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Document 22020A1230(01)
Protocol to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union
Protocol to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union
Protocol to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union
OJ L 441, 30.12.2020, p. 3–100
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
No longer in force, Date of end of validity: 30/12/2020
|
30.12.2020 |
EN |
Official Journal of the European Union |
L 441/3 |
PROTOCOL
to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other, to take account of the accession of the Republic of Croatia to the European Union
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and to the Treaty on the Functioning of the European Union, hereinafter referred to as the ‘Member States of the European Union’,
and
THE EUROPEAN UNION,
on the one hand, and
THE REPUBLIC OF COSTA RICA,
THE REPUBLIC OF EL SALVADOR,
THE REPUBLIC OF GUATEMALA,
THE REPUBLIC OF HONDURAS,
THE REPUBLIC OF NICARAGUA,
THE REPUBLIC OF PANAMA,
hereinafter also referred to as ‘Central America’,
on the other,
WHEREAS the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other (1) (hereinafter referred to as ‘the Agreement’) , was signed at Tegucigalpa, Honduras, on 29 June 2012 and Part IV (Trade) thereof has been applied pursuant to Article 353(4) of the Agreement between the EU Party and Honduras, Nicaragua and Panama since 1 August 2013, between the EU Party and Costa Rica and El Salvador since 1 October 2013, and between the EU Party and Guatemala since 1 December 2013,
WHEREAS the Treaty concerning the accession of the Republic of Croatia (hereinafter referred to as ‘Croatia’) to the European Union (hereinafter referred to as ‘Treaty of Accession’) was signed at Brussels on 9 December 2011 and entered into force on 1 July 2013,
WHEREAS, pursuant to Article 6(2) of the Act of Accession of Croatia, its accession to the Agreement is to be formalised by the conclusion of a Protocol to the Agreement,
WHEREAS Article 358(2) of the Agreement stipulates that the Parties may agree on any other amendments of the Agreement, and Article 359 of the Agreement envisages the accession of new Member States to the European Union and lays down provisions to address the effects of such accession upon the Agreement,
HAVE AGREED AS FOLLOWS:
SECTION I
THE PARTIES
Article 1
Croatia hereby becomes a Party to the Agreement and it shall be added to the list of Parties to the Agreement.
SECTION II
ELIMINATION OF CUSTOMS DUTIES SPECIAL TREATMENT ON BANANAS
Article 2
The Table under paragraph 1 of Appendix 3 (Special Treatment on Bananas) of Annex I (Elimination of Customs Duties) to the Agreement shall be replaced by the Table set out in Annex I to this Protocol.
SECTION III
CONCERNING DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’ AND METHODS OF ADMINISTRATIVE COOPERATION
Article 3
Articles 16(4) and 17(2) of Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation) to the Agreement shall be amended in accordance with Annex II to this Protocol.
Article 4
Appendix 4 (Invoice Declaration) of Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation) to the Agreement shall be replaced by Annex III to this Protocol.
Article 5
1. This Protocol may be applied to originating products from either Central America or Croatia which comply with Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation) to the Agreement and which, on the date of the entry into force of this Protocol, are either in transit or in the Parties in temporary storage in customs warehouses or in free zones.
2. Preferential tariff treatment shall be granted in cases referred to in paragraph 1, subject to the submission to the customs authorities of the importing Party, within four months of the date of the entry into force of this Protocol, of a proof of origin made out retrospectively in the exporting Party.
SECTION IV
ESTABLISHMENT, TRADE IN SERVICES AND ELECTRONIC COMMERCE
Article 6
Section A of Annex X (Lists of Commitments on Establishment) to the Agreement shall be replaced by Annex IV to this Protocol.
Article 7
Section A of Annex XI (Lists of Commitments on Cross-Border Supply of Services) to the Agreement shall be replaced by Annex V to this Protocol.
Article 8
Annex XII (Reservations on Key Personnel and Graduate Trainees of the EU Party) to the Agreement shall be replaced by Annex VI to this Protocol.
Article 9
Annex XV (Enquiry Points) to the Agreement shall be replaced by Annex VII to this Protocol.
SECTION V
GOVERNMENT PROCUREMENT
Article 10
1. The entities of Croatia listed in Annex VIII to this Protocol shall be added to the list entitled ‘Indicative Lists of Contracting Authorities which are Central Government Authorities as defined by EU Procurement Directive’ in Schedule G (Schedule of EU Party) of Section A of Appendix 1 (Coverage) to Annex XVI (Government Procurement) to the Agreement.
2. Croatia shall be added to the list entitled ‘List of Supplies and Equipment purchased by Ministries of Defence and Agencies for Defence or Security Activities in Belgium, Bulgaria, Czech Republic, Denmark, Germany, Estonia, Greece, Spain, France, Ireland, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, The Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom that are covered by the Title’ in Schedule G (Schedule of EU Party) of Section A of Appendix 1 to Annex XVI to the Agreement and the title thereof shall be replaced by the following: ‘List of Supplies and Equipment purchased by Ministries of Defence and Agencies for Defence or Security Activities in Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, The Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom that are covered by the Title’.
3. The entities of Croatia listed in Annex IX to this Protocol shall be added to the list entitled ‘Indicative Lists of Contracting Authorities which are Bodies Governed by Public Law as defined by EU Procurement Directive’ in Schedule G (Schedule of EU Party) of Section B of Appendix 1 to Annex XVI to the Agreement.
4. The entities of Croatia listed in Annex X to this Protocol shall be added to the list entitled ‘Indicative Lists of Contracting Authorities and Public Undertakings fulfilling the Criteria laid down under Section C’ under the relevant sector in Schedule G (Schedule of EU Party) of Section C of Appendix 1 to Annex XVI to the Agreement.
5. The list of media for publication means for procurement information provided for in Appendix 2 (Media for publication of procurement information) of Annex XVI to the Agreement shall be replaced by the list set out in Annex XI to this Protocol.
SECTION VI
WTO
Article 11
The Republics of the CA Party undertake not to make any claim, request or referral nor to modify or withdraw any concession pursuant to GATT 1994 Articles XXIV.6 and XXVIII or GATS Article XXI in relation to the accession of Croatia to the European Union.
SECTION VII
GENERAL AND FINAL PROVISIONS
Article 12
1. This Protocol shall be approved by the Parties in accordance with their own internal legal procedures.
2. This Protocol shall enter into force the first day of the month following that in which the Parties have notified each other of the completion of the internal legal procedures referred to in paragraph 1.
3. Notwithstanding paragraph 2, provisions of this Protocol may be applied by the European Union and each of the Republics of the CA Party from the first day of the month following the date on which they have notified each other of the completion of the internal legal procedures necessary for this purpose.
4. The notifications referred to in paragraphs 2 and 3 shall be sent, in the case of the EU Party, to the Secretary General of the Council of the European Union and, in the case of the Republics of the CA Party, to the Secretaría General del Sistema de la Integración Centroamericana (SG-SICA), which shall be the depositories of this Protocol.
5. The Parties for which this Protocol has entered into force may also use materials originating in a Republic of the CA Party for which this Protocol is not in force.
6. Where, in accordance with paragraph 3, a provision of this Protocol is applied by the Parties pending the entry into force of this Protocol, any reference in such provision to the entry into force of this Protocol shall be understood to refer to the date from which the Parties agree to apply that provision in accordance with paragraph 3.
Article 13
1. This Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.
2. The EU Party shall communicate to the Republics of the CA Party the Croatian language version of the Agreement. Subject to the entry into force of this Protocol, the Croatian language version shall become authentic under the same conditions as those drawn up in the other languages of this Protocol. Article 363 of the Agreement is hereby modified accordingly.
Article 14
This Protocol shall form an integral part of the Agreement. The Annexes to this Protocol shall form an integral part thereof.
Article 15
This Protocol does not allow unilateral reservations or interpretative declarations.
IN WITNESS WHEREOF, the undersigned, duly authorised, have signed this Protocol.
ANNEX I
(ANNEX I TO THE AGREEMENT)
Appendix 3
SPECIAL TREATMENT ON BANANAS
1.
For the agricultural product originating in Central America under heading 0803.00.19 of the Combined Nomenclature (fresh bananas, excluding plantains) and listed under category ‘ST’ in the Schedule of the EU Party, the following preferential customs duty shall apply:|
Year |
Preferential customs duty |
Trigger import volume, in tonnes |
|||||
|
(EUR/t) |
Costa Rica |
Panama |
Honduras |
Guatemala |
Nicaragua |
El Salvador |
|
|
Until 31 December 2010 |
145 |
1 025 000 |
375 000 |
50 000 |
50 000 |
10 000 |
2 000 |
|
1.1-31.12.2011 |
138 |
1 076 250 |
393 750 |
52 500 |
52 500 |
10 500 |
2 100 |
|
1.1-31.12.2012 |
131 |
1 127 500 |
412 500 |
55 000 |
55 000 |
11 000 |
2 200 |
|
1.1-31.12.2013 |
124 |
1 178 750 |
431 250 |
57 500 |
57 500 |
11 500 |
2 300 |
|
1.1-31.12.2014 |
117 |
1 254 419 |
458 934 |
61 191 |
61 191 |
12 238 |
2 448 |
|
1.1-31.12.2015 |
110 |
1 301 599 |
476 195 |
63 493 |
63 493 |
12 699 |
2 540 |
|
1.1-31.12.2016 |
103 |
1 349 942 |
493 881 |
65 851 |
65 851 |
13 170 |
2 634 |
|
1.1-31.12.2017 |
96 |
1 397 316 |
511 213 |
68 162 |
68 162 |
13 632 |
2 726 |
|
1.1-31.12.2018 |
89 |
1 444 767 |
528 573 |
70 476 |
70 476 |
14 095 |
2 819 |
|
1.1-31.12.2019 |
82 |
1 493 881 |
546 542 |
72 872 |
72 872 |
14 574 |
2 915 |
|
1.1.2020 and after |
75 |
not applicable |
not applicable |
not applicable |
not applicable |
not applicable |
not applicable |
ANNEX II
(ANNEX II TO THE AGREEMENT)
TITLE IV
PROOF OF ORIGIN
|
(1) |
Article 16(4) of Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation) to the Agreement shall be replaced by the following:
|
|
(2) |
Article 17(2) of Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation) to the Agreement shall be replaced by the following:
|
ANNEX III
(ANNEX II TO THE AGREEMENT)
Appendix 4
INVOICE DECLARATION
Specific requirements as for the making out of an invoice declaration
An invoice declaration, the text of which is set out below, shall be made out using one of the 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 shall be drawn up in accordance with the respective footnotes. The footnotes do not have to be reproduced.
Bulgarian version
Износителят на продуктите, обхванати от този документ (разрешение № … от митница или от друг компетентен държавен орган (1)) декларира, че освен където ясно е отбелязано друго, тези продукти са с … (2) преференциален произход.
Spanish version
El exportador de los productos incluidos en el presente documento (autorización aduanera o de la autoridad pública competente n° … (1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial … (2).
Czech versión
Vývozce výrobků uvedených v tomto dokumentu (číslo povolení celního nebo příslušného vládního orgánu … (1)) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v … (2).
Danish version
Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes eller den kompetente offentlige myndigheds tilladelse nr. … (1)) erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i … (2).
German version
Der Ausführer (Ermächtigter Ausführer; Bewilligung der Zollbehörde oder der zuständigen Regierungsbehörde Nr. … (1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anders angegeben, präferenzbegünstigte Ursprungswaren … (2) sind.
Estonian version
Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti või pädeva valitsusasutuse luba nr. … (1)) deklareerib, et need tooted on … (2) sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.
Greek version
Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου ή της καθύλην αρμόδιας αρχής, υπ’ αριθ. … (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής … (2).
English version
The exporter of the products covered by this document (customs or competent public authority 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 publique compétente n° … (1)) déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle … (2).
Croatian version
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. … (1)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi … (2) preferencijalnog podrijetla.
Italian version
L’esportatore delle merci contemplate nel presente documento (autorizzazione doganale o dell’autorità pubblica competente n. … (1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale … (2).
Latvian version
To produktu eksportētājs, kuri ietverti šajā dokumentā (muitas vai kompetentu valsts iestāžu atlauja Nr. … (1)), deklarē, ka, izņemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir preferenciāla izcelsme … (2).
Lithuanian version
Šiame dokumente išvardintų prekių eksportuotojas (muitinės arba kompetentingos viešosios valdžios institucijos liudijimo Nr. … (1)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra … (2) preferencinės kilmės prekės.
Hungarian version
A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (1) vagy az illetékes kormányzati szerv által kiadott engedély száma: …) kijelentem, hogy eltérő jelzs hiányában az áruk kedvezményes … származásúak (2).
Maltese version
L-esportatur tal-prodotti koperti b’dan id-dokument (awtorizzazzjoni kompetenti tal-gvern jew tad-dwana nru. … (1)) jiddikjara li, hlief fejn indikat b’mod car li mhux hekk, dawn il-prodotti huma ta’ origini preferenzjali … (2).
Dutch version
De exporteur van de goederen waarop dit document van toepassing is (douanevergunning of vergunning van de competente overheidsinstantie nr. … (1)) verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn (2).
Polish version
Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych lub upoważnienie właściwych władz nr … (1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają … (2) preferencyjne pochodzenie.
Portuguese version
O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira ou da autoridade governamental competente n° … (1)) declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial … (2).
Romanian version
Exportatorul produselor ce 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 shall to be indicated in clear script) |
(1) When the invoice declaration is made out by an approved exporter within the meaning of Article 20 of Annex II, the authorisation number of the approved exporter shall 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 34 of Annex II, the exporter shall 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 in the document itself.
(4) See Article 19, paragraph 5, of Annex II of the Agreement. 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 IV
(ANNEX X TO THE AGREEMENT)
LISTS OF COMMITMENTS ON ESTABLISHMENT
|
1. |
The list of commitments below indicate the economic activities liberalised pursuant to Article 166 of this Agreement and, by means of reservations, the market access and national treatment limitations that apply to establishments and investors of the Republics of the CA Party in those activities. The lists are composed of the following elements:
When the column referred to under paragraph 1(b) only includes Member State-specific reservations, Member States not mentioned therein undertake commitments in the sector concerned without reservations (N.B. the absence of Member State-specific reservations in a given sector is without prejudice to horizontal reservations or to sectoral EU-broad reservations that may apply). Sectors or subsectors not mentioned in the list below are not committed. |
|
2. |
In identifying individual sectors and subsectors:
|
|
3. |
The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a market access or a national treatment limitation within the meaning of Articles 164 and 165 of this Agreement. Those measures (for example need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, non-discriminatory requirement that certain activities may not be carried out in environmental protected zones or areas of particular historic and artistic interest), even if not listed, apply in any case to investors of the other Party. |
|
4. |
In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures concerning subsidies granted by the Parties. |
|
5. |
In accordance with Article 164 of this Agreement non-discriminatory requirements as regards the types of legal form of an establishment are not included in the list below. |
|
6. |
The rights and obligations arising from this list of commitments shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons. |
|
7. |
The following abbreviations are used in the list below:
|
(1) As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
(2) Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific listing is not practical. To facilitate comprehension, specific footnotes in this list of commitments will indicate in an illustrative and non-exhaustive way those sectors where public utilities play a major role.
(3) Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.(f) and 6.F.(g).
(4) The horizontal limitation on public utilities applies.
(5) Does not include services incidental to mining rendered on a fee or contract basis at oil and gas fields which are to be found in ENERGY SERVICES under 18.A.
(6) Does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.(h).
(7) The sector is limited to manufacturing activities. It does not include activities which are audiovisual related or present a cultural content.
(8) Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.(p).
(9) Does not include operation of electricity transmission and distribution systems on a fee or contract basis, which are to be found in ENERGY SERVICES.
(10) Does not include transportation of natural gas and gaseous fuels via pipelines, transmission and distribution of gas on a fee or contract basis and sales of natural gas and gaseous fuels, which are to be found in ENERGY SERVICES.
(11) Does not include transmission and distribution of steam and hot water on a fee or contract basis and sales of steam and hot water, which are to be found in ENERGY SERVICES.
(12) Includes legal advisory, legal representational, legal arbitration and conciliation/mediation, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the investor or its personnel is qualified to practise as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of EU law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the EU acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EU since it involves practice of EU and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national or belonging to the State in which the lawyer is entitled to practise.
(13) Does not include legal advisory and legal representational services on tax matters, which are to be found under 6.A.(a) (Legal services).
(14) The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.
(15) Part of CPC 85201 which is to be found under 6.A.(h) (Medical and dental services).
(16) The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.
(17) The horizontal limitation on public utilities applies to technical testing and analysis services compulsory for the granting of marketing authorisations of for utilisation authorisations (for example car inspection, food inspection).
(18) The horizontal limitation on public utilities applies to certain activities related to mining (minerals, oil, gas, etc.).
(19) Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F.(l)1. to 6.F.(l)4. Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. (Computer services).
(20) Does not include printing services, which fall under CPC 88442 and are to be found under 6.F.(p).
(21) For subsectors (i) to (iv), individual licences imposing particular universal services obligations and/or financial contribution to a compensation fund may be required.
(22) The term ‘handling’ should be taken to include clearance, sorting, transport and delivery.
(23) ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.
(24) For example letter, postcards.
(25) Books, catalogues are included hereunder.
(26) Journals, newspapers, periodicals.
(27) Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit, confirmation of receipt.
(28) Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service. Postal item refers to items handled by any type of commercial operator, whether public or private.
(29) ‘Items of correspondence’: a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.
(30) Transportation of mail on own account by any land mode.
(31) Transportation of mail on own account by air.
(32) These services do not include on-line information and/or data processing (including transaction processing) (part of CPC 843) which is to be found under 6.B. (Computer services).
(33) Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.
(34) Footnote for clarification purposes: Some Member States of the European Union maintain public participation in certain telecommunication operators. Member States reserve their rights to maintain such public participation in the future. This is not a market access limitation. In Belgium, government participation and voting rights in Belgacom are freely determined under legislative powers as is presently the case under the law of 21 March 1991 on the reform of government-owned economic enterprises.
(35) These services cover the telecommunications service consisting of the transmission and reception of radio and television broadcast by satellite (the uninterrupted chain of transmission via satellite required for the distribution of TV and radio programme signals to the general public). This covers selling use of satellite services, but does not include the selling of television programme packages to households.
(36) The horizontal limitation on public utilities applies to the distribution of chemical products, of pharmaceuticals, of products for medical use such as medical and surgical devices, medical substances and objects for medical use, of military equipment and precious metals (and stones) and in some Member States of the European Union also to the distribution of tobacco and tobacco products and of alcoholic beverages.
(37) These services, which include CPC 62271, are to be found in ENERGY SERVICES under 18.D.
(38) Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 6.B. and 6.F.(l). Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 18.E. and 18.F.
(39) Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 6.A.(k).
(40) Corresponds to sewage services.
(41) Corresponds to Cleaning services of exhaust gases.
(42) Corresponds to parts of Nature and landscape protection services.
(43) Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT SERVICES under 17.E.(a) (Ground handling services).
(44) The horizontal limitation on public utilities applies to port services and other maritime transport services requiring the use of the public domain.
(45) Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in same State when no revenue is involved.
(46) The horizontal limitation on public utilities applies to port services and other internal waterway transport services requiring the use of the public domain.
(47) The horizontal limitation on public utilities applies to rail transport services requiring the use of the public domain.
(48) The horizontal limitation on public utilities applies in some Member States of the European Union.
(49) Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 7.A. (Postal and courier services).
(50) Pipeline transportation of fuels is to be found in ENERGY SERVICES under 18.B.
(51) Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.(l)1. to 6.F.(l)4.
(52) The horizontal limitation on public utilities applies to port services, to other auxiliary services requiring the use of the public domain and to pushing and towing services.
(53) The horizontal limitation on public utilities applies when the services require the use of the public domain.
(54) Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 18.C.
(55) Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to mining, on land site preparation, on land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services, plugging and abandoning of wells. Does not include direct access to or exploitation of natural resources. Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION SERVICES.
(56) Except for consulting services, the horizontal limitation on public utilities applies.
(57) Therapeutical massages and thermal cure services are to be found under 6.A.(h) (Medical services), 6.A.(j)2. (Services provided by nurses, physiotherapists and para-medical personnel and health services) (13.A. and 13.C.).
(58) The horizontal limitation on public utilities applies to Spa services and non-therapeutical massages provided in domains of public utility such as certain water sources.
ANNEX V
(ANNEX XI TO THE AGREEMENT)
LISTS OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES
|
1. |
The list of commitments below indicates the services sectors liberalised pursuant to Article 172 of this Agreement, and, by means of reservations, the market access and national treatment limitations that apply to services and services suppliers of the Republics of the CA Party in those sectors. The list is composed of the following elements:
When the column referred to under paragraph 1(b) only includes Member State-specific reservations, Member States not mentioned therein undertake commitments in the sector concerned without reservations (N.B. the absence of Member State-specific reservations in a given sector is without prejudice to horizontal reservations or to sectoral EU-broad reservations that may apply). Cross-border supply of services in sectors or subsectors covered by this Agreement and not mentioned in the list below is not committed. |
|
2. |
In identifying individual sectors and subsectors:
|
|
3. |
The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a market access or a national treatment limitation within the meaning of Articles 170 and 171 of this Agreement. Those measures (for example, need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations), even if not listed, apply in any case to service suppliers of the Republics of the CA Party. |
|
4. |
The list below is without prejudice to the feasibility of Mode 1 in certain services sectors and subsectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment. |
|
5. |
In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures concerning subsidies granted by the Parties. |
|
6. |
The rights and obligations arising from this list of commitments shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons. |
|
7. |
The following abbreviations are used in the list below:
|
(1) As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
(2) Includes legal advisory, legal representational, legal arbitration and conciliation/mediation, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the service supplier or its personnel is qualified to practise as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of EU law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the EU acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State might therefore be necessary for representation before Courts and other competent authorities in the EU since it involves practice of EU and national procedural law. However, in some Member states, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national or belonging to the State in which the lawyer is entitled to practise.
(3) Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.(a) (Legal services).
(4) The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in the Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.
(5) Part of CPC 85201, which is to be found under 1.A.(h) (Medical and dental services).
(6) The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.
(7) Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 1.F.(l)1. to 1.F.(l)4. Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 1.B. (Computer services).
(8) Does not include printing services, which fall under CPC 88442 and are to be found under 1.F.(p).
(9) For subsectors (i) to (iv), individual licences imposing particular universal services obligations and/or financial contribution to a compensation fund may be required.
(10) The term ‘handling’ should be taken to include clearance, sorting, transport and delivery.
(11) ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.
(12) For example letter, postcards.
(13) Books, catalogues are included hereunder.
(14) Journals, newspapers, periodicals.
(15) Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit, confirmation of receipt.
(16) Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service. Postal item refers to items handled by any type of commercial operator, whether public or private.
(17) ‘Items of correspondence’: a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.
(18) Transportation of mail on own account by any land Mode.
(19) Transportation of mail on own account by air.
(20) These services do not include on-line information and/or data processing (including transaction processing) (part of CPC 843) which is to be found under 1.B. (Computer services).
(21) Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.
(22) These services cover the telecommunications service consisting of the transmission and reception of radio and television broadcast by satellite (the uninterrupted chain of transmission via satellite required for the distribution of TV and radio programme signals to the general public). This covers selling use of satellite services, but does not include the selling of television programme packages to households.
(23) These services, which include CPC 62271, are to be found in ENERGY SERVICES under 13.D.
(24) Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 1.B. and 1.F.(l). Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 13.E. and 13.F.
(25) Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 1.A.(k).
(26) Corresponds to sewage services.
(27) Corresponds to Cleaning services of exhaust gases.
(28) Corresponds to parts of Nature and landscape protection services.
(29) Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT SERVICES under 12.E.(a) (Groundhandling services).
(30) Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in the same State when no revenue is involved.
(31) Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A. (Postal and courier services).
(32) Pipeline transportation of fuels is to be found in ENERGY SERVICES under 13.B.
(33) Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 1.F.(l)1. to 1.F.(l)4.
(34) Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 13.C.
(35) Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to mining, on land site preparation, on land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services, plugging and abandoning of wells. Does not include direct access to or exploitation of natural resources. Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 3. CONSTRUCTION SERVICES.
(36) Therapeutical massages and thermal cure services are to be found under 1.A.(h) (Medical services), 1.A.(j)2. (Services provided by nurses, physiotherapists and para-medical personnel and health services) (8.A. and 8.C.).
ANNEX VI
(ANNEX XII TO THE AGREEMENT)
ANNEX XII
RESERVATIONS ON KEY PERSONNEL AND GRADUATE TRAINEES OF THE EU PARTY
1.
The list of reservations below indicates the economic activities liberalised pursuant to Article 166 of this Agreement for which limitations on key personnel and graduate trainees in accordance with Article 174 of this Agreement apply and specifies such limitations. The lists are composed of the following elements:|
(a) |
a first column indicating the sector or subsector in which limitations apply; |
|
(b) |
a second column describing the applicable limitations. |
When the column referred to under paragraph 1(b) only includes Member State-specific reservations, Member States not mentioned therein undertake commitments in the sector concerned without reservations (N.B. the absence of Member State-specific reservations in a given sector is without prejudice to horizontal reservations or to sectoral EU-broad reservations that may apply).
The European Union and its Member States do not undertake any commitment for key personnel and graduate trainees in economic activities which are not liberalised (remain unbound) pursuant to Article 166 of this Agreement.
2.
In identifying individual sectors and subsectors:|
(a) |
‘ISIC rev 3.1’ means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 4, ISIC rev 3.1, 2002; |
|
(b) |
‘CPC’ means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC prov., 1991; |
|
(c) |
‘CPC ver. 1.0’ means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC ver. 1.0, 1998. |
3.
Commitments on key personnel and graduate trainees do not apply in cases where the intent or effect of their temporary presence is to interfere with or otherwise affect the outcome of any labour/management dispute or negotiation.
4.
The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a limitation within the meaning of Article 174 of this Agreement. Those measures (for example, need to obtain a license, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, need to have a legal domicile in the territory where the economic activity is performed), even if not listed below, apply in any case to key personnel and graduate trainees of the other Party.
5.
In accordance with Article 159, paragraph 3, of this Agreement, the list below does not include measures concerning subsidies granted by the Parties.
6.
All requirements of the laws and regulations of the EU Party regarding entry, stay, work and social security measures shall continue to apply, including regulations concerning period of stay, minimum wages as well as collective wage agreements even if not listed below.
7.
The list below is without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.
8.
In those sectors where economic needs tests are applied, their main criteria will be the assessment of the relevant market situation in the Member State or the region where the service is to be provided, including with respect to the number of, and the impact on, existing services suppliers.
9.
The rights and obligations arising from this list of reservations shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons.
10.
The following abbreviations are used in the list below:|
AT |
Austria |
|
BE |
Belgium |
|
BG |
Bulgaria |
|
CY |
Cyprus |
|
CZ |
Czech Republic |
|
DE |
Germany |
|
DK |
Denmark |
|
ES |
Spain |
|
EE |
Estonia |
|
EU |
European Union, including all its Member States |
|
FI |
Finland |
|
FR |
France |
|
EL |
Greece |
|
HR |
Croatia |
|
HU |
Hungary |
|
IE |
Ireland |
|
IT |
Italy |
|
LV |
Latvia |
|
LT |
Lithuania |
|
LU |
Luxembourg |
|
MT |
Malta |
|
NL |
The Netherlands |
|
PL |
Poland |
|
PT |
Portugal |
|
RO |
Romania |
|
SK |
Slovak Republic |
|
SI |
Slovenia |
|
SE |
Sweden |
|
UK |
United Kingdom. |
|
Sector or subsector |
Description of reservations |
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|
ALL SECTORS |
Economic needs test BG, HU: Economic needs test is required for graduate trainees. |
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|
ALL SECTORS |
Scope of intra-corporate transfers BG: The number of intra-corporate transferees is not to exceed ten percent of the average annual number of the EU citizens employed by the respective Bulgarian juridical person: Where less than a hundred persons are employed, the number of intra-corporate transferees may, subject to authorisation, exceed ten percent. HU: Unbound for natural persons who have been a partner in a juridical person of the other Party. |
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ALL SECTORS |
Managing directors and auditors AT: Managing directors of branches of juridical persons have to be resident in Austria; natural persons responsible within a juridical person or a branch for the observance of the Austrian Trade Act must have a domicile in Austria. FI: A foreigner carrying on trade as private entrepreneur needs a trade permit and has to be permanently resident in the EU. For all sectors, except telecommunications services, nationality condition and residence requirement for the managing director of a limited company. For telecommunications services, permanent residency for the managing director. FR: The managing director of an industrial, commercial or artisanal activity, if not holder of a residence permit, needs a specific authorisation. RO: The majority of the commercial companies’ auditors and their deputies shall be Romanian citizens. SE: The managing director of a juridical persons or a branch shall reside in Sweden. |
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ALL SECTORS |
Recognition EU: EU directives on mutual recognition of diplomas only apply to EU nationals. The right to practise a regulated professional service in one Member State does not grant the right to practise in another Member State. (1) |
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ALL SECTORS |
Graduate trainees For AT, DE, ES, FR, HU, training must be linked to the university degree which has been obtained. |
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HR: Residency requirement for publishers. IT: Nationality condition for publisher. PL: Nationality condition for the editor-in-chief of newspapers and journals. SE: Residency requirements for publisher and owner of publishing and printing company. |
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AT, CY, ES, EL, LT, MT, RO, SK: Full admission to the Bar, required for the practice of domestic (EU and Member State) law, is subject to a nationality condition. For ES, the competent authorities may grant waivers. |
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excluding legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, huissiers de justice or other officiers publics et ministériels |
BE, FI: Full admission to the Bar, required for legal representation services, is subject to a nationality condition, coupled with residency requirements. In BE quotas apply for appearing before the ‘Cour de cassation’ in non-criminal cases. BG: Foreign lawyers can only provide legal representation services of a national of their home country and subject to reciprocity and cooperation with a Bulgarian lawyer. For legal mediation services permanent residence is required. FR: Lawyers’ access to the profession of ‘avocat auprès de la Cour de Cassation’ et ‘avocat auprès du Conseil d’Etat’ is subject to quotas and to a nationality condition. HR: Full admission to the Bar, required for legal representation services, is subject to a nationality condition (EU Member States citizenship). HU: Full admission to the Bar is subject to a nationality condition, coupled with residency requirements. For foreign lawyers the scope of legal activities is limited to the provision of legal advice, which hast to take place on the basis of a collaboration contract concluded with a Hungarian attorney or law firm. |
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LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved. DK: Marketing of legal advice activities is restricted to lawyers with a Danish license to practise. Requirement of a Danish legal examination in order to obtain a Danish licence. LU: Nationality condition for the supply of legal services in respect of Luxembourg and EU law. SE: Admission to the Bar, necessary only for the use of the Swedish title ‘advokat’, is subject to a residency requirement. |
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FR: Provision of accounting and bookkeeping services is conditional on a decision of the Minister of Economics, Finance and Industry, in agreement with the Minister of Foreign Affairs. The requirement of residence cannot exceed five years. |
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AT: Nationality condition for representation before competent authorities and for performing audits provided for in specific Austrian laws (for example, joint stock companies law, stock exchange law, banking law, etc.). DK: Residence requirement. ES: Condition of nationality for statutory auditors and for administrators, directors and partners of companies other than those covered by the 8th EEC Directive on Company Law. FI: Residency requirement for at least one of the auditors of a Finnish liability company. EL: Condition of nationality for statutory auditors. IT: Condition of nationality for administrators, directors and partners of companies other than those covered by the 8th EEC Directive on Company Law. Residence requirement for individual auditors. SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, among others in all limited companies. Residency required for approval. |
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AT: Nationality condition for representation before competent authorities. BG, SI: Nationality condition for specialists. HU: Residency requirement. |
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EE: At least one responsible person (project manager or consultant) must be resident in Estonia. BG: Foreign specialists must have experience in the field of construction of at least two years. Nationality condition for urban planning and landscape architectural services. EL, HR, HU, SK: Residence requirement. |
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EE: At least one responsible person (project manager or consultant) must be resident in Estonia. BG: Foreign specialists must have experience in the field of construction of at least two years. EL, HR, HU, SK: Residence requirement. |
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CZ, IT, SK: Residence requirement. CZ, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons. BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons. BG, CY, MT: Condition of nationality. DE: Condition of nationality which can be waived on an exceptional basis in cases of public health interest. DK: Limited authorisation to fulfil a specific function can be given for maximum eighteen months and requires residence. FR: Condition of nationality. However, access is possible within annually established quotas. LV: Practice of medical profession by foreigners requires the permission from local health authority, based on economic needs for medical doctors and dentists in a given region. PL: Practice of medical profession by foreigners requires the permission. Foreign medical doctors have limited election rights within the professional chambers. PT: Residence requirement for psychologists. |
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BG, CY, DE, EE, EL, FR, HR, HU, MT, SI: Nationality condition. CZ and SK: Nationality condition and residence requirement. IT: Residence requirement. PL: Nationality requirement. Foreign persons may apply for permission to practise. |
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AT: In order to establish a professional practice in Austria, the person concerned must have practised the profession in question at least three years preceding the setting up of that professional practice. BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons. CZ, CY, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons. FR: Condition of nationality. However, access is possible within annually established quotas. HU: Nationality condition. IT: Residence requirement. LV: Economic needs determined by the total number of midwives in the given region, authorised by local health authorities. PL: Nationality condition. Foreign persons may apply for permission to practise. |
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AT: Foreign services suppliers are only allowed in the following activities: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians. In order to establish a professional practice in Austria, the person concerned must have practised the profession in question at least three years preceding the setting up of that professional practice. BE, FR, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons. CY, CZ, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons. HU: Condition of nationality. DK: Limited authorisation to fulfil a specific function can be given for maximum eighteen months and requires residence. CY, CZ, EL, IT: Subject to economic needs test: decision is subject to regional vacancies and shortages. LV: Economic needs determined by the total number of nurses in the given region, authorised by local health authorities. |
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FR: Condition of nationality. However, within established quotas, access for third-country nationals is possible provided the service provider holds the French degree in pharmacy. DE, EL, SK: Condition of nationality. HU: Condition of nationality except for retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods (CPC 63211). IT, PT: Residence requirement. |
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FR, HU, IT, PT: Residence requirement. LV, MT, SI: Nationality condition. |
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DK: Residence requirement unless waived by the Danish Commerce and Companies Agency. FR, HU, IT, PT: Residence requirement. LV, MT, SI: Nationality condition. |
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EU: Nationality condition for graduate trainees. AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists. |
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EU: Nationality condition for specialists and for graduate trainees. |
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IT, PT: Residence requirements for biologist and chemical analyst. |
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IT: Residence requirements for agronomists and ‘periti agrari’. |
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BE: Nationality condition and residence requirement for management personnel. BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Nationality condition and residence requirement. DK: Nationality condition and residence requirement for managers and for airport guard services. ES, PT: Nationality condition for specialised personnel. FR: Nationality condition for managing directors and directors. IT: Nationality condition and residence requirement in order to obtain necessary authorisation for security guard services and the transport of valuables. |
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BG: Nationality condition for specialists. DE: Nationality condition for publicly appointed surveyors. FR: Nationality condition for ‘surveying’ operations relating to the establishment of property rights and to land law. IT, PT: Residence requirement. |
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MT: Nationality condition. |
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LV: Nationality condition. |
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EU: For maintenance and repair of motor vehicles, motorcycles and snowmobiles, nationality condition for specialists and for graduate trainees. |
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EU: Nationality condition for specialists and for graduate trainees. |
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CY, EE, HR, MT, PL, RO, SI: Nationality condition for specialists. |
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HR, LV: Nationality condition for speciality photography services. PL: Nationality condition for the supply of aerial photographic services. |
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HR: Residency requirement for publishers. SE: Residency requirements for publisher and owner of publishing and printing company. |
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SI: Nationality condition. |
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FI: Residence requirement for certified translators. DK: Residence requirement for authorised public translators and interpreters, unless waived by the Danish Commerce and Companies Agency. |
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BE, EL, IT: Nationality condition. |
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BE, EL, IT: Nationality condition. |
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AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. LV: Economic needs test for specialists and nationality condition for graduate trainees. |
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BG: Foreign specialists must have experience in the field of construction of at least two years. |
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FR: Condition of nationality for tobacconists (that is, buraliste). |
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FR: Condition of nationality. However, third-country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. IT: Condition of nationality for service providers who are authorised to issue State-recognised diplomas. EL: condition of nationality for teachers. |
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FR: Condition of nationality. However, third-country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. IT: Condition of nationality for service providers who are authorised to issue State-recognised diplomas. EL: Condition of nationality for teachers. LV: Condition of nationality for technical and vocational secondary school-type education services for handicapped students (CPC 9224). |
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|
FR: Condition of nationality. However, third-country nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. CZ, SK: Condition of nationality for higher education services, except for post-secondary technical and vocational education services (CPC 92310). IT: Condition of nationality for service providers who are authorised to issue State-recognised diplomas. DK: Condition of nationality for professors. |
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|
|
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|
AT: The management of a branch office must consist of two natural persons resident in Austria. EE: For direct insurance, the management body of an insurance joint-stock company with foreign capital participation may include citizens of non-EU countries only in proportion to the foreign participation and not more than half of the members of the management group. The head of the management of a subsidiary or an independent company must permanently reside in Estonia. ES: Residency requirement and three years of experience for the actuarial profession. HR: Residency requirement. IT: Residency requirement for the actuarial profession. FI: The managing directors and at least one auditor of an insurance company shall have their place of residence in the EU, unless the competent authorities have granted an exemption. The general agent of the foreign insurance company shall have his place of residence in Finland, unless the company has its head office in the EU. |
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|
BG: Permanent residence in Bulgaria is required for the executive directors and the managerial agent. FI: The managing directors and at least one auditor of credits institutions shall have their place of residence in the EU, unless the Financial Supervision Authority has granted an exemption. The broker (individual person) on derivative exchange shall have his place of residence in the EU. HR: Residency requirement. The management board shall direct the business of a credit institution from the territory of the Republic of Croatia. IT: Condition of residence within the territory of a Member State of the EU for ‘promotori di servizi finanziari’ (financial salesmen). LT: At least one manager must be an EU citizen. PL: Nationality requirement for at least one of the bank executives. |
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|
FR: The necessary authorisation for the access to management functions takes into consideration the availability of local managers. LV: Economic needs tests for doctors, dentists, midwives, nurses, physiotherapists and para-medical personnel. PL: Practice of medical profession by foreigners requires the permission. Foreign medical doctors have limited election rights within the professional chambers. |
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|
|
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|
BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds fifty percent. HR: Nationality requirement for hospitality and catering services in households and rural homesteads. |
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|
BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds fifty percent. HR: Approval of the Ministry of Tourism for office manager position. |
||||||||||||||||
|
BG, CY, ES, FR, EL, HR, HU, IT, LT, MT, PL, PT, SK: Nationality condition. |
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|
|
||||||||||||||||
|
FR: The necessary authorisation for the access to management functions is subject to a condition of nationality when the authorisation for more than two years is required. |
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|
|
||||||||||||||||
|
|
||||||||||||||||
|
EU: Nationality condition for ships’ crews. AT: Nationality condition for the majority of managing directors. |
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|
|
||||||||||||||||
|
AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership. DK, HR: Nationality condition and residence requirement for managers. BG, MT: Nationality condition. |
||||||||||||||||
|
AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership. BG, MT: Nationality condition. HR: Nationality condition and residency requirement for managers. |
||||||||||||||||
|
AT: Nationality condition for managing directors. |
||||||||||||||||
|
|
||||||||||||||||
|
EU: Nationality condition for crews for pushing, towing services, and for supporting services for maritime transport. AT: Nationality condition for the majority of managing directors. BG, MT: Nationality condition. DK: Requirement of residence for customs clearance services. EL: Nationality condition for customs clearance services. IT: Requirement of residence for ‘raccomandatorio marittimo’. |
||||||||||||||||
|
|
||||||||||||||||
|
EU: Nationality condition for crews. |
||||||||||||||||
|
AT: nationality condition for persons and shareholders entitled to represent a juridical person or a partnership. BG, MT: Nationality condition. |
||||||||||||||||
|
AT: Nationality condition for managing directors. |
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|
|
||||||||||||||||
|
SK: Residence requirement. |
||||||||||||||||
|
|
||||||||||||||||
|
EU: Nationality condition for specialists and for graduate trainees. |
||||||||||||||||
|
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. AT: Nationality condition for graduate trainees. |
||||||||||||||||
|
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. AT: Nationality condition for graduate trainees. |
||||||||||||||||
|
BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Nationality condition for specialists and for graduate trainees. AT: Nationality condition for graduate trainees. |
||||||||||||||||
|
EU: Nationality condition for specialists and for graduate trainees. |
(1) In order for third-country nationals to obtain EU-wide recognition of their qualifications, it is necessary a Mutual Recognition Agreement negotiated within the framework defined in Article 85 of this Agreement.
(2) This sector does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.(h).
(3) Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.(p).
(4) Includes legal advisory, legal representational, legal arbitration and conciliation/mediation, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the investor or its personnel is qualified to practise as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of EU law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the EU acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EU since it involves practice of EU and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national or belonging to the State in which the lawyer is entitled to practise.
(5) Does not include legal advisory and legal representational services on tax matters, which are to be found under 6.A.(a) (Legal services).
(6) The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.
(7) The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.
(8) Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F.(l)1. to 6.F.(l)4. Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. (Computer services).
(9) Does not include printing services, which fall under CPC 88442 and are to be found under 6.F.(p).
(10) Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 6.B. and 6.F.(l). Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 18.E. and 18.F.
(11) Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT SERVICES under 17.D.(a) (Groundhandling services).
(12) Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in same State when no revenue is involved.
(13) Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 7.A. (Postal and courier services).
(14) Pipeline transportation of fuels is to be found in ENERGY SERVICES under 18.B.
(15) Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.(l)1. to 6.F.(l)4.
(16) Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 18.C.
(17) Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to mining, on land site preparation, on land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services, plugging and abandoning of wells. Does not include direct access to or exploitation of natural resources. Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION SERVICES.
(18) Therapeutical massages and thermal cure services are to be found under 6.A.(h) (Medical services), 6.A.(j)2. (Services provided by nurses, physiotherapists and para-medical personnel and health services) (13.A. and 13.C.).
ANNEX VII
(ANNEX XV TO THE AGREEMENT)
ANNEX XV
ENQUIRY POINTS
FOR THE EU PARTY:
|
EUROPEAN UNION |
E-mail:TRADE-GATS-CONTACT-POINTS@ec.europa.eu |
||||||||||||||
|
AUSTRIA |
Telephone: (43) 1 711 00 (ext. 6915/5946) Telefax: (43) 1 718 05 08 E-Mail:post@C211.bmwfj.gv.at |
||||||||||||||
|
BELGIUM |
Telephone: (32) 2 277 93 57 Telefax: (32) 2 277 53 03 E-mail:info-gats@economie.fgov.be |
||||||||||||||
|
BULGARIA |
Telephone: (359 2) 940 77 61 / (359 2) 940 77 93 Telefax: (359 2) 981 49 15 E-mail:cv.dimitrova@mee.government.bg |
||||||||||||||
|
CROATIA |
tel. 01-6444-600 fax. 01-6444-601 e-mail:info@dutp.hr |
||||||||||||||
|
CYPRUS |
Telephone: (357 22) 406 801 / (357 22) 406 852 Telefax: (357 22) 666 810 E-mail:planning@cytanet.com.cy maria.philippou@planning.gov.cy |
||||||||||||||
|
CZECH REPUBLIC |
Telephone: (420) 2 2485 2973 Telefax: (420) 2 2422 1560 E-mail:vondrackova@mpo.cz |
||||||||||||||
|
DENMARK |
Telephone: (45) 3392 0000 Telefax: (45) 3254 0533 E-mail:hp@um.dk |
||||||||||||||
|
ESTONIA |
Telephone: (372) 639 7654 / (372) 625 6360 Telefax: (372) 631 3660 E-mail:services@mkm.ee |
||||||||||||||
|
FINLAND |
Telephone: (358-9) 1605 5533 Telefax: (358-9) 1605 5576 |
||||||||||||||
|
FRANCE |
Téléphone: (33) (1) 44 87 20 30 Fax: (33) (1) 53 18 96 55
Téléphone: (33) (1) 44 87 10 13 Fax: (33) (1) 44 87 12 61 |
||||||||||||||
|
GERMANY |
Telephone: (49221) 2057 345 Telefax: (49221) 2057 262 E-mail:zoll@gtai.de;trade@gtai.de |
||||||||||||||
|
GREECE |
Telephone: (30 210) 3286121, 3286126 Telefax: (30 210) 3286179 |
||||||||||||||
|
HUNGARY |
Tel: 361 336 7715 Fax: 361 336 7559 E-mail:kereskedelempolitika@gkm.gov.hu |
||||||||||||||
|
IRELAND |
Telephone: (353 1) 6312533 Telefax: (353 1) 6312561 |
||||||||||||||
|
ITALY |
Telephone: (39) 06.3691.4353 / 2648 Telefax: (39) 06.3233458 E-mail:dgce.omc@esteri.it;dgce1@esteri.it
Telephone: (39) 06 3691 2740 Telefax; (39) 06 3691 6703 E-mail:dgie2@esteri.it
Telephone: (39) 06 5993 2589 Telefax: (39) 06 5993 2149 E-mail:polcom5@sviluppoeconomico.gov.it |
||||||||||||||
|
LATVIA |
Telephone: (371) 67 013 008 Telefax: (371) 67 280 882 E-mail:pto@em.gov.lv |
||||||||||||||
|
LITHUANIA |
Telephone: (370 52) 362 594 (370 52) 362 598 Telefax: (370 52) 362 586 E-mail:teo.ed@urm.1t |
||||||||||||||
|
LUXEMBOURG |
Telephone: (352) 478 2355 Telefax: (352) 22 20 48 |
||||||||||||||
|
MALTA |
Telephone: (356) 21 249 359 Fax: (356) 21 249 355 Email:epd@gov.mt joseph.bugeja@gov.mt |
||||||||||||||
|
NETHERLANDS |
Telephone: (3170) 379 6451 (3170) 379 6467 Telefax: (3170) 379 7221 E-mail:M.F.T.RiemslagBaas@MinEZ.nl |
||||||||||||||
|
POLAND |
Telephone: (48 22) 693 4826 / (48 22) 693 4856 / (48 22) 693 4808 Telefax: (48 22) 693 4018 E-mail:SekretariatDPH@mg.gov.pl |
||||||||||||||
|
PORTUGAL |
Telephone: (351 21) 790 95 00 Telefax: (351 21) 790 95 81 E-mail: informação@icep.pt
Telephone: (351 21) 393 55 00 Telefax: (351 21) 395 45 40 |
||||||||||||||
|
ROMANIA |
Telephone: 40214010558, 40214010562 Fax: 40213159698 E-mail:natalia.schink@dce.gov.ro raluca.constantinescu@dce.gov.ro |
||||||||||||||
|
SLOVAK REPUBLIC |
Telephone: (421-2) 4854 7110 Telefax: (421-2) 4854 3116 |
||||||||||||||
|
SLOVENIA |
Telephone: (386 1) 400 35 21 Telefax: (386 1) 400 36 11 E-mail:gp.mg@gov.si Internet:www.mg-rs.si |
||||||||||||||
|
SPAIN |
Telephone: (34 91) 349 3781 Telefax: (34 91) 349 5226 E-mail:sgcominser.sscc@mcx.es |
||||||||||||||
|
SWEDEN |
Telephone: (46 8) 690 4800 Telefax: (46 8) 30 6759 E-mail:registrator@kommers.se Internet:http://www.kommers.se
Telephone: 46 (0) 8 405 10 00 Telefax: 46 (0) 8723 11 76 E-mail:registrator@foreign.ministry.se Internet:http://www.sweden.gov.se/ |
||||||||||||||
|
UNITED KINGDOM |
Telephone: (4420) 7215 5000 Fax: (4420) 7215 2235 E-mail:a133services@bis.gsi.gov.uk Internet:www.bis.gov.uk/policies/trade-policy-unit/trade-in-services |
FOR THE REPUBLICS OF THE CA PARTY:
|
COSTA RICA |
Telephone: (506) 2505-4100/2505-4000 Telefax: (506) 2505-4166 E-mail:dgce@comex.go.cr |
||||
|
EL SALVADOR |
Telephone: (503) 2590-5788 Telefax: (503) 2590-5789 E-Mail:datco@minec.gob.sv |
||||
|
GUATEMALA |
Teléfono: (502) 2412-0200 Telefax: (502) 2412-0327 E-mail:http://dace.mineco.gob.gt/infocomex/infocomex.php |
||||
|
HONDURAS |
Telephone: (504) 2235-5047 Telefax: (504) 2235-5047 Internet:www.sde.gob.hn |
||||
|
NICARAGUA |
Telephone: (505): 2248 9300 Internet:www.mific.gob.ni |
||||
|
PANAMA |
Telephone: (507) 560-0610 Telefax: (507) 560-0618 E-mail:dinatradec@mici.gob.pa apineda@mici.gob.pa Internet:www.mici.gob.pa |
ANNEX VIII
(ANNEX XVI TO THE AGREEMENT)
GOVERNMENT PROCUREMENT
Appendix 1
COVERAGE
SECTION A
G. SCHEDULE OF EU PARTY
The following entities of Croatia should be added to the list entitled ‘Indicative List of Contracting Authorities which are Central Government Authorities as defined by EU Procurement Directive’:
‘Croatia
|
— |
Hrvatski sabor |
|
— |
Predsjednik Republike Hrvatske |
|
— |
Ured predsjednika Republike Hrvatske |
|
— |
Ured predsjednika Republike Hrvatske po prestanku obnašanja dužnosti |
|
— |
Vlada Republike Hrvatske |
|
— |
Uredi Vlade Republike Hrvatske |
|
— |
Ministarstvo gospodarstva |
|
— |
Ministarstvo regionalnoga razvoja i fondova Europske unije |
|
— |
Ministarstvo financija |
|
— |
Ministarstvo obrane |
|
— |
Ministarstvo vanjskih i europskih poslova |
|
— |
Ministarstvo unutarnjih poslova |
|
— |
Ministarstvo pravosuđa |
|
— |
Ministarstvo uprave |
|
— |
Ministarstvo poduzetništva i obrta |
|
— |
Ministarstvo rada i mirovinskoga sustava |
|
— |
Ministarstvo pomorstva, prometa i infrastrukture |
|
— |
Ministarstvo poljoprivrede |
|
— |
Ministarstvo turizma |
|
— |
Ministarstvo zaštite okoliša i prirode |
|
— |
Ministarstvo graditeljstva i prostornoga uređenja |
|
— |
Ministarstvo branitelja |
|
— |
Ministarstvo socijalne politike i mladih |
|
— |
Ministarstvo zdravlja |
|
— |
Ministarstvo znanosti, obrazovanja i sporta |
|
— |
Ministarstvo kulture |
|
— |
Državne upravne organizacije |
|
— |
Županijski uredi državne uprave |
|
— |
Ustavni sud Republike Hrvatske |
|
— |
Vrhovni sud Republike Hrvatske |
|
— |
Sudovi |
|
— |
Državno sudbeno vijeće |
|
— |
Državno odvjetništvo |
|
— |
Državnoodvjetničko vijeće |
|
— |
Pučki pravobranitelj |
|
— |
Državna komisija za kontrolu postupaka javne nabave |
|
— |
Hrvatska narodna banka |
|
— |
Državne agencije i uredi |
|
— |
Državni ured za reviziju’. |
ANNEX IX
(ANNEX XVI OF THE AGREEMENT)
GOVERNMENT PROCUREMENT
Appendix 1
COVERAGE
SECTION B
G. SCHEDULE OF EU PARTY
The following entities of Croatia should be added to the list entitled ‘Indicative Lists of Contracting Authorities which are Bodies Governed by Public Law as defined by EU Procurement Directive’:
‘Croatia
Contracting authorities referred to in Article 5, paragraph 1, item 3 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No. 90/11), i.e. legal persons established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character and which meet one of the following conditions:
|
— |
they are financed from the State Budget or the budget of local or the budget of regional self-government unit or other such legal persons in more than 50 %, or |
|
— |
they are subject to management supervision by state bodies, local and regional self-government units or other such legal, or |
|
— |
they have supervisory board, an administrative or managerial board, more than half of whose members are appointed by the state bodies, local and regional self-government units or other such legal persons. |
For example:
|
— |
Agencija Alan d.o.o. |
|
— |
APIS IT d.o.o. – Agencija za podršku informacijskim sustavima i informacijskim tehnologijama |
|
— |
Ansambl narodnih plesova i pjesama Hrvatske LADO |
|
— |
CARNet – Hrvatska akademska i istraživačka mreža |
|
— |
centri za pomoć i njegu |
|
— |
centri za socijalnu skrb |
|
— |
domovi socijalne skrbi |
|
— |
ustanove za zdravstvenu njegu |
|
— |
državni arhivi |
|
— |
Državni zavod za zaštitu prirode |
|
— |
Fond za financiranje razgradnje i zbrinjavanja radioaktivnog otpada i istrošenoga nuklearnog goriva Nuklearne elektrane Krško |
|
— |
Fond za naknadu oduzete imovine |
|
— |
Fond za obnovu i razvoj grada Vukovara |
|
— |
Fond za profesionalnu rehabilitaciju i zapošljavanje osoba s invaliditetom |
|
— |
Fond za zaštitu okoliša i energetsku učinkovitost |
|
— |
Hrvatska akademija znanosti i umjetnosti |
|
— |
Hrvatska banka za obnovu i razvitak |
|
— |
Hrvatska kontrola zračne plovidbe d.o.o. |
|
— |
Hrvatska lutrija d.o.o. |
|
— |
Hrvatska matica iseljenika |
|
— |
Hrvatska poljoprivredna komora |
|
— |
Hrvatska radiotelevizija |
|
— |
Hrvatska zajednica tehničke kulture |
|
— |
Hrvatski audiovizualni centar |
|
— |
Hrvatski centar za konjogojstvo – Državne ergele Đakovo i Lipik |
|
— |
Hrvatski centar za poljoprivredu, hranu i selo |
|
— |
Hrvatski centar za razminiranje |
|
— |
Hrvatski memorijalno-dokumentacijski centar Domovinskog rata |
|
— |
Hrvatski olimpijski odbor |
|
— |
Hrvatski operator tržišta energije |
|
— |
Hrvatski paraolimpijski odbor |
|
— |
Hrvatski registar brodova |
|
— |
Hrvatski restauratorski zavod |
|
— |
Hrvatski športski savez gluhih |
|
— |
Hrvatski zavod za hitnu medicinu |
|
— |
Hrvatski zavod za javno zdravstvo |
|
— |
Hrvatski zavod za mentalno zdravlje |
|
— |
Hrvatski zavod za mirovinsko osiguranje |
|
— |
Hrvatski zavod za norme |
|
— |
Hrvatski zavod za telemedicinu |
|
— |
Hrvatski zavod za toksikologiju i antidoping |
|
— |
Hrvatski zavod za transfuzijsku medicinu |
|
— |
Hrvatski zavod za zapošljavanje |
|
— |
Hrvatski zavod za zaštitu zdravlja i sigurnost na radu |
|
— |
Hrvatski zavod za zdravstveno osiguranje |
|
— |
Hrvatski zavod za zdravstveno osiguranje zaštite zdravlja na radu |
|
— |
Jadrolinija (brodarsko društvo) |
|
— |
Javna ustanova Hrvatski olimpijski centar |
|
— |
javna visoka učilišta |
|
— |
javne ustanove nacionalni parkovi |
|
— |
javne ustanove parkovi prirode |
|
— |
javni znanstveni instituti |
|
— |
kazališta, muzeji, galerije, knjižnice i druge ustanove u kulturi kojima je osnivač Republika Hrvatska ili jedinice lokalne ili područne (regionalne) samouprave |
|
— |
kaznionice |
|
— |
kliničke bolnice |
|
— |
klinički bolnički centri |
|
— |
klinike |
|
— |
Leksikografski zavod „Miroslav Krleža” |
|
— |
lučke uprave |
|
— |
lječilišta |
|
— |
ljekarničke ustanove čiji je osnivač jedinica područne (regionalne) samouprave |
|
— |
Matica hrvatska |
|
— |
Međunarodni centar za podvodnu arheologiju |
|
— |
Nacionalna i sveučilišna knjižnica |
|
— |
Nacionalna zaklada za potporu učeničkom i studentskom standardu |
|
— |
Nacionalna zaklada za razvoj civilnog društva |
|
— |
Nacionalna zaklada za znanost, visoko školstvo i tehnologijski razvoj Republike Hrvatske |
|
— |
Nacionalni centar za vanjsko vrednovanje obrazovanja |
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— |
Nacionalno vijeće za visoko obrazovanje |
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— |
Nacionalno vijeće za znanost |
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— |
Narodne novine d.d. |
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— |
odgojni zavodi |
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— |
odgojno-obrazovne ustanove kojima je osnivač Republika Hrvatska ili jedinice lokalne ili područne |
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— |
(regionalne) samouprave |
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— |
opće bolnice |
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— |
Plovput d.o.o. (društvo u državnom vlasništvu zaduženo za sigurnost plovidbe) |
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— |
poliklinike |
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— |
specijalne bolnice |
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— |
Središnji registar osiguranika |
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— |
Sveučilišni računski centar |
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— |
športske zajednice |
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— |
športski savezi |
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— |
ustanove za hitnu medicinsku pomoć |
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— |
ustanove za palijativnu skrb |
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— |
ustanove za zdravstvenu njegu |
|
— |
Zaklada policijske solidarnosti |
|
— |
zatvori |
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— |
Zavod za obnovu Dubrovnika |
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— |
Zavod za sjemenarstvo i rasadničarstvo |
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— |
zavodi za javno zdravstvo |
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— |
Zrakoplovno – tehnički centar d.d. |
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— |
županijske uprave za ceste |
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— |
Centar za praćenje poslovanja energetskog sektora i investicija.’. |
ANNEX X
(ANNEX XVI OF THE AGREEMENT)
GOVERNMENT PROCUREMENT
Appendix 1
COVERAGE
SECTION C
G. SCHEDULE OF EU PARTY
The following entities of Croatia should be added to the list entitled ‘Indicative Lists of Contracting Authorities and Public Undertakings fulfilling the Criteria laid down under Section C’:
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(a) |
under the part entitled ‘I. PRODUCTION, TRANSPORT OR DISTRIBUTION OF ELECTRICITY’: ‘Croatia Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No. 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity of construction (providing) of fixed networks or managing fixed networks for public service delivery in relation to the production, transmission and distribution of electric energy and supplying fixed networks with electric energy; such as the entities engaging in the said activities based on the Licence for carrying out energy activities in accordance with the Energy Act (Official Gazette No. 68/01, 177/04, 76/07, 152/08, 127/10);’; |
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(b) |
under the part entitled ‘II. PRODUCTION, TRANSPORT OR DISTRIBUTION OF DRINKING WATER’: ‘Croatia Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No. 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity of construction (providing) of fixed networks or managing fixed networks for public service delivery in relation to the production, transmission and distribution of drinking water and supplying fixed networks with drinking water; such as the entities established by the local self-government units acting as the public supplier of water supply services or drainage services in accordance with the Waters Act (Official Gazette No. 153/09 and 130/11);’; |
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(c) |
under the part entitled ‘III. URBAN RAILWAY, TRAMWAY, TROLLEYBUS OR BUS SERVICES’: ‘Croatia Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No. 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity of making available the networks or managing the networks for public services of urban railway, automated systems, tramway, bus, trolleybus and cable car (cableway) transport; such as the entities engaging in the said activities as a public service in accordance with the Utilities Act (Official Gazette No. 36/95, 70/97, 128/99, 57/00, 129/00, 59/01, 26/03, 82/04, 110/04, 178/04, 38/09, 79/09, 153/09, 49/11, 84/11, 90/11);’; |
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(d) |
under the part entitled ‘IV. MARITIME OR INLAND PORT OR OTHER TERMINAL FACILITIES’: ‘Croatia Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No. 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity relating to the exploiting of a geographical area with the aim of making available sea ports, river ports and other transport terminals to operators in sea or river transport; such as the entities engaging in the said activities based on the awarded concession in accordance with the Maritime Domain and Seaports Act (Official Gazette No. 158/03, 100/04, 141/06 and 38/09);’; |
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(e) |
under the part entitled ‘V. AIRPORT INSTALLATIONS’: ‘Croatia Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No. 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity relating to the exploiting of a geographical area with the aim of making available airports and other terminal equipment to air transport operators; such as the entities engaging in the said activities based on the awarded concession in accordance with the Airports Act (Official Gazette No. 19/98 and 14/11).’; |
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(f) |
under the part entitled ‘VI. RAIL SERVICES’: ‘Croatia Contracting entities referred to in Article 6 of the Zakon o javnoj nabavi (Narodne novine broj 90/11) (Public Procurement Act, Official Gazette No. 90/11) which are public undertakings or contracting authorities and which, in accordance with special regulations, engage in the activity of making available the networks or managing the networks for public railway transport services;’. |
ANNEX XI
(ANNEX XVI OF THE AGREEMENT)
Appendix 2
MEDIA FOR PUBLICATION OF PROCUREMENT INFORMATION
Costa Rica
Laws, administrative rulings and procedures, Diario Oficial La Gaceta
Jurisprudence Boletín Judicial
El Salvador
The information can be published either in the electronic system Comprasal (www.mh.gob.sv/moddiv/HTML/), in the web page of the Asamblea Legislativa de El Salvador, the Corte Suprema de Justicia or in the Diario Oficial.
Guatemala
Diario de Centroamérica, Órgano Oficial de la República de Guatemala
Honduras
Diario Oficial La Gaceta
Electronic System Honducompras
Nicaragua
Sistema de Contrataciones Administrativas del Estado:
www.nicaraguacompra.gob.ni
Panama
Laws administrative rulings: www.gacetaoficial.gob.pa
Jurisprudence: www.organojudicial.gob.pa
European Union
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Belgium |
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Bulgaria |
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Croatia |
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Czech Republic |
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Denmark |
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Germany |
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Estonia |
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Greece |
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Spain |
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France |
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Ireland |
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Italy |
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Cyprus |
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Latvia |
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Lithuania |
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Luxembourg |
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Hungary |
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Malta |
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Netherlands |
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Austria |
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Poland |
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Portugal |
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Romania |
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Slovenia |
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Slovakia |
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Finland |
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Sweden |
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United Kingdom |
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