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Document 21996A0706(02)

    Treći protokol uz Opći sporazum o trgovini uslugama

    SL L 167, 6.7.1996, p. 43–54 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)

    ⏵Ovaj dokument objavljen je u određenim posebnim izdanjima (CS, ET, LV, LT, HU, MT, PL, SK, SL, BG, RO, HR)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/prot/1996/412(2)/oj

    Related Council decision

    11/Sv. 37

    HR

    Službeni list Europske unije

    60

    21996A0706(02)

    L 167/43

    SLUŽBENI LIST EUROPSKE UNIJE

    TREĆI PROTOKOL UZ OPĆI SPORAZUM O TRGOVINI USLUGAMA

    ČLANICE SVJETSKE TRGOVAČKE ORGANIZACIJE, čiji se obvezujući rasporedi posebnih obveza u pogledu kretanja fizičkih osoba uz Opći sporazum o trgovini uslugama nalaze u Prilogu ovom Protokolu,

    NAKON PROVEDENIH pregovora u skladu s uvjetima Ministarske odluke o pregovorima o kretanju fizičkih osoba koja je donesena 15. travnja 1994. u Marakešu,

    UZIMAJUĆI U OBZIR rezultate tih pregovora,

    UZIMAJUĆI U OBZIR Odluku o kretanju fizičkih osoba koju je Vijeće za trgovinu uslugama donijelo 30. lipnja 1995.,

    SPORAZUMNE SU:

    1.

    Po stupanju na snagu ovog Protokola za pojedinu članicu, njezine će obveze u području kretanja fizičkih osoba, koje su priložene ovome Protokolu, zamijeniti odnosno dopuniti relevantne unose u obvezujućem rasporedu posebnih obveza te članice koji se odnose na kretanje fizičkih osoba.

    2.

    Ovaj je Protokol članicama otvoren za prihvaćanje, potpisivanjem ili na drugi način, do 30. lipnja 1996.

    3.

    Ovaj Protokol stupa na snagu tridesetog dana od 1. siječnja 1996. za članice koje ga prihvate do toga datuma, a za članice koje ga prihvate nakon toga datuma, ali ne kasnije od 30. lipnja 1996., tridesetog dana od dana prihvaćanja. Ako članica čiji je obvezujući raspored priložen ovome Protokolu ne prihvati Protokol do toga datuma, predmet se upućuje Vijeću za trgovinu uslugama koji će ga razmotriti i poduzeti potrebne mjere.

    4.

    Ovaj Protokol polaže se kod glavnog direktora Svjetske trgovačke organizacije. Glavni direktor WTO-a dužan je bez odgode dostaviti svakoj članici WTO-a ovjerenu presliku ovog Protokola i obavijesti o njegovu prihvaćanju sukladno stavku 3.

    5.

    Ovaj se Protokol registrira u skladu s odredbama članka 102. Povelje Ujedinjenih naroda.

    Sastavljeno u Ženevi dana … [mjesec] tisuću devetsto devedeset pete u po jednom primjerku na engleskom, francuskom i španjolskom jeziku, pri čemu se svaki od tih tekstova smatra vjerodostojnim, osim ako nije drukčije predviđeno s obzirom na obvezujuće rasporede koji se nalaze u Prilogu ovom Protokolu.

     

    EUROPSKA ZAJEDNICA I NJEZINE DRŽAVE ČLANICE

    PLAN POSEBNIH OBVEZA

    Dopuna 2.

    (Vjerodostojan je samo engleski tekst)

    Ovim se tekstom dopunjavaju unosi iz odjeljka o kretanju fizičkih osoba na stranicama od 7. do 11. dokumenta GATS/SC/31.

    EUROPEAN COMMUNITY AND ITS MEMBER STATES

    SCHEDULE OF SPECIFIC COMMITMENTS

    Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons

    Sector or subsector

    Limitations on market access

    Limitations on national treatment

    Additional commitments

    I. HORIZONTAL COMMITMENTS

     

    (4)

    (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: (1)

    —

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

    —

    The juridical 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 European Community or its Member States.

    —

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

    —

    The temporary entry and stay within the Member State concerned shall be for a period of not more than 3 months in any 12 month period (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 European 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

    —

    taxation advisory services

    —

    architectural services, urban planning and landscape architectural services

    —

    engineering services, integrated engineering services

    —

    computer and related services

    —

    research and development services

    —

    advertising

    —

    management consulting services

    —

    services related to management consulting

    —

    technical testing and analysis services

    —

    translation services

    —

    construction services, site investigation work

    —

    higher education services

    —

    travel agencies and tour operator services

    —

    entertainment services

    —

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

    (4)

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

     

    Legal advice on home country law and public international law (page 12 in the schedule dated April 1994):

    (4)

    Unbound except for D and UK where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    D and UK: University degree and professional qualifications and three years’ professional experience in the sector.

    D: Unbound for activities reserved to „Rechtsanwalt”.

    (4)

    Unbound except as indicated in the horizontal section.

     

    Accounting services (page 14 in the schedule dated April 1994) (CPC 86212 other than „auditing services”):

    (4)

    Unbound except for A, D, L, NL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    (4)

    Unbound except as indicated in the horizontal section.

     

    Bookkeeping services for A only (page 17 in the schedule dated April 1994) (CPC 86220):

     

    A, D, NL, UK, S: University degree and professional qualifications and three years’ experience in the sector.

     

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

     

    D: Unbound for activities reserved by law in the „Wirtschaftsprüfer”.

     

     

    Taxation advisory services (page 18 in the schedule dated April 1994) (CPC 86301):

    (4)

    Unbound except for A, B, D, L, NL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    A, B, NL, UK, S: University degree and professional qualifications and three years’ experience in the sector.

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

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

    (4)

    Unbound except as indicated in the horizontal section.

     

    Architectural services (page 20 in the schedule dated April 1994): (CPC 8671)

    (4)

    Unbound except for DK, E, L, NL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    (4)

    Unbound except as indicated in the horizontal section.

     

    and urban planning and landscape architectural services (page 22 in the schedule dated April 1994): (CPC 8674)

     

    DK, NL, UK, S: University degree and professional qualifications and three years’ professional experience in the sector.

     

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

     

     

    Engineering services (page 21 in the schedule dated April 1994): (CPC 8672)

    (4)

    Unbound except for B, DK, E, NL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    B, DK, NL, UK, S: University degree and professional qualifications and three years’ professional experience in the sector.

    UK: Compliance with an economic needs test is required.

    E: Academic and professional qualifications recognized by the national authorities and licence delivered by the professional association.

    (4)

    Unbound except as indicated in the horizontal section.

     

    Integrated engineering services (page 22 in the schedule dated April 1994): (CPC 8673)

    (4)

    Unbound except for B, DK, E, NL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following limitations:

    B, DK, NL, UK, S: University degree and professional qualifications and three years’ professional experience in the sector.

    UK: Compliance with an economic needs test is required.

    E: Academic and professional qualifications recognized by the national authorities and licence delivered by the professional association.

    (4)

    Unbound except as indicated in the horizontal section.

     

    Computer and related services (pages 31 to 33 in the schedule dated April 1994): (CPC 841, 842, 843, 844)

    (4)

    Unbound except for B, DK, GR, I, L, NL, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    B, DK, I, NL, S: 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.

    I: Compliance with an economic needs test is required.

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

    (4)

    Unbound except as indicated in the horizontal section.

     

    Research services (CPC 852) (page 33 of the schedule dated April 1994): (to be added under CPC 851 and 853 for F only)

    (4)

    Unbound except for F and L where concerning the temporary entry of researchers: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    F:

    —

    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.

    (4)

    Unbound except as indicated in the horizontal section.

     

    Advertising (page 38 in the schedule dated April 1994): (CPC 871)

    (4)

    Unbound except for B, D, GR, I, L, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    B, D, I, UK, S: Relevant qualifications and three years’ professional experience.

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

    GR: Relevant qualifications and five years’ professional experience.

    (4)

    Unbound except as indicated in the horizontal section.

     

    Management consulting services (page 39 in the schedule dated April 1994): (CPC 865)

    (4)

    Unbound except for B, D, DK, I, L, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    B, D, DK, I, UK, S: Unbound except for managers and senior consultants where: university degree and three years’ professional experience.

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

    (4)

    Unbound except as indicated in the horizontal section.

     

    Services related to management consulting (page 39 in the schedule dated April 1994): (CPC 866)

    (4)

    Unbound except for B, D, DK, I, L, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    B, D, DK, I, UK, S: Unbound except for managers and senior consultants where: university degree and three years’ professional experience.

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

    (4)

    Unbound except as indicated in the horizontal section.

     

    Technical testing and analysis services (page 40 in the schedule dated April 1994): (CPC 8676)

    (4)

    Unbound except for D, DK, L, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    D, DK, UK, S: University degree or technical qualifications demonstrating knowledge and three years’ professional experience

    UK: Compliance with an economic needs test is required.

    (4)

    Unbound except as indicated in the horizontal section.

     

    Translation services (page 48 in the schedule dated April 1994): (CPC 87905)

    (4)

    Unbound except for GR, I, IRL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    GR: Relevant qualifications and five years’ professional experience.

    I, IRL, UK, S: Relevant qualifications and three years’ professional experience.

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

    (4)

    Unbound except as indicated in the horizontal section.

     

    Construction services (page 51 in the schedule dated April 1994): (CPC 511, 512, 513, 514, 515, 516, 517, 518)

    (4)

    Unbound except for NL and F 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.

    F: Unbound except for measures concerning the temporary entry for technicians under the following conditions:

    —

    The technician is an employee of a juridical person within the territory of another Member and is transferred to a commercial presence in F which has a contract with that juridical person.

    —

    The work permit is delivered for a period not exceeding six months.

    —

    The technician presents a work certificate from the commercial presence in F and a letter from the juridical person within the territory of another Member, 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.

    (4)

    Unbound except as indicated in the horizontal section.

     

    Site investigation work (CPC 5111)

    (4)

    Unbound except for B, D, DK, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    B, DK, UK, S: University degree and professional qualifications and three years’ professional experience in the sector.

    UK: Compliance with an economic needs test is required.

    D: 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.

    (4)

    Unbound except as indicated in the horizontal section.

     

    Higher education services (page 57 of the schedule dated April 1994): (CPC 923)

    (4)

    Unbound except for F and L concerning the temporary entry of professors where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

    F:

    —

    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.

    (4)

    Unbound except as indicated in the horizontal section.

     

    Travel agencies and tour operators services (page 82 in the schedule dated April 1994): (CPC 7471)

    (4)

    Unbound except for A, B, D, DK, I, FIN, IRL, S where: as indicated in the horizontal section under (iii), and subject to the following specific limitations:

    A, B, D, DK, FIN, I, IRL, S: Unbound except for tour managers (persons whose function is to accompany a tour group of a minimum of 10 people, without acting as guides in specific locations) where for A, B, D, DK, I, IRL, S: professional certificate and three years’ professional experience.

    I: Compliance with an economic needs test is required

    (4)

    Unbound except as indicated in the horizontal section.

     

    Entertainment services (including theatre, live bands and circus services) (page 84 in the schedule dated April 1994): (CPC 9619)

    (4)

    Unbound except for A and F concerning the temporary entry of artists where: as indicated under the horizontal section under (iii) and subject to the following specific limitations:

    A: 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.

    F:

    —

    The artists have obtained an employment contract from an authorized 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.

    (4)

    Unbound except as indicated in the horizontal section.

     

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

    (4)

    Unbound except for F concerning the temporary entry of technicians where: as indicated under the horizontal section under (iii) and subject to the following specific limitations:

    —

    The technician is an employee of a juridical person within the territory of another Member,

    and

    —

    that juridical person manufactures equipment and has sold that equipment to a commercial presence in France,

    or

    —

    that juridical person has assigned a patent to a commercial presence in France.

    —

    the technician is in charge of supervising the construction of the equipment, or of ensuring the preparation for the exploitation of the patent.

    —

    the work permit is delivered for a period not exceeding six months.

    —

    the technician presents a work certificate from the commercial presence in France and a letter from the juridical person within the territory of another Member demonstrating its agreement to the transfer.

    —

    the commercial presence in France must pay a tax to the International Migration Office.

    (4)

    Unbound except as indicated in the horizontal section.

     

    (1)  All other requirement of European Community and Member States’ laws, regulations and requirements regarding entry, stay and work shall continue to apply. The service contract shall comply with the laws, regulations and requirements of the European Community and the Member State where the service contract is executed.

    ODLUKA O KRETANJU OBVEZA FIZIČKIH OSOBA

    koju je Vijeće za trgovinu uslugama usvojilo 21. srpnja 1995.

    VIJEĆE ZA TRGOVINU USLUGAMA,

    UZIMAJUĆI U OBZIR rezultate pregovora koji su vođeni u skladu s uvjetima Odluke o kretanju fizičkih osoba donesene 15. travnja 1994. u Marakešu,

    UZIMAJUĆI U OBZIR Odluku o kretanju fizičkih osoba koju je Vijeće za trgovinu uslugama donijelo 30. lipnja 1995.,

    ODLUČILO JE:

    1.

    Usvaja se tekst Trećeg protokola Općega sporazuma o trgovini uslugama.

    2.

    Od sada do stupanja na snagu Trećeg protokola Općega sporazuma o trgovini uslugama dotične članice će se u najvećoj mogućoj mjeri u kojoj to dopuštaju njihova postojeća zakonodavstva suzdržati od poduzimanja mjera koje nisu u skladu s njihovim obvezama koje proizlaze iz ovih pregovora.

    3.

    Vijeće za trgovinu uslugama prati prihvaćanje Protokola od strane dotičnih članica te na zahtjev članica ispituje sva pitanja u vezi s primjenom stavka 2. gore.
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