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Document 22021A0203(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

OJ L 39, 3.2.2021, p. 1–100 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of entry into force unknown (pending notification) or not yet in force., Date of effect: 01/01/1001

3.2.2021   

EN

Official Journal of the European Union

L 39/1


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.

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(1)  OJ L 346, 15.12.2012, p. 3.


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:

‘4.

Movement certificates EUR. 1 issued retrospectively must be endorsed with the phrase “issued retrospectively” in one of the following languages:

 

BG “ИЗДАДЕН ВПОСЛЕДСТВИЕ”

 

ES “EXPEDIDO A POSTERIORI”

 

CS “VYSTAVENO DODATEČNE”

 

DA “UDSTEDT EFTERFØLGENDE”

 

DE “NACHTRÄGLICH AUSGESTELLT”

 

ET “TAGANTJÄRELE VÄLJA ANTUD”

 

EL “ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ”

 

EN “ISSUED RETROSPECTIVELY”

 

FR “DÉLIVRÉ A POSTERIORI”

 

HR “NAKNADNO IZDANO”

 

IT “RILASCIATO A POSTERIORI”

 

LV “IZSNIEGTS RETROSPEKTĪVI”

 

LT “RETROSPEKTYVUSIS IŠDAVIMAS”

 

HU “KIADVA VISSZAMENŐLEGES HATÁLLYAL”

 

MT “MAHRUG RETROSPETTIVAMENT”

 

NL “AFGEGEVEN A POSTERIORI”

 

PL “WYSTAWIONE RETROSPEKTYWNIE”

 

PT “EMITIDO A POSTERIORI”

 

RO “EMIS A POSTERIORI”

 

SK “VYDANÉ DODATOČNE”

 

SL “IZDANO NAKNADNO”

 

FI “ANNETTU JÄLKIKÄTEEN”

 

SV “UTFÄRDAT I EFTERHAND”’.

(2)

Article 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:

‘2.

The duplicate issued in this way must be endorsed with the phrase “duplicate” in one of the following languages:

 

BG “ДУБЛИКАТ”

 

ES “DUPLICADO”

 

CS “DUPLIKÁT”

 

DA “DUPLIKAT”

 

DE “DUPLIKAT”

 

ET “DUPLIKAAT”

 

EL “ΑΝΤΙΓΡΑΦΟ”

 

EN “DUPLICATE”

 

FR “DUPLICATA”

 

HR “DUPLIKAT”

 

IT “DUPLICATO”

 

LV “DUBLIKĀTS”

 

LT “DUBLIKATAS”

 

HU “MÁSODLAT”

 

MT “DUPLIKAT”

 

NL “DUPLICAAT”

 

PL “DUPLIKAT”

 

PT “SEGUNDA VIA”

 

RO “DUPLICAT”

 

SK “DUPLIKÁT”

 

SL “DVOJNIK”

 

FI “KAKSOISKAPPALE”

 

SV “DUPLIKAT”’.


ANNEX 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

SECTION A

EU PARTY

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:

(a)

a first column indicating the sector or subsector in which the commitment is assumed by the Party, and the scope of liberalisation to which the reservations apply;

(b)

a second column describing the applicable reservations.

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:

(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.

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:

AT

Austria

BE

Belgium

BG

Bulgaria

CY

Cyprus

CZ

Czech Republic

DE

Germany

DK

Denmark

EU

EU Party

ES

Spain

EE

Estonia

FI

Finland

FR

France

EL

Greece

HR

Croatia

HU

Hungary

IE

Ireland

IT

Italy

LV

Latvia

LT

Lithuania

LU

Luxembourg

MT

Malta

NL

The Netherlands

PL

Poland

PT

Portugal

RO

Romania

SK

Slovak Republic

SI

Slovenia

SE

Sweden

UK

United Kingdom

Sector or subsector

Description of reservations

ALL SECTORS

Real estate

AT, BG, CY, CZ, DK, EE, ES, EL, FI, HR, HU, IE, IT, LT, LV, MT, PL, RO, SI, SK: Limitations on acquisition of land and real estate by foreign investors. (168)

ALL SECTORS

Public utilities

EU: Economic activities considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators. (169)

ALL SECTORS

Types of establishment

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

BG: Establishment of branches is subject to authorisation.

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

FI: A foreigner carrying on trade as a partner in a Finnish limited or general partnership needs a trade permit and has to be permanently resident in the EU. For all sectors except telecommunications services, nationality condition and residency requirement for at least half of the ordinary and deputy members of the Board of Directors. Company exemptions may, however, be granted. If a foreign organisation intends to carry on a business or trade by establishing a branch in Finland, a trade permit is required. A permission to act as a founder of a limited company is required of a foreign organisation or a private person, who is not an EU citizen. For telecommunications services, permanent residency for half of the founders and half of the members of the board of directors. If the founder is a juridical person, residence requirement for that juridical person.

 

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

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

PL: With the exception of financial services, unbound for branches. Non-EU investors can undertake and conduct economic activity only in the form of a limited partnership, limited joint-stock partnership, limited liability company, and joint-stock company (in the case of legal services only in the form of registered partnership and limited partnership).

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

 

SE: A foreign company (which has not established a legal entity in Sweden) shall conduct its commercial operations through a branch, established in Sweden with independent management and separate accounts. Building projects with duration of less than a year are exempted from the requirements of establishing a branch or appointing a resident representative. A limited liability company (joint stock company) may be established by one or several founders. A founding party shall either reside in Sweden or be a Swedish legal entity. A partnership can only be a founding party if each partner resides in Sweden. Corresponding conditions prevail for establishment of all other types of legal entities. At least fifty percent of the members of the board shall reside in Sweden. Foreign or Swedish citizens not residing in Sweden who wish to conduct commercial operations in Sweden, shall appoint and register with the local authority a resident representative responsible for such activities. Residency conditions might be waived if it can be proved that they are not necessary in a given case.

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

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

ALL SECTORS

Investment

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

BG: In enterprises where the public (State or municipal) share in the equity capital exceeds thirty percent, the transfer of these shares to third parties needs authorisation. Certain economic activities related to the exploitation or use of State or public property are subject to concessions granted under the provisions of the Concessions Act. Foreign investors cannot participate in privatisation. Foreign investors and Bulgarian juridical persons with controlling foreign participation require permission for: (a) prospecting, development or extraction of natural resources from the territorial seam continental shelf or the exclusive economic zone; and (b) acquisition of a controlling participation in companies engaged in any of the activities specified under point (a).

 

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

investments of less than EUR 7,6 million in French enterprises with a turnover not exceeding EUR 76 million are free, after a delay of fifteen days following prior notification and verification that these amounts are met,

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

Foreign participation in newly privatised companies may be limited to a variable amount, determined by the government of France on a case by case basis, of the equity offered to the public. For establishing in certain commercial, industrial or artisanal activities, a specific authorisation is needed if the managing director is not holder of a permanent residence permit.

 

FI: Acquisition of shares by foreign owners giving more than one third of the voting rights of a major Finnish company or a major business undertaking (with more than 1 000 employees or with a turnover exceeding EUR 168 million or with a balance sheet total exceeding EUR 168 million) is subject to confirmation by the Finnish authorities; the confirmation may be denied only if an important national interest would be jeopardised. These limitations do not apply to telecommunications services.

HU: Unbound for foreign participation in newly privatised companies.

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

ALL SECTORS

Geographical zones

FI: In the Åland Islands, limitations on the right of establishment by natural persons who do not enjoy regional citizenship in Åland or by any juridical person without permission by the competent authorities of the Åland Islands.

1.

AGRICULTURE, HUNTING, FORESTRY

 

A.

Agriculture, hunting

(ISIC rev 3.1: 011, 012, 013, 014, 015) excluding advisory and consultancy services (170)

AT, HR, HU, MT, RO: Unbound for agricultural activities.

CY: Non-EU participation is allowed only up to 49 percent.

FR: The establishment of agricultural enterprises by non-EU nationals and the acquisition of vineyards by non-EU investors are subject to authorisation.

IE: Establishment by non-EU residents in flour milling activities is subject to authorisation.

B.

Forestry and logging

(ISIC rev 3.1: 020) excluding advisory and consultancy services (171)

BG: Unbound for logging activities.

2.

FISHING AND AQUACULTURE

(ISIC rev 3.1: 0501, 0502) excluding advisory and consultancy services (172)

AT: At least 25 percent of vessels have to be registered in Austria.

BE, FI, IE, LV, NL, PT, SK: Foreign investors not incorporated and not having their principal office in Belgium, Finland, Ireland, Latvia, the Netherlands, Portugal and the Slovak Republicrespectively cannot own Belgian, Finnish, Irish, Latvian, Dutch, Portuguese and Slovak flag vessels respectively.

CY, EL: Non-EU participation is allowed only up to forty nine percent.

DK: Non-EU residents cannot own one-third or more of a business engaged in commercial fishing. Non-EU residents cannot own Denmark flag vessels except through an enterprise incorporated in Denmark.

FR: Non-EU nationals cannot participate in the maritime State property for fish/shellfish/algae farming. Foreign investors not incorporated and not having their principal office in France cannot own more than fifty percent of a French flag vessel.

 

DE: Sea fishing licence granted only to vessels entitled to fly the flag of Germany. These are fishing vessels of which the majority of shares is owned by EU citizens or companies established in accordance with the EU rules and that have their principal place of business in a Member State. The use of the vessels must be headed and supervised by persons residing in Germany. In order to obtain a fishing licence, all fishing vessels must register with the relevant coastal states in which the ships have their homeports.

EE: Ships are entitled to fly Estonian flag if located in Estonia and majority ownership is held by Estonian nationals in general partnership and in limited partnership companies or other legal entities that are located in Estonia with voting majority held by Estonian nationals in the Board of Management.

BG, HR, HU, LT, MT, RO: Unbound.

IT: Foreigners other than EU residents cannot own a majority interest in Italian flag vessels or a controlling interest in ship owning companies having their headquarters in Italy. Fishing in Italian territorial waters is reserved to Italian flag vessels.

 

SE: Foreign investors not incorporated and not having their principal office in Sweden cannot own more than fifty percent of a Swedish flag vessel. Acquisition by foreign investors of fifty percent or more of shares in firms engaged in commercial fishing activities in Swedish waters requires authorisation.

SI: Ships are entitled to fly the Slovenian flag if more than half of the ship is owned by EU citizens or by juridical persons having their headquarters in an EU Member State.

UK: Reservation on the acquisition of UK flagged vessels, unless the investment is at least seventy five percent owned by British citizens and/or by companies which are at least seventy five percent owned by British citizens, in all cases resident and domiciled in the UK. Vessels must be managed, directed and controlled from within the UK.

3.

MINING AND QUARRYING (173)

A.

Mining of coal and lignite; extraction of peat

(ISIC rev 3.1: 10)

B.

Extraction of crude petroleum and natural gas (174)

(ISIC rev 3.1: 1110)

C.

Mining of metal ores

(ISIC rev 3.1: 13)

D.

Other mining and quarrying

(ISIC rev 3.1: 14)

EU: Investors from countries which are energy suppliers may be prohibited from obtaining control of the activity. Unbound for direct branching (incorporation is required). Unbound for extraction of crude petroleum and natural gas.

ES: Unbound for foreign investment in strategic minerals.

4.

MANUFACTURING (175)

 

A.

Manufacture of food products and beverages

(ISIC rev 3.1: 15)

None.

B.

Manufacture of tobacco products

(ISIC rev 3.1: 16)

None.

C.

Manufacture of textiles

(ISIC rev 3.1: 17)

None.

D.

Manufacture of wearing apparel; dressing and dyeing of fur

(ISIC rev 3.1: 18)

None.

E.

Tanning and dressing of leather; manufacture of luggage, handbags, saddlery, harness and footwear

(ISIC rev 3.1: 19)

None.

F.

Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials

(ISIC rev 3.1: 20)

None.

G.

Manufacture of paper and paper products

(ISIC rev 3.1: 21)

None.

H.

Publishing, printing and reproduction of recorded media (176)

(ISIC rev 3.1: 22, excluding publishing and printing on a fee or contract basis (177)

HR: Residence requirement.

IT: Nationality condition for owner of publishing and printing company.

I.

Manufacture of coke oven products

(ISIC rev 3.1: 231)

None.

J.

Manufacture of refined petroleum products (178)

(ISIC rev 3.1: 232)

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

K.

Manufacture of chemicals and chemical products other than explosives

(ISIC rev 3.1: 24 excluding manufacturing of explosives)

None.

L.

Manufacture of rubber and plastics products

(ISIC rev 3.1: 25)

None.

M.

Manufacture of other non-metallic mineral products

(ISIC rev 3.1: 26)

None.

N.

Manufacture of basic metals

(ISIC rev 3.1: 27)

None.

O.

Manufacture of fabricated metal products, except machinery and equipment

(ISIC rev 3.1: 28)

None.

P.

Manufacture of machinery

 

(a)

Manufacture of general purpose machinery

(ISIC rev 3.1: 291)

None.

(b)

Manufacture of special purpose machinery other than weapons and munitions

(ISIC rev 3.1: 2921, 2922, 2923, 2924, 2925, 2926, 2929)

None.

(c)

Manufacture of domestic appliances n.e.c.

(ISIC rev 3.1: 293)

None.

(d)

Manufacture of office, accounting and computing machinery

(ISIC rev 3.1: 30)

None.

(e)

Manufacture of electrical machinery and apparatus n.e.c.

(ISIC rev 3.1: 31)

None.

(f)

Manufacture of radio, television and communication equipment and apparatus

(ISIC rev 3.1: 32)

None.

Q.

Manufacture of medical, precision and optical instruments, watches and clocks

(ISIC rev 3.1: 33)

None.

R.

Manufacture of motor vehicles, trailers and semi-trailers

(ISIC rev 3.1: 34)

None.

S.

Manufacture of other (non-military) transport equipment

(ISIC rev 3.1: 35 excluding manufacturing of warships, warplanes and other transport equipment for military use)

None.

T.

Manufacture of furniture; manufacturing n.e.c.

(ISIC rev 3.1: 361, 369)

None.

U.

Recycling

(ISIC rev 3.1: 37)

None.

5.

PRODUCTION; TRANSMISSION AND DISTRIBUTION ON OWN ACCOUNT OF ELECTRICITY, GAS, STEAM AND HOT WATER (179)

(EXCLUDING NUCLEAR BASED ELECTRICITY GENERATION)

 

A.

Production of electricity; transmission and distribution of electricity on own account

(part of ISIC rev 3.1: 4010) (180)

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

B.

Manufacture of gas; distribution of gaseous fuels through mains on own account

(part of ISIC rev 3.1: 4020) (181)

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

C.

Production of steam and hot water; distribution of steam and hot water on own account

(part of ISIC rev 3.1: 4030) (182)

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

6.

BUSINESS SERVICES

 

A.

Professional services

 

(a)

Legal services

(CPC 861) (183)

AT: Foreign lawyers’ (who must be fully qualified in their home country) equity participation and shares in the operating result of any law firm may not exceed twenty five percent. They may not have decisive influence in decision making.

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: Quotas apply for appearing before the ‘Cour de cassation’ in non-criminal cases.

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

DK: Only lawyers with a Danish license to practise and law firms registered in Denmark may own shares in a Danish law firm. Only lawyers with a Danish license to practise may sit on the board or be part of the management of a Danish law firm. Requirement of a Danish legal examination in order to obtain a Danish licence.

FR: Some types of legal form (‘association d’avocats’ and ‘société en participation d’avocat’) are reserved to lawyers fully admitted to the Bar in France. In a law firm providing services in respect of French or EU law, at least seventy five percent of the partners holding seventy five percent of the shares shall be lawyers fully admitted to the Bar in France.

 

HR: Representation of parties before courts can be practised only by the members of the Bar Council of Croatia (Croatian title ‘odvjetnici’) . Citizenship requirement for membership in the Bar Council.

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

PL: While other types of legal form are available for EU lawyers, foreign lawyers only have access to the legal forms of registered partnership and limited partnership.

(b) 1.

Accounting and bookkeeping services

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

AT: Foreign accountants’ (who must be authorised according to the law of their home country) equity participation and shares in the operating results of any Austrian legal entity may not exceed twenty five percent, if they are not members of the Austrian Professional Body.

CY: Access is subject to economic needs test. Main criteria: employment situation in the subsector.

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

(b) 2.

Auditing services

(CPC 86211 and 86212 other than accounting services)

AT: Foreign auditors’ (who must be authorised according to the law of their home country) equity participation and shares in the operating results of any Austrian legal entity may not exceed twenty five percent, if they are not members of the Austrian Professional Body.

CY: Access is subject to economic needs test. Main criteria: employment situation in the subsector.

CZ and SK: At least sixty percent of capital share or voting rights are reserved to nationals.

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

FI: Residency requirement for at least one of the auditors of a Finnish liability company.

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

LV: In a commercial company of sworn auditors more than fifty percent of the voting capital shares shall be owned by sworn auditors or commercial companies of sworn auditors of the EU.

 

LT: Non less that seventy five percent of shares should belong to EU auditors or auditing companies.

SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, a.o. in all limited companies. Only such persons may be shareowners or form partnerships in companies which practise qualified auditing (for official purposes). Residency required for approval.

SI: The share of foreign persons in auditing companies may not exceed forty nine percent of the equity.

(c)

Taxation advisory services

(CPC 863) (184)

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

CY: Access is subject to economic needs test. Main criteria: employment situation in the subsector.

(d)

Architectural services

and

(e)

Urban planning and landscape architectural services

(CPC 8671 and CPC 8674)

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

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

(f)

Engineering services

and

(g)

Integrated engineering services

(CPC 8672 and CPC 8673)

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

(h)

Medical (including psychologists) and dental services

(CPC 9312 and part of CPC 85201)

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

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

FI: Unbound.

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

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

BG, LT: The supply of service is subject to authorisation which is based on a health services plan established in function of needs, taking into account the population and already existing medical and dental services.

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

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

(i)

Veterinary services

(CPC 932)

AT: Unbound.

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

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

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

(j) 1.

Midwives services

(part of CPC 93191)

BG, FI, HU, MT, SI: Unbound.

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

LT: Economic needs test may be applied. Main criteria: employment situation in the subsector.

(j) 2.

Services provided by nurses, physiotherapists and paramedical personnel

(part of CPC 93191)

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

BG, MT, SI: Unbound.

FI: Unbound for physiotherapists and paramedical personnel.

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

LT: Economic needs test may be applied. Main criteria: employment situation in the subsector.

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

(k)

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

(CPC 63211)

and other services supplied by pharmacists (185)

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

BE, DE, DK, EE, ES, FR, IT, HR, HU, IE, LV, PT, SK: Authorisation is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies.

B.

Computer and related services

(CPC 84)

None.

C.

Research and development services (186)

(a)

R & D services on natural sciences

(CPC 851)

(b)

R & D services on Social Sciences and Humanities

(CPC 852 excluding psychologists services) (187)

(c)

Interdisciplinary R & D services

(CPC 853)

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

D.

Real estate services (188)

 

(a)

Involving own or leased property

(CPC 821)

None.

(b)

On a fee or contract basis

(CPC 822)

None.

E.

Rental/leasing services without operators

 

(a)

Relating to ships

(CPC 83103)

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

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

(b)

Relating to aircraft

(CPC 83104)

EU: Aircraft used by EU carriers have to be registered in the EU Member State licensing the carrier or elsewhere in the EU. The aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control (including nationality of directors). Waivers can be granted for short term lease contracts or under exceptional circumstances.

(c)

Relating to other transport equipment

(CPC 83101, CPC 83102 and CPC 83105)

None.

(d)

Relating to other machinery and equipment

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

None.

(e)

Relating to personal and household goods

(CPC 832)

AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound for CPC 83202.

(f)

Telecommunications equipment rental

(CPC 7541)

None.

F.

Other business services

 

(a)

Advertising

(CPC 871)

None.

(b)

Market research and opinion polling

(CPC 864)

None.

(c)

Management consulting services

(CPC 865)

None.

(d)

Services related to management Consulting

(CPC 866)

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

(e)

Technical testing and analysis services (189)

(CPC 8676)

None.

(f)

Advisory and consulting services incidental to agriculture, hunting and forestry

(part of CPC 881)

None.

(g)

Advisory and consulting services relating to fishing

(part of CPC 882)

None.

(h)

Advisory and consulting services incidental to manufacturing

(part of CPC 884 and part of CPC 885)

None.

(i)

Placement and supply services of personnel

 

(i) 1.

Executive search

(CPC 87201)

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

(i) 2.

Placement services

(CPC 87202)

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

BE, FR, IT: State monopoly.

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

(i) 3.

Supply Services of office support personnel

(CPC 87203)

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

IT: State monopoly.

(i) 4.

Model agency services

(part of CPC 87209)

None.

(j) 1.

Investigation services

(CPC 87301)

BE, BG, CY, CZ, DE, ES, EE, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI: Unbound.

(j) 2.

Security services

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

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

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

ES: Unbound for direct branching (incorporation is required). Access is subject to prior authorisation.

HR: Unbound.

(k)

Related scientific and technical consulting services (190)

(CPC 8675)

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

(l) 1.

Maintenance and repair of vessels

(part of CPC 8868)

None.

(l) 2.

Maintenance and repair of rail transport equipment

(part of CPC 8868)

LV: State monopoly.

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

(l) 3.

Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment

(CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868)

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

(l) 4.

Maintenance and repair of aircraft and parts thereof

(part of CPC 8868)

None.

(l) 5.

Maintenance and repair services of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods (191)

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

None.

(m)

Building-cleaning services

(CPC 874)

None.

(n)

Photographic services

(CPC 875)

None.

(o)

Packaging services

(CPC 876)

None.

(p)

Printing and publishing

(CPC 88442)

HR: Residency requirements for publisher and editorial board.

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

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

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

(q)

Convention services

(part of CPC 87909)

None.

(r) 1.

Translation and interpretation services

(CPC 87905)

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

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

PL: Unbound for the supply of sworn interpretation services.

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

(r) 2.

Interior design and other specialty design services

(CPC 87907)

None.

(r) 3.

Collection agency services

(CPC 87902)

IT, PT: Nationality condition for investors.

(r) 4.

Credit reporting services

(CPC 87901)

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

IT, PT: Nationality condition for investors.

(r) 5.

Duplicating services

(CPC 87904) (192)

None.

(r) 6.

Telecommunications consulting services

(CPC 7544)

None.

(r) 7.

Telephone answering services

(CPC 87903)

None.

7.

COMMUNICATION SERVICES

 

A.

Postal and courier services

None (193).

(Services relating to the handling (194) of postal items (195) according to the following list of subsectors, whether for domestic or foreign destinations: (i) Handling of addressed written communications on any kind of physical medium (196), including Hybrid mail service and Direct mail; (ii) Handling of addressed parcels and packages (197); (iii) Handling of addressed press products (198); (iv) Handling of items referred to in subsectors (i) to (iii) above as registered or insured mail; (v) Express delivery services (199) for items referred to in subsectors (i) to (iii) above; (vi) Handling of non-addressed items; (vii) Document exchange (200).

 

Subsectors (i), (iv) and (v) are however excluded when they fall into the scope of the services which may be reserved, which is: for items of correspondence the price of which is less than 2,5 times the public basic tariff, provided that they weigh less than 50 grammes (201), plus the registered mail service used in the course of judicial or administrative procedures.)

(part of CPC 751, part of CPC 71235 (202) and part of CPC 73210 (203))

 

B.

Telecommunications Services

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

 

(a)

All services consisting of the transmission and reception of signals by any electromagnetic means (204), excluding broadcasting (205)

None (206).

(b)

Satellite broadcast transmission services (207)

EU: None except that:

the commitments are subject to reciprocity,

service suppliers in this sector may be subject to obligations to safeguard general interest objectives related to the conveyance of content through their network in line with the EU regulatory framework for electronic communications.

BE: Unbound.

8.

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

None.

9.

DISTRIBUTION SERVICES

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

All subsectors mentioned below (208)

AT: Unbound for distribution of pyrotechnical goods, of ignitable articles and blasting devices and of toxic substances. For the distribution of pharmaceutical products and of tobacco products, exclusive rights and/or authorisations can only be granted to EU nationals and to EU juridical persons having their headquarters in the EU.

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

HR: Unbound for distribution of tobacco products.

A.

Commission agents’ services

 

(a)

Commission agents’ services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof

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

None.

(b)

Other commission agents’ services

(CPC 621)

None.

B.

Wholesale trade services

 

(a)

Wholesale trade services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof

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

None.

(b)

Wholesale trade services of telecommunication terminal equipment

(part of CPC 7542)

None.

(c)

Other wholesale trade services

(CPC 622 excluding wholesale trade services of energy products (209))

FR, IT: State monopoly on tobacco.

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

C.

Retailing services (210)

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

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

Retailing services of telecommunication terminal equipment

(part of CPC 7542)

ES, IT: State monopoly on tobacco.

BE, BG, DK, FR, IT, MT, PT: Authorisation for department stores (in the case of FR only for large stores) is subject to an economic needs test. Main criteria: number of and impact on existing stores, population density, geographic spread, impact on traffic conditions and creation of new employment.

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

SE: Authorisation for temporary trade in clothing, shoes and foodstuffs that are not consumed at the point of sale may be subject to an economic needs test. Main criteria: impact on existing stores in the geographic area in question.

Food retailing services

(CPC 631)

Retailing services of other (non-energy) goods, except retail sales of pharmaceutical, medical and orthopaedic goods (211)

(CPC 632 excluding CPC 63211 and 63297)

 

D.

Franchising

(CPC 8929)

None.

10.

EDUCATIONAL SERVICES (only privately funded services)

 

A.

Primary education services

(CPC 921)

B.

Secondary education services

(CPC 922)

C.

Higher education services

(CPC 923)

D.

Adult education services

(CPC 924)

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

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

BG: Unbound for the supply of primary and/or secondary education services by foreign natural persons and associations and for the supply of higher education services.

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

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

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

ES, IT: Needs test for opening private universities authorised to issue recognised diplomas or degrees; procedure involves an advice of the Parliament. Main criteria: population and density of existing establishments.

 

HR: Unbound for primary education services (CPC 921). For secondary education services: None for juridical persons.

HU, SK: The number of schools being established may be limited by local authorities (or in the case of high schools and other higher education institutions by central authorities) in charge of granting licences.

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

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

E.

Other education services

(CPC 929)

AT, BE, BG, CY, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SI, SE, UK: Unbound.

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

11.

ENVIRONMENTAL SERVICES (212)

A.

Waste Water Services

(CPC 9401) (213)

B.

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

(a)

Refuse disposal services

(CPC 9402)

(b)

Sanitation and similar services

(CPC 9403)

C.

Protection of ambient air and climate

(CPC 9404) (214)

None.

D.

Remediation and clean up of soil and waters

(a)

Treatment, remediation of contaminated/polluted soil and water

(part of CPC 9406) (215)

E.

Noise and vibration abatement

(CPC 9405)

F.

Protection of biodiversity and landscape

(a)

Nature and landscape protection services

(part of CPC 9406)

G.

Other environmental and ancillary services

(CPC 9409)

 

12.

FINANCIAL SERVICES

 

A.

Insurance and insurance-related services

AT: The licence for branch offices of foreign insurers has to be denied if the insurer, in the home country, does not have a legal form corresponding or comparable to a joint stock company or a mutual insurance association.

BG, ES: Before establishing a branch or agency in Bulgaria or Spain to provide certain classes of insurance, a foreign insurer must have been authorised to operate in the same classes of insurance in its country of origin for at least five years.

EL: The right of establishment does not cover the creation of representative offices or other permanent presence of insurance companies, except where such offices are established as agencies, branches or head offices.

FI: At least one half of the promoters and members of the board of directors and the supervisory board of an insurance company shall have their place of residence in the EU, unless the competent authorities have granted an exemption. Foreign insurers cannot get a licence in Finland as a branch to carry on statutory pension insurance.

 

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

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

PT: In order to establish a branch in Portugal, foreign insurance companies need to demonstrate prior operational experience of at least five years. Direct branching is not permitted for insurance intermediation, which is reserved to companies formed in accordance with the law of an EU Member State.

SK: Foreign national may establish an insurance company in the form of a joint stock company or may conduct insurance business through their subsidiaries with registered office in the Slovak Republic (no branches).

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

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

B.

Banking and other financial services (excluding insurance)

EU: Only firms having their registered office in the EU can act as depositories of the assets of investment funds. The establishment of a specialised management company, having its head office and registered office in the same Member State, is required to perform the activities of management of unit trusts and investment companies.

BG: Pension insurance shall be implemented through participation in incorporated pension insurance companies (no branches). Permanent residence in Bulgaria is required for the chairperson of the management board and the chairperson of the board of directors.

CY: Only members (brokers) of the Cyprus Stock Exchange can undertake business pertaining to securities brokerage in Cyprus. A brokerage firm may only be registered as a member of the Cyprus Stock Exchange if it has been established and registered in accordance with the Companies Law of Cyprus (no branches).

FI: At least one half of the founders, the members of the board of directors, at least one ordinary and one deputy member of the supervisory board and the person entitled to sign in the name of the credit institution shall have their permanent residence in the EU. Exemption from these requirements may be granted by the competent authorities.

 

HR: None, except for settlement and clearing services where the Central Depositary Agency (CDA) is the sole supplier in Croatia. Access to the services of the CDA will be granted to non-residents on a non-discriminatory basis.

HU: Branches of foreign institutions are not allowed to provide asset management services for private pension funds or management of venture capital. The board of a financial institution should include at least two members, who are Hungarian citizens, residents in the meaning of the relevant foreign exchange regulations and have permanent residency in Hungary for at least one year.

IE: In the case of collective investment schemes constituted as unit trusts and variable capital companies (other than undertakings for collective investment in transferable securities, UCITS), the trustee/depository and management company is required to be incorporated in Ireland or in another Member State of the EU (no branches). In the case of an investment limited partnership, at least one general partner must be incorporated in Ireland. To become a member of a stock exchange in Ireland, an entity must either (i) be authorised in Ireland, which requires that it be incorporated or be a partnership, with a head/registered office in Ireland, or (ii) be authorised in another Member State in accordance with the EU Investment Services Directive.

 

IT: In order to be authorised to manage the securities settlement system with an establishment in Italy, a company is required to be incorporated in Italy (no branches). In order to be authorised to manage central securities depository services with an establishment in Italy, companies are required to be incorporated in Italy (no branches). In the case of collective investment schemes other than UCITS harmonised under EU legislation, the trustee/ depository is required to be incorporated in Italy or in another Member State of the EU and established through a branch in Italy. Management companies of UCITS not harmonised under EU legislation are also required to be incorporated in Italy (no branches). Only banks, insurance companies, investment firms and companies managing UCITS harmonised under EU legislation having their legal head office in the EU, as well as UCITS incorporated in Italy may carry out activity of pension fund resources management. In providing the activity of door-to-door selling, intermediaries must utilise authorised financial salesmen resident within the territory of a Member State of the EU. Representative offices of foreign intermediaries cannot carry out activities aimed at providing investment services.

LT: For the purpose of asset management, incorporation as a specialised management company (no branches) is required. Only firms having their registered office in Lithuania can act as the depositories of the assets.

 

PT: Pension fund management may be provided only by specialised companies incorporated in Portugal for that purpose and by insurance companies established in Portugal and authorised to take up the life insurance business or by entities authorised to pension fund management in other EU Member States (unbound for direct branching from non-EU countries).

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

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

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

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

13.

HEALTH SERVICES AND SOCIAL SERVICES (216)

(only privately funded services)

 

A.

Hospital services

(CPC 9311)

B.

Ambulance services

(CPC 93192)

C.

Residential health facilities other than hospital services

(CPC 93193)

D.

Social services

(CPC 933)

EU: Participation of private operators in the health and social network is subject to concession. Economic needs tests may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment.

AT, SI: Unbound for ambulance services.

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

CZ, FI, MT, SE, SK: Unbound.

HU, SI: Unbound for social services.

PL: Unbound for ambulance services, for residential health facilities other than hospital services and for social services.

BE, UK: Unbound for ambulance services, for residential health facilities other than hospital services and for social services other than convalescent and rest houses and old people’s homes.

CY: Unbound for hospital services, ambulance services, for residential health facilities other than hospital services and for social services other than convalescent and rest houses and old people’s homes.

14.

TOURISM AND TRAVEL RELATED SERVICES

 

A.

Hotel, restaurants and catering

(CPC 641, CPC 642 and CPC 643)

excluding catering in air transport services (217)

BG: Incorporation is required (no branches).

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

B.

Travel agencies and tour operators services (including tour managers)

(CPC 7471)

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

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

C.

Tourist guides services

(CPC 7472)

None.

15.

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

 

A.

Entertainment services (including theatre, live bands, circus and discotheque services)

(CPC 9619)

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

BG: Unbound except for theatrical producer, singer group, band and orchestra entertainment services (CPC 96191), services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192) and ancillary theatrical services (CPC 96193).

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

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

B.

News and press agencies services

(CPC 962)

FR: Foreign participation in companies publishing publications in the French language may not exceed twenty percent of the capital or of voting rights in the company. Establishment of press agencies by foreign investors is subject to reciprocity.

C.

Libraries, archives, museums and other cultural services (218)

(CPC 963)

BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

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

D.

Sporting services

(CPC 9641)

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

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

E.

Recreation park and beach services

(CPC 96491)

None.

16.

TRANSPORT SERVICES

 

A.

Maritime transport (219)

 

(a)

International passenger transportation

(CPC 7211 less national cabotage transport)

(b)

International freight transportation

(CPC 7212 less national cabotage transport) (220)

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

BG, CY, EE, HU, LV, LT, MT, RO: Unbound for establishment of other forms of commercial presence for the supply of international maritime transport services.

DE, ES, FR, FI, EL, IT, LV, MT, PL, PT, SI and SE: Feedering services by authorisation.

B.

Internal waterways transport (221)

 

(a)

Passenger transportation

(CPC 7221)

(b)

Freight transportation

(CPC 7222)

EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Regulations implementing the Mannheim Convention on Rhine Shipping.

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

AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as legal person, nationality condition for the managing board and the supervisory board. Registered company or permanent establishment in Austria is required. In addition the majority of the business shares must be held by EU citizens.

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

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

HR: Unbound.

C.

Rail transport (222)

(a)

Passenger transportation

(CPC 7111)

(b)

Freight transportation

(CPC 7112)

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

HR: Unbound.

D.

Road transport (223)

 

(a)

Passenger transportation

(CPC 7121 and CPC 7122)

EU: Foreign investors cannot provide transport services within a Member State (cabotage), except for rental of non-scheduled services of buses with operator.

EU: Economic needs test for taxi services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment.

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

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

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

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

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

 

IT, PT: Economic needs test for limousine services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment.

ES, IE, IT: Economic needs test for intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment.

FR : Unbound for intercity bussing services.

(b)

Freight transportation (224)

(CPC 7123, excluding transportation of mail on own account (225)).

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

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

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

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

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

E.

Pipeline transport of goods other than fuel (226)  (227)

(CPC 7139)

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

17.

SERVICES AUXILIARY TO TRANSPORT (228)

 

A.

Services auxiliary to maritime transport (229)

(a)

Maritime cargo handling services

(b)

Storage and warehousing services

(part of CPC 742)

(c)

Customs clearance services

(d)

Container station and depot services

(e)

Maritime agency services

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: For pushing and towing services and for supporting services for maritime transport unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.

IT: Economic needs test for maritime cargo-handling services. Main criteria: number of and impact on existing establishments, population density, geographic spread and creation of new employment.

BG: Unbound for direct branching (incorporation is required). Participation in Bulgarian companies is limited to forty nine percent.

(f)

Maritime freight forwarding services

(g)

Rental of vessels with crew

(CPC 7213)

(h)

Pushing and towing services

(CPC 7214)

(i)

Supporting services for maritime transport

(part of CPC 745)

(j)

Other supporting and auxiliary services (including catering)

(part of CPC 749)

HR: Unbound for (c) Customs clearance services, (d) Container station and depot services, (e) Maritime agency services and (f) Maritime freight forwarding services. For (a) Maritime cargo handling services, (b) Storage and warehousing services, (j) Other supporting and auxiliary services (including catering), (h) Pushing and towing services and (i) Supporting services for maritime transport: None, except that foreign legal person is required to establish a company in Croatia which should be granted a concession by the port authority, following a public tendering procedure. The number of service suppliers may be limited reflecting limitations in port capacity.

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

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

B.

Services auxiliary to internal waterways transport (230)

(a)

Cargo-handling services

(part of CPC 741)

(b)

Storage and warehouse services

(part of CPC 742)

(c)

Freight transport agency services

(part of CPC 748)

EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Regulations implementing the Mannheim Convention on Rhine Shipping.

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for pushing and towing services and supporting services for internal waterway transport.

AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as legal person, nationality condition for the managing board and the supervisory board. Registered company or permanent establishment in Austria is required. In addition the majority of the business shares must be held by EU citizens.

(d)

Rental of vessels with crew

(CPC 7223)

(e)

Pushing and towing services

(CPC 7224)

(f)

Supporting services for internal waterway transport

(part of CPC 745)

(g)

Other supporting and auxiliary services

(part of CPC 749)

BG: Unbound for direct branching (incorporation is required). Participation in Bulgarian companies is limited to forty nine percent.

HR: Unbound.

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

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

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

C.

Services auxiliary to rail transport (231)

(a)

Cargo-handling services

(part of CPC 741)

(b)

Storage and warehouse services

(part of CPC 742)

(c)

Freight transport agency services

(part of CPC 748)

(d)

Pushing and towing services

(CPC 7113)

BG: Unbound for direct branching (incorporation is required). Participation in Bulgarian companies is limited to forty nine percent.

HR: Unbound for (d) (Pushing and towing services).

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

(e)

Supporting services for rail transport services

(CPC 743)

(f)

Other supporting and auxiliary services

(part of CPC 749)

 

D.

Services auxiliary to road transport (232)

(a)

Cargo-handling services

(part of CPC 741)

(b)

Storage and warehouse services

(part of CPC 742)

(c)

Freight transport agency services

(part of CPC 748)

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

BG: Unbound for direct branching (incorporation is required). Participation in Bulgarian companies is limited to forty nine percent.

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

HR: Unbound for (d) (Rental of commercial road vehicles with operators).

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

(d)

Rental of commercial road vehicles with operators

(CPC 7124)

(e)

Supporting services for road transport equipment

(CPC 744)

(f)

Other supporting and auxiliary services

(part of CPC 749)

 

E.

Services auxiliary to air transport services

 

(a)

Ground handling services

(including catering)

EU: None except that:

the commitments are subject to reciprocity,

categories of activities depend of size of airport. The number of providers in each airport can be limited due to available-space constraints and to not less than two suppliers for other reasons.

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

HR: Unbound.

(b)

Storage and warehouse services

(part of CPC 742)

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

PL: For storage services of frozen or refrigerated goods and bulk storage services of liquids or gases, categories of activities depend of size of airport. The number of providers in each airport can be limited due to available-space constraints and to not less than two suppliers for other reasons.

(c)

Freight transport agency services

(part of CPC 748)

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

HU: Unbound.

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

(d)

Rental of aircraft with crew

(CPC 734)

EU: Aircraft used by EU carriers have to be registered in the EU Member State licensing the carrier or elsewhere in the EU. The aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control (including nationality of directors). Waivers can be granted for short term lease contracts or under exceptional circumstances.

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

(e)

Sales and marketing

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

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

(f)

Computer reservations system

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

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

(g)

Airport management (233)

EU: The commitments are subject to reciprocity.

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

PL: Foreign participation is limited to forty nine percent.

HR: Unbound.

F.

Services auxiliary to pipeline transport of goods other than fuel (234)

(a)

Storage and warehouse services of goods other than fuel transported by pipelines (235)

(part of CPC 742)

None.

18.

ENERGY SERVICES

 

A.

Services incidental to mining (236)

(CPC 883) (237)

None.

B.

Pipeline transportation of fuels (238)

(CPC 7131)

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

C.

Storage and warehouse services of fuels transported through pipelines (239)

(part of CPC 742)

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

D.

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

(CPC 62271)

and wholesale trade services of electricity, steam and hot water (240)

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

E.

Retailing services of motor fuel

(CPC 613)

F.

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

(CPC 63297)

and retailing services of electricity, (non bottled) gas, steam and hot water (241)

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

BE, BG, DK, FR, IT, MT, PT: For retail sales of fuel oil, bottled gas, coal and wood, authorisation for department stores (in the case of FR only for large stores) is subject to an economic needs test. Main criteria: number of and impact on existing stores, population density, geographic spread, impact on traffic conditions and creation of new employment.

G.

Services incidental to energy distribution (242)

(CPC 887)

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, HU, IT, LU, LT, MT, NL, PL, PT, RO, SK, SE, UK: Unbound except for consultancy services, where: none.

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

19.

OTHER SERVICES NOT INCLUDED ELSEWHERE

 

(a)

Washing, cleaning and dyeing services

(CPC 9701)

None.

(b)

Hairdressing services

(CPC 97021)

IT: Economic needs tests applied on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business.

(c)

Cosmetic treatment, manicuring and pedicuring services

(CPC 97022)

IT: Economic needs tests applied on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business.

(d)

Other beauty treatment services n.e.c.

(CPC 97029)

IT: Economic needs tests applied on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business.

(e)

Spa services and non-therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or rehabilitation purposes (243)  (244)

(CPC ver. 1.0 97230)

None.

(f)

Telecommunications connection services

(CPC 7543)

None.


(168)  As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.

(169)  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.

(170)  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).

(171)  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).

(172)  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).

(173)  The horizontal limitation on public utilities applies.

(174)  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.

(175)  Does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.(h).

(176)  The sector is limited to manufacturing activities. It does not include activities which are audiovisual related or present a cultural content.

(177)  Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.(p).

(178)  The horizontal limitation on public utilities applies.

(179)  The horizontal limitation on public utilities applies.

(180)  Does not include operation of electricity transmission and distribution systems on a fee or contract basis, which are to be found in ENERGY SERVICES.

(181)  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.

(182)  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.

(183)  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.

(184)  Does not include legal advisory and legal representational services on tax matters, which are to be found under 6.A.(a) (Legal services).

(185)  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.

(186)  The horizontal limitation on public utilities applies.

(187)  Part of CPC 85201 which is to be found under 6.A.(h) (Medical and dental services).

(188)  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.

(189)  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).

(190)  The horizontal limitation on public utilities applies to certain activities related to mining (minerals, oil, gas, etc.).

(191)  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).

(192)  Does not include printing services, which fall under CPC 88442 and are to be found under 6.F.(p).

(193)  For subsectors (i) to (iv), individual licences imposing particular universal services obligations and/or financial contribution to a compensation fund may be required.

(194)  The term ‘handling’ should be taken to include clearance, sorting, transport and delivery.

(195)  ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.

(196)  For example letter, postcards.

(197)  Books, catalogues are included hereunder.

(198)  Journals, newspapers, periodicals.

(199)  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.

(200)  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.

(201)  ‘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.

(202)  Transportation of mail on own account by any land mode.

(203)  Transportation of mail on own account by air.

(204)  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).

(205)  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.

(206)  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.

(207)  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.

(208)  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.

(209)  These services, which include CPC 62271, are to be found in ENERGY SERVICES under 18.D.

(210)  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.

(211)  Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 6.A.(k).

(212)  The horizontal limitation on public utilities applies.

(213)  Corresponds to sewage services.

(214)  Corresponds to Cleaning services of exhaust gases.

(215)  Corresponds to parts of Nature and landscape protection services.

(216)  The horizontal limitation on public utilities applies.

(217)  Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT SERVICES under 17.E.(a) (Ground handling services).

(218)  The horizontal limitation on public utilities applies.

(219)  The horizontal limitation on public utilities applies to port services and other maritime transport services requiring the use of the public domain.

(220)  Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in same State when no revenue is involved.

(221)  The horizontal limitation on public utilities applies to port services and other internal waterway transport services requiring the use of the public domain.

(222)  The horizontal limitation on public utilities applies to rail transport services requiring the use of the public domain.

(223)  The horizontal limitation on public utilities applies.

(224)  The horizontal limitation on public utilities applies in some Member States of the European Union.

(225)  Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 7.A. (Postal and courier services).

(226)  Pipeline transportation of fuels is to be found in ENERGY SERVICES under 18.B.

(227)  The horizontal limitation on public utilities applies.

(228)  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.

(229)  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.

(230)  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.

(231)  The horizontal limitation on public utilities applies when the services require the use of the public domain.

(232)  The horizontal limitation on public utilities applies when the services require the use of the public domain.

(233)  The horizontal limitation on public utilities applies.

(234)  Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 18.C.

(235)  The horizontal limitation on public utilities applies.

(236)  The horizontal limitation on public utilities applies.

(237)  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.

(238)  The horizontal limitation on public utilities applies.

(239)  The horizontal limitation on public utilities applies.

(240)  The horizontal limitation on public utilities applies.

(241)  The horizontal limitation on public utilities applies.

(242)  Except for consulting services, the horizontal limitation on public utilities applies.

(243)  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.).

(244)  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

SECTION A

EU PARTY

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:

(a)

a first column indicating the sector or subsector in which the commitment is assumed by the Party, and the scope of liberalisation to which the reservations apply;

(b)

a second column describing the applicable reservations.

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:

(a)

‘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;

(b)

‘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.

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:

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

ALL SECTORS

Real estate

For Modes 1 and 2

AT, BG, CY, CZ, DK, EE, EL, FI, HU, IE, IT, LT, LV, MT, PL, RO, SI, SK: Limitations on acquisition of land and real estate by foreign investors. (527)

1.

BUSINESS SERVICES

 

A.

Professional services

 

(a)

Legal services

(CPC 861) (528)

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

For Modes 1 and 2

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

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: Unbound for practicing of Croatian law.

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.

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

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

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

(b) 1.

Accounting and bookkeeping services

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

For Mode 1

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

AT: Nationality condition for representation before competent authorities.

For Mode 2

None.

(b) 2.

Auditing services

(CPC 86211 and 86212 other than accounting services)

For Mode 1

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

AT: Nationality condition for representation before competent authorities and for performing audits provided for in specific Austrian laws (for example joint stock companies law, stock exchange law, banking law, etc.).

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

SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, a.o. in all limited companies. Only such persons may be shareowners or form partnerships in companies which practise qualified auditing (for official purposes). Residency required for approval.

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

For Mode 2

None.

(c)

Taxation advisory services

(CPC 863) (529)

For Mode 1

AT: Nationality condition for representation before competent authorities.

CY: Tax agents must be duly authorised by the Minister of Finance. Authorisation is subject to an economic needs test. The criteria used are analogous to those for granting permission for foreign investment (listed in horizontal section), as they apply to this subsector, always taking into consideration the employment situation in the subsector.

BG, MT, RO and SI: Unbound.

For Mode 2

None.

(d)

Architectural services

and

(e)

Urban planning and landscape architectural services

(CPC 8671 and CPC 8674)

For Mode 1

AT: Unbound except for planning services.

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

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

HR: Natural and legal persons may supply architectural services upon approval of the Croatian Chamber of Architects. A design or project elaborated abroad must be recognized (validated) by an authorized natural or legal person in Croatia with regard to its compliance with Croatian law. Unbound for urban planning.

HU, RO: Unbound for landscape architectural services.

For Mode 2

None.

(f)

Engineering services

and

(g)

Integrated engineering services

(CPC 8672 and CPC 8673)

For Mode 1

AT, SI: Unbound except for pure planning services.

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

HR: Natural and legal persons may supply engineering services upon approval of the Croatian Chamber of Engineers. A design or project elaborated abroad must be recognized (validated) by an authorized natural or legal person in Croatia with regard to its compliance with Croatian law.

For Mode 2

None.

(h)

Medical (including psychologists) and dental services

(CPC 9312 and part of CPC 85201)

For Mode 1

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

HR: Unbound, except for telemedicine.

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

For Mode 2

None.

(i)

Veterinary services

(CPC 932)

For Mode 1

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

UK: Unbound except for veterinary laboratory and technical services supplied to veterinary surgeons, general advice, guidance and information for example nutritional, behaviour and pet care.

For Mode 2

None.

(j) 1.

Midwives services

(part of CPC 93191)

(j) 2.

Services provided by nurses, physiotherapists and paramedical personnel

(part of CPC 93191)

For Mode 1

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

FI, PL: Unbound except for nurses.

HR: Unbound, except for telemedicine.

For Mode 2

None.

(k)

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

(CPC 63211)

and other services supplied by pharmacists (530)

For Mode 1

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

CZ, LV, LT: Unbound except for mail order.

HU: Unbound except for CPC 63211.

For Mode 2

None.

B.

Computer and related services

(CPC 84)

For Modes 1 and 2

None.

C.

Research and development services

 

(a)

R & D services on natural sciences

(CPC 851)

(b)

R & D services on social sciences and humanities

(CPC 852 excluding psychologists services) (531)

(c)

Interdisciplinary R & D services

(CPC 853)

For Modes 1 and 2

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

D.

Real estate services (532)

 

(a)

Involving own or leased property

(CPC 821)

For Mode 1

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

HR: Commercial presence required.

For Mode 2

None.

(b)

On a fee or contract basis

(CPC 822)

For Mode 1

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

HR: Commercial presence required.

For Mode 2

None.

E.

Rental/leasing services without operators

 

(a)

Relating to ships

(CPC 83103)

For Mode 1

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

For Mode 2

None.

(b)

Relating to aircraft

(CPC 83104)

For Modes 1 and 2

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

EU: Aircraft used by EU air carriers have to be registered in the Member State licensing the air carrier or elsewhere in the EU. Waivers can be granted for short term lease contracts or under exceptional circumstances.

(c)

Relating to other transport equipment

(CPC 83101, CPC 83102 and CPC 83105)

For Mode 1

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

For Mode 2

None.

(d)

Relating to other machinery and equipment

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

For Mode 1

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

For Mode 2

None.

(e)

Relating to personal and household goods

(CPC 832)

For Modes 1 and 2

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

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

(f)

Telecommunications equipment rental

(CPC 7541)

For Modes 1 and 2

None.

F.

Other business services

 

(a)

Advertising

(CPC 871)

For Modes 1 and 2

None.

(b)

Market research and opinion polling

(CPC 864)

For Modes 1 and 2

None.

(c)

Management consulting services

(CPC 865)

For Modes 1 and 2

None.

(d)

Services related to management consulting

(CPC 866)

For Modes 1 and 2

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

(e)

Technical testing and analysis services

(CPC 8676)

For Mode 1

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

HR: Unbound for services related to issuance of mandatory certificates and similar official documents.

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

For Mode 2

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

HR: Unbound for services related to issuance of mandatory certificates and similar official documents.

(f)

Advisory and consulting services incidental to agriculture, hunting and forestry

(part of CPC 881)

For Mode 1

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

EE, MT, RO, SI: Unbound.

For Mode 2

None.

(g)

Advisory and consulting services relating to fishing

(part of CPC 882)

For Mode 1

LV, MT, RO, SI: Unbound.

For Mode 2

None.

(h)

Advisory and consulting services incidental to manufacturing

(part of CPC 884 and part of CPC 885)

For Modes 1 and 2

None.

(i)

Placement and supply services of personnel

 

(i) 1.

Executive search

(CPC 87201)

For Mode 1

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

For Mode 2

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

(i) 2.

Placement services

(CPC 87202)

For Mode 1

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

For Mode 2

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

(i) 3.

Supply services of office support personnel

(CPC 87203)

For Mode 1

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

For Mode 2

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

(j) 1.

Investigation services

(CPC 87301)

For Modes 1 and 2

BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, UK: Unbound.

(j) 2.

Security services

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

For Modes 1 and 2

HU: Unbound for CPC 87304, CPC 87305.

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

(k)

Related scientific and technical consulting services

(CPC 8675)

For Mode 1

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

HR: Services of basic geological, geodetic and mining consulting services as well as related environmental protection consulting services on the territory of Croatia can be carried out only jointly with/or through domestic legal persons.

For Mode 2

None.

(l) 1.

Maintenance and repair of vessels

(part of CPC 8868)

For Mode 1

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

For internal waterways transport vessels: EU: Unbound.

For Mode 2

None.

(l) 2.

Maintenance and repair of rail transport equipment

(part of CPC 8868)

For Mode 1

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

For Mode 2

None.

(l) 3.

Maintenance and repair of motor vehicles, motorcycles, snowmobiles and road transport equipment

(CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868)

For Modes 1 and 2

None.

(l) 4.

Maintenance and repair of aircraft and parts thereof

(part of CPC 8868)

For Mode 1

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

For Mode 2

None.

(l) 5.

Maintenance and repair services of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods (533)

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

For Modes 1 and 2

None.

(m)

Building-cleaning services

(CPC 874)

For Mode 1

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

For Mode 2

None.

(n)

Photographic services

(CPC 875)

For Mode 1

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

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

For Mode 2

None.

(o)

Packaging services

(CPC 876)

For Modes 1 and 2

None.

(p)

Printing and publishing

(CPC 88442)

For Modes 1 and 2

None.

(q)

Convention services

(part of CPC 87909)

For Modes 1 and 2

None.

(r) 1.

Translation and interpretation services

(CPC 87905)

For Mode 1

PL: Unbound for services of sworn interpreters.

HR: Unbound for official documents.

HU, SK: Unbound for official translation and interpretation.

For Mode 2

None.

(r) 2.

Interior design and other specialty design services

(CPC 87907)

For Mode 1

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

For Mode 2

None.

(r) 3.

Collection agency services

(CPC 87902)

For Modes 1 and 2

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

(r) 4.

Credit reporting services

(CPC 87901)

For Modes 1 and 2

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

(r) 5.

Duplicating services

(CPC 87904) (534)

For Mode 1

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

For Mode 2

None.

(r) 6.

Telecommunications consulting services

(CPC 7544)

For Modes 1 and 2

None.

(r) 7.

Telephone answering services

(CPC 87903)

For Modes 1 and 2

None.

2.

COMMUNICATION SERVICES

 

A.

Postal and courier services

For Modes 1 and 2

None. (535)

(Services relating to the handling (536) of postal items (537) according to the following list of subsectors, whether for domestic or foreign destinations: (i) Handling of addressed written communications on any kind of physical medium (538), including Hybrid mail service and Direct mail; (ii) Handling of addressed parcels and packages (539); (iii) Handling of addressed press products (540); (iv) Handling of items referred to in subsectors (i) to (iii) above as registered or insured mail; (v) Express delivery services (541) for items referred to in subsectors (i) to (iii) above; (vi) Handling of non-addressed items; (vii) Document exchange (542).

 

Subsectors (i), (iv) and (v) are however excluded when they fall into the scope of the services which may be reserved, which is: for items of correspondence the price of which is less than 2,5 times the public basic tariff, provided that they weigh less than 50 grammes (543), plus the registered mail service used in the course of judicial or administrative procedures.)

(part of CPC 751, part of CPC 71235 (544) and part of CPC 73210 (545))

 

B.

Telecommunications Services

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

 

(a)

All services consisting of the transmission and reception of signals by any electromagnetic means (546), excluding broadcasting (547)

For Modes 1 and 2

None.

(b)

Satellite broadcast transmission services (548)

For Modes 1 and 2

EU: None except that service providers in this sector may be subject to obligations to safeguard general interest objectives related to the conveyance of content through their network in line with the EU regulatory framework for electronic communications.

BE: Unbound.

3.

CONSTRUCTION AND RELATED ENGINEERING SERVICES

(CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518)

For Mode 1

None.

For Mode 2

None.

4.

DISTRIBUTION SERVICES

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

A.

Commission agents’ services

(a)

Commission agents’ services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof

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

(b)

Other commission agents’ services

(CPC 621)

For Modes 1 and 2

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

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

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

HR: Unbound for tobacco products.

B.

Wholesale trade services

(a)

Wholesale trade services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof

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

(b)

Wholesale trade services of telecommunication terminal equipment

(part of CPC 7542)

(c)

Other wholesale trade services

(CPC 622 excluding wholesale trade services of energy products (549))

For Mode 1

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

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

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

SE: Unbound for retail distribution of alcoholic beverages.

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

BG, HU, PL: Unbound for commodity brokers’ services.

FR: For commission agents’ services, unbound for traders and brokers working in 17 markets of national interest on fresh food products. Unbound for wholesale of pharmaceuticals.

MT: Unbound for commission agents’ services.

BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, SK, UK: For retailing services, unbound except for mail order.

C.

Retailing services (550)

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

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

Retailing services of telecommunication terminal equipment

(part of CPC 7542)

Food retailing services

(CPC 631)

 

Retailing services of other (non-energy) goods, except retail sales of pharmaceutical, medical and orthopaedic goods (551)

(CPC 632 excluding CPC 63211 and 63297)

D.

Franchising

(CPC 8929)

 

5.

EDUCATIONAL SERVICES (only privately-funded services)

 

A.

Primary education services

(CPC 921)

For Mode 1

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

For Mode 2

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

B.

Secondary education services

(CPC 922)

For Mode 1

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

For Mode 2

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

For Modes 1 and 2

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

C.

Higher education services

(CPC 923)

For Mode 1

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

For Mode 2

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

For Modes 1 and 2

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

D.

Adult education services

(CPC 924)

For Modes 1 and 2

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

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

E.

Other education services

(CPC 929)

For Modes 1 and 2

AT, BE, BG, CY, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SI, SE, UK: Unbound.

HR: None for correspondence education or education via telecommunications.

6.

ENVIRONMENTAL SERVICES

A.

Waste water services

(CPC 9401) (552)

B.

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

(a)

Refuse disposal services

(CPC 9402)

(b)

Sanitation and similar services

(CPC 9403)

C.

Protection of ambient air and climate

(CPC 9404) (553)

For Mode 1

EU: Unbound except for consulting services.

For Mode 2

None.

D.

Remediation and clean-up of soil and waters

Treatment, remediation of contaminated/polluted soil and water

(part of CPC 94060) (554)

E.

Noise and vibration abatement

(CPC 9405)

F.

Protection of biodiversity and landscape

Nature and landscape protection services

(part of CPC 9406)

G.

Other environmental and ancillary services

(CPC 94090)

 

7.

FINANCIAL SERVICES

 

A.

Insurance and insurance-related services

For Modes 1 and 2

AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PL, PT, RO, SK, SE, SI, UK: Unbound for direct insurance services except for insurance of risks relating to:

(i)

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

(ii)

goods in international transit.

AT: Promotional activity and intermediation on behalf of a subsidiary not established in the EU or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited. Compulsory air insurance, except for insurance of international commercial air transport, can be underwritten only by a subsidiary established in the EU or by a branch established in Austria. Higher premium tax is due for insurance contracts (except for contracts on reinsurance and retrocession) which are written by a subsidiary not established in the EU or by a branch not established in Austria. Exception from the higher tax can be granted.

 

DK: Compulsory air transport insurance can be underwritten only by firms established in the EU. No persons or companies (including insurance companies) may for business purposes in Denmark assist in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed by Danish law or by Danish competent authorities.

DE: Compulsory air insurance policies can be underwritten only by a subsidiary established in the EU or by a branch established in Germany. If a foreign insurance company has established a branch in Germany, it may conclude insurance contracts in Germany relating to international transport only through the branch established in Germany.

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

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

 

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

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

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

For Mode 1

AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PT, RO, SK, SE, SI, UK: Unbound for direct insurance intermediation services except for insurance of risks relating to:

(i)

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

(ii)

goods in international transit.

 

BG: Unbound for direct insurance, except for services supplied by foreign suppliers to foreign persons in the territory of the Republic of Bulgaria. Transport insurance, covering goods, insurance of vehicles as such and liability insurance regarding risks located in the Republic of Bulgaria may not be underwritten by foreign insurance companies directly. A foreign insurance company may conclude insurance contracts only through a branch. Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes.

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

(i)

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

(ii)

goods in international transit.

 

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

(i)

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

(ii)

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

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

FI: Only insurers having their head-office in the EU or having their branch in Finland may offer direct insurance (including co-insurance) services. The supply of insurance broker services is subject to a permanent place of business in the EU.

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

(a)

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

(b)

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

(c)

marine, aviation, transport.

 

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

IT: Unbound for the actuarial profession. Transport insurance of goods, insurance of vehicles as such and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the EU. This reservation does not apply for international transport involving imports into Italy.

SE: The supply of direct insurance is allowed only through an insurance service supplier authorised in Sweden, provided that the foreign service supplier and the Swedish insurance company belong to the same group of companies or have an agreement of cooperation between them.

 

For Mode 2

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

BG: For direct insurance, Bulgarian natural and juridical persons, as well as foreign persons who conduct business activity in the territory of the Republic of Bulgaria, can conclude insurance contracts only with suppliers with respect to their activity in Bulgaria, which are licensed to conduct insurance activity in Bulgaria. Insurance compensation resulting from these contracts shall be paid in Bulgaria. Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes.

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

(a)

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

(b)

non-life insurance:

(i)

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

 

(ii)

personal or property risk insurance that is not available in the Republic of Croatia,

companies purchasing insurance abroad in connection with investment works abroad including the equipment for those works,

for ensuring the return of foreign loans (collateral insurance),

personal and property insurance of wholly-owned enterprises and joint ventures which perform an economic activity in a foreign country, if it is in accordance with the regulations of that country or it is required by its registration,

ships under construction and overhaul if it is stipulated by the contract concluded with the foreign client (buyer);

(c)

marine, aviation, transport.

IT: Transport insurance of goods, insurance of vehicles as such and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the EU. This reservation does not apply for international transport involving imports into Italy.

B.

Banking and other financial services (excluding insurance)

For Mode 1

AT, BE, BG, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PL, PT, SK, SE, UK: Unbound except for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.

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

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

CY: Unbound except for trading of transferable securities, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.

EE: For acceptance of deposits, requirement of authorisation by Estonian financial Supervision Authority and registration under Estonian law as a joint-stock company, a subsidiary or a branch.

EE: The establishment of a specialised management company is required to perform the activities of management of investment funds, and only firms having their registered office in the EU can act as depositories of the assets of investment funds.

 

HR: Unbound except for lending, financial leasing, payment and money transmission services, guarantees and commitments, money broking , provision and transfer of financial information and advisory and other auxiliary financial services, excluding intermediation.

LT: The establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies, and only firms having their registered office in the EU can act as depositories of the assets of investment funds.

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

 

IT: Unbound for ‘promotori di servizi finanziari’ (financial salesmen).

LV: Unbound except for participation in issues of all kinds of securities, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.

LT: Commercial presence is required for pension fund management.

MT: Unbound except for acceptance of deposits, for lending of all types, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.

PL: For the provision and transfer of financial information, and financial data processing and related software: Requirement to use the public telecommunication network, or the network of other authorised operator.

RO: Unbound for financial leasing, for trading of money market instruments, foreign exchange, derivative products, exchange rate and interest rate instruments, transferable securities and other negotiable instruments and financial assets, for participation in issues of all kinds of securities, for asset management and for settlement and clearing services for financial assets. Payments and money transmission services are allowed only through a resident bank.

 

SI:

(i)

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

(ii)

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

For Mode 2

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

PL: For the provision and transfer of financial information, and financial data processing and related software: Requirement to use the public telecommunication network, or the network of another authorised operator.

8.

HEALTH SERVICES AND SOCIAL SERVICES

(only privately-funded services)

 

A.

Hospital services

(CPC 9311)

C.

Residential health facilities other than hospital services

(CPC 93193)

For Mode 1

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

For Mode 2

None.

D.

Social services

(CPC 933)

For Mode 1

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

For Mode 2

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

9.

TOURISM AND TRAVEL RELATED SERVICES

 

A.

Hotel, restaurants and catering

(CPC 641, CPC 642 and CPC 643)

excluding catering in air transport services (555)

For Mode 1

AT, BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound except for catering.

HR: Unbound.

For Mode 2

None.

B.

Travel agencies and tour operators services

(including tour managers)

(CPC 7471)

For Mode 1

BG, HU: Unbound.

For Mode 2

None.

C.

Tourist guides services

(CPC 7472)

For Mode 1

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

For Mode 2

None.

10.

RECREATIONAL, CULTURAL AND SPORTING SERVICES

(other than audio-visual services)

 

A.

Entertainment services (including theatre, live bands, circus and discotheque services)

(CPC 9619)

For Mode 1

BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, UK: Unbound.

For Mode 2

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

BG: Unbound, except for theatrical producer, singer group, band and orchestra entertainment services (CPC 96191); services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192); ancillary theatrical services (CPC 96193).

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

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

B.

News and press agencies services

(CPC 962)

For Modes 1 and 2

None.

C.

Libraries, archives museums and other cultural services

(CPC 963)

For Mode 1

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

For Mode 2

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

D.

Sporting services

(CPC 9641)

For Modes 1 and 2

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

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

For Mode 1

CY, EE: Unbound.

E.

Recreation park and beach services

(CPC 96491)

For Modes 1 and 2

None.

11.

TRANSPORT SERVICES

 

A.

Maritime transport

(a)

International passenger transportation

(CPC 7211 less national cabotage transport)

(b)

International freight transportation

(CPC 7212 less national cabotage transport) (556)

For Modes 1 and 2

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

B.

Internal waterways transport

(a)

Passenger transportation

(CPC 7221)

(b)

Freight transportation

(CPC 7222)

For Modes 1 and 2

EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Regulations implementing the Mannheim Convention on Rhine Shipping.

AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as legal person, nationality condition for the majority of managing directors, the managing board and the supervisory board. Registered company or permanent establishment in Austria is required. In addition the majority of the business shares must be held by EU citizens.

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

C.

Rail transport

(a)

Passenger transportation

(CPC 7111)

(b)

Freight transportation

(CPC 7112)

For Mode 1

EU: Unbound.

For Mode 2

None.

D.

Road transport

(a)

Passenger transportation

(CPC 7121 and CPC 7122)

(b)

Freight transportation

(CPC 7123, excluding transportation of mail on own account (557))

For Mode 1

EU: Unbound.

For Mode 2

None.

E.

Pipeline transport of goods other than fuel (558)

(CPC 7139)

For Mode 1

EU: Unbound.

For Mode 2

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

12.

SERVICES AUXILIARY TO TRANSPORT (559)

 

A.

Services auxiliary to maritime transport

(a)

Maritime cargo handling services

(b)

Storage and warehousing services

(part of CPC 742)

(c)

Customs clearance services

(d)

Container station and depot services

(e)

Maritime agency services

(f)

Maritime freight forwarding services

(g)

Rental of vessels with crew

(CPC 7213)

(h)

Pushing and towing services

(CPC 7214)

For Mode 1

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

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

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

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

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

HR: Unbound except for freight transport agency services (CPC 748).

For Mode 2

None.

(i)

Supporting services for maritime transport

(part of CPC 745)

(j)

Other supporting and auxiliary services

(part of CPC 749)

 

B.

Services auxiliary to internal waterways transport

(a)

Cargo-handling services

(part of CPC 741)

(b)

Storage and warehouse services

(part of CPC 742)

(c)

Freight transport agency services

(part of CPC 748)

(d)

Rental of vessels with crew

(CPC 7223)

For Modes 1 and 2

EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserving some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Regulations implementing the Mannheim Convention on Rhine Shipping.

EU: Unbound for pushing and towing services.

HR: Unbound.

For Mode 1

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

(e)

Pushing and towing services

(CPC 7224)

(f)

Supporting services for internal waterway transport

(part of CPC 745)

(g)

Other supporting and auxiliary services

(part of CPC 749)

 

C.

Services auxiliary to rail transport

(a)

Cargo-handling services

(part of CPC 741)

(b)

Storage and warehouse services

(part of CPC 742)

(c)

Freight transport agency services

(part of CPC 748)

(d)

Pushing and towing services

(CPC 7113)

(e)

Supporting services for rail transport services

(CPC 743)

(f)

Other supporting and auxiliary services

(part of CPC 749)

For Mode 1

EU: Unbound for pushing and towing services.

HR: Unbound, except for (c) (Freight transport agency services).

For Mode 2

None.

D.

Services auxiliary to road transport

(a)

Cargo-handling services

(part of CPC 741)

(b)

Storage and warehouse services

(part of CPC 742)

(c)

Freight transport agency services

(part of CPC 748)

(d)

Rental of commercial road vehicles with operators

(CPC 7124)

(e)

Supporting services for road transport

(CPC 744)

(f)

Other supporting and auxiliary services

(part of CPC 749)

For Mode 1

AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: Unbound for Rental of commercial road vehicles with operators.

HR: Unbound except for (c) (Freight transport agency services) and (e) (Supporting services for road transport) that are subject to permit.

For Mode 2

None.

E.

Services auxiliary to air transport services

 

(a)

Groundhandling services (including catering services)

For Modes 1 and 2

EU: Unbound except for catering.

(b)

Storage and warehouse services

(part of CPC 742)

For Modes 1 and 2

None.

(c)

Freight transport agency services

(part of CPC 748)

For Modes 1 and 2

None.

(d)

Rental of aircraft with crew

(CPC 734)

For Modes 1 and 2

EU: Aircraft used by EU air carriers have to be registered in the Member States licensing the air carrier or elsewhere in the EU. Waivers can be granted for short term lease contracts or under exceptional circumstances.

(e)

Sales and marketing

(f)

Computer reservations system

For Modes 1 and 2

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

(g)

Airport management

For Mode 1

EU: Unbound.

For Mode 2

None.

F.

Services auxiliary to pipeline transport of goods other than fuel (560)

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

(part of CPC 742)

For Mode 1

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

For Mode 2

None.

13.

ENERGY SERVICES

 

A.

Services incidental to mining

(CPC 883) (561)

For Modes 1 and 2

None.

B.

Pipeline transportation of fuels

(CPC 7131)

For Mode 1

EU: Unbound.

For Mode 2

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

C.

Storage and warehouse services of fuels transported through pipelines

(part of CPC 742)

For Mode 1

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

For Mode 2

None.

D.

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

(CPC 62271)

and wholesale trade services of electricity, steam and hot water

For Mode 1

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

For Mode 2

None.

E.

Retailing services of motor fuel

(CPC 613)

For Mode 1

EU: Unbound.

For Mode 2

None.

F.

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

(CPC 63297)

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

For Mode 1

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

BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, SK, UK: For Retail sales of fuel oil, bottled gas, coal and wood, unbound except for mail order where: none.

For Mode 2

None.

G.

Services incidental to energy distribution

(CPC 887)

For Mode 1

EU: Unbound except for consultancy services where: none.

For Mode 2

None.

14.

OTHER SERVICES NOT INCLUDED ELSEWHERE

 

(a)

Washing, cleaning and dyeing services

(CPC 9701)

For Mode 1

EU: Unbound.

For Mode 2

None.

(b)

Hairdressing services

(CPC 97021)

For Mode 1

EU: Unbound.

For Mode 2

None.

(c)

Cosmetic treatment, manicuring and pedicuring services

(CPC 97022)

For Mode 1

EU: Unbound.

For Mode 2

None.

(d)

Other beauty treatment services n.e.c.

(CPC 97029)

For Mode 1

EU: Unbound.

For Mode 2

None.

(e)

Spa services and non-therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or rehabilitation purposes (562)

(CPC ver. 1.0 97230)

For Mode 1

EU: Unbound.

For Mode 2

None.

(f)

Telecommunications connection services (CPC 7543)

For Modes 1 and 2

None.


(527)  As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.

(528)  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.

(529)  Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.(a) (Legal services).

(530)  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.

(531)  Part of CPC 85201, which is to be found under 1.A.(h) (Medical and dental services).

(532)  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.

(533)  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).

(534)  Does not include printing services, which fall under CPC 88442 and are to be found under 1.F.(p).

(535)  For subsectors (i) to (iv), individual licences imposing particular universal services obligations and/or financial contribution to a compensation fund may be required.

(536)  The term ‘handling’ should be taken to include clearance, sorting, transport and delivery.

(537)  ‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.

(538)  For example letter, postcards.

(539)  Books, catalogues are included hereunder.

(540)  Journals, newspapers, periodicals.

(541)  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.

(542)  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.

(543)  ‘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.

(544)  Transportation of mail on own account by any land Mode.

(545)  Transportation of mail on own account by air.

(546)  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).

(547)  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.

(548)  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.

(549)  These services, which include CPC 62271, are to be found in ENERGY SERVICES under 13.D.

(550)  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.

(551)  Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 1.A.(k).

(552)  Corresponds to sewage services.

(553)  Corresponds to Cleaning services of exhaust gases.

(554)  Corresponds to parts of Nature and landscape protection services.

(555)  Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT SERVICES under 12.E.(a) (Groundhandling services).

(556)  Includes feedering services and movement of equipment by international maritime transport suppliers between ports located in the same State when no revenue is involved.

(557)  Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A. (Postal and courier services).

(558)  Pipeline transportation of fuels is to be found in ENERGY SERVICES under 13.B.

(559)  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.

(560)  Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 13.C.

(561)  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.

(562)  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

ALL SECTORS

Economic needs test

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

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.

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.

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. (784)

ALL SECTORS

Graduate trainees

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

4.

MANUFACTURING (785)

 

H.

Publishing, printing and reproduction of recorded media

(ISIC rev 3.1: 22), excluding publishing and printing on a fee or contract basis (786)

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.

6.

BUSINESS SERVICES

 

A.

Professional services

 

(a)

Legal services

(CPC 861) (787)

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.

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.

 

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.

(b) 1.

Accounting and bookkeeping services

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

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.

(b) 2.

Auditing services

(CPC 86211 and 86212 other than accounting services)

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.

(c)

Taxation advisory services

(CPC 863) (788)

AT: Nationality condition for representation before competent authorities.

BG, SI: Nationali