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Document JOL_2005_038_R_0001_01

//: 2005/106/EC:
Council decision of 22 November 2004 on the signing and provisional application of an Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
Additional Protocol to the Agreement between the European Community and its Member States,of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus,the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia,and the Slovak Republic to the European Union

OJ L 38, 10.2.2005, p. 1–196 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

10.2.2005   

EN

Official Journal of the European Union

L 38/1


COUNCIL DECISION

of 22 November 2004

on the signing and provisional application of an Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

(2005/106/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the 2003 Act of Accession, and in particular to Article 6(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

On 22 December 2003 the Council authorised the Commission, on behalf of the European Community and its Member States, to negotiate with Chile an Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the new Member States to the European Union.

(2)

These negotiations have been concluded and the Additional Protocol was initialled on 30 April 2004.

(3)

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

HAS DECIDED AS FOLLOWS:

Sole Article

1.   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, the Additional Protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union.

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

2.   Articles 2, 3, 4, 5, 6, 11 and 12 of the Additional Protocol shall be applied provisionally pending its entry into force.

Done at Brussels, 22 November 2004.

For the Council

The President

B. R. BOT


ADDITIONAL PROTOCOL

to the Agreement between the European Community and its Member States,of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus,the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia,and the Slovak Republic to the European Union

THE KINGDOM OF BELGIUM,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE REPUBLIC OF ESTONIA,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF HUNGARY,

THE REPUBLIC OF MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

hereinafter referred to as the ‘Member States’,

THE EUROPEAN COMMUNITY,

hereinafter referred to as the ‘Community’,

and

THE REPUBLIC OF CHILE, hereinafter referred to as ‘Chile’,

WHEREAS the Agreement establishing an association between the Community and its Member States, of the one part, and the Republic of Chile, of the other part, hereinafter referred to as ‘the Agreement’, was signed in Brussels on 18 November 2002 and some of its provisions have been applied pursuant to Article 198(3) thereof since 1 February 2003;

WHEREAS the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (hereinafter referred to as the new Member States) to the European Union (hereinafter referred to as Treaty of Accession) was signed in Athens on 16 April 2003 and entered into force on 1 May 2004,

HAVE AGREED AS FOLLOWS:

SECTION I

CONTRACTING PARTIES

Article 1

The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic hereby become Contracting Parties to the Agreement.

SECTION II

TRADE IN GOODS

Article 2

Annex I to the Agreement is hereby amended in accordance with the provisions contained in Annex I to this Protocol, in order to add the tariff quotas indicated in Section 1 of Annex I to the Agreement.

SECTION III

RULES OF ORIGIN

Article 3

Articles 17(4) and 18(2) of Annex III to the Agreement are hereby amended in accordance with the provisions of Annex II to this Protocol.

Article 4

Appendix III of Annex III to the Agreement shall be replaced by Annex III to this Protocol.

Article 5

Appendix IV toAnnex III to the Agreement shall be replaced by Annex IV to this Protocol.

Article 6

1.   The provisions of the Agreement shall be applied to goods exported from either Chile to one of the new Member States or from one of the new Member States to Chile, which comply with the provisions of Annex III to the Agreement and that on the date of accession are either en route or in temporary storage, in a customs warehouse or in a free zone in Chile or in such new Member State.

2.   Preferential treatment shall be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months of the date of accession, of a proof of origin issued retrospectively by the customs authorities or competent governmental authority of the exporting country.

SECTION IV

TRADE IN SERVICES AND ESTABLISHMENT

Article 7

Part A of Annex VII to the Agreement shall be replaced by the provisions of Annex V to this Protocol.

Article 8

Part A of Annex VIII to the Agreement shall be replaced by the provisions of Annex VI to this Protocol.

Article 9

Part A of Annex IX to the Agreement shall be replaced by the information provided in Annex VII to this Protocol.

Article 10

Part A of Annex X to the Agreement shall be replaced by the provisions of Annex VIII to this Protocol.

SECTION V

GOVERNMENT PROCUREMENT

Article 11

1.   The entities of the new Member States listed in Annex IX to this Protocol shall be added to the relevant sections of Annex XI to the Agreement.

2.   The list of publication means of the new Member States listed in Annex X to this Protocol, shall be added to Appendix 2 of Annex XIII to the Agreement.

SECTION VI

WTO

Article 12

Chile undertakes 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 the new Member States to the European Union.

SECTION VII

GENERAL AND FINAL PROVISIONS

Article 13

1.   This Protocol shall be concluded by the Community, by the Council of the European Union on behalf of the Member States and by Chile, in accordance with their respective internal procedures.

2.   This Protocol shall enter into force on the first day of the first month following that in which all the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose, or on the date of entry into force of the Agreement, whichever is the later.

3.   Notwithstanding paragraph 2, the Community and Chile agree to apply provisionally Articles 2, 3, 4, 5, 6, 11 and 12 of this Protocol, from the date of signature of this Protocol. Article 2 shall be applied with effect from 1 May 2004.

4.   Notifications shall be sent to the Secretary-General of the Council of the European Union, who shall be the depository of this Protocol.

5.   Where a provision of this Protocol is applied by the Contracting Parties pending its entry into force, any reference in such a provision to the date of entry into force of this Protocol shall be understood to refer to the date from which those Parties agree to apply that provision, in accordance with paragraph 3.

Article 14

This Protocol shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.

The Community shall communicate within three months from the signature of this Protocol to Chile the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovene language versions of the Agreement. Subject to the entry into force of this Protocol, the new language versions shall become authentic under the same conditions as those drawn up in the present languages of this Protocol.

Artilce 15

This Protocol shall form an integral part of the Agreement. The Annexes to this Protocol shall form an integral part thereof.

ANNEX I

Amendments to Community Tariff Elimination Schedule

1.

The Community shall allow duty free importation of the following products and quantities with an increase by 5 % each year of the quantity.

CN code

Description

Quantity

0703 20 00

Garlic

30 tons

ex 0806 10 10

Grapes (1/1 to 14/7)

1 500 tons

0810 50 00

Kiwi

1 000 tons

2.

The Community shall allow duty free importation of the following products and quantities.

CN code

Description

Quantity (1)

0303 29 00

Other frozen fish excluding fillets

725 tons

0303 78 12

Argentine hake

0303 78 19

Hake — other

0304 20 53

Frozen fillets of mackerel

0304 20 56

Frozen fillets of argentine hake

0304 20 58

Frozen fillets of other hake

0304 20 91

Frozen fillets of blue grenadier

0304 20 95

Other frozen fillets

0304 90 05

Surimi


CN code

Description

Quantity (2)

1604 15 19

Prepared or preserved mackerel

90 tons


(1)  This tariff quota will apply for 2004 and each calendar year thereafter beginning 1 January 2005 until its expiry on 31 December 2012.

(2)  This tariff quota will apply for 2004 and each calendar year thereafter beginning 1 January 2005 until its expiry on 31 December 2006.

ANNEX II

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

1.

Article 17(4) shall be amended to read:

(...)

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

ES

‘EXPEDIDO A POSTERIORI’

CS

‘VYSTAVENO DODATEČNĚ’

DA

‘UDSTEDT EFTERFØLGENDE’

DE

‘NACHTRÄGLICH AUSGESTELLT’

ET

‘VÄLJA ANTUD TAGASIULATUVALT’

EL

‘ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ’

EN

‘ISSUED RETROSPECTIVELY’

FR

‘DÉLIVRÉ A POSTERIORI’

IT

‘RILASCIATO A POSTERIORI’

LV

‘IZSNIEGTS RETROSPEKTĪVI’

LT

‘RETROSPEKTYVUSIS IŠDAVIMAS’

HU

‘KIADVA VISSZAMENŐLEGES HATÁLLYAL’

MT

‘MAHRUG RETROSPETTIVAMENT’

NL

‘AFGEGEVEN A POSTERIORI’

PL

‘WYSTAWIONE RETROSPEKTYWNIE’

PT

‘EMITIDO A POSTERIORI’

SL

‘IZDANO NAKNADNO’

SK

‘VYDANÉ DODATOČNE’

FI

‘ANNETTU JÄLKIKÄTEEN’

SV

‘UTFÄRDAT I EFTERHAND’

2.

Article 18(2) shall be amended to read:

(...)

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

ES ‘DUPLICADO’

CS ‘DUPLIKÁT’

DA ‘DUPLIKAT’

DE ‘DUPLIKAT’

ET ‘DUPLIKAAT’

EL ‘ΑΝΤΙΓΡΑΦΟ’

EN ‘DUPLICATE’

FR ‘DUPLICATA’

IT ‘DUPLICATO’

LV ‘DUBLIKĀTS’

LT ‘DUBLIKATAS’

HU ‘MÁSODLAT’

MT ‘DUPLIKAT’

NL ‘DUPLICAAT’

PL ‘DUPLIKAT’

PT ‘SEGUNDA VIA’

SL ‘DVOJNIK’

SK ‘DUPLIKÁT’

FI ‘KAKSOISKAPPALE’

SV ‘DUPLIKAT’

ANNEX III

”Appendix III

SPECIMEN OF MOVEMENT CERTIFICATE EUR.1. AND APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1

Printing instructions

1.

Each form shall measure 210 x 297 mm; a tolerance of up to minus 5 mm or plus 8 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

2.

The customs authorities or the competent governmental authorities of the Member States of the Community and of Chile may reserve the right to print the forms themselves or may have them printed by approved printers. In the latter case, each form must include a reference to such approval. Each form must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

Procedure for completion

The exporter or his authorised representative shall fill out both the movement certificate EUR.1. and the application form. These forms shall be completed in one of the languages in which this Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country. If they are handwritten, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through.

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ANNEX IV

‘Appendix IV

Invoice declaration

Specific requirements as for the making out of an invoice declaration

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

English version

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

Spanish version

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

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

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).

French version

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

Italian version

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

Portuguese version

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

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).

Czech version

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

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.

Latvian version

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

Lithuanian version

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

Hungarian version

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

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.

Slovene 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.

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).

…..…….…............................. (3)

(Place and date)

….………............................... (4)

(Signature of the exporter; in addition, the name of the person. The declaration must be indicated in clear script)


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

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

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

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

ANNEX V

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

SCHEDULE OF SPECIFIC COMMITMENTS ON SERVICES

PART A

Community's schedule

Introductory note

1.

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

2.

The following abbreviations are used to indicate the Member States:

AT Austria

BE Belgium

CY Cyprus

CZ Czech Republic

DE Germany

DK Denmark

ES Spain

EE Estonia

FR France

FI Finland

EL Greece

HU Hungary

IT Italy

IE Ireland

LU Luxembourg

LT Lithuania

LV Latvia

MT Malta

NL The Netherlands

PT Portugal

PL Poland

SE Sweden

SI Slovenia

SK Slovak Republic

UK UK United Kingdom

3.

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

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

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

I.

HORIZONTAL COMMITMENTS

All sectors included in this schedule

 

 

 

 

3.

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

3.

(a)

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

 

 

 

(b)

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

 

 

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

Formation of Legal entity

3.

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

 

 

Law on foreign companies' branches

3.

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

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

PL: Unbound with respect to branches.

Law on foreign companies' branches

3.

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

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

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

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

 

 

Legal entities:

3.

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

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

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

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

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

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

 

 

Real estate purchases:

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

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

CY: Unbound.

HU: Unbound for the acquisition of State owned property.

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

MT: Unbound for the acquisition of real property.

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

PL: Unbound in relation to acquisition of state-owned property, i.e. the regulations governing the privatisation process (for mode 3).

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

SK: None except for land (for modes 3 and 4)

Real estate purchases:

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

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

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

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

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

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

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

 

 

 

IT: Unbound for purchase of real estate.

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

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

 

 

Investments:

FR: Foreign purchases exceeding 33,33 % of the shares of capital or voting rights in existing French enterprise, or 20 % in publicly quoted French companies, are subject to the following regulation:

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

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

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

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

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

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

Investments:

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

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

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

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

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

 

 

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

(a)

provision of services which are new to Cyprus;

(b)

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

(c)

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

(d)

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

(e)

complementary impact on existing units or activities;

(f)

viability of proposed project;

(g)

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

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

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

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

 

 

 

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

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

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

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

management of seaports and airports,

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

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

wholesale trade in imported consumer goods,

provision of legal advisory services,

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

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

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

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

 

 

 

 

Subsidies

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

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

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

 

 

Exchange regime (6)  (7)  (8):

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

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

Exchange regime (9)

4.

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

 

 

4.

Unbound except for measures concerning the entry into and temporary stay (10) within a Member State, without requiring compliance with an economic needs test (11), of the following categories of natural persons providing services:

4.

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

 

 

(i)

the temporary presence, as intra-corporate transferee (12), of natural persons in the following categories, provided that the service supplier is a legal person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders), for at least the year immediately preceding such movement

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

 

 

(a)

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

directing the establishment or a department or subdivision of the establishment,

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

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

Residency requirements

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

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

 

 

(b)

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

 

 

 

(ii)

the temporary presence of natural persons in the following categories:

 

 

 

(a)

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

 

 

 

(b)

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

 

 

 

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

 

 

 

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

 

 

 

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

 

 

 

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

 

 

 

(iii)

Unbound except for measures concerning the entry into and temporary stay within a Member State of the following category of natural persons without requiring compliance with an economic needs test except where indicated for a specific subsector. Access is subject to the following conditions (13):

 

 

 

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

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

 

 

 

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

 

 

 

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

 

 

 

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

 

 

 

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

 

 

 

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

 

 

 

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

Legal services

Accounting services

Auditing services

Taxation advisory services

Architectural services, urban planning and landscape architectural services

Engineering services, integrated engineering services

Medical, dental and midwifery services

Veterinary services

Services provided by nurses, physiotherapists and paramedical personnel

Computer and related services

Research and development services

Advertising

Market research and opinion polling

Management consulting services

Services related to management consulting

Technical testing and analysis services

Related scientific and consulting services

Advisory and consulting services relating to agriculture, hunting and forestry

Advisory and consulting services relating to fishing

Services relating to mining

Maintenance and repair of equipment

Photographic services

Convention services

Translation services

 

 

 

 

Construction services

Site investigation work

Environmental services

Higher education services

Adult education services

Travel agencies and tour operator services

Tourist guide services

Entertainment services

News agency services

Services related to the sale of equipment or to the assignment of a patent

 

 

II.

SECTOR-SPECIFIC COMMITMENTS

1.

Business services

 

 

 

A.

Professional services

 

 

 

(a)

Legal advice home country law and public international law (excluding EC law)

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

1.

EE: Unbound for CPC 861 other than CPC 86190

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

SE: Unbound when practising as ‘Advokat’ (i.e. lawyer/solicitor/barrister) or as an EEA (European Economic Area) lawyer under his or her home country corresponding professional title (14).

CY, MT: Unbound

1.

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

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

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

EE: Unbound for CPC 861 other than CPC 86190

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

CY, MT: Unbound

 

 

2.

CY, MT: Unbound

2.

CY, MT: Unbound

 

 

3.

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

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

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

AT, CY, MT: Unbound.

3.

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

AT, CY, MT: Unbound

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

FR: Host country law and international law (including EC law) are open to the Members of the regulated legal and judicial profession. (15)

 

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

EE: None for CPC 86190. For CPC 861 other than CPC 86190, commercial presence is restricted to sole proprietorships or to law firms with limited liability, in which cases permission is needed from the Bar Association (Advokatuur). According to the Bar Statute/Advokatuuri pohimäärus) only Estonian nationals are allowed to establish a lawyer's office. To be accepted into the Bar Association the following requirements should be met:

(a)

two years' work experience as an assistant to a barrister at law;

(b)

passing a relevant examination;

(c)

work for three years as a senior assistant. After that it is possible to take a lawyer's exam (excellent knowledge of the Estonian law and excellent proficiency in the Estonian language are required). Notaries public are persons performing a public service; they are appointed by the Ministry of Justice

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

LV: None for consultancy on home country and public international law. For CPC 861 other than consultancy on home country and public international law, licence issued by the Ministry of Justice and knowledge of Latvian language required. Licensed lawyers may provide all legal services, except representation in criminal proceedings. Representation in criminal proceedings permitted only to sworn solicitors. Nationality requirement for sworn solicitors and sworn notaries. Sworn solicitors and sworn notaries have to be at least 25 years old, having knowledge of Latvian language, graduated from University of Latvia or from another university recognised as equivalent by the Faculty of Law, University of Latvia, and having practical experience. Sworn solicitors have to pass an examination in accordance with rules set up by the Council of Sworn Solicitors. Sworn notaries have to pass an examination in accordance with the order set up by the Minister of Justice in cooperation with the Council of Sworn Notaries.

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

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

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

 

 

PL: Establishment subject to authorisation. Nationality requirement

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

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

 

 

 

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

LU: Host country law and international law (16) subject to registration as ‘avocat’ at the Luxembourg Bar

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

 

 

4.

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

AT, CY, MT: Unbound

FR: Legal advice activities and drafting of legal documents as a main activity and for the public, are reserved to the members of the regulated legal and judicial professions (17). These activities may also be exercised as a secondary activity to the principal activity by members of other regulated professions or by qualified persons.

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

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

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

4.

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

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

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

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

CY, MT: Unbound

 

 

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

 

 

 

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

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

DE: Unbound for activities reserved to ‘Rechtsanwalt’.

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

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

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

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

 

(b)

Accounting services

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

1.

CY, FR, HU, IT, MT, SI: Unbound

2.

None

1.

FR, IT, MT, SI: Unbound

AT: No representation before competent authorities

2.

None

 

 

3.

DE: Provision through a ‘GmbH & Co. KG’ and ‘EWIV’ is prohibited.

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

PT: Provision through professional establishment only.

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

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

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

3.

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

 

 

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

SI: Commercial presence should take the form of a juridical person

 

 

 

4.

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

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

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

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

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

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors can be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least 3 years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

which have passed qualification examination and acquired licence of sworn auditor in accordance with requirements of Latvian Association of Sworn Auditors;

(d)

having excellent reputation

SI: Limitations on natural persons employed by juridical persons only

4.

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

DK, IT: Residence requirement.

SI: Unbound except as indicated in the Market Access column.

 

 

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

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors may be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least three years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

who have passed a qualification examination and acquired a licence of sworn auditor in accordance with the requirements of Latvian Association of Sworn Auditors;

(d)

having excellent reputation

SI: limitations on natural persons employed by juridical persons only

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

 

(b)

Auditing services (18)  (19)

(CPC 86211 and 86212 other than accounting services)

1.

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

LT: None except that auditor's report must be prepared in conjunction with an auditor accredited to practice in Lithuania.

1.

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

LT: None except that an auditor's report must be prepared in conjunction with an auditor accredited to practise in Lithuania.

 

 

2.

None

2.

None

 

 

3.

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

DE: Provision through a ‘GmbH & Co. KG’ and ‘EWIV’ is prohibited.

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

PT: Provision through professional association only.

IE: Provision through partnership only.

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

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

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

3.

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

SE: Residency within the EEA (European Economic Area) and Swedish exam required (20)

 

 

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

 

 

 

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

 

 

 

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

 

 

 

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors can be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least three years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

who have passed a qualification examination and acquired licence of sworn auditor in accordance with requirements of Latvian Association of Sworn Auditors;

(d)

having excellent reputation

 

 

 

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

PL: Nationality requirement. Foreign auditors may practise after confirmation of their qualifications.

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

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

 

 

 

4.

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

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

ES: Residency requirement.

EL: Conditions of nationality for statutory auditors.

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

4.

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

DK: Residence requirement.

IT, PT: Residence requirement for individual auditors.

SE: Residency within the EEA (European Economic Area) and Swedish exam required (20).

SI: Unbound except as indicated in the Market Access column

 

 

IT: Residency requirement for ‘Ragionieri-Periti commerciali’. Audit companies: administrators and auditors in ‘società di revisions’ other than those covered by the eighth EEC Directive on company law, must fulfil a residency condition.

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

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

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors can be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least three years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

who have passed a qualification examination and acquired a licence of sworn auditor in accordance with requirements of the Latvian Association of Sworn Auditors; (d)

(d)

having an excellent reputation.

 

 

 

PL: Nationality requirement. Foreign auditors may practise after confirmation of their qualifications.

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

 

 

 

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

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

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

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

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

 

(b)

Bookkeeping services

(CPC 86220)

1.

CY, FR, HU, IT, MT, SI: Unbound

2.

None.

1.

FR, IT, MT, SI: Unbound

AT: No representation before competent authorities

2.

None.

 

 

3.

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

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

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

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

3.

None

 

 

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors may be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least three years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

who have passed a qualification examination and acquired a licence of sworn auditor in accordance with requirements of the Latvian Association of Sworn Auditors; (d)

(d)

having an excellent reputation.

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

 

 

 

4.

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

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

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

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

LV: The owner of shares or the head of a firm should be qualified as a sworn auditor in Latvia. Sworn auditors can be persons no younger than 25 years and:

(a)

having a high school degree in economics or in other specialities, if an examination on basic economics is passed;

(b)

having at least three years experience in auditing recognised by the Latvian Association of Sworn Auditors;

(c)

who have passed a qualification examination and acquired a licence of sworn auditor in accordance with requirements of the Latvian Association of Sworn Auditors; (d)

(d)

having an excellent reputation.

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

4.

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

IT: Residence requirement for ‘Ragionieri-Periti commerciali’.

PT: Residence requirement.

 

 

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

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

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

 

(c)

Taxation Advisory Services

(CPC 863 excluding representation in Court/tribunals)

1.

FR: Unbound for the drafting of legal documents.

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

2.

None

1.

FR: Unbound for the drafting of legal documents.

AT: No representation before competent authorities

2.

None

 

 

3.

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

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

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

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

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

3.

None

 

 

4.

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

FR: Legal advice activities and drafting of legal documents as a main activity and for the public, are reserved to the members of the regulated legal and judicial professions (17). These activities may also be exercised as a secondary activity to the principal activity by members of other regulated professions or by qualified persons.

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

4.

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

IT, PT: Residence requirement

 

 

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

HU: Permanent residency requirement

 

 

 

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

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

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

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

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

 

(d)

Architectural Services (CPC 8671)

1.

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

1.

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

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

AT: None for pure planning services

 

 

2.

None

3.

ES: Access is restricted to natural persons.

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

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

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

2.

None

3.

None

 

 

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

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

 

 

 

4.

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

EL: Condition of nationality.

HU: Permanent residency requirement

4.

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

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

IT: Residence requirement.

 

 

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

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

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

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

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

 

(e)

Engineering services

(CPC 8672)

1.

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

2.

None

3.

ES: Access is restricted to natural persons.

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

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

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

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

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

AT: None for pure planning services

SI: None for pure planning services; the submission of plans for approval by the competent authorities requires co-operation with an established supplier of planning services.

2.

None

3.

None

4.

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

IT, PT: Residency requirements

 

 

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

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

EE: Unbound except for professionals where: university degree and five years of working experience in a related field.

UK: Compliance with an economic needs test is required.

HU: Permanent residency requirement

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

 

(f)

Integrated Engineering Services

(CPC 8673)

1.

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

2.

None

3.

ES: Access is restricted to natural persons.

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

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

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

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

AT: None for pure planning services

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

2.

None

3.

None

4.

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

IT, PT: Residency requirements

 

 

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

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

EE: Unbound except for professionals where: university degree and five years of working experience in a related field.

UK: Compliance with an economic needs test is required

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

 

(g)

Urban Planning and Landscape Architectural Services

(CPC 8674)

1.

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

HU: Unbound for Landscape Architectural Services

1.

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

AT: None for pure planning services

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

HU: Unbound for Landscape Architectural Services

 

 

2.

HU: Unbound for Landscape Architectural Services

2.

HU: Unbound for Landscape Architectural Services

 

 

3.

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

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

HU: Unbound for Landscape Architectural Services

LV: None for Urban Planning Services. For Landscape Architectural Services, three years practice in Latvia in the field of projecting and university degree required to receive the licence enabling business activity with full range of legal responsibility and rights to sign a project

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

3.

HU: Unbound for Landscape Architectural Services

 

 

4.

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

PT: Condition of nationality.

HU: Permanent residency requirement for Urban Planning Services. Unbound for Landscape Architectural Services

4.

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

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

IT: Residence requirement.

HU: Unbound for Landscape Architectural Services

 

 

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

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

EE: Unbound except for professionals where: university degree and five years of working experience in a related field.

UK: Compliance with an economic needs test is required

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

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

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

 

(h)

Medical, dental and Midwifery services

(CPC 9312, 93191 (21))

1.

All Member States except CZ, HU, LV, LT, PL, SE, SI: Unbound

PL, SE: None

CZ, HU, LV, LT, SI: Unbound for midwifery services.

2.

CY, FI, MT: Unbound.

CZ, EE, HU, SI, SK: Unbound for midwifery services

1.

All Member States except CZ, HU, LV, LT, PL, SE, SI: Unbound

CZ, HU, LV, LT, SI: Unbound for midwifery services.

PL, SE: None

2.

CY, FI, MT: Unbound.

CZ, EE, HU, SI, SK: Unbound for midwifery services

 

 

3.

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

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

CY, EE, MT: Unbound

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

ES: Access restricted to natural persons only.

HU: Unbound for midwifery services.

3.

AT: Unbound for medical and dental services

CY, EE, FI, MT: Unbound

CZ, HU, SI, SK: Unbound for midwifery services

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

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

 

 

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

IE: Access through partnership or natural persons only.

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

 

 

 

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

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

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

 

 

 

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

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

SI: Membership of Doctors Association r required. Conditions for acceptance into Doctors Association for doctors who are not Slovenian nationals is licence to practice in an another Member and have a good command of the Slovenian language (22). Unbound for midwifery services

 

 

 

4.

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

AT: Unbound except for midwives

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

CY, FI, MT: Unbound.

PT: Condition of nationality.

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

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

CZ, EE, HU, SI, SK: Unbound for Midwives Services

LV: For medical and dental services, nationality requirement. Practise of medical profession by foreigners requires the permission from local health authority, based on economic needs for medical doctors and dentists in a given region. For midwives services, access restricted to natural persons only. Economic needs determined by the total number of midwives in the given region, authorised by local health authorities

PL: Nationality requirement. Practise of medical profession by foreigners requires the permission except for midwives.

4.

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

AT: Unbound for doctors and dentists.

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

CY, FI, MT: Unbound.

IT: Residence requirement.

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

EE, HU, SI: Unbound for Midwives Services

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

LT: Foreigners must pass additional qualification exam

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

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

 

(i)

Veterinary services

(CPC 932)

1.

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

FI, LU, LT, PL, SE: None.

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

2.

CY, EE, HU, MT, SI: Unbound

1.

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

FI, LU, LT, PL, SE: None.

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

2.

CY, EE, HU, MT, SI: Unbound

 

 

3.

AT, CY, EE, HU, MT, SI: Unbound.

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

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

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

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

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

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

3.

AT, CY, EE, HU, MT, SI: Unbound

 

 

4.

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

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

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

AT, CY, EE, HU, MT, SI: Unbound.

4.

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

AT, CY, EE, HU, MT, SI: Unbound.

IT, CZ, SK: Residence requirement.

LT: Foreigners must pass additional qualification exam.

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

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

 

(j)

Services provided by nurses, physiotherapists and paramedical personnel

(CPC 93191 (23), except for AT where the following activities of CPC 9319 are covered: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians, psychologists and psychotherapists)

1.

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

2.

CY, CZ, EE, HU, MT, SI, SK: Unbound

3.

CY, CZ, EE, HU, MT, SI, SK: Unbound

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

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

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

AT: Access restricted to natural persons only except for psychologists and psychotherapists: none.

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

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

PL: Nationality requirement.

1.

Unbound except for FI, LU, PL and SE: None.

2.

CY, CZ, EE, HU, MT, SI, SK: Unbound

3.

CY, CZ, EE, HU, MT, SI, SK: Unbound

LT: None except as under market access

 

 

4.

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

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

PT: Condition of nationality

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

4.

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

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

CY, CZ, EE, HU, MT, SI, SK: Unbound

 

 

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

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

PL: Nationality requirement in the case of midwives and nurses

CY, CZ, EE, HU, MT, SI, SK: Unbound.

 

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

 

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

1.

Unbound

2.

AT, CY, CZ, EE, FI, HU, LT, LV, MT, PL, SE, SI, SK: Unbound

1.

Unbound

2.

AT, CY, CZ, EE, FI, HU, LT, LV, MT, PL, SE, SI, SK: Unbound

 

 

3. (24)

AT, CY, CZ, EE, FI, HU, LV, LT, MT, PL, SE, SI, SK: Unbound

DE, DK, ES, EL, IT (25), LU, NL, PT: Access restricted to natural persons only.

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

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

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

3.

AT, CY, CZ, EE, FI, HU, LT, MT, PL, SE, SI, SK: Unbound

 

 

4.

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

AT, CY, CZ, EE, FI, HU, LV, LT, MT, PL, SE, SI, SK: Unbound

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

DE, EL: Condition of nationality.

4.

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

AT, CY, CZ, EE, FI, HU, LV, LT, MT, PL, SE, SI, SK: Unbound

IT, PT: Residence requirement

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

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

 

B.

Computer and Related Services

 

 

 

(a)

Consultancy Services related to the Installation of Computer Hardware

(CPC 841)

(b)

Software Implementation Services

(CPC 842)

(c)

Data Processing Services (CPC 843)

(d)

Data Base Services

(CPC 844) Maintenance and Repair (CPC 845)

(e)

Other Computer Services (CPC 849

1.

None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

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

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

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

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

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

IT: Compliance with an economic needs test is required.

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

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

 

C.

Research and Development Services

(a)

R & D services on natural sciences

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

1, 2 and 3. None except for CY, CZ, FR, IE, LT, MT, PL, SK: unbound

4.

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

CY, CZ, FR, IE, LT, MT, PL, SK: Unbound

1, 2 and 3. None except for CY, CZ, FR, IE, LT, MT, PL, SK: unbound

4.

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

CY, CZ, FR, IE, LT, MT, , PL, SK: Unbound

 

 

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

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

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

FR:

The researchers are in possession of an employment contract from a research body.

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

Compliance with an economic needs test is required.

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

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

 

 

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

 

 

(b)

R & D services on social sciences and humanities

(CPC 852)

1.

None

2.

None

3.

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

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

1.

None

2.

None

3.

None

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

4.

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

IT, PT: Residence requirement for psychologists

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

The researchers are in possession of an employment contract from a research body.

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

Compliance with an economic needs test is required.

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

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

 

 

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

 

 

(c)

Interdisciplinary R & D services (CPC 853)

1, 2 and 3. None except for CY, CZ, FR, IE, LT, LV, MT, PL, SK: unbound

4.

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

CY, CZ, EE, IE, LT, LV, MT, PL, SK: Unbound

1, 2 and 3. None except for CY, CZ, FR, IE, LT, LV, MT, PL, SK: unbound

4.

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

CY, CZ, EE, IE, LT, LV, MT, PL, SK: Unbound

 

 

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

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

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

FR:

The researchers are in possession of an employment contract from a research body.

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

Compliance with an economic needs test is required.

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

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

 

 

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

 

 

D.

Real Estate Services (26)

(a)

Involving own or leased property

(CPC 821)

1.

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

2.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

3.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

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

1.

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

2.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

3.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

 

 

4.

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

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

4.

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

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

IT, PT: Residence requirement.

 

(b)

On a fee or contract basis (e.g. property evaluation, estate management, etc.) (CPC 822)

1.

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

2.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

3.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

ES: Access is restricted to natural persons.

1.

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

2.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

3.

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

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

 

 

4.

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

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

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

4.

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

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI: Unbound

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

IT, PT: Residence requirement.

 

E.

Rental/leasing services without operators

(a)

Relating to ships

(CPC 83103)

1.

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

CY, HU, MT, PL: Unbound

2.

CY, MT, PL: Unbound

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

3.

CY, MT, PL: Unbound

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

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

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

1.

CY, MT, PL: Unbound

2.

CY, MT, PL: Unbound

3.

CY, MT, PL: Unbound

 

 

4.

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

CY, MT, PL: Unbound

4.

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

CY, MT, PL: Unbound

 

(b)

Relating to aircraft

(CPC 83104)

1.

CY, CZ, HU, LV, MT, PL, SK: Unbound

2.

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

CY, CZ, LV, MT, PL, SK: Unbound

1.

CY, CZ, LV, MT, PL, SK: Unbound

2.

CY, CZ, LV, MT, PL, SK: Unbound

 

 

3.

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

CY, CZ, LV, MT, PL, SK: Unbound

3.

CY, CZ, LV, MT, PL, SK: Unbound

 

 

4.

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

CY, CZ, LV, MT, PL, SK: Unbound

4.

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

CY, CZ, LV, MT, PL, SK: Unbound

 

(c)

Relating to other transport equipment (CPC 83101, 83102, 83105)

1.

CY, HU, LV, MT, PL, SI: Unbound

2.

CY, LV, MT, PL, SI: Unbound

3.

CY, LT, LV, MT, PL, SI: Unbound

4.

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

CY, LT, LV, MT, PL, SI: Unbound

1.

CY, LV, MT, PL, SI: Unbound

2.

CY, LV, MT, PL, SI: Unbound

3.

CY, LT, LV, MT, PL, SI: Unbound

4.

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

CY, LT, LV, MT, PL, SI: Unbound

 

(d)

Relating to other machinery and equipment

(CPC 83106, 83107, 83108, 83109)

1)

CY, CZ, HU, LV, MT, PL, SK: Unbound

2)

CY, CZ, LV, MT, PL, SK: Unbound

3)

CY, CZ, LV, MT, PL, SK: Unbound

4)

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

CY, CZ, LV, MT, PL, SK: Unbound

1.

CY, CZ, LV, MT, PL, SK: Unbound

2.

CY, CZ, LV, MT, PL, SK: Unbound

3.

CY, CZ, LV, MT, PL, SK: Unbound

4.

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

CY, CZ, LV, MT, PL, SK: Unbound

 

(e)

Other (CPC 832)

EE, LV, LT: Including pre-recorded video-cassettes for use in home entertainment equipment (CPC 83202)

1.

All Member States except EE, LV, LT: Unbound

EE, LT, LV: None

2.

All Member States except EE, HU, LV, LT: Unbound

EE, HU, LV, LT: None

3.

All Member States except EE, HU, LV, LT: Unbound

EE, HU, LV, LT: None

4.

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

All Member States except for EE, HU, LV, LT: Unbound

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

1.

All Member States except EE, HU, LV, LT: Unbound

EE, HU, LV, LT: None

2.

All Member States except EE, HU, LV, LT: Unbound

EE, HU, LV, LT: None

3.

All Member States except EE, HU, LV, LT: Unbound

EE, HU, LV, LT: None

4.

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

All Member States except for EE, HU, LV, LT: Unbound

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

LV, LT: None

 

Rental services with operators

Rental of vessels with crew

(CPC 7213, 7223)

1.

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

AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SK, SI: Unbound.

2.

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

AT, CY, EE, HU, MT, PL, SE, SI, SK: Unbound.

3.

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

AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SK, SI: Unbound.

4.

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

CY, EE, HU, LT, MT, PL, SE, SI, SK: Unbound.

1.

AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SK, SI: Unbound.

2.

AT, CY, EE, HU, LV, MT, PL, SE, SI, SK: Unbound.

3.

AT, CY, CZ, EE, HU, LT, LV, MT, PL, SE, SK, SI: Unbound.

4.

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

CY, EE, HU, LT, MT, PL, SE, SI, SK: Unbound

 

Rental of commercial road vehicles with operator

(CPC 7124)

1.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

2.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

3.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

4.

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

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

1.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

2.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

3.

AT, CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

4.

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

CY, CZ, EE, HU, LV, LT, MT, PL, SK, SI, SE: Unbound

 

F.

Other business services

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

(a)

Advertising (All Member States except PL, SI: CPC 871;

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

SI: CPC 8711 (27) and 8712 (27), excluding direct mail advertising, outdoor advertising and excluding for goods subject to import authorisation and excluding pharmaceutical)

 

 

 

 

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

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

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

EL: Relevant qualifications and five years' professional experience.

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

 

(b)

Market research and opinion polling

(CPC 864)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

 

(c)

Management consulting services

(CPC 865)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

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

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

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

EE, LV: Unbound except for professionals where:

university degree and five years of working experience in a related field.

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

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

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

 

(d)

Services related to management consulting (CPC 866)

1, 2 and 3. HU: Unbound

4.

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

HU: Unbound

1, 2 and 3. HU: Unbound

4.

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

HU: Unbound

 

 

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

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

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

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

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

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

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

 

(e)

Technical testing and analysis services

(CPC 8676)

1.

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

CY, CZ, MT, PL, SK, SE: Unbound

2.

CY, CZ, MT, PL, SK, SE: Unbound

1.

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

CY, CZ, MT, PL, SK, SE: Unbound

2.

CY, CZ, MT, PL, SK, SE: Unbound

 

 

3.

ES: Access for chemical analysis through natural persons only.

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

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

CY, CZ, MT, PL, SK, SE: Unbound

3.

CY, CZ, MT, PL, SK, SE: Unbound

 

 

4.

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

CY, CZ, MT, PL, SK, SE: Unbound

4.

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

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

CY, CZ, MT, PL, SK: Unbound

 

 

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

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

EE: Unbound except for professionals where: university degree and five years of working experience in a related field.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

UK: Compliance with an economic needs test is required

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

 

(f)

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

HU: part of CPC 881

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

1.

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

2.

None

3.

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

PT: Access for agronomist is restricted to natural persons

1.

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

2.

None

3.

None

 

 

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

 

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

4.

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

IT, PT: Residence requirement for agronomists

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

 

(g)

Advisory and consulting services relating to fishing

1, 2 and 3. CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound

4.

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

CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound

1, 2 and 3. CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound

4.

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

CY, CZ, EE, LV, LT, MT, PL, SK, SI: Unbound

 

 

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

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

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

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

 

(h)

Services relating to mining

1.

None

2.

None

3.

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

LT: Unbound

4.

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

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

LT: Unbound

1.

None

2.

None

3.

LT: Unbound

4.

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

PT: Residence requirement

LT: Unbound

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

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

 

(i)

Services incidental to manufacturing

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

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

1.

All Member States except EE, HU: Unbound

EE, HU: None

2.

All Member States except EE, HU: Unbound

EE, HU: None

3.

All Member States except EE, HU: Unbound

EE, HU: None

4.

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

All Member States except EE, HU: Unbound

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

1, All Member States except EE, HU: Unbound

EE, HU: None

2.

All Member States except EE, HU: Unbound

EE, HU, : None

3.

All Member States except EE, HU: Unbound

EE, HU: None

4.

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

All Member States except EE, HU: Unbound

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

 

(j)

Services incidental to energy distribution

(LV: CPC 887.

HU: only consultancy services, ex CPC 887.

1, 2 and 3. All Member States except HU, LV, LT, SI: Unbound

HU, LV, LT, SI: None

4.

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

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

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

1, 2 and 3. All Member States except HU, LV, LT, SI: Unbound

HU, LV, LT, SI: None

4.

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

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

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

LV: None

 

LT: Covers consultancy services related to the transmission and distribution on a fee basis of electricity, gaseous fuels, steam and hot water to household, industrial, commercial and other users - CPC 887 (28)

SI: Services Incidental to energy distribution - for gas only (29) — part of CPC 887)

 

 

 

(k)

Placement and supply services of personnel

Executive search services

(CPC 87201)

1.

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

2.

AT, FI, CY, CZ, EE, LV, LT, MT, PL, SK, SI Unbound

3.

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

ES: State monopoly.

4.

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

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK, SI: Unbound

1.

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

2.

AT, FI, CY, CZ, EE, LV, LT, MT, PL, SK, SI Unbound

3.

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

4.

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

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK, SI: Unbound

 

Placement services

(CPC 87202)

1.

All Member States except HU: Unbound

HU: None

2.

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK: Unbound

3.

AT, CY, CZ, EE, FI, LV, LT, MT, PL, PT, SK: Unbound

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

BE, FR, ES, IT: State monopoly.

4.

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

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK: Unbound

1.

All Member States except HU: Unbound

HU: None

2.

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK: Unbound

3.

AT, CY, CZ, EE, FI, LV, LT, MT, PL, PT, SK: Unbound

4.

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

AT, CY, CZ, EE, FI, LV, LT, MT, PL, SK: Unbound

 

Supply services of office support personnel

(CPC 87203)

1.

AT DE, FR, IT, IE, NL, PT, SK: Unbound.

2.

AT, FI, SK: Unbound

3.

AT, DE, FI, PT, SK: Unbound

IT: State monopoly.

4.

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

AT, FI, SK: Unbound

1.

AT, DE, FR, IT, IE, NL, PT, SK: Unbound.

2.

AT, FI, SK: Unbound

3.

AT, DE, FI, PT, SK: Unbound

4.

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

AT, FI, SK: Unbound

 

l.

Security services

(CPC 87302, 87303, 87304, 87305)

1.

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

2.

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound

3.

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound.

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

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

1.

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

2.

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound

3.

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound.

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

 

 

4.

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

DK: Unbound for airport guard services. Nationality requirement for managers.

FR: Requirement of nationality for managing directors and directors.

BE: Condition of nationality for management personnel.

ES, PT: Nationality requirement for specialized personnel.

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

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound

4.

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

DK: Unbound for airport guard services. Residence requirement for managers.

BE: Residence requirement for management personnel.

IT: Residence requirement in order to obtain necessary authorisation for security guard services and the transport of valuables.

CY, CZ, EE, LV, LT, MT, PL, SI, SK: Unbound

 

(m)

Related scientific and technical consulting services (30) (CPC 8675)

1.

None except FR: Unbound for exploration services.

2.

None

1.

FR: Unbound for exploration services.

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

2.

None

 

 

3.

FR: ‘Surveying’: Access through a SEL (anonyme, à responsabilité limitée ou en commandite par actions), SCP, SA and SARL only.

IT: For certain exploration services activities related to mining (minerals, oil, gas, etc.), exclusive rights may exist.

ES: Access to profession of surveyors and geologists through natural persons only.

PT: Access restricted to natural persons.

IT: Access to profession of surveyors and geologists through natural persons only. Professional association (no incorporation) among natural persons permitted

3.

FR: ‘Exploration and prospection services’ subject to authorisation.

 

 

4.

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

DE: Conditions of nationality for publicly appointed surveyors.

FR: ‘Surveying’ — operations relating to the establishment of property rights and to land law are reserved for EC ‘experts-géomètres’.

4.

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

IT, PT: Residence requirement.

 

 

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

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

DE: Conditions of nationality for publicly appointed surveyors.

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

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

 

(n)

Maintenance and repair of equipment

(not including maritime vessels, aircraft or other transport equipment)

(All Member States except EE, LT, LV: CPC 633, 8861, 8866. EE, LT, LV: 633, 8861-8866)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

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

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

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

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

 

(o)

Building-cleaning services (CPC 874)

1.

Unbound (31)

2.

3) None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

Unbound (31)

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

(p)

Photographic services

(CPC 875. All Member States excluding CZ, EE, LV, PL: excluding retail. PL: excluding aerial photography)

1.

All Member States except EE, HU, LV, LT, PL: Unbound except for aerial photography: none

EE, HU, LV, LT, PL: None

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

All Member States except CZ, HU, LV, LT, PL: Unbound except for aerial photography: none

CZ, HU, LV, LT, PL: None

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

 

(q)

Packaging services

(CPC 876)

1.

Unbound (32)

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

Unbound

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

(r)

Printing and Publishing

(CPC 88442)

1 and 2. None

3.

IT: Foreign participation in publishing companies limited to 49 % of capital or of voting rights.

LT: Establishment rights in publishing sector granted only to Lithuanian incorporated legal persons.

LV: Establishment rights in publishing sector granted only to Latvian incorporated legal persons

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

SK: Establishment rights in publishing sector granted only to Slovak incorporated legal persons

4.

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

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

1 and 2. None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

(s)

Convention services

(AT: only exhibition management services)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

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

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

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

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

 

(t)

Other

 

 

 

Translation Services

(CPC 87905)

(HU: except official translation. PL: excluding services of sworn interpreters. SK: except authorised public translation and interpretation)

1 and 2. None

3.

None

4.

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

DK: Authorised public translators and interpreters: Citizenship condition unless waived by the Danish Commerce and Companies Agency.

1 and 2. None

3.

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

4.

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

DK: Authorised public translators and interpreters: residence requirement unless waived by the Danish Commerce and Companies Agency.

 

 

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

EL: Relevant qualifications and five years' professional experience.

IT, IE, SE, UK: Relevant qualifications and three years' professional experience.

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

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

 

Interior design services

(CPC 87907) (33)

1.

None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

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

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

II.

SECTOR-SPECIFIC COMMITMENTS

2.

Communication services

 

 

 

Postal and courier services (34)

Services relating to the handling (35) of postal items (36) according to the following list of sub-sectors, whether for domestic or foreign destinations.

Sub-sectors (i), (iv) and (v) may be excluded when they fall into the scope of the services which may be reserved, which is: for items of correspondence the price of which is less than five times the public

basic tariff, provided that they weigh less than 350 grams (37), plus the registered mail service used in the course of judicial or administrative procedures.

1, 2 and 3. All Member States except CY, CZ, EE, HU, LT, LV, MT, PL, SK, SI: Licensing systems may be established for subsectors (i) to (v) for which a general universal service obligation exists. These licences may be subject to particular universal service obligations and/or financial contribution to a compensation fund.

CY, HU, LV, MT, SI: Unbound.

EE, LT: Unbound except for (v): None

PL: Unbound except for (v): None, excluding written correspondence (e.g. letters).

CZ, SK: Unbound except for (v) under mode 2 and 3: None

4.

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

CY, HU, LV, MT, SI: Unbound

CZ, EE, LT, PL, SK: Unbound except for (v) where unbound except as indicated in the horizontal section under (i) and (ii) (PL: excluding written correspondence, e.g. letters)

1, 2 and 3. All Member States except CY, CZ, EE, HU, LT, LV, MT, PL, SK, SI: None

CY, HU, LV, MT, SI: Unbound.

EE, LT,: Unbound except for (v): None

PL: Unbound except for (v): None, excluding written correspondence (e.g. letters).CZ, SK: Unbound except for (v) under

4.

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

CY, HU, LV, MT, SI: Unbound

CZ, EE, LT, PL, SK: Unbound except for (v) where unbound except as indicated in the horizontal section under (i) and (ii) (PL: excluding written correspondence, e.g. letters)

mode 2 and 3: None

Independent national regulatory authorities have been established to ensure compliance with postal regulation and to deal with conflicts between commercial partners (public or private). The right to a postal universal service is ensured.

(i)

Handling of addressed written communications on any kind of physical medium (38), including

Hybrid mail service

Direct mail

(ii)

Handling of addressed parcels and packages (39)

(iii)

Handling of addressed press products (40)

(iv)

Handling of items referred to in (i) to (iii) above as registered or insured mail

(v)

Express delivery services (41) for items referred to in (i) to (iii) above

(vi)

Handling of non-addressed items

(vii)

Document exchange (42)

(viii)

Other services not elsewhere specified

 

 

 

2.C.

Telecommunications services

 

 

 

Telecommunications services are the transport of electro-magnetic signals - sound, data image and any combinations thereof, excluding broadcasting (43). Therefore, commitments in this schedule do not cover the economic activity consisting of content provision which require telecommunications services for its transport. The provision of that content, transported via a telecommunications service, is subject to the specific commitments undertaken by the Community and its Member States in other relevant sectors.

Domestic and international

Domestic and international services provided using any network technology, on a facilities based or resale basis, for public and non-public use, in the following market segments (these correspond to the following CPC numbers: 7521, 7522, 7523, 7524 (44), 7525, 7526 and 7529 (44), broadcasting is excluded):

 

 

 

(a)

Voice telephone services

(b)

Packet switched data transmission services

1 and 2. PL: For telecommunications services provided using cable television and radio network services: Unbound

3.

PL: For telecommunications services provided using cable television and radio network services: The limitation of foreign capital and voting rights is 49 %.

SI: Foreign participation may not exceed 99 % of the equity. Licence for operation granted is subject to obligations of value-added telecommunication service providers, to use basic telecommunications network.

1, 2 and 3. None

BE: Licensing conditions may address the need to guarantee universal service, including through financing, in a transparent, non-discriminatory and competitively neutral manner and

will not be more burdensome than necessary.

(c)

Circuit-switched data transmissions services

(d)

Telex services

(e)

Telegraph services

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

(f)

Facsimile services

(g)

Leased circuit services

(h)

Electronic mail

 

 

 

(i)

Voice mail

(j)

On-line information and database retrieval

 

 

 

(k)

Electronic data interchange (EDI)

(l)

Enhanced/value added facsimile services, including store and forward, store and retrieve

(m)

Code and protocol conversion

 

 

 

(o)

Other services: mobile and personal communications services and systems

1 and 2. For paging: Unbound except pan-European paging systems.

3.

PL: For public cellular mobile telephone services and networks: None except that the limitation of foreign capital and voting rights is 49 %.

SI: Foreign participation may not exceed 99 % of the equity. Licence for operation granted is subject to obligations of value-added telecommunication service providers, to use basic telecommunications network.

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

BE: Licensing conditions may address the need to guarantee universal service, including through financing, in a transparent, non-discriminatory and competitively neutral manner and will not be more burdensome than necessary.

II.

SECTOR-SPECIFIC COMMITMENTS

3.

Construction and related engineering services

 

 

 

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

1.

Unbound (45) except for 5111 and 5114: none

HU, MT: Unbound

2.

HU, MT: Unbound

3.

HU, MT: Unbound

I: Exclusive rights are granted for construction, maintenance and management of highways and the airport of Rome.

4)

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

HU, MT: Unbound

1.

Unbound (45) except for CPC 5111 and 5114: none

HU, MT: Unbound

2.

HU, MT: Unbound

3.

HU, MT: Unbound

4.

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

HU, MT: Unbound

 

 

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

NL: University degree and professional qualifications and three years' professional experience in the sector.

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

FR: Unbound except for measures concerning the temporary entry of technicians under the following conditions:

the technician is an employee of a legal person within the territory of Chile and is transferred to a commercial presence in FR who has a contract with that legal person;

the work permit is delivered for a period not exceeding six months;

the technician presents a work certificate from the commercial presence in FR and a letter from the legal person within the territory of Chile demonstrating its agreement to the transfer;

compliance with an economic needs test is required;

the commercial presence body must pay a tax to the International Migration Office.

Unbound except for BE, DK, ES, FR and NL where: as indicated in the horizontal section under (iii)

 

 

Unbound except for DE, SE and UK where as indicated in the horizontal section under (iii), only for CPC 5111, and subject to the following specific limitations:

SE, UK: University degree and professional qualifications and three years' professional experience in the sector.

UK: Compliance with an economic needs test is required.

DE: Unbound except for limited range of services of site investigation work where: university degree and professional qualifications and three years' professional experience in the sector.

Unbound except for DE, SE and UK where as indicated in the horizontal section under (iii), only for CPC 5111

 

II.

SECTOR-SPECIFIC COMMITMENTS

4.

Distribution services (46)

 

 

 

A.

Commission Agents' Services

(CPC 621, 6111, 6113, 6121)

1.

FR: Unbound for traders and brokers working in market of national interest.

MT: Unbound

2.

MT: Unbound

3.

MT: Unbound

4.

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

MT: Unbound

FR: Condition of nationality for activities of traders, commissioners, and brokers working in 20 markets of national interest

1.

FR: Unbound for traders and brokers working in market of national interest.

2.

MT: Unbound

3.

MT: Unbound

4.

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

MT: Unbound

IT: Residence requirement.

 

B.

Wholesale Trade Services

(All Member States excluding PL: CPC 622, 61111, 6113, 6121. PL: CPC 622 excluding 62226, 62228, 62251, 62252)

1.

FR (47):

Unbound for pharmacies.

MT: Unbound

2.

MT: Unbound

3.

FR (48): Wholesale pharmacies are authorised according to the needs of the population and within established quotas.

PL: Licensing of establishment of companies in the area of wholesale trade in imported consumer goods.

MT: Unbound

4.

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

MT: Unbound

FR: Condition of nationality for wholesale of pharmaceuticals.

1.

MT: Unbound

2.

MT: Unbound

3.

MT: Unbound

4.

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

MT: Unbound

IT: Residence requirement.

 

C.

Retailing Services (49)

(CPC 631, 632, 61112, 6113, 6121, 613)

1.

MT: Unbound

2.

MT: Unbound

3.

BE (50)  (51), DK, FR, IT, PT: economic needs test on department stores applied on a national treatment basis.

SE: Individual municipalities may apply economic needs test to temporary trade in clothing, shoes and foodstuffs that are not consumed at the point of sale (52)

MT: Unbound

4.

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

MT: Unbound

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

1.

MT: Unbound

2.

MT: Unbound

3.

MT: Unbound

4.

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

MT: Unbound

 

D.

Franchising

(CPC 8929

1, 2 and 3. MT: Unbound

4.

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

MT: Unbound

1, 2 and 3. MT: Unbound

4.

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

MT: Unbound

 

II.

SECTOR-SPECIFIC COMMITMENTS

5.

Privately funded education services

 

 

 

A.

Primary Education Services

(All Member States except EE: CPC 921. EE: Compulsory primary education services)

1.

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

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

2.

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

3.

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

CZ: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: Establishment of schools is subject to licence from the local authorities.

SK: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach subject to complying with qualification and material requirements on establishment of such an institution.

4.

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

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

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

1.

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

2.

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

3.

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

CZ: None other than: majority of members of the Board must be of Czech nationality.

LT: None, except for permit issued by the Ministry of Education and Science for the State recognised teaching institutions required.

SK: None other than: majority of members of the Board have to be of Slovak citizenship.

4.

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

CY, FI, MT, SE, SI: Unbound

 

B.

Secondary education services

(All Member States except EE: CPC 922. EE: compulsory and non compulsory secondary education services. LV: Excluding CPC 9224)

1.

CY, FI, MT, SE: Unbound.

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

2.

CY, FI, MT, SE: Unbound.

3.

CY, FI, MT, SE: Unbound.

CZ: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: Establishment of schools is subject to licence from the local authorities.

SK: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach subject to complying with qualification and material requirements on establishment of such an institution.

4.

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

CY, FI, MT, SE: Unbound.

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

1.

CY, FI, MT, SE: Unbound

2.

CY, FI, MT, SE: Unbound

3.

CY, FI, MT, SE: Unbound.

LT: None, except for permit issued by the Ministry of Education and Science for the State recognised teaching institutions required.

SI: None other than: majority of the Board must be of Slovenian nationality

SK: None other than: majority of members of the Board have to be of Slovak citizenship.

4.

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

CY, FI, MT, SE: Unbound.

 

C.

Higher Education Services

(All Member States except CZ and SK: CPC 923. CZ and SK: Only CPC 92310)

1.

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

AT, CY, FI, MT, SE: Unbound

2.

AT, CY, FI, MT, SE: Unbound

3.

ES, IT: Needs test for opening of private universities authorised to issue recognised diplomas or degrees.

AT, CY, FI, MT, SE: Unbound

EL: Unbound for education institutions granting recognized State diplomas.

CZ: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: Establishment of schools is subject to licence from the central authorities.

SK: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach subject to complying with qualification and material requirements on establishment of such an institution.

4.

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

AT, CY, FI, MT, SE: Unbound

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

1.

AT, CY, FI, MT, SE: Unbound

2.

AT, CY, FI, MT, SE: Unbound

3.

AT, CY, FI, MT, SE: Unbound

SI: None other than: majority of the Board must be of Slovenian nationality

SK: None other than: majority of members of the Board have to be of Slovak citizenship.

4.

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

AT, CY, FI, MT, SE: Unbound

 

 

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

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

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

FR:

The professors have obtained an employment contract from a university or other higher education institution.

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

Compliance with an economic needs test is required unless those professors are designated directly by the Minister in charge of higher education.

The recruiting institution must pay a tax to the International Migration Office.

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

 

 

For HU only: Personalities of internationally recognized reputation who have been invited by higher education institutions for the duration of the invitation.

 

 

D.

Adult education services (CPC 924; for AT CPC 9240 except education services for adults by means of radio or television broadcasting. For EE: it also covers other adult education services not provided by the State)

1 and 2. CY, FI, MT, SE: Unbound

3.

CZ: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach. Condition of ensuring quality and level of education and suitability of school facilities.

HU: Establishment of schools is subject to licence from the local (or in case of high schools from the central) authorities.

SK: Foreign nationals may obtain authorisation from competent authorities to establish and direct an education institution and to teach subject to complying with qualification and material requirements on establishment of such an institution.

CY, FI, MT, SE: Unbound

4.

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

CY, FI, MT, SE: Unbound

1 and 2. CY, FI, MT, SE: Unbound

3.

CY, FI, MT, SE: Unbound

CZ: None other than: majority of members of the Board must be of Czech nationality.

SK: None other than: majority of members of the Board have to be of Slovak citizenship.

4.

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

CY, FI, MT, SE: Unbound

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

 

II.

SECTOR-SPECIFIC COMMITMENTS

6.

Environmental services (53)

 

 

 

(SE: the offer does not include public works functions whether owned and operated by municipalities, state or federal governments or contracted out by these governments)

 

 

 

A.

Water for human use and wastewater management

Water collection, purification and distribution services through mains, except steam & hot water.

1.

Unbound (54)

2.

None except CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: unbound.

3.

None except AT, DE, UK, CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: Unbound

4.

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

CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: Unbound

1.

Unbound (54)

2.

None except CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: Unbound.

3.

None except AT, DE, UK, CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: Unbound

4.

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

CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK: Unbound

 

 

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

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

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

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

 

Wastewater services

(CPC 9401, part of 18000)

1.

All Member States except EE, LT, LV: Unbound

EE, LT, LV: None

2 and 3. HU: Unbound

4.

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

HU: Unbound

1.

All Member States except EE, LT, LV: Unbound

EE, LT, LV: None

2 and 3. HU: Unbound

4.

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

HU: Unbound

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

 

B.

Solid/hazardous waste management (CPC 9402, 9403)

1.

All Member States except EE, HU: Unbound

EE, HU: None

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

All Member States except EE, HU: Unbound

EE, HU: None

2 and 3. None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

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

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

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

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

 

C.

Protection of ambient air and climate

(CPC 9404)

1.

All Member States except EE, LT, PL: Unbound

EE, LT, PL: None

2.

None

3.

SE: Government owned monopoly for control services of exhaust-gas from cars and trucks. Such services must be offered on a non-profit basis.

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

All Member States except EE, LT, PL: Unbound

EE, LT, PL: None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

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

 

D.

Remediation and clean up of soil and waters (part of CPC 94060)

1.

All Member States except EE: Unbound

EE: None

2 and 3. HU: Unbound

4.

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

HU: Unbound

1.

All Member States except EE: Unbound

EE: None

2 and 3. HU: Unbound

4.

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

HU: Unbound

 

 

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

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

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

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

 

E.

Noise and vibration abatement (CPC 9405)

1.

All Member States except EE, LT, PL: Unbound

EE, LT, PL: None

2 and 3. None except for CY, CZ, HU, SK, SI, UK: Unbound

4.

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

HU: Unbound

1.

All Member States except EE, LT, PL: Unbound

EE, LT, PL: None

2 and 3. None except for CY, CZ, HU, SK, SI, UK: Unbound

4.

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

HU: Unbound

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

 

F.

Protection of biodiversity and landscape nature and landscape protection services

(CPC 9406)

1.

All Member States except EE: Unbound

EE: None

2 and 3. HU: Unbound

4.

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

HU: Unbound

1.

All Member States except EE: Unbound

EE: None

2 and 3. HU: Unbound

4.

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

HU: Unbound

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

 

G.

Other environmental and ancillary services (part of CPC 94090)

1.

All Member States except EE, PL: Unbound

EE, PL: None

2 and 3. HU: Unbound

4.

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

HU: Unbound

1.

All Member States except EE, PL: Unbound

EE, PL: None

2 and 3. HU: Unbound

4.

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

HU: Unbound

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of 30 000 Euro.

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

 

II.

SECTOR-SPECIFIC COMMITMENTS

7.

Health services and social services

 

 

 

A.

Hospital services

(all Member States except LV, PL and SI: CPC 9311.

LV, PL and SI: only Private hospital and sanatorium services - CPC 9311

1.

All Member States except HU: Unbound

HU: None

2.

CZ, MT, FI, SE, SK: Unbound

3.

AT, BE, ES, FR, IT, LU, LT, NL, PT, SI: economic needs test applied on a national treatment basis (55).

PL: Head, or his deputy, of the health facility should meet qualifications of medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives, nurses are applicable.

LV: The head, or his deputy, of the health facility should be qualified as a medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives and nurses are applicable. Private hospital services need authorisation by local health authorities. The number of beds and use of heavy medical equipment is based on the needs of population, age scale and death rate.

CZ, MT, FI, SE, SK: Unbound

SI: Entry into public Health network is subject to concession from Institute for Health Insurance of the Republic of Slovenia.

1.

All Member States except HU: Unbound

HU: None

2.

CZ, MT, FI, SE, SK: Unbound

3.

CZ, MT, FI, SE, SK: Unbound

EE: None except professionals trained outside Estonia are required to present a certificate of auxiliary training courses of Tartu University. This requirement also applies to Estonian nationals trained abroad.

LT: None, except foreign private establishment and their consumers may not be entitled to receive financial support from public resources, including usage of public medical insurance funds.

 

 

4.

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

CZ, MT, FI, SE, SK: Unbound

LV: The head, or his deputy, of the health facility should be qualified as a medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives and nurses are applicable.

PL: Head, or his deputy, of the health facility should meet qualifications of medical doctor. All the limitations pertaining to medical, and dental services, as well as services of midwives, nurses are applicable

4.

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

CZ, MT, FI, SE, SK: Unbound

 

B.

Other human health services (CPC 9319. EE: CPC 9319 other than 93191)

1.

All Member States except HU: Unbound

HU: None

2 and 3. Unbound except for AT, EE, HU, SI: none

4.

Unbound except AT, EE, HU, SI: unbound except as indicated in the horizontal section under (i) and (ii).

1.

All Member States except HU: Unbound

HU: None

2 and 3. Unbound except for AT, EE, HU, SI: none

4.

Unbound except AT, EE, HU, SI: unbound except as indicated in the horizontal section under (i) and (ii)

 

C.

Social Services

Convalescent and

Rest Houses, Old People's Homes

1.

Unbound

2.

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

3.

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

FR: Provision of services is permitted by the competent authorities according to local needs.

4.

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

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

1.

Unbound

2.

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

3.

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

4.

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

CZ, HU, FI, MT, PL, SI, SK, SE: Unbound

 

D.

Other (health related services)

1, 2 and 3. All Member States except HU: Unbound HU: None

4.

All Member States: Unbound except for HU: Unbound except as indicated in the horizontal section under (i) and (ii)

1, 2 and 3. All Member States except HU: Unbound

HU: None.

4.

All Member States: Unbound except for HU: Unbound except as indicated in the horizontal section under (i) and (ii)

 

II.

SECTOR-SPECIFIC COMMITMENTS

8.

Tourism and travel related services

 

 

 

A.

Hotels, Restaurants

and Catering

(CPC 641, 642, 643. PL: excluding CPC 643)

(excluding catering in transport services sector except in PL)

1.

Unbound except for catering: none

2.

None

3.

IT: Local economic needs test on opening of new bars, cafés and restaurants.

1.

Unbound except for catering: none

2.

None

3.

None

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

B.

Travel Agencies and Tour Operators Services (including tour managers)

(CPC 7471)

1.

HU: Unbound

PL: Commercial presence required.

2.

None

3.

PT: Requirement of constitution of a commercial company having its corporate base in Portugal.

IT: Economic needs test.

FI: A permission from the National Consumer Administration is required.

CZ: Economic needs test based on population criterion.

1.

PL: Commercial presence required.

2.

None

3.

None

 

 

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

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

AT, FI, IT, IE, SE: Unbound except for tour managers (persons whose function is to accompany a tour group of a minimum of 10 persons, without acting as guides in specific locations) where for AT, IT, IE, SE: professional certificate and three years' professional experience.

BE, DE, DK, ES: University degree or equivalent technical qualification and three years professional experience.

IT: Compliance with an economic needs test is required

Unbound except for AT, BE, DE, DK, ES, IT, FI, IE, SE where: as indicated in the horizontal section under (iii)

 

C.

Tourist guides services (CPC 7472)

1.

CY, HU, IT, LT, MT, PT, PL, SI: Unbound.

2.

CY, HU, LT, MT, PL, SI: Unbound

3.

CY, HU, LT, MT, PL, SI: Unbound

4.

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

ES, IT: The right to exercise the profession is reserved for the local organisations of tourist guides.

EL, ES, IT, PT: Access to the activity is subject to condition of nationality.

CY, HU, LT, MT, PL, SI: Unbound

1.

CY, HU, LT, MT, PL, SI: Unbound

2.

CY, HU, LT, MT, PL, SI: Unbound

3.

CY, HU, LT, MT, PL, SI: Unbound

4.

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

CY, HU, LT, MT, PL, SI: Unbound

 

 

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

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

SE: Professional certificate, relevant qualifications and three years' professional experience.

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

 

II.

SECTOR-SPECIFIC COMMITMENTS

9.

Recreational, cultural and sporting services (other than audio-visual services)

 

 

 

A.

Entertainment services

(including theatre, live bands and circus services)

(CPC 9619)

1.

Unbound

2.

CY, CZ, EE, FI, LT, LV, PL, SI, SK: Unbound

3.

CY, CZ, EE, FI, LV, PL, SI, SK: Unbound

LT: None, except prohibition to establish and maintain gambling houses, to organise gambling games (56).

4.

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

CY, CZ, EE, FI, LT, LV, PL, SI, SK: Unbound

IT: Economic needs test.

1.

All Member States except HU: Unbound.

HU: None

2.

CY, CZ, EE, FI, LT, LV, PL, SI, SK: Unbound

3.

CY, CZ, FI, LV, PL, SI, SK: Unbound

FR, IT: Unbound for subsidies and any other forms of direct and indirect support.

SE: Targeted financial support to specific local, regional or national activities.

LT: None, except:

(a)

as indicated under market access (also exception indicated in Part I regarding prohibition of foreign investments to lotteries); and

(b)

Unbound for subsidies as regards cinema operation theatre (CPC 96199**).

4.

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

CY, CZ, EE, FI, LT, LV, PL, SI, SK: Unbound

 

 

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

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

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

 

 

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

AT, ES: access is limited to persons whose main professional activity is in the field of fine arts, deriving the major part of their income from that activity. such persons shall not exercise any other commercial activity in Austria.

FR:

The artists have obtained an employment contract from an authorised entertainment enterprise.

The work permit is delivered for a period not exceeding nine months renewable for a duration of three months.

Compliance with an economic needs test is required.

The entertainment enterprise must pay a tax to the International Migration Office.

 

 

B.

News and press agency

1.

None

1.

None

 

Services

(CPC 962)

2.

None

3.

FR: Condition of nationality for administrators of Agence France Press. (other restrictions lifted if reciprocity granted)I: Special anti-concentration rules operate in the daily press and broadcasting sectors, specific limits are fixed to multimedia ownership. Foreign companies may not control publishing or broadcasting companies: foreign equity participation limited to 49 %.

HU: Unbound

PT: News companies, incorporated in Portugal in legal form of ‘Sociedade Anónima’, must have the social capital in the form of nominal stock.

SK: foreign suppliers of news and press agency services must be accredited at the Ministry of Foreign Affairs of the Slovak Republic. The official press agency of the Slovak Republic (TASR) is subject of state financing.

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

2.

None

3.

HU: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

 

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

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

BE: Economic Needs Test is required if the gross annual salary of the natural person is below the threshold of EUR 30 000.

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

 

C.

Libraries, archives, museums and other cultural services (CPC 963)

1.

Unbound except in AT: none

2.

Unbound except in AT, EE: none

3.

Unbound except in AT, LT

AT: None

LT: Licenses for researching, reservation and restoration of the immovable cultural values, for preparation of the conditions, programmes and projects of such works, for preservation and restoration of movable cultural values are necessary.

4.

Unbound except in AT, EE: unbound except as indicated in the horizontal section under (i) and (ii)

1.

Unbound except in AT: none

2.

Unbound except in AT, EE: none

3.

Unbound except in AT, LT

AT: None

LT: None except under market access

4.

Unbound except in AT, EE, LT: unbound except as indicated in the horizontal section under (i) and (ii)

 

D.

Sporting and Other Recreational Services other than Gambling and Betting Services

(CPC 9641, 96491. AT: ski school services and mountain guide services are not covered)

1.

MT: Unbound

2.

MT: Unbound

3.

MT: Unbound

4.

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

MT: Unbound

IT: Economic needs test.

1.

MT: Unbound

2.

MT: Unbound

3.

MT: Unbound

SE: Targeted financial support to specific local, regional or national activities

4.

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

MT: Unbound

 

II.

SECTOR-SPECIFIC COMMITMENTS

10.

Transport services

 

 

 

A.

Maritime transport services

(see additional definitions after the transport section)

 

 

International transport (freight and passengers) CPC 7211 and 7212 less cabotage transport

1.

(a)

Liner shipping: none

(b)

Bulk, tramp, and other international shipping, including passenger transportation; none

2.

None

3.

(a)

Establishment of registered company for the purpose of operating a fleet under the national flag of the State of establishment: unbound for all Member States except LV and MT: None

(b)

Other forms of commercial presence for the supply of international maritime transport services (as defined below under Definitions concerning maritime transport): none

4.

(a)

Ships' crews: unbound

(b)

Key personnel employed in relation to a commercial presence as defined under mode 3(b) above: Unbound except as indicated in the horizontal section under (i) and (ii)

1.

(a)

Mode 1 (a) Liner trade: none, other than the exceptional case where a Member States would have to enforce EC Regulation 954/79, article 2, par. 2.

(b)

None

2.

None

3.

(a)

Unbound for all Member States except LV and MT: None

(b)

None

4.

(a)

Unbound except as indicated in the horizontal section under (i) and (ii)

(b)

Unbound except as indicated in the horizontal section under (i) and (ii)

See footnote (57)

Maritime auxiliary services

 

 

 

Maritime cargo handling services

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

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

MT: Unbound

1.

Unbound (58)

2 and 3. MT: Unbound

4.

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

MT: Unbound

 

Storage and warehousing services CPC 742 (as amended)

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

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

MT: Unbound

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

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

MT: Unbound

 

Customs clearance services (60)

1.

Unbound (58)

2 and 3. (59)MT: Unbound

4.

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

MT: Unbound

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

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

MT: Unbound

 

Container station and depot services (61)

1.

Unbound (58)

2 and 3. (59)MT: Unbound

4)

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

MT: Unbound

1.

Unbound (58)

2 and 3. (59)MT: Unbound

4)

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

MT: Unbound

 

Maritime agency services (62)

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

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

MT: Unbound

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

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

MT: Unbound

 

(Maritime) freight forwarding services (63)

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

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

MT: Unbound

1.

Unbound (58)

2 and 3. (59) MT: Unbound

4.

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

MT: Unbound

 

(d)

Maintenance and repair of vessels, except for EE, LV and SI.

EE and LV: CPC 8868.

SI: CPC 8868 (59)

1.

All Member States except EE, HU and LV: Unbound.

EE, HU and LV: None

2.

All Member States except EE, HU, LV and SI: Unbound.

EE, HU, LV and SI: None

3.

All Member States except EE, HU, LV and SI: Unbound.

EE, HU, LV and SI: None

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

All Member States except EE, HU, LV and SI: Unbound.

EE, HU, LV and SI: Unbound, except as indicated in the horizontal section

1.

All Member States except EE, HU and LV: Unbound.

EE, HU and LV: None

2.

All Member States except EE, HU, LV and SI: Unbound.

EE, HU, LV and SI: None

3.

All Member States except EE, HU, LV and SI: Unbound.

EE, HU, LV and SI: None

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

All Member States except EE, HU, LV and SI: Unbound.

EE, HU and SI: Unbound, except as indicated in the horizontal section

LV: None

 

B.

Internal waterways transport

1 and 3. None, other than measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link), which 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.

1 and 3. None, other than measures based upon existing or future agreements on access to inland waterways (including agreements following the Rhine-Main-Danube link), which 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.

See footnote (64)

(b)

Freight transportation

(c)

Rental of vessels with crew

AT: According to the Austrian Inland Waterways Shipping Act the setting up of a shipping company by natural persons requires EEA (European Economic Area) citizenship. In the case of establishment as legal person, the majority of managing directors, the managing board and the supervisory board must be EEA citizens. In addition the majority of the business shares must be held by EEA citizens.

CY, CZ, EE, HU, LT, MT, PL, SE, SI, SK: Unbound

2.

None except CY, EE, HU, LT, MT, PL, SI: Unbound

CY, CZ, EE, HU, LT, MT, PL, SE, SI, SK: Unbound

2.

None except CY, EE, HU, LT, MT, PL, SI: Unbound

 

(f)

Supporting services for internal waterway transport

(d)

Maintenance and repair of vessels

4.

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

CY, EE, HU, LT, MT, PL, SI: Unbound

1.

All Member States except HU: Unbound

HU: None

2.

None except CY, EE, LT, MT, PL, SI: Unbound

3.

None except CZ, CY, EE, LT, MT, PL, SI, SK: Unbound

4.

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

CY, EE, LT, MT, PL, SI: Unbound

4.

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

CY, EE, HU, LT, MT, PL, SI: Unbound

1.

All Member States except HU: Unbound

HU: None

2.

None except EE, LT, MT, PL, SI: Unbound

3.

None except CZ, EE, LT, MT, PL, SI, SK: Unbound

4.

Unbound except as indicated in the horizontal section under (i) and (ii) and subject to the following limitations: CZ, EE, LT, MT, PL, SI: Unbound

 

C.

Air transport services

 

 

 

(c)

Rental of aircraft with crew

(CPC 734

1 and 2. All Member States except PL: Unbound

PL: None except that aircraft used by Community air carriers have to be registered in the Member State licensing the air carrier or elsewhere in the Community. Waivers can be granted for short term lease contracts or under exceptional circumstances.

3.

All Member States except PL: Unbound

PL: None except that aircraft used by Community carriers have to be registered in the aircraft register of that Member State, the aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific regarding ownership of capital and control (including nationality of directors).

4.

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

All Member States except PL: Unbound

PL: Unbound except for horizontal measures

1, 2 and 3. All Member States except PL: Unbound

PL: None

4.

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

All Member States except PL: Unbound

PL: None

 

(d)

Maintenance and repair of aircraft and parts thereof

1.

All Member States except EE, HU, LV, PL: Unbound

EE, HU, LV, PL: None

2.

None

3.

CZ: Corporate seat required in the Czech Republic

SK: Corporate seat is required in the Slovak Republic

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

All Member States except EE, HU, LV, PL: Unbound

EE, HU, LV, PL: None

2.

None

3.

CZ: Corporate seat required in the Czech Republic

SK: Corporate seat is required in the Slovak Republic

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

Sales and marketing

1.

None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

For distribution through CRS of air transport services provided by CRS parent carrier: unbound.

2.

None

3.

For distribution through CRS of air transport services provided by CRS parent carrier: unbound.

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

 

Computer reservations system

1.

None

2.

None

3.

None

4.

Unbound except as indicated in the horizontal section under (i) and (ii)

1.

For obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries: unbound.

2.

None

3.