT, RO, SE, SI: unbound

BG: access is granted to privately funded primary schools constituted as juridical persons upon authorisation by the Council of Ministers. Compliance with the State educational and health requirements is a condition.

Unbound for natural persons and associations.

CZ: foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution, and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: establishment of schools is subject to licence from the local authorities.

SK: foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution, and to teach subject to complying with qualification and material requirements on establishment of such an institution.

(1)

CY, FI, MT, RO, SE, SI: unbound

(2)

CY, FI, MT, RO, SE, SI: unbound

(3)

CY, FI, MT, RO, SE, SI: unbound

CZ: none other than: majority of members of the Board must be of Czech nationality.

LT: none, except for permit issued by the Ministry of Education and Science for the State recognised teaching institutions required.

SK: none other than: majority of members of the Board have to be of Slovak citizenship.

 

(4)

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

CY, FI, MT, RO, SE, SI: unbound

BG: unbound, except as indicated in the horizontal section and in (3) above.

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

(4)

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

CY, FI, MT, RO, SE, SI: unbound

BG: condition of Bulgarian citizenship. Foreign citizens may teach on the conditions of permanent residence, recognition of their education and professional qualification.

B.

Secondary education services

(all Member States, except EE: CPC 922. EE: compulsory and non compulsory secondary education services. LV: excluding CPC 9224)

(1)

BG, CY, FI, MT, RO, SE: unbound

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

(2)

CY, FI, MT, RO, SE: unbound

(3)

CY, FI, MT, RO, SE: unbound

BG: access is granted to privately funded primary schools constituted as juridical persons upon authorisation by the Council of Ministers. Compliance with the State educational and health requirements is a condition.

Unbound for natural persons and associations.

CZ: foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution, and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: establishment of schools is subject to licence from the local authorities.

SK: foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution, and to teach subject to complying with qualification and material requirements on establishment of such an institution.

(4)

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

CY, FI, MT, RO, SE: unbound

BG: unbound, except as indicated in the horizontal section and in (3) above.

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

(1)

CY, FI, MT, RO, SE: unbound

(2)

CY, FI, MT, RO, SE: unbound

(3)

CY, FI, MT, RO, SE: unbound

LT: none, except for permit issued by the Ministry of Education and Science for the State recognised teaching institutions required.

SI: none other than: majority of the Board must be of Slovenian nationality.

SK: none other than: majority of members of the Board have to be of Slovak citizenship.

(4)

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

CY, FI, MT, RO, SE: unbound

BG: condition of Bulgarian citizenship. Foreign citizens may teach on the conditions of permanent residence, recognition of their education and professional qualification.

 

C.

Higher education services

(all Member States, except CZ and SK: CPC 923. CZ and SK: only CPC 92310)

(1)

FR: condition of nationality. However, third-country nationals can have authorisation from competent authorities to establish and direct an education institution, and to teach.

AT, BG, CY, FI, MT, RO, SE: unbound

(2)

AT, BG, CY, FI, MT, RO, SE: unbound

(3)

ES, IT: needs test for opening of private universities authorised to issue recognised diplomas or degrees.

AT, BG, CY, FI, MT, RO, SE: unbound

EL: unbound for education institutions granting recognised State diplomas.

CZ: foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution, and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: establishment of schools is subject to licence from the central authorities.

SK: foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution, and to teach subject to complying with qualification and material requirements on establishment of such an institution.

(4)

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

AT, BG, CY, FI, MT, RO, SE: unbound

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

(1)

AT, BG, CY, FI, MT, RO, SE: unbound

(2)

AT, BG, CY, FI, MT, RO, SE: unbound

(3)

AT, BG, CY, FI, MT, RO, SE: unbound

SI: none other than: majority of the Board must be of Slovenian nationality.

SK: none other than: majority of members of the Board have to be of Slovak citizenship.

(4)

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

AT, BG, CY, FI, MT, RO, SE: unbound

 

 

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

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

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

FR:

the professors have obtained an employment contract from a university or other higher education institution,

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

compliance with an economic needs test is required unless those professors are designated directly by the Minister in charge of higher education,

the recruiting institution must pay a tax to the International Migration Office.

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

 

 

For HU only: personalities of internationally recognised reputation who have been invited by higher education institutions for the duration of the invitation.

 

 

D.

Adult education services (CPC 924; for AT CPC 9240 except education services for adults by means of radio or television broadcasting. For EE: it also covers other adult education services not provided by the State)

(1)

(2) CY, FI, MT, RO, SE: unbound

(3)

CZ: foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution, and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: establishment of schools is subject to licence from the local (or in case of high-schools from the central) authorities.

SK: foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution, and to teach subject to complying with qualification and material requirements on establishment of such an institution.

CY, FI, MT, RO, SE: unbound

(4)

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

CY, FI, MT, RO, SE: unbound

(1)

(2) CY, FI, MT, RO, SE: unbound

(3)

CY, FI, MT, RO, SE: unbound

CZ: none other than: majority of members of the Board must be of Czech nationality.

SK: none other than: majority of members of the Board have to be of Slovak citizenship.

(4)

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

CY, FI, MT, RO, SE: unbound

 

 

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

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

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

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

 

6.

ENVIRONMENTAL SERVICES (54), (55)

 

 

 

BG: the commitments do not include environmental services supplied in the exercise of governmental authority (56)

SE: the offer does not include public works functions whether owned and operated by municipalities, State or federal governments or contracted out by these governments

 

 

 

A.

Water for human use and waste water management

Water collection, purification and distribution services through mains, except steam and hot water.

(1)

Unbound (33).

(2)

None, except BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SI, SK: unbound

(3)

None, except AT, BG, DE, UK, CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: unbound

(4)

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

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SI, SK: unbound

(1)

Unbound (33).

(2)

None, except BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SI, SK: unbound

(3)

None, except AT, BG, DE, UK, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SI, SK: unbound

(4)

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

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SI, SK: unbound

 

 

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

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

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

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

 

Waste water services

(all Member States, except BG: CPC 9401, part of 18000. BG: CPC 9401)

(1)

All Member States, except EE, LT, LV: unbound

EE, LT, LV: none

(2) (3)

HU, RO: unbound.

(4)

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

HU, RO: unbound

(1)

All Member States, except EE, LT, LV: unbound

EE, LT, LV: none

(2) (3)

HU, RO: unbound

(4)

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

HU, RO: unbound

 

 

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

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

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

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

 

B.

Solid/hazardous waste management (CPC 9402, 940(3)

(1)

All Member States, except EE, HU: unbound

EE, HU: none

(2) (3)

RO: unbound

(4)

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

RO: unbound

(1)

All Member States, except EE, HU: unbound

EE, HU: none

(2) (3)

RO: unbound

(4)

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

RO: unbound

 

 

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

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

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

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

 

C.

Protection of ambient air and climate

(all Member States, except BG: CPC 9404. BG: monitoring services of exhaust gases (part of CPC 9404)

(1)

All Member States, except EE, LT, PL, RO: unbound

EE, LT, PL, RO: none

(2)

None

(3)

SE: government-owned monopoly for control services of exhaust gas from cars and trucks. Such services must be offered on a non-profit basis.

(4)

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

RO: unbound for (ii).

(1)

All Member States, except EE, LT, PL, RO: unbound

EE, LT, PL, RO: none

(2)

None

(3)

None

(4)

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

RO: unbound for (ii).

 

 

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

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

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

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

 

D.

Remediation and clean up of soil and waters (part of CPC 94060)

(1)

All Member States, except EE, RO: unbound

EE, RO: none

(2) (3)

BG, HU: unbound

(4)

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

BG, HU: unbound

RO: unbound for (ii).

(1)

All Member States, except EE, RO: unbound

EE, RO: none

(2) (3)

BG, HU: unbound.

(4)

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

BG, HU: unbound

RO: unbound for (ii).

 

 

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

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

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

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

 

E.

Noise and vibration abatement (all Member States, except BG: CPC 9405. BG: noise pollution monitoring services of exhaust gases (part of CPC 9405))

(1)

All Member States, except EE, LT, PL, RO: unbound

EE, LT, PL, RO: none

(2)

(3) None, except for CY, CZ, HU, SK, SI, UK: unbound

(4)

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

HU: unbound

RO: unbound for (ii).

(1)

All Member States, except EE, LT, PL, RO: unbound

EE, LT, PL, RO: none

(2)

(3) None, except for CY, CZ, HU, SK, SI, UK: unbound

(4)

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

HU: unbound

RO: unbound for (ii).

 

 

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

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

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

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

 

F.

All Member States, except BG: protection of biodiversity and landscape nature and landscape protection services

(CPC 9406)

(1)

All Member States, except EE, RO: unbound

EE, RO: none

(2) (3)

HU: unbound

(4)

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

HU: unbound

RO: unbound for (ii).

(1)

All Member States, except EE, RO: unbound

EE, RO: none

(2) (3)

HU: unbound.

(4)

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

HU: unbound

RO: unbound for (ii).

 

 

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

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

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

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

 

G.

Other environmental and ancillary services (part of CPC 94090)

(1)

All Member States, except EE, PL, RO: unbound

EE, PL, RO: none

(2) (3)

BG, HU: unbound

(4)

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

BG, HU: unbound

RO: unbound for (ii).

(1)

All Member States, except EE, PL, RO: unbound

EE, PL, RO: none

(2) (3)

BG, HU: unbound

(4)

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

BG, HU: unbound

RO: unbound for (ii).

 

 

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

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

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

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

 

7.

HEALTH SERVICES AND SOCIAL SERVICES

 

 

 

A.

Hospital services

(all Member States, except LV, PL and SI: CPC 9311.

LV, PL and SI: only Private hospital and sanatorium services — CPC 9311)

(1)

All Member States, except HU: unbound

HU: none

(2)

BG, CZ, MT, FI, RO, SE, SK: unbound

(3)

AT, BE, ES, FR, IT, LU, LT, NL, PT, SI: economic needs test applied on a national treatment basis (57).

PL: the head of the health facility, or his deputy, should meet qualifications of medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives and nurses, are applicable.

LV: the head of the health facility, or his deputy, should be qualified as a medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives and nurses, are applicable. Private hospital services need authorisation by local health authorities. The number of beds and use of heavy medical equipment is based on the needs of population, age scale and death rate.

BG, CZ, MT, FI, RO, SE, SK: unbound

SI: entry into public health network is subject to concession from Institute for Health Insurance of the Republic of Slovenia.

(1)

All Member States, except HU: unbound

HU: none

(2)

BG, CZ, MT, FI, RO, SE, SK: unbound

(3)

BG, CZ, MT, FI, RO, SE, SK: unbound

EE: none, except professionals trained outside Estonia are required to present a certificate of auxiliary training courses of Tartu University. This requirement also applies to Estonian nationals trained abroad.

LT: none, except foreign private establishment and their consumers may not be entitled to receive financial support from public resources, including usage of public medical insurance funds.

 

 

(4)

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

BG, CZ, MT, FI, RO, SE, SK: unbound

LV: the head of the health facility, or his deputy, should be qualified as a medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives and nurses, are applicable.

PL: the head of the health facility, or his deputy, should meet qualifications of medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives and nurses, are applicable

(4)

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

BG, CZ, MT, FI, RO, SE, SK: unbound

 

B.

Other human health services (CPC 9319. EE: CPC 9319 other than 93191)

(1)

All Member States, except HU: unbound

HU: none

(2)

(3) Unbound, except for AT, EE, HU, SI: none

(4)

Unbound, except AT, EE, HU, SI: unbound, except as indicated in the horizontal section under (i) and (ii).

(1)

All Member States, except HU: unbound

HU: none

(2)

(3) Unbound, except for AT, EE, HU, SI: none

(4)

Unbound, except AT, EE, HU, SI: unbound, except as indicated in the horizontal section under (i) and (ii).

 

C.

Social services, convalescent and rest houses, old people’s homes

BG: only privately funded social services (part of CPC 933)

(1)

Unbound

(2)

CZ, HU, FI, MT, PL, RO, SI, SK, SE: unbound

(3)

CZ, HU, FI, MT, PL, RO, SI, SK, SE: unbound

FR: provision of services is permitted by the competent authorities according to local needs.

(4)

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

CZ, HU, FI, MT, PL, RO, SI, SK, SE: unbound

(1)

Unbound

(2)

CZ, HU, FI, MT, PL, RO, SI, SK, SE: unbound

(3)

CZ, HU, FI, MT, PL, RO, SI, SK, SE: unbound

(4)

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

CZ, HU, FI, MT, PL, RO, SI, SK, SE: unbound

 

D.

Other (health-related services)

(1) (2) (3)

All Member States, except HU: unbound HU: none.

(4)

All Member States: unbound, except for HU: unbound, except as indicated in the horizontal section under (i) and (ii).

(1) (2) (3)

All Member States, except HU: unbound

HU: none

(4)

All Member States: unbound, except for HU: unbound, except as indicated in the horizontal section under (i) and (ii).

 

8.

TOURISM AND TRAVEL RELATED SERVICES

 

 

 

A.

Hotels, restaurants and catering

(all Member States, except BG, PL: (CPC 641, 642, 643 (excluding catering in transport services sector)

BG: except for alcoholic beverages serving services for consumption on the premises: CPC 641, part of 642, part of 643.

PL: CPC 641, 642)

(1)

All Member States, except BG, RO: unbound, except for catering: none

BG, RO: unbound (33).

(2)

None

(3)

BG: the suppliers are to be established as companies incorporated in the Republic of Bulgaria with no foreign equity participation ceiling. Tourist service licence issued by the State Agency on Tourism.

The number of foreign managers is not to exceed the number of the 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. The provision of tourist guide services is to be effected through authorised foreign persons.

IT: local economic needs test on opening of new bars, cafés and restaurants.

(1)

All Member States, except BG, RO: unbound, except for catering: none

BG, RO: unbound (33).

(2)

None

(3)

None

 

 

(4)

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

RO: unbound for (ii).

(4)

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

BG: unbound, except as indicated in the horizontal section, but taking into account the limitations on market access in (3) herein.

RO: unbound for (ii).

 

B.

Travel agencies and tour operators services (including tour managers)

(CPC 7471)

(1)

BG: tourist service licence issued by the State Agency on Tourism is required.

HU: unbound

PL: commercial presence required.

(2)

None

(3)

BG: the suppliers are to be established as companies incorporated in the Republic of Bulgaria with no foreign equity participation ceiling.

Tourist service licence issued by the State Agency on Tourism. The number of foreign managers is not to exceed the number of the 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. The provision of tourist guide services is to be effected through authorised foreign persons.

PT: requirement of constitution of a commercial company having its corporate base in Portugal.

IT: economic needs test.

FI: permission from the National Consumer Administration is required.

CZ: economic needs test based on population criterion.

(1)

BG: none, except as specified in the Market access column.

PL: commercial presence required.

(2)

None

(3)

None

 

 

(4)

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

BG: unbound, except as indicated in the horizontal section and in (3) above.

RO: unbound for (ii).

(4)

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

BG: unbound, except as indicated in the horizontal section, but taking into account the limitations on market access in (3) herein.

RO: unbound for (ii).

 

 

Unbound, except for AT, BE, DE, DK, ES, IT, FI, IE, SE where: as indicated in the horizontal section under (iii):

AT, FI, IT, IE, SE: unbound, except for tour managers (persons whose function is to accompany a tour group of a minimum of 10 persons, without acting as guides in specific locations) where for AT, IT, IE, SE: professional certificate and three years’ professional experience.

BE, DE, DK, ES: university degree or equivalent technical qualification and three years’ professional experience.

IT: compliance with an economic needs test is required.

Unbound, except for AT, BE, DE, DK, ES, IT, FI, IE, SE where: as indicated in the horizontal section under (iii).

 

C.

Tourist guides services (CPC 7472)

(1)

BG, CY, HU, IT, LT, MT, PT, PL, SI: unbound

(2)

BG, CY, HU, LT, MT, PL, SI: unbound

(3)

BG, CY, HU, LT, MT, PL, SI: unbound

(4)

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

ES, IT: the right to exercise the profession is reserved for the local organisations of tourist guides.

EL, ES, IT, PT: access to the activity is subject to condition of nationality.

RO: unbound for (ii)

BG, CY, HU, LT, MT, PL, SI: unbound

(1)

BG, CY, HU, LT, MT, PL, SI: unbound

(2)

BG, CY, HU, LT, MT, PL, SI: unbound

(3)

BG, CY, HU, LT, MT, PL, SI: unbound

(4)

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

RO: unbound for (ii)

BG, CY, HU, LT, MT, PL, SI: unbound

 

 

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

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

SE: professional certificate, relevant qualifications and three years’ professional experience.

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

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

 

9.

RECREATIONAL, CULTURAL AND SPORTING SERVICES (OTHER THAN AUDIOVISUAL SERVICES)

 

 

 

A.

Entertainment services

(all Member States, except BG: (including theatre, live bands and circus services)

(CPC 9619) BG: CPC 96191, 96192, 96193

(1)

Unbound

(2)

CY, CZ, EE, FI, LT, LV, PL, RO, SI, SK: unbound

(3)

CY, CZ, EE, FI, LV, PL, RO, SI, SK: unbound

LT: none, except prohibition to establish and maintain gambling houses, to organise gambling games (58).

(4)

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

CY, CZ, EE, FI, LT, LV, PL, RO, SI, SK: unbound

IT: economic needs test.

(1)

All Member States, except HU: unbound

HU: none

(2)

CY, CZ, EE, FI, LT, LV, PL, RO, SI, SK: unbound

(3)

CY, CZ, FI, LV, PL, RO, SI, SK: unbound

FR, IT: unbound for subsidies and any other forms of direct and indirect support.

SE: targeted financial support to specific local, regional or national activities.

LT: none, except:

(a)

as indicated under market access (also exception indicated in Part I regarding prohibition of foreign investments to lotteries); and

(b)

unbound for subsidies as regards cinema operation theatre (CPC 96199**).

(4)

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

CY, CZ, EE, FI, LT, LV, PL, RO, SI, SK: unbound

 

 

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

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

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

AT, ES: access is limited to persons whose main professional activity is in the field of fine arts, deriving the major part of their income from that activity. Such persons shall not exercise any other commercial activity in Austria.

FR:

the artists have obtained an employment contract from an authorised entertainment enterprise,

the work permit is delivered for a period not exceeding nine months renewable for a duration of three months,

compliance with an economic needs test is required,

the entertainment enterprise must pay a tax to the International Migration Office.

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

 

B.

News and press agency services

(CPC 962)

(1)

BG, RO: unbound

(1)

BG, RO: unbound

 

 

(2)

BG, RO: unbound

(3)

FR: condition of nationality for administrators of Agence France Press. (other restrictions lifted if reciprocity granted)

IT: special anti-concentration rules operate in the daily press and broadcasting sectors, specific limits are fixed to multimedia ownership. Foreign companies may not control publishing or broadcasting companies: foreign equity participation limited to 49 per cent.

BG, HU, RO: unbound

PT: news companies, incorporated in Portugal in legal form of ‘Sociedade Anónima’, must have the social capital in the form of nominal stock.

SK: foreign suppliers of news and press agency services must be accredited at the Ministry of Foreign Affairs of the Slovak Republic. The official press agency of the Slovak Republic (TASR) is subject of State financing.

(4)

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

(2)

BG, RO: unbound

(3)

BG, HU, RO: unbound

(4)

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

BG, RO: unbound

 

 

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

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

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

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

 

C.

Libraries, archives, museums and other cultural services (CPC 963)

(1)

Unbound, except in AT: none

(2)

Unbound, except in AT, EE: none

(3)

Unbound, except in AT, LT:

AT: none

LT: licenses for researching, reservation and restoration of the immovable cultural values, for preparation of the conditions, programmes and projects of such works, for preservation and restoration of movable cultural values are necessary.

(4)

Unbound, except in AT, EE: unbound, except as indicated in the horizontal section under (i) and (ii).

(1)

Unbound, except in AT: none

(2)

Unbound, except in AT, EE: none

(3)

Unbound, except in AT, LT:

AT: none

LT: none, except under market access.

(4)

Unbound, except in AT, EE, LT: unbound, except as indicated in the horizontal section under (i) and (ii).

 

D.

Sporting and other recreational services other than gambling and betting services

(CPC 9641, 96491. AT: ski school services and mountain guide services are not covered)

(1)

BG, MT, RO: unbound

(2)

BG, MT, RO: unbound

(3)

BT, MT, RO: unbound

(4)

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

BG, MT, RO: unbound

IT: economic needs test.

(1)

BG, MT, RO: unbound

(2)

BG, MT, RO: unbound

(3)

BG, MT, RO: unbound

SE: targeted financial support to specific local, regional or national activities.

(4)

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

BG, MT, RO: unbound

 

10.

TRANSPORT SERVICES (59)

 

 

 

A.

Maritime transport services

(see additional definitions after the transport section)

 

 

International transport (freight and passengers) CPC 7211 and 7212 less cabotage transport

(1)

(a)

liner shipping: none, except BG, RO: unbound

(b)

bulk, tramp, and other international shipping, including passenger transportation; none, except BG, RO: unbound

(1)

(a)

mode 1 (a) liner trade: none, other than the exceptional case where a Member States would have to enforce EC Regulation 954/79, Article 2, par. 2. for all member states, except: BG, RO: unbound

(b)

BG, RO: unbound

See footnote (60)

 

(2)

BG, RO: unbound

(3)

(a)

establishment of registered company for the purpose of operating a fleet under the national flag of the State of establishment: unbound for all member states, except LV and MT: none

(b)

other forms of commercial presence for the supply of international maritime transport services (as defined below under Definitions concerning maritime transport): none, except BG, RO: unbound

(4)

(a)

ships’ crews: unbound

(b)

key personnel employed in relation to a commercial presence as defined under mode 3b) above: unbound, except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations:

BG, RO: unbound

(2)

BG, RO: unbound

(3)

(a)

unbound for all Member States, except LV and MT: none

(b)

BG, RO: unbound

(4)

(a)

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

BG, RO: unbound

(b)

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

BG, RO: unbound

 

Maritime auxiliary services

 

 

 

Maritime cargo handling services

(1)

Unbound (33)

(2) (3) (61)

BG, MT, RO: unbound

(4)

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

BG, MT, RO: unbound

(1)

Unbound (33)

(2) (3)

BG, MT, RO: unbound

(4)

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

BG, MT, RO: unbound

 

Storage and warehousing services CPC 742 (as amended)

(1)

Unbound (33).

(2) (3) (61)

BG, MT, RO: unbound

(4)

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

BG, MT, RO: unbound

(1)

Unbound (33).

(2) (3) (61)

BG, MT, RO: unbound

(4)

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

BG, MT, RO: unbound

 

Customs clearance services (62)