ORGANIZACIÓN MUNDIAL  
DEL COMERCIO  S/DCS/W/ROM 
24 de enero de 2003 
 (03-0554) 
Comercio de Servicios Original:   inglés 
  
RUMANIA 
 
Proyecto de Lista refundida de Compromisos Específicos
1 
 
 
 El documento adjunto contiene un proyect o de la Lista refundida de Compromisos 
Específicos de Rumania, en formato Word.  Este documento no sustituye los compromisos 
jurídicamente vinculantes contraídos por Ruma nia en su Lista de Compromisos Específicos 
(GATS/SC/72; GATS/SC/72/Suppl.1; GATS/SC/72/Suppl.2).   Adjunto al proyecto de lista refundida figura la Lista refundida de Exenciones del Artículo II 
(NMF) de Rumania (GATS/EL/72) en formato Word. 
  Los proyectos de la Lista refundida y de la Lista de Exenciones del trato NMF refundidas fueron preparados por la Secretaría, a petición de los Miembros, para facilitar el proceso de las 
negociaciones, incluida la presentación de ofertas iniciales.  
_______________ 
 
 
                                                     
 
1 Este documento se ha preparado, en inglés solamente, bajo la responsabilidad de la 
Secretaría y sin perjuicio de las posiciones de los Miembros ni de sus derechos ni obligaciones en el 
marco de la OMC.  
 S/DCS/W/ROM 
Page 2 ROMANIA – SCHEDULE OF SPECIFIC COMMITMENTS 
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
I. HORIZONTAL COMMITMENTS 
 
 ALL SECTORS  
 INCLUDED  
 IN THIS SCHEDULE     
(a) The right to own land  3),4)  Natural persons not having Romanian  
citizenship and residence in Romania, as well 
as legal persons not having Romanian 
nationality and their headquarters in Romania,  
cannot acquire ownership over any kind of land plots, through inter vivos acts   
(b) Legislation on commercial  
 companies   
 3) The sole administrato r or the Chairman of  
 the Board of Administration as well as   half of the total number of administrators  
 of the commercial companies shall be  
 Romanian citizens unless otherwise   stipulated in the company contract or in  
 its statutes.  The majority of the  
 commercial companies’ auditors and their   deputies shall be Romanian citizens. 
  
 (c) Participation of foreign  
investors in privatization of 
commercial companies1  Unbound 
 
  Unbound 
 
  
                                                      
 1 Thirty per cent of the capital of the Stat e owned commercial companies has been distri buted free of charge to Romanian citizens  through "Ownership Certificates" which cannot be 
sold to foreign legal and natural persons. 
The remaining 70 per cent of the capital of these companies is to be put on sale. 
Within the privatization process the foreign investors can buy assets and shares of commercial companies. Romanian legal and na tural persons have a priority right in this respect.  
Under privatization through the MEBO method  (Management-Employee- Buy-Out) the right to purchase a commercial company is reserve d for its employees.  
  S/DCS/W/ROM
 Page 3Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(d) Presence of personnel 
 4) Unbound, except for the entry and  
 temporary stay in Romania of  
 natural persons serving in  
 management and expert jobs2 
 necessary to operate the foreign  
 investment 
  
 4) None, only for those categories of natural  
 persons indicated in the market access  
 column 
   
II. SECTOR SPECIFIC COMMITMENTS* 
1. BUSINESS SERVICES 
    
A. Professional Services  
    
(a) Legal services (CPC 861) 
 1) None 
2) None 3) Unbound 
4) Unbound 
 1) None 
2) None 3) Unbound 
4) Unbound 
   
 
(d)&(g)  Architectural and  
 urban planning services  
 (CPC 8671-8674) 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section   
 
(e) Advisory and consultative  
 engineering services (CPC   86721) 
 1) None 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) None 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section   
 
                                                      
 2 Natural persons serving in management jobs are those persons with  relevant higher education who, within an organization, have t he task to manage this organization or one of  
its departments or divisions.   
Natural persons serving in expert jobs are those persons who have  university degrees in the speciality of the position they occ upy. 
 * Commitments are generally classified in ac cordance with the Services Se ctoral Classification (GATT document MTN/GNS/W/120 of 1 0 July 1991). 
 The correspondence with the Provisional Central Product Classification List published by the United Nations in 1991, provided in brackets, is an indicative one. 
   
 S/DCS/W/ROM 
Page 4 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Engineering design services  
 for mechanical and  
 electrical installations for  
 buildings   (CPC 86723) 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the   horizontal measures section 
 1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section 
  
 
B. Computer and Related  
 Services  
    
(a) Consultancy services  
 related to   the installation of computer  
 hardware 
 (CPC 841)  1) None 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) None 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section   
 
(b) Software development and   implementation services   (CPC 842) 
 1) None 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section 
 1) None 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section 
  
 
(c) Data processing services   and data-entry (CPC 843) 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the   horizontal measures section 
 1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section 
  
 
(d) Data-base services (CPC   844) 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the   horizontal measures section 
 1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section 
  
 
(d)&(e) Computer services   which are an integral part  
 of the delivery of services  
 of other categories (CPC   845+849) 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the   horizontal measures section 
 1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section 
  
  
  S/DCS/W/ROM
 Page 5Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
F. Other Business Services  
    
(c)&(d) Consultancy services  
 on management and  
 services related to   consultancy services on  
 management 
 (CPC 865 + 866) 1) None 
2) None 
3) None 4) Unbound, except as indicated in the  
 horizontal measures section 1) None 
2) None 
3) None 4) None, only as indicat ed in the horizontal  
 measures section  
 
2. COMMUNICATION  
 SERVICES   
 
  
  
 
C. Telecommunication  
 Services   
 CPC numbers: 7521, 7522, 
 7523, 7524**, 7525, 7526 
 and  7529**;  broadcast  distribution to the general 
 public of radio or 
 television programming is 
 excluded    
 All subsectors  Licenses and permissions are  
 granted only to entities with  
 Romanian juridical personality  
 established according to the   Romanian legislation. 
 
 Only Romanian Signatories have the   right to links with International  
 Satellite Organizations. 
   As attached. 
 
 Network operations 
 and  services supply  require licences 
 or permissions issued 
 by the regulatory  authority. 
 
 Licensing conditions,  for all subsectors, may 
 provide the 
 application of the  universal service 
 principles as defined 
 by the regulatory  authority. 
  
 S/DCS/W/ROM 
Page 6 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(a) Voice telephone services  
 Local/Long-distance/  
 International 
 - for public use 
- facilities-based 
- resale based - wire based 
- fixed radio based 
 1) Bypass of Romtelecom network is not allowed 
 until 31.12.2002. None as of 01.01.2003. 
2) None 
3) Reserved to Romtelecom  for exclusive supply  until 31.12.2002. None as of 01.01.2003. 
4) Unbound except as indicated in the horizontal  
 section.   1) None 
 
2) None 
3) None  
4) Unbound except as indicated in the horizontal  
 section.   
 
(a) Voice telephone services  
- for non-public use 
 1) None 
2) None 
3) None except connection to the  
 public telephone network is not   allowed until 31.12.2002. 
4) Unbound except as indicated in the  
 horizontal section.  1) None 
2) None 
3) None 
  
4) Unbound except as indicated in the  
 horizontal section.   
 
(b) Packed-switched data   transmission services 
(c) Circuit-switched data  
 transmission services  1) None 
2) None 
3) None 
4) Unbound except as indicated in the   horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the   horizontal section. 
  
 
(d) Telex services (e) Telegraph services 
 1) Bypass of Romtelecom network is  
 not allowed until  31.12.2002. None  
 as of 01.01.2003. 
2) None 3) Reserved to Romtelecom for   
 exclusive supply until 31.12.2002.  
 None as of 01.01.2003. 4) Unbound except as indicated in the  
 horizontal section. 1) None 
 
 
2) None 3) None 
 
 4) Unbound except as indicated in the  
 horizontal section.  
(f) Facsimile services 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the   horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the   horizontal section. 
  
  
  S/DCS/W/ROM
 Page 7Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(g) Leased circuit services 1)  None as of 01.01.2003 
2) None 
3) None as of 01.01.2003 
4) Unbound except as indicated in the  
 horizontal section. 1) None 
2) None 
3) None 
4) Unbound except as indicated in the   horizontal section. 
  
(h) electronic mail 
 1) None 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  
 1) None 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section   
 
(i) Voice mail  1) None 
2) None 
3) None 
4) Unbound, except as indicated in the   horizontal measures section 
 1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section 
  
 
(j) On-line information and  
 data base retrieval 
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the  
 horizontal measures section 
 1) None 
2) None 
3) None 4) None, only as indicat ed in the horizontal  
 measures section 
  
 
(k) Electronic data interchange   (EDI) 
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the 
 horizontal measures section 
 1) None 
2) None 
3) None 4) None, only as indicat ed in the horizontal  
 measures section 
  
 
(l) Enhanced/value-added   facsimile services 
 1) None 
2) None 
3) None 4) Unbound, except as indicated in the  
 horizontal measures section 
 1) None 
2) None 
3) None 4) None, only as indicat ed in the horizontal  
 measures section 
  
  
 S/DCS/W/ROM 
Page 8 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(m) Code and protocol  
 conversion 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the   horizontal measures section 
 1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section 
  
 
(n) On-line information and/or   data processing (including   transaction processing) 
 1) None 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) None 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section   
 
(o) Other services  - Analog cellular mobile  
 telephony (450 MHz/NMT) 
 1) None except bypass of Romtelecom  
 international public telephone   network is not allowed until  
 31.12.2002. 
2) None 3) None except: 
- exclusive supply reserved to  
 Telefonica Romania until  
 01.04.2002, and 
- wire based   infrastructure reserved to  
 Romtelecom for exclusive supply  
 until 31.12.2002 4) Unbound except as indicated in the  
 horizontal section 1) None 
  
 
2) None 3) None 
 
 
 
  
 
 4) Unbound except as indicated in the  
 horizontal section  
 
- Digital cellular mobile   telephony (900 MHz/GSM) 
 1) None except bypass of Romtelecom  
 international public telephone  
 network is not allowed until  
 31.12.2002. 2) None 
3) None except wire based  
 infrastructure reserved to   Romtelecom for exclusive supply  
 until 31.12.2002 
4) Unbound except as indicated in the   horizontal section. 
 1) None 
 
 
 2) None 
3) None 
  
 
4) Unbound except as indicated in the   horizontal section 
  
  
  S/DCS/W/ROM
 Page 9Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
- Paging services 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the   horizontal section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the   horizontal section 
  
 
- VSAT services for non-  public use  1) None 
2) None 3) None except connection to the  
 public network is not allowed until  
 31.12.2002 4) Unbound except as indicated in the  
 horizontal section 
 1) None 
2) None 3) None 
 
 4) Unbound except as indicated in the  
 horizontal section 
  
 
3. CONSTRUCTION  
 SERVICES 
    
A. General construction work  
 for buildings  (CPC 512) 
 1) Unbound* 
2) None 
3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) Unbound* 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section    
 
B. General Construction  
 Works-Civil Engineering  
 (bridges, roads, etc.)  
 (CPC 513) 
 1) Unbound* 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) Unbound* 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section    
 
C. Installation and Assembly  
 Work, Erection of  
 Prefabricated Construction  
 (CPC 514+516) 
 1) Unbound* 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) Unbound* 
2) None 3) None 
4) None, only as indicat ed in the  horizontal 
 measures section    
 
                                                      
  * Unbound due to lack of technical feasibility. 
  
 S/DCS/W/ROM 
Page 10 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
D. Building Completion and  
 Finishing Work   
 (CPC 517) 
 1) Unbound* 
2) None 
3) None 
4) Unbound, except as indicated in the   horizontal measures section 
 1) Unbound* 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section 
   
 
4. DISTRIBUTION  
 SERVICES  (except, for the subsectors  
 listed below, distribution  
 services for arms,   ammunition,  
 explosives, narcotics and  
 medicines containing   narcotics,  
 tobacco products and paper  
 for   cigarettes, alcohol and  
 spirits 
   
 
A. Commission Agents'  
 Services  
 (CPC 621) 
 1) None 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) None 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section   
 
B. Wholesale Trade Services  
 (CPC 622)  1) None 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) None 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section   
 
 
 
  * Unbound due to lack of technical feasibility. 
  
  S/DCS/W/ROM
 Page 11Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
C. Retailing Services  
 (CPC 631+632) 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the   horizontal measures section 
 1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section 
  
 
6. ENVIRONMENTAL  
 SERVICES     
D. Other Services  
 1) None 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) None 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section   
 
7. FINANCIAL SERVICES   Additional information for transp arency and clarification purposes
: 
 
 Normal prudential measures are applied to financial (insurance,  reinsurance, banking, and secu rities) institutions, with a vie w to protecting the investors, depositors and 
 to ensure the stability of the financial system. 
  The establishment and the activity of insu rance and reinsurance companies are subject to the authorization from the Insurance and Reinsurance Activity surveillance 
 Body. 
  The establishment and the activity of the banking companies are subject to the authorization from the National Bank of Romania .  There are no restrictions for the 
 establishment of a foreign bank in Romania, other than the observance of prudential measures set up by the National Bank of Ro mania. 
  The establishment and the activity of securities market related entities (natural or legal persons, as the case may be) are su bject to an authorization from the National 
 Securities Commission of Romania (NSC). 
  After the establishment of a commercial presence, the financial institutions have to carry out their transactions with residen ts only in the national currency of Romania. 
  
 S/DCS/W/ROM 
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Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
A. All Insurance and  
 Insurance-  
 related Services  
    
(a) Life insurance services 
 (CPC 8121) 1) Unbound 
2) Unbound 
3) The establishment of companies  
 with foreign participation is allowed   only in partnership with Romanian  
 legal or natural persons. 1) Unbound 
2) Unbound 
3) None  
  The representatives of foreign  
 companies and of the associations of  
 foreign insurers have the right to  
 conclude insurance contracts only   with foreign legal and natural  
 persons. 
4) Unbound, except as indicated in the   horizontal section.  
 
 
  
 
4) None, only as indicated  in the horizontal  
 section. 
  
(b) Non-life insurance services  
 (CPC 8129) 1) Unbound 
2) Unbound 
3) The establishment of companies and   intermediation agencies with foreign  
 participation is allowed only in  
 partnership with Romanian legal or   natural persons. 1) Unbound 
2) Unbound 
3) None  
 
  The representatives of foreign  
 insurance companies and of the   associations of foreign insurers have  
 the right to conclude insurance  
 contracts only with foreign legal and   natural persons and for their goods. 
4) Unbound, except as indicated in the  
 horizontal measures section.   
  
 
  
4) None, only as indicat ed in the horizontal  
 section.   
  
  S/DCS/W/ROM
 Page 13Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(c) Reinsurance and  
 retrocession  
 services (CPC 81299) 
 1) None, except that reinsurance on  
 international market is allowed only  
 if the reinsured risk cannot be  
 placed on domestic market. 2) None, except that ceding in  
 reinsurance on international market  
 can be made only if the reinsured   risk cannot be placed on domestic  
 market. 
 1) None 
 
 
 2) None 
 
  
 
  
 
 3) The establishment of companies  
 with foreign participation is allowed  
 only in partnership with Romanian  
 legal or natural persons. 4) Unbound, except as indicated in the  
 horizontal section. 3) None 
 
 
 4) None, only as indicat ed in the horizontal 
 measures section. 
  
(d) Services auxiliary to  
 insurance (including  
 broking and agency   
 services) (CPC 8140) 
 1) Unbound 
2) Unbound 
3) The establishment of companies and  
 intermediation agencies with foreign  
 participation is allowed only in   partnership with Romanian legal or  
 natural persons. 1) Unbound 
2) Unbound 
3) None  
 
  Intermediation agencies are not  
 allowed to conclude insurance  
 contracts for foreign insurance  
 companies with Romanian legal or   natural persons or for their goods. 
  
 
  
  
 S/DCS/W/ROM 
Page 14 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
  The representatives of foreign  
 insurance companies and of the  
 associations of foreign insurers have  
 the right to conclude only the   following types of insurance  
 contracts: 
  (a) insurance and reinsurance contracts with 
legal and natural foreign persons or for 
their goods; 
  
 
 
   
  (b) reinsurance contracts with Romanian 
insurance companies, Insurance-
reinsurance companies and reinsurance companies. 
   
 4) Unbound, except as indicated in the  
 horizontal measures section. 4) None, only as indicated  in the horizontal  
 section. 
  
B. Banking and Other  
 Financial Services  
 (excluding insurance)     
(a) Acceptance of deposits and  
 other reimbursable funds   from the public 
 (CPC 81115-81119) 
 1) None 
2) The opening of accounts and   utilization of foreign currency  
 resources abroad by natural and  
 legal Romanian persons is allowed   only with prior permission from the  
 National Bank of Romania. 
3) None 4) Unbound, except as indicated in the  
 horizontal measures section. 1) None 
2) None  
 
  
 
3) None 4) None, only as indicat ed in the horizontal  
 measures section.  
 
(b) Lending of all types  (CPC 8113) 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the   horizontal measures section. 
 1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section. 
  
  
  S/DCS/W/ROM
 Page 15Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(d) All payments and money  
 transmission services 
 (CPC 81339**) 
 1) Allowed only through a resident  
 bank. 
2) The opening of accounts and  
 utilization of foreign currency   resources abroad by natural and  
 legal Romanian persons is allowed  
 only with prior permission from the   National Bank of Romania. 
3) None 
4) Unbound, except as indicated in the   horizontal measures section. 
 1) None 
2) None 
 
  
 
  
3) None 
4) None, only as indicat ed in the horizontal  
 measures section. 
  
 
(e) Guarantees and   commitments   (CPC 81199**) 
 1) None 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section.  1) None 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section.   
 
(f) Trading for own account or   for account of customers,  
 whether on an exchange, in  
 an over-the-counter market   or otherwise, the following: 
 
- transferable securities  (CPC 81321*) 
 1) Unbound 
2) The opening of accounts and  
 utilization of foreign currency  
 resources abroad by natural and   legal Romanian persons is allowed  
 only with prior permission from the  
 National Bank of Romania.  
 1) Unbound 
2) None 
 
  
 
  
 
  
 
 3) The securities (brokerage) company  
 must be a Romanian legal entity set  
 up as a joint-stock company under   the Romanian law, and having as  
 exclusive business objective the  
 intermediation of securities. 3) None, except that: 
 
- the securities transactions, on the   organized securities markets, by a natural  
 or legal person which is a non-resident of  
 Romania are taxed up to 1.5% of total   value of each buying contract;   
 S/DCS/W/ROM 
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Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
  
 
 
  
4) Unbound, except as indicated in the  
 horizontal measures section. - the repatriation of the invested capital and  
 of the profits shall be made in the same  
 currency in which initial investment was  
 made.  
4) None, only as indicated  in the horizontal 
 measures section.   
(g) Participation in issues of all  
 kinds of securities,  
 including   underwriting and placement  
 as agent (whether publicly  
 or privately) and provision   of services related to such  
 issues  
 (CPC 81322+ 81329) 1) Unbound 
2) Unbound 
3) The securities company must be a   Romanian legal entity set up as a  
 joint-stock company under the  
 Romanian law, and having as its   exclusive business objective the  
 intermediation of securities. 1) Unbound 
2) Unbound 
3) None, except that the repatriation of the   invested capital and of profits shall be  
 made in the same currency in which  
 initial investment was made.  
 
  Any public offer of securities shall  
 require, previous to the publication  
 of its prospectus, the authorization  
 of the National Securities  
 Commission of Romania.  
4) Unbound, except as indicated in the  
 horizontal measures section.   
 
 
 
  
4) None, only as indicat ed in the horizontal  
 measures section.   
 
(h) Money broking 
 (CPC 81339**)  1) None 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section.  1) None 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section.   
  
  S/DCS/W/ROM
 Page 17Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(i) Asset management, such as  
 cash or portfolio  
 management,  
 all forms of collective   investment management,  
 pensions fund management,  
 custodial depository and  trust services: 
 
 1) Unbound 
2) Unbound 
3) None, except that: 
 -  companies performing the listed  
 services (except CPC 81193*) must  
 be established as joint-stock   companies under the Romanian law; 
 1) Unbound 
2) Unbound 
3) None, except that the repatriation of the  
 invested capital and of the profits shall be   made in the same currency in which  
 initial investment was made. 
  
  
 
- portfolio management  (CPC 81323*) 
- closed-end investment trust  
 services (CPC 81191*) - open-ended investment  
 funds  
 services   (CPC 81193*) 
- securities custody services 
 (CPC 81319*) 
 -  the open-ended investment funds  
 must be established under civil  
 Romanian law. 
 4) Unbound, except as indicated in the  
 horizontal measures section. 
  
 
 
 4) None, only as indicat ed in the horizontal  
 measures section.  
(j) Settlement and clearing  
 services for financial assets,  
 including securities, and  
 derivative products, and   other  
 negotiable instruments: 
 applies only to:  
- settlement and clearing  
 services for securities  (CPC 81319**) 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound, except as indicated in the   horizontal measures section. 
 1) Unbound 
2) Unbound 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section. 
 
  
 
(k) Consultancy and other   auxiliary services 
 (CPC 8133) 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the   horizontal measures section. 
 1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section. 
  
  
 S/DCS/W/ROM 
Page 18 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(l) Provision and transfer of  
 financial information, and  
 financial data processing  
 and related software by   providers  
 of other financial services 
 applies only to:  
- securities related services 
 (CPC 8131*)  1) None 
2) None 
3) None 
4) Unbound, except as indicated in the   horizontal measures section. 
 1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section. 
  
 
9. TOURISM AND TRAVEL  
 RELATED SERVICES3 
    
A. Hotels and Restaurants  
 (CPC 641-643) 
 1) Unbound* 
2) None 
3) None 4) Unbound, except as indicated in the  
 horizontal measures section 1) Unbound* 
2) None 
3) None 4) None, only as indicat ed in the horizontal  
 measures section 
   
 
B.& C.  Travel Agencies, Tour  
 Operators and Tourist  
 Guides  
 Services  
 (CPC 7471-7472)  1) None 
2) None 3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) None 
2) None 3) None 
4) None, only as indicat ed in the horizontal  
 measures section   
 
                                                      
 3 Including hotels and restaurants, travel agencies and tour operators, recreational and cultural activities (museums, monuments  and natural reservations). 
 * Unbound due to lack of technical feasibility.  
  S/DCS/W/ROM
 Page 19Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
10. TRANSPORT SERVICES 
    
C. Air Transport Services  
    
(d) Maintenance and repair of  
 aircrafts (CPC 8868) 
 1) Unbound* 
2) None 
3) An authorization from the Romanian  
 Aeronautical Authority is required 4) Unbound, except as indicated in the  
 horizontal measures section 
 1) Unbound* 
2) None 
3) None 
 4) None, only as indicat ed in the horizontal  
 measures section 
   
 
 Sales and marketing  
 services for air transport 
 1) None 
2) None 
3) Unbound 4) Unbound, except as indicated in the  
 horizontal measures section 
 1) None 
2) None 
3) Unbound 4) None, only as indicat ed in the horizontal  
 measures section. 
  
 
 Computer-reservation  
 services 
 1) None 
2) None 
3) None 
4) Unbound, except as indicated in the  
 horizontal measures section  1) None 
2) None 
3) None 
4) None, only as indicat ed in the horizontal  
 measures section   
F. Road Transport Services  
    
(a)&(b) Passenger and freight  
 transportation (CPC 7121,  
 7122, 7123, less cabotage   services) 1) Unbound 
2) None 
3) None 4) Unbound, except as indicated in the  
 horizontal measures section 1) Unbound 
2) None 
3) None 4) None, only as indicat ed in the horizontal  
 measures section  
                                                      
 * Unbound due to lack of technical feasibility. S/DCS/W/ROM 
Page 20  
 
 Annex
 
 
Romania: Additional Commitments on Basic Telecommunications  
 
Scope  
 
The following are definitions and principles on the regulatory framework for the basic telecommunications services.  Definitions
 
 
Users mean service consum ers and service suppliers. 
 Essential facilities
 mean facilities of a public telecommunica tions transport network or service that: 
 
 (a) are exclusively or predominantly provided by a single or limited number of suppliers;  
and; 
  (b) cannot feasibly be economically or technica lly substituted in order to provide a service. 
 A major supplier
  is  a supplier which has the ability to materially  affect  the terms of participation 
(having regard to price and supply)  in  the  releva nt  market  for basic te lecommunications services as a 
result of:   (a) control over esse ntial facilities; or 
 
 (a) use of its position in the market. 
 
1. Competitive safeguards  
 
1.1 Prevention  of anti-competitive  practices in telecommunications
 
 
Appropriate measures shall be ma intained for the purpose of preventing suppliers who, alone or 
together, are a major supplier  from engaging in or continui ng anti-competitive practices. 
 1.2 Safeguards
 
 
 The anti-competitive practices referred to above shall include in particular: 
  (a) engaging in anti-competitive cross-subsidization;   (b) using information obtained from competitors with anti-competitive results; and  
 (c) not making available to ot her services suppliers on a timely basis technical information 
about essential facili ties and commercially relevant info rmation which are necessary for 
them to provide services. 
 
2. Interconnection  
 
2.1 This section applies to linking with supplie rs providing public teleco mmunications transport 
networks or services in order to allow the users of one supplier to communicate with users of another 
supplier and to access services provided by a nother supplier, where sp ecific commitments are 
undertaken.  S/DCS/W/ROM 
 Page 21 
 
 
  
2.2 Interconnection to be ensured  
  Interconnection with a major suppl ier will be ensured at any tec hnically feasible point in the 
network. Such interc onnection is provided: 
 
 (a) under non-discriminatory terms, cond itions (including tec hnical standard and 
specifications) and  rates and of a quality no less favourable than that provided for its 
own  like  services  or  for  like  servic es of non-affiliated servi ce suppliers or for its 
subsidiaries or other affiliates; 
 
 (b) in a timely fashion, on terms, conditions (including technical standards and 
specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and suffi ciently unbundled so that the supplier need not pay for 
network components or facilities that it does not require for the service to be provided;  
and 
  (c) upon  request, at points in addition to th e network termination points offered to the 
majority of users, subject to charges  that reflect the cost of construction of necessary additional facilities. 
 
2.3 Public availability of the procedures for interconnection negotiations
 
 The procedures applicable for in terconnection to a major supplier wi ll be made publicly available. 
 2.4 Transparency of interconnection arrangements
 
 
It is ensured that a major supplier will make publicly available either its interc onnection agreements or a 
reference interconnection offer.  2.5 Interconnection:  dispute settlement
 
 
A service supplier requesting inte rconnection with a major supplie r will have recourse, either: 
  (a) at any time; or   (b) after a reasonable period of time which has been made publicly known to an 
independent domestic body, whic h may be a regulatory body as referred to in paragraph 
5 below, to resolve disputes regarding term s, conditions and rate s for interconnection 
within a reasonable period of time, to the extent that these have not been established 
previously. 
 
3. Universal service  
 
Any Member has the right to define the kind of unive rsal service obligation it wishes to maintain. Such 
obligations will not be rega rded as anti-competitive per se , provided they are administered in a 
transparent, non-discriminatory and competitively neutral manner and are not more burdensome than 
necessary for the kind of universal service defined by the Member. 
 S/DCS/W/ROM 
Page 22  
 
 4. Public availability of licensing criteria  
 
Where a licence is required, the following will be made publicly available:    (a) all the licensing criteria and the period of time normally require d to reach a decision 
concerning an application for a licence and 
  (b) the terms and conditions of individual licences.  The reasons for the denial of a licence will be made known to the applicant upon request. 
 
5. Independent regulators  
 
The regulatory body is separate fr om, and not accountable to, any supplier of basic telecommunications 
services. The decisions of and the procedures used by regulators shall be impartial with respect to all 
market participants. 
 
6. Allocation and use of scarce resources  
 
Any procedures for the allocation and use of scarce resources, including frequencies, numbers 
and rights of way, will be  carried out in an objective, timely, tr ansparent and non-discriminatory manner. 
The current state of allocated frequency bands wi ll be made publicly av ailable, but detailed 
identification of frequencies allocated for specific government  uses is not required. 
  
_______________ 
 
  
  S/DCS/W/ROM
 Page 23ROMANIA – FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS 
 
Sector or Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
11. TRANSPORT 
SERVICES 
 B. Internal  
Waterways 
Transport 
  
  Reserve of the right in direct traffic, for transporting goods 
and/or passengers on the 
ships belonging to the contracting parties to the inland waterways transport agreements   
  Germany, France, Netherlands, Luxembourg, 
and possibly other countries 
in future   
  Indefinite   
  The need for the exemption is linked to the specificity of the 
inland waterways transport 
 
C.  Sales and 
Marketing 
Services for Air 
Transport The right for sales and 
marketing services for air 
transport is granted on a 
reciprocity basis All countries Indefinite The reciprocity requirement is the 
reason for the exemption 
F. Road Transport 
Services Permission for vehicles 
registered in another specified country to transport 
goods and/or passengers in 
accordance with existing and future bilateral road agreements.  Road cabotage is reserved to domestic 
registered vehicles Austria, Albania, Belgium, 
Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, 
Switzerland, Latvia, 
Lithuania, France, Finland, Italy, Iran, Germany, Greece, Luxembourg, Great Britain, Norway, Netherlands, 
Poland, Portugal, Spain,  
Sweden, Slovak Republic, Syria, Slovenia, Turkey, Hungary, and possibly other countries in future Indefinite 
 The need for the exemption is 
linked to the regional specificity of the cross-border provision of 
the road transport services 
__________