# Official Journal L 137/2009

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2009.137.eng |
| --- | --- |
| Official Journal
  of the European Union | L 137 |
| | |
| English edition | Legislation | Volume 523 June 2009 |

ISSN 1725-2555

doi:10.3000/17252555.L_2009.137.eng

Official Journal

of the European Union

L 137

English edition

Legislation

Volume 523 June 2009

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 454/2009 of 2 June 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL |
| | * | Decision No 455/2009/EC of the European Parliament and of the Council of 6 May 2009 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of dichloromethane (
  1
  ) | 3 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

Commission Regulation (EC) No 454/2009 of 2 June 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL

*

Decision No 455/2009/EC of the European Parliament and of the Council of 6 May 2009 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of dichloromethane (
  1
  )

1

3

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Council |
| | | 2009/421/EC |
| | * | Decision No 3/2008 of the EU-Mexico Joint Council of 15 December 2008 amending Joint Council Decision No 2/2001, as amended by Decision No 4/2004 | 7 |
| | | Commission |
| | | 2009/422/EC |
| | * | Commission Decision of 26 May 2009 amending Decision 2003/135/EC as regards the eradication and emergency vaccination plans for classical swine fever in feral pigs in certain areas of Germany
  (notified under document number C(2009) 3953) | 42 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Council

2009/421/EC

*

Decision No 3/2008 of the EU-Mexico Joint Council of 15 December 2008 amending Joint Council Decision No 2/2001, as amended by Decision No 4/2004

7

Commission

2009/422/EC

*

Commission Decision of 26 May 2009 amending Decision 2003/135/EC as regards the eradication and emergency vaccination plans for classical swine fever in feral pigs in certain areas of Germany
  (notified under document number C(2009) 3953)

(notified under document number C(2009) 3953)

42

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

| 3.6.2009 | EN | Official Journal of the European Union | L 137/1 |
| --- | --- | --- | --- |

3.6.2009

EN

Official Journal of the European Union

L 137/1

---

COMMISSION REGULATION (EC) No 454/2009

of 2 June 2009

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 3 June 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 June 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 350, 31.12.2007, p. 1.

2

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ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | IL | 69,6 |
| MA | 79,2 |
| MK | 47,9 |
| TR | 53,3 |
| ZZ | 62,5 |
| 0707 00 05 | JO | 151,2 |
| MK | 23,0 |
| TR | 105,4 |
| ZZ | 93,2 |
| 0709 90 70 | JO | 216,7 |
| TR | 117,5 |
| ZZ | 167,1 |
| 0805 50 10 | AR | 49,5 |
| TR | 53,1 |
| ZA | 46,7 |
| ZZ | 49,8 |
| 0808 10 80 | AR | 77,3 |
| BR | 74,4 |
| CL | 79,6 |
| CN | 91,5 |
| NZ | 106,5 |
| US | 103,9 |
| UY | 71,7 |
| ZA | 84,1 |
| ZZ | 86,1 |
| 0809 10 00 | TR | 108,0 |
| ZZ | 108,0 |
| 0809 20 95 | US | 272,9 |
| ZZ | 272,9 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

69,6

MA

79,2

MK

47,9

TR

53,3

ZZ

62,5

0707 00 05

JO

151,2

MK

23,0

TR

105,4

ZZ

93,2

0709 90 70

JO

216,7

TR

117,5

ZZ

167,1

0805 50 10

AR

49,5

TR

53,1

ZA

46,7

ZZ

49,8

0808 10 80

AR

77,3

BR

74,4

CL

79,6

CN

91,5

NZ

106,5

US

103,9

UY

71,7

ZA

84,1

ZZ

86,1

0809 10 00

TR

108,0

ZZ

108,0

0809 20 95

US

272,9

ZZ

272,9

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

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DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL

| 3.6.2009 | EN | Official Journal of the European Union | L 137/3 |
| --- | --- | --- | --- |

3.6.2009

EN

Official Journal of the European Union

L 137/3

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DECISION No 455/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 6 May 2009

amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of dichloromethane

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | The risks posed to human health by dichloromethane (DCM) in paint strippers have been assessed in several studies (3) which have concluded that risk reduction measures are required throughout the Community to reduce the risks posed to human health during the application of DCM at industrial, professional and consumer levels. The results of those studies have been evaluated by the Commission’s Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE — later renamed the Scientific Committee on Health and Environmental Risks (SCHER)) which has confirmed that exposure to DCM released from paint strippers is of concern for human health. |
| --- | --- |

(1)

The risks posed to human health by dichloromethane (DCM) in paint strippers have been assessed in several studies (3) which have concluded that risk reduction measures are required throughout the Community to reduce the risks posed to human health during the application of DCM at industrial, professional and consumer levels. The results of those studies have been evaluated by the Commission’s Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE — later renamed the Scientific Committee on Health and Environmental Risks (SCHER)) which has confirmed that exposure to DCM released from paint strippers is of concern for human health.

| (2) | In order to achieve a high level of health protection for all use categories (industrial, professional and general public), the marketing and use of paint strippers containing DCM should be restricted. |
| --- | --- |

(2)

In order to achieve a high level of health protection for all use categories (industrial, professional and general public), the marketing and use of paint strippers containing DCM should be restricted.

| (3) | Paint strippers containing DCM are used by members of the general public at home to remove paints, varnishes and lacquers both indoors and outdoors. The safe use of DCM by them cannot be ensured by training or monitoring. Therefore, the only measure effective in eliminating the risks arising for the general public from paint strippers containing DCM is a ban, with respect to the general public, on the marketing, supply and use of such paint strippers. |
| --- | --- |

(3)

Paint strippers containing DCM are used by members of the general public at home to remove paints, varnishes and lacquers both indoors and outdoors. The safe use of DCM by them cannot be ensured by training or monitoring. Therefore, the only measure effective in eliminating the risks arising for the general public from paint strippers containing DCM is a ban, with respect to the general public, on the marketing, supply and use of such paint strippers.

| (4) | In order to ensure a proportionate enforceability of the phase-out along the supply chain of paint strippers containing DCM, different dates to prohibit the first placing on the market and the final supply to the general public and professionals should be fixed. |
| --- | --- |

(4)

In order to ensure a proportionate enforceability of the phase-out along the supply chain of paint strippers containing DCM, different dates to prohibit the first placing on the market and the final supply to the general public and professionals should be fixed.

| (5) | As the general public may have, despite the ban, access to paint strippers containing DCM through the distribution chain intended for industrial and professional users, a warning phrase should be included on the product. |
| --- | --- |

(5)

As the general public may have, despite the ban, access to paint strippers containing DCM through the distribution chain intended for industrial and professional users, a warning phrase should be included on the product.

| (6) | The fatalities registered in Europe for industrial and professional uses over the last 18 years are mainly attributed to inadequate ventilation, inappropriate personal protective equipment, the use of inadequate tanks and overexposure to DCM. Therefore restrictions should be imposed to control and reduce the risks involved in industrial and professional uses. |
| --- | --- |

(6)

The fatalities registered in Europe for industrial and professional uses over the last 18 years are mainly attributed to inadequate ventilation, inappropriate personal protective equipment, the use of inadequate tanks and overexposure to DCM. Therefore restrictions should be imposed to control and reduce the risks involved in industrial and professional uses.

| (7) | Professionals are generally covered by worker protection legislation. However, many professional activities are often conducted on customers’ premises which often do not have all the appropriate measures to manage, control and reduce the risks to health. Moreover, self-employed workers are not covered by Community worker protection legislation and they would need adequate training before removing paint with paint strippers containing DCM. |
| --- | --- |

(7)

Professionals are generally covered by worker protection legislation. However, many professional activities are often conducted on customers’ premises which often do not have all the appropriate measures to manage, control and reduce the risks to health. Moreover, self-employed workers are not covered by Community worker protection legislation and they would need adequate training before removing paint with paint strippers containing DCM.

| (8) | The placing on the market of paint strippers containing DCM and their use by professionals should therefore be banned in order to protect their health and to reduce the number of fatalities and non-fatal accidents. Nevertheless, where the replacement of DCM is deemed to be particularly difficult or inappropriate, Member States should be able to allow further use of DCM by approved professionals. Member States should be responsible for granting and monitoring such a derogation, which should be based on compulsory training with specific requirements. However, employers and self-employed workers should by preference avoid the use of DCM by replacing it with a chemical agent or process which, under its conditions of use, presents no risk, or a lower risk, to the health and safety of workers. |
| --- | --- |

(8)

The placing on the market of paint strippers containing DCM and their use by professionals should therefore be banned in order to protect their health and to reduce the number of fatalities and non-fatal accidents. Nevertheless, where the replacement of DCM is deemed to be particularly difficult or inappropriate, Member States should be able to allow further use of DCM by approved professionals. Member States should be responsible for granting and monitoring such a derogation, which should be based on compulsory training with specific requirements. However, employers and self-employed workers should by preference avoid the use of DCM by replacing it with a chemical agent or process which, under its conditions of use, presents no risk, or a lower risk, to the health and safety of workers.

| (9) | The number of fatalities and non-fatal accidents registered during industrial activities is an indication of inadequate compliance with workplace legislation applicable to workers using DCM. Exposure to DCM remains high and further risk reduction measures should apply to workers in industrial installations. Preventive measures to minimise exposure and to ensure compliance, where technically possible, with relevant occupational exposure limits should be adopted, such as effective ventilation of the workplace, measures to minimise evaporation of DCM from strip tanks, measures for the safe handling of DCM in strip tanks, appropriate personal protective equipment and adequate information and training. |
| --- | --- |

(9)

The number of fatalities and non-fatal accidents registered during industrial activities is an indication of inadequate compliance with workplace legislation applicable to workers using DCM. Exposure to DCM remains high and further risk reduction measures should apply to workers in industrial installations. Preventive measures to minimise exposure and to ensure compliance, where technically possible, with relevant occupational exposure limits should be adopted, such as effective ventilation of the workplace, measures to minimise evaporation of DCM from strip tanks, measures for the safe handling of DCM in strip tanks, appropriate personal protective equipment and adequate information and training.

| (10) | Personal protective equipment should comply with Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (4). |
| --- | --- |

(10)

Personal protective equipment should comply with Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (4).

| (11) | Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (5) should therefore be amended accordingly. |
| --- | --- |

(11)

Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (5) should therefore be amended accordingly.

| (12) | This Decision is without prejudice to the Community legislation laying down minimum requirements for the protection of workers, such as Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (6) and individual Directives based thereon, in particular Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version) (7) and Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (8), |
| --- | --- |

(12)

This Decision is without prejudice to the Community legislation laying down minimum requirements for the protection of workers, such as Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (6) and individual Directives based thereon, in particular Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version) (7) and Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (8),

HAVE ADOPTED THIS DECISION:

Article 1

Annex I to Directive 76/769/EEC is hereby amended in accordance with the Annex to this Decision.

Article 2

This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at Strasbourg, 6 May 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

J. KOHOUT

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(1)  
  OJ C 77, 31.3.2009, p. 29.

1

(2)  Opinion of the European Parliament of 14 January 2009 (not yet published in the Official Journal) and Council Decision of 23 April 2009.

2

(3)  Methylene chloride: Advantages and drawbacks of possible market restrictions in the EU. TNO-STB study finalised in November 1999, http://ec.europa.eu/enterprise/chemicals/studies_en.htm; Effectiveness of vapour retardants in reducing risks to human health from paint strippers containing dichloromethane by ETVAREAD expert group. Final report published in April 2004, http://ec.europa.eu/enterprise/chemicals/studies_en.htm; Impact assessment of potential restrictions on the marketing and use of dichloromethane in paint stripper. RPA study finalised in April 2007, http://ec.europa.eu/enterprise/chemicals/studies_en.htm

3

(4)  
  OJ L 399, 30.12.1989, p. 18.

4

(5)  
  OJ L 262, 27.9.1976, p. 201.

5

(6)  
  OJ L 183, 29.6.1989, p. 1.

6

(7)  
  OJ L 158, 30.4.2004, p. 50.

7

(8)  
  OJ L 131, 5.5.1998, p. 11.

8

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ANNEX

In Annex I to Directive 76/769/EEC, the following entry is added:

| ‘(58)
  Dichloromethane
  CAS No: 75-09-2
  EC No: 200-838-9 | (1) | Paint strippers containing dichloromethane in a concentration equal to or greater than 0,1 % by weight shall not be:






  (a) | placed on the market for the first time for supply to the general public or to professionals after 6 December 2010; |
| --- | --- | --- | --- |

‘(58)

Dichloromethane

CAS No: 75-09-2

EC No: 200-838-9

(1)

Paint strippers containing dichloromethane in a concentration equal to or greater than 0,1 % by weight shall not be:

(a)

placed on the market for the first time for supply to the general public or to professionals after 6 December 2010;

| (b) | placed on the market for supply to the general public or to professionals after 6 December 2011; |
| --- | --- |

(b)

placed on the market for supply to the general public or to professionals after 6 December 2011;

| (c) | used by professionals after 6 June 2012. |
| --- | --- |

(c)

used by professionals after 6 June 2012.

For the purposes of this entry:

| (i) | “professional” means any natural or legal person, including workers and self-employed workers undertaking paint stripping in the course of their professional activity outside an industrial installation; |
| --- | --- |

(i)

“professional” means any natural or legal person, including workers and self-employed workers undertaking paint stripping in the course of their professional activity outside an industrial installation;

| (ii) | “industrial installation” means a facility used for paint stripping activities. |
| --- | --- |

(ii)

“industrial installation” means a facility used for paint stripping activities.

| (2) | By way of derogation from paragraph 1, Member States may allow on their territories and for certain activities the use, by specifically trained professionals, of paint strippers containing dichloromethane and may allow the placing on the market of such paint strippers for supply to those professionals.
  Member States making use of this derogation shall define appropriate provisions for the protection of the health and safety of those professionals using paint strippers containing dichloromethane and shall inform the Commission thereof.
  Those provisions shall include a requirement that a professional shall hold a certificate that is accepted by the Member State in which that professional operates, or provide other documentary evidence to that effect, or be otherwise approved by that Member State, so as to demonstrate proper training and competence to safely use paint strippers containing dichloromethane.
  The Commission shall prepare a list of the Member States that have made use of the derogation in this paragraph and make it publicly available over the Internet. |
| --- | --- |

(2)

By way of derogation from paragraph 1, Member States may allow on their territories and for certain activities the use, by specifically trained professionals, of paint strippers containing dichloromethane and may allow the placing on the market of such paint strippers for supply to those professionals.

Member States making use of this derogation shall define appropriate provisions for the protection of the health and safety of those professionals using paint strippers containing dichloromethane and shall inform the Commission thereof.

Those provisions shall include a requirement that a professional shall hold a certificate that is accepted by the Member State in which that professional operates, or provide other documentary evidence to that effect, or be otherwise approved by that Member State, so as to demonstrate proper training and competence to safely use paint strippers containing dichloromethane.

The Commission shall prepare a list of the Member States that have made use of the derogation in this paragraph and make it publicly available over the Internet.

| (3) | A professional benefiting from the derogation referred to in paragraph 2 shall operate only in Member States which have made use of that derogation.
  The training referred to in paragraph 2 shall cover as a minimum:






  (a) | awareness, evaluation and management of risks to health, including information on existing substitutes or processes, which under their conditions of use are less hazardous to the health and safety of workers; |
| --- | --- | --- |

(3)

A professional benefiting from the derogation referred to in paragraph 2 shall operate only in Member States which have made use of that derogation.

The training referred to in paragraph 2 shall cover as a minimum:

(a)

awareness, evaluation and management of risks to health, including information on existing substitutes or processes, which under their conditions of use are less hazardous to the health and safety of workers;

| (b) | use of adequate ventilation; |
| --- | --- |

(b)

use of adequate ventilation;

| (c) | use of appropriate personal protective equipment that complies with Directive 89/686/EEC. |
| --- | --- |

(c)

use of appropriate personal protective equipment that complies with Directive 89/686/EEC.

Employers and self-employed workers shall by preference replace dichloromethane with a chemical agent or process which, under its conditions of use, presents no risk, or a lower risk, to the health and safety of workers.

The professional shall apply all relevant safety measures in practice, including the use of personal protective equipment.

| (4) | Without prejudice to other Community worker protection legislation, paint strippers containing dichloromethane in concentrations equal to or greater than 0,1 % by weight may be used in industrial installations only if as a minimum the following conditions are met:






  (a) | effective ventilation in all processing areas, in particular for the wet processing and the drying of stripped articles: local exhaust ventilation at strip tanks supplemented by forced ventilation in those areas, so as to minimise exposure and to ensure compliance, where technically feasible, with relevant occupational exposure limits; |
| --- | --- | --- |

(4)

Without prejudice to other Community worker protection legislation, paint strippers containing dichloromethane in concentrations equal to or greater than 0,1 % by weight may be used in industrial installations only if as a minimum the following conditions are met:

(a)

effective ventilation in all processing areas, in particular for the wet processing and the drying of stripped articles: local exhaust ventilation at strip tanks supplemented by forced ventilation in those areas, so as to minimise exposure and to ensure compliance, where technically feasible, with relevant occupational exposure limits;

| (b) | measures to minimise evaporation from strip tanks comprising: lids for covering strip tanks except during loading and unloading; suitable loading and unloading arrangements for strip tanks; and wash tanks with water or brine to remove excess solvent after unloading; |
| --- | --- |

(b)

measures to minimise evaporation from strip tanks comprising: lids for covering strip tanks except during loading and unloading; suitable loading and unloading arrangements for strip tanks; and wash tanks with water or brine to remove excess solvent after unloading;

| (c) | measures for the safe handling of dichloromethane in strip tanks comprising: pumps and pipework for transferring paint stripper to and from strip tanks; and suitable arrangements for safe cleaning of tanks and removal of sludge; |
| --- | --- |

(c)

measures for the safe handling of dichloromethane in strip tanks comprising: pumps and pipework for transferring paint stripper to and from strip tanks; and suitable arrangements for safe cleaning of tanks and removal of sludge;

| (d) | personal protective equipment that complies with Directive 89/686/EEC comprising: suitable protective gloves, safety goggles and protective clothing; and appropriate respiratory protective equipment where compliance with relevant occupational exposure limits cannot be otherwise achieved; |
| --- | --- |

(d)

personal protective equipment that complies with Directive 89/686/EEC comprising: suitable protective gloves, safety goggles and protective clothing; and appropriate respiratory protective equipment where compliance with relevant occupational exposure limits cannot be otherwise achieved;

| (e) | adequate information, instruction and training for operators in the use of such equipment. |
| --- | --- |

(e)

adequate information, instruction and training for operators in the use of such equipment.

| (5) | Without prejudice to other Community provisions concerning the classification, labelling and packaging of substances and mixtures, by 6 December 2011 paint strippers containing dichloromethane in a concentration equal to or greater than 0,1 % by weight shall be visibly, legibly and indelibly marked as follows:
  “Restricted to industrial use and to professionals approved in certain EU Member States – verify where use is allowed.”’ |
| --- | --- |

(5)

Without prejudice to other Community provisions concerning the classification, labelling and packaging of substances and mixtures, by 6 December 2011 paint strippers containing dichloromethane in a concentration equal to or greater than 0,1 % by weight shall be visibly, legibly and indelibly marked as follows:

“Restricted to industrial use and to professionals approved in certain EU Member States – verify where use is allowed.”’

---

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Council

| 3.6.2009 | EN | Official Journal of the European Union | L 137/7 |
| --- | --- | --- | --- |

3.6.2009

EN

Official Journal of the European Union

L 137/7

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DECISION No 3/2008 OF THE EU-MEXICO JOINT COUNCIL

of 15 December 2008

amending Joint Council Decision No 2/2001, as amended by Decision No 4/2004

(2009/421/EC)

THE JOINT COUNCIL,

Having regard to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, (hereinafter ‘the Agreement’) signed in Brussels on 8 December 1997 (1), and in particular Article 6 in conjunction with Article 47 thereof,

Whereas:

| (1) | Following the accession to the European Union of the Republic of Bulgaria and Romania (hereinafter the ‘new Member States’) as of 1 January 2007, a Second Additional Protocol to the Agreement was signed in Mexico on 29 November 2006 and entered into force on 1 March 2007 (*1). |
| --- | --- |

(1)

Following the accession to the European Union of the Republic of Bulgaria and Romania (hereinafter the ‘new Member States’) as of 1 January 2007, a Second Additional Protocol to the Agreement was signed in Mexico on 29 November 2006 and entered into force on 1 March 2007 (*1).

| (2) | In these circumstances, it is necessary to adapt, with effect from the date on which the new Member States acceded to the Agreement, Annex I to Joint Council Decision No 2/2001 of 27 February 2001, as amended by Joint Council Decision No 4/2004 of 18 May 2005, in order to include the authorities responsible for financial services in the new Member States and the measures inconsistent with Articles 12 to 16 of Decision No 2/2001 that they will maintain until Article 17(3) thereof is implemented. This adaptation also provides an opportunity for updating the list of authorities responsible for financial services, established in Annex II to Joint Council Decision No 2/2001 of 27 February 2001, as amended by Joint Council Decision No 4/2004 of 18 May 2005, |
| --- | --- |

(2)

In these circumstances, it is necessary to adapt, with effect from the date on which the new Member States acceded to the Agreement, Annex I to Joint Council Decision No 2/2001 of 27 February 2001, as amended by Joint Council Decision No 4/2004 of 18 May 2005, in order to include the authorities responsible for financial services in the new Member States and the measures inconsistent with Articles 12 to 16 of Decision No 2/2001 that they will maintain until Article 17(3) thereof is implemented. This adaptation also provides an opportunity for updating the list of authorities responsible for financial services, established in Annex II to Joint Council Decision No 2/2001 of 27 February 2001, as amended by Joint Council Decision No 4/2004 of 18 May 2005,

HAS DECIDED AS FOLLOWS:

Article 1

Annex I, part A, to Joint Council Decision No 2/2001 of 27 February 2001, as amended by Joint Council Decision No 4/2004 of 18 May 2005, shall be replaced by the text set out in Annex I to this Decision.

Article 2

Annex II, part A and part B, to Joint Council Decision No 2/2001, as amended by Decision No 4/2004, shall be replaced by the text set out in Annex II to this Decision.

Article 3

This Decision shall enter into force on the date on which it is adopted. It shall apply from the date on which the new Member States acceded to the Agreement.

Done at Brussels, 15 December 2008.

For the Joint Council

The President

P. ESPINOSA CANTELLANO

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(1)  
  OJ L 276, 28.10.2000, p. 45.

1

(*1)  To clarify this point, the Second Additional Protocol was signed by the Parties in Brussels on 21 February 2007, following the official initialling of the text in Mexico City on 29 November 2006. It was applied as from 1 March 2007 and entered into force on 1 March 2008 on completion of the necessary internal procedures by the Parties.

*1

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ANNEX I

‘ANNEX I

PART A

COMMUNITY AND ITS MEMBER STATES

| 1. | The application of Chapter III to the Community and its Member States is subject to the limitations on market access and national treatment scheduled by the European Communities and their Member States in the “all sectors” sections of their GATS schedules and to those relating to the sub-sectors listed below. |
| --- | --- |

1.

| 2. | The following abbreviations are used to indicate the Member States:






  AT | Austria |
| --- | --- | --- |
| BE | Belgium |
| BG | Bulgaria |
| CY | Cyprus |
| CZ | Czech Republic |
| DE | Germany |
| DK | Denmark |
| ES | Spain |
| EE | Estonia |
| FI | Finland |
| FR | France |
| EL | Greece |
| HU | Hungary |
| IE | Ireland |
| IT | Italy |
| LV | Latvia |
| LT | Lithuania |
| LU | Luxembourg |
| MT | Malta |
| NL | The Netherlands |
| PL | Poland |
| PT | Portugal |
| RO | Romania |
| SK | Slovak Republic |
| SI | Slovenia |
| SE | Sweden |
| UK | United Kingdom |

2.

AT

Austria

BE

Belgium

BG

Bulgaria

CY

Cyprus

CZ

Czech Republic

DE

Germany

DK

Denmark

ES

Spain

EE

Estonia

FI

Finland

FR

France

EL

Greece

HU

Hungary

IE

Ireland

IT

Italy

LV

Latvia

LT

Lithuania

LU

Luxembourg

MT

Malta

NL

The Netherlands

PL

Poland

PT

Portugal

RO

Romania

SK

Slovak Republic

SI

Slovenia

SE

Sweden

UK

United Kingdom

| 3. | The market access commitments in respect of modes (1) and (2) apply only to:






  — | the transactions indicated in paragraphs B.3 and B.4 of the market access section of the “Understanding on Commitments in Financial Services” respectively for all Member States, |
| --- | --- | --- |

3.

—

the transactions indicated in paragraphs B.3 and B.4 of the market access section of the “Understanding on Commitments in Financial Services” respectively for all Member States,

| — | the transactions specified here below, with reference to the definitions of Article 11, for each Member State concerned:

  BG: A.1.(a) (life insurance) and the remaining part of A.1.(b) (non-life non-MAT – marine, aviation, and other transport – insurance) in modes (1) and (2);

  CY: A.1.(a) (life insurance) and the remaining part of A.1.(b) (non-life non-MAT – marine, aviation, and other transport – insurance) in mode (2), B.6.(e) (trading of transferable securities) in mode (1);

  EE: A.1.(a) (life insurance), the remaining part of A.1.(b) (non-life non-MAT insurance) and the remaining part of A.3. (non-MAT insurance intermediation) in modes (1) and (2), B.1. to B.10. (acceptance of deposits, lending of all types, financial leasing, all payment and money transmission services, guarantees and commitments, trading of securities, participation in issues of all kinds of securities, money broking, asset management, and settlement and clearing services for financial assets) in mode (1);

  LV: A.1.(a) (life insurance), the remaining part of A.1.(b) (non-life non-MAT insurance) and the remaining part of A.3. (non-MAT insurance intermediation) in mode (2), B.7. (participation in issues of all kinds of securities) in mode (1);

  LT: A.1.(a) (life insurance), the remaining part of A.1.(b) (non-life non-MAT insurance) and the remaining part of A.3. (non-MAT insurance intermediation) in mode (2), B.1. to B.10. (acceptance of deposits, lending of all types, financial leasing, all payment and money transmission services, guarantees and commitments, trading of securities, participation in issues of all kinds of securities, money broking, asset management, and settlement and clearing services for financial assets) in mode (1);

  MT: A.1.(a) (life insurance) and the remaining part of A.1.(b) (non-life non-MAT insurance) in mode (2), B.1. and B.2. (acceptance of deposits and lending of all types) in mode (1);

  RO: B.1. (acceptance of deposits) B.2. (lending of all types), B.4 (all payment and money transmission services) B.5. (guarantees and commitments) and B.8 (money broking) in mode (1);

  SI: B.1. to B.10. (acceptance of deposits, lending of all types, financial leasing, all payment and money transmission services, guarantees and commitments, trading of securities, participation in issues of all kinds of securities, money broking, asset management, and settlement and clearing services for financial assets) in mode (1). |
| --- | --- |

—

the transactions specified here below, with reference to the definitions of Article 11, for each Member State concerned:

BG: A.1.(a) (life insurance) and the remaining part of A.1.(b) (non-life non-MAT – marine, aviation, and other transport – insurance) in modes (1) and (2);

CY: A.1.(a) (life insurance) and the remaining part of A.1.(b) (non-life non-MAT – marine, aviation, and other transport – insurance) in mode (2), B.6.(e) (trading of transferable securities) in mode (1);

EE: A.1.(a) (life insurance), the remaining part of A.1.(b) (non-life non-MAT insurance) and the remaining part of A.3. (non-MAT insurance intermediation) in modes (1) and (2), B.1. to B.10. (acceptance of deposits, lending of all types, financial leasing, all payment and money transmission services, guarantees and commitments, trading of securities, participation in issues of all kinds of securities, money broking, asset management, and settlement and clearing services for financial assets) in mode (1);

LV: A.1.(a) (life insurance), the remaining part of A.1.(b) (non-life non-MAT insurance) and the remaining part of A.3. (non-MAT insurance intermediation) in mode (2), B.7. (participation in issues of all kinds of securities) in mode (1);

LT: A.1.(a) (life insurance), the remaining part of A.1.(b) (non-life non-MAT insurance) and the remaining part of A.3. (non-MAT insurance intermediation) in mode (2), B.1. to B.10. (acceptance of deposits, lending of all types, financial leasing, all payment and money transmission services, guarantees and commitments, trading of securities, participation in issues of all kinds of securities, money broking, asset management, and settlement and clearing services for financial assets) in mode (1);

MT: A.1.(a) (life insurance) and the remaining part of A.1.(b) (non-life non-MAT insurance) in mode (2), B.1. and B.2. (acceptance of deposits and lending of all types) in mode (1);

RO: B.1. (acceptance of deposits) B.2. (lending of all types), B.4 (all payment and money transmission services) B.5. (guarantees and commitments) and B.8 (money broking) in mode (1);

SI: B.1. to B.10. (acceptance of deposits, lending of all types, financial leasing, all payment and money transmission services, guarantees and commitments, trading of securities, participation in issues of all kinds of securities, money broking, asset management, and settlement and clearing services for financial assets) in mode (1).

| 4. | Unlike foreign subsidiaries, branches established directly in a Member State by a Mexican financial institution are not, with certain limited exceptions, subject to prudential regulations harmonised at Community level which enable such subsidiaries to benefit from enhanced facilities to set up new establishments and to provide cross-border services throughout the Community. Therefore, such branches receive an authorisation to operate in the territory of a Member State under conditions equivalent to those applied to domestic financial institutions of that Member State, and may be required to satisfy a number of specific prudential requirements such as, in the case of banking and securities, separate capitalisation and other solvency requirements and reporting and publication of accounts requirements or, in the case of insurance, specific guarantee and deposit requirements, a separate capitalisation, and the localisation in the Member State concerned of the assets representing the technical reserves and at least one third of the solvency margin. Member States may apply the restrictions indicated in this schedule only with regard to the direct establishment from a Mexican of a commercial presence or to the provision of cross-border services from Mexico; consequently, a Member State may not apply these restrictions, including those concerning establishment, to Mexican subsidiaries established in other Member States of the Community, unless these restrictions can also be applied to companies or nationals of other Member States in conformity with Community Law. |
| --- | --- |

4.

| 5. | BG: The admission to the market of new financial services or products may be subject to the existence of, and consistency with, a regulatory framework aimed at achieving the objectives indicated in Article 19 of Decision No 2/2001 of the EU-Mexico Joint Council. |
| --- | --- |

5.

| 6. | BG: Insurance or banking activities, as well as securities trading and activities related thereto, are to be carried out separately by companies that are licensed for the supply of such services. |
| --- | --- |

6.

| 7. | BG: As a general rule and in a non-discriminatory manner, financial institutions that incorporate in the Republic of Bulgaria must adopt the legal form of joint-stock companies |
| --- | --- |

7.

| 8. | CY: The following general conditions and qualifications would apply even where no limitations or conditions are stated in the schedule:






  (i) | consideration of national security and public policy objectives; |
| --- | --- | --- |

8.

(i)

consideration of national security and public policy objectives;

| (ii) | this schedule does not in any way pertain to services supplied in the exercise of government functions. Also, it does not affect measures pertaining to trade in goods which may constitute inputs to a scheduled service or other services. In addition, limitations on market access or national treatment in respect of services which may constitute inputs to or be used to supply a scheduled service, shall continue to apply. |
| --- | --- |

(ii)

this schedule does not in any way pertain to services supplied in the exercise of government functions. Also, it does not affect measures pertaining to trade in goods which may constitute inputs to a scheduled service or other services. In addition, limitations on market access or national treatment in respect of services which may constitute inputs to or be used to supply a scheduled service, shall continue to apply.

| 9. | CY: The laws and regulations mentioned in this schedule should not be construed as an exhaustive reference to all laws, and regulations governing the financial sector. The transfer, for example, of information containing personal data, bank secret or any business secret is not allowed. Such transfer is subject to domestic laws on protection of confidentiality of information of banks’ customers. Furthermore, it is noted that non-discriminatory qualitative measures pertaining to technical standards, public health and environmental considerations, licensing, prudential consideration, professional qualifications and competency requirements have not been listed as conditions or limitations to market access and national treatment. |
| --- | --- |

9.

| 10. | CY: Unregulated financial services and products and the admission to the market of new financial services or products, may be subject to the existence or the introduction of a regulatory framework aimed at achieving the objectives indicated in Article 19 of Decision No 2/2001 of the EU-Mexico Joint Council. |
| --- | --- |

10.

| 11. | CY: Due to exchange controls operative in Cyprus:






  — | residents are not permitted to purchase banking services which may involve transfer of funds abroad, while they are physically abroad, |
| --- | --- | --- |

11.

—

residents are not permitted to purchase banking services which may involve transfer of funds abroad, while they are physically abroad,

| — | loans to non-residents/foreigners or non-resident controlled companies require approval from the Central Bank, |
| --- | --- |

—

loans to non-residents/foreigners or non-resident controlled companies require approval from the Central Bank,

| — | acquisition of securities by non-residents also requires permission from the Central Bank, |
| --- | --- |

—

acquisition of securities by non-residents also requires permission from the Central Bank,

| — | dealings in foreign currency may be carried out only through banks which have been accorded “Authorised Dealer” status from the Central Bank. |
| --- | --- |

—

dealings in foreign currency may be carried out only through banks which have been accorded “Authorised Dealer” status from the Central Bank.

| 12. | CZ: The admission to the market of new financial services and instruments may be subject to the existence of, and consistency with the domestic regulatory framework aimed at achieving the objectives indicated in Article 19 of Decision No 2/2001 of the EU-Mexico Joint Council. |
| --- | --- |

12.

| 13. | CZ: As a general rule and in a non-discriminatory manner, financial institutions incorporated in the Czech Republic must adopt a specific legal form. |
| --- | --- |

13.

| 14. | CZ: Compulsory motor third party liability insurance is provided by an exclusive supplier. When monopoly rights concerning compulsory motor third party liability are removed, providing this service will be open on a non-discriminatory basis to Czech established service providers. Compulsory health insurance is provided by licensed Czech owned suppliers only. |
| --- | --- |

14.

| 15. | EE: Compulsory social security services are not committed. |
| --- | --- |

15.

| 16. | HU: The admission to the market of new financial services or products may be subject to the existence of, and consistency with, a regulatory framework aimed at achieving the objectives indicated in Article 19 of Decision No 2/2001 of the EU-Mexico Joint Council. |
| --- | --- |

16.

| 17. | HU: The transfer of information containing personal data, bank secret, securities secret and/or business secret is not allowed. |
| --- | --- |

17.

| 18. | HU: As a general rule and in a non-discriminatory manner, financial institutions incorporated in Hungary must adopt a specific legal form. |
| --- | --- |

18.

| 19. | HU: Insurance, banking, securities and collective investment management services should be performed by legally separate and independently capitalised suppliers of financial services. |
| --- | --- |

19.

| 20. | MT: For mode (3) commitments, under exchange control legislation non-residents wishing to supply any services through the registration of a local company may do so with the prior permission of the Central Bank of Malta. Companies with the participation of non-resident legal or natural persons require a minimum share capital of MTL (Maltese liri) 10 000 of which 50 % has to be paid up. The non-resident percentage 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. |
| --- | --- |

20.

| 21. | MT: For mode (4) commitments, the requirements of Maltese legislation and regulations regarding entry, stay, acquisition of real property, work and social security measures shall continue to apply, including regulations concerning period of stay, minimum wages as well as collective wage agreements. Entry, work and residence permits are granted at the discretion of the Government of Malta. |
| --- | --- |

21.

| 22. | MT: For modes (1) and (2) commitments, exchange control legislation allows a resident to transfer abroad annually for portfolio investment up to MTL 5 000. Amounts in excess of MTL 5 000 are subject to exchange control permission. |
| --- | --- |

22.

| 23. | MT: Residents may borrow from overseas without the need to obtain exchange control approval if the borrowing is for a period exceeding three years. Such borrowings have however to be registered with the Central Bank. |
| --- | --- |

23.

| 24. | PL: Prudential regulations in the financial sector are being elaborated in Poland. They may require alteration of the presently existing rules as well as preparation of the new laws. |
| --- | --- |

24.

| 25. | RO: The establishment and the activity of insurance and reinsurance companies are subject to the authorisation from the Insurance and Reinsurance Activity surveillance body. The establishment and the activity of the banking companies are subject to the authorisation from the National Bank of Romania. The establishment and the activity of securities market related entities (natural or legal persons, as the case may be) are subject to an authorisation 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 residents only in the national currency of Romania. |
| --- | --- |

25.

| 26. | SK: The admission to the market of new financial services and instruments may be subject to the existence of, and consistency with the domestic regulatory framework aimed at achieving the objectives indicated in Article 19 of Decision No 2/2001 of the EU-Mexico Joint Council. |
| --- | --- |

26.

| 27. | SK: The following insurance services are provided by exclusive suppliers: compulsory motor third party liability insurance, compulsory air transport insurance, the liability insurance of employer against injury or occupational disease have to be effected through the Slovak Insurance Company. The basic health insurance is confined to the Slovak health insurance companies having a licence for provision of health insurance granted by the Ministry of Healthcare of the Slovak Republic according to the Act 273/1994 Coll. of Law. Fund pension insurance schemes and sickness insurance are confined to the Social Insurance Company. |
| --- | --- |

27.

| 28. | SI: The admission to the market of new financial services or products may be subject to the existence of, and consistency with, a regulatory framework aimed at achieving the objectives indicated in Article 19 of Decision No 2/2001 of the EU-Mexico Joint Council. |
| --- | --- |

28.

| 29. | SI: As a general rule and in a non-discriminatory manner, financial institutions incorporated in the Republic of Slovenia must adopt a specific legal form. |
| --- | --- |

29.

| 30. | SI: Insurance and banking activities should be performed by legally separate suppliers of financial services. |
| --- | --- |

30.

| 31. | SI: Investment services can be provided only through banks and investment firms.













  A. | Insurance and Insurance-Related Services |
| --- | --- | --- |

31.

A.

| 1) | Cross border supply |
| --- | --- |

1)

AT: Promotional activity and intermediation on behalf of a subsidiary not established in the Community or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited.

AT: Compulsory air insurance can be underwritten only by a subsidiary established in the Community or by a branch established in Austria.

AT: Higher premium tax is due for insurance contracts (except for contracts on reinsurance and retrocession) which are written by a subsidiary not established in the Community or by a branch not established in Austria. Exception from the higher tax can be granted.

BG: Subsector A.1. (direct insurance). Unbound, except for services supplied by foreign suppliers to foreign persons in the territory of the Republic of Bulgaria. Transport insurance, covering goods, insurance of vehicles as such and liability insurance regarding risks located in the Republic of Bulgaria may not be underwritten by foreign insurance companies directly. A foreign insurance company may conclude insurance contracts only through a branch. Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes. Unbound for National Treatment.

BG: Subsector A.2. (reinsurance and retrocession). Unbound for retrocession services

BG: Subsectors A.3. and A.4. (insurance intermediation and services auxiliary to insurance): Unbound.

CY: Any foreign reinsurer approved by the Superintendent of Insurance (on prudential criteria) may offer reinsurance or retrocession services to insurance companies incorporated and licensed in Cyprus.

CY: Subsectors A.3. and A.4. (insurance intermediation and services auxiliary to insurance): Unbound.

CZ: None other than:

Foreign financial services suppliers may establish an insurance company with the seat in the Czech Republic in the form of a joint stock company or may exercise insurance activity through their branches with registered office in the Czech Republic under the conditions established in the Insurance Industry Act.

Commercial presence and authorisation is required for the provider of insurance services:

to provide such services including reinsurance, and,

to conclude intermediation contract with an intermediary aimed at the conclusion of insurance contract between the provider of insurance services and third party.

Authorisation is required for the intermediary in case of its intermediation activity to be exercised for a branch with registered office in the Czech Republic.

DK: Compulsory air transport insurance can be underwritten only by firms established in the Community.

DK: No persons or companies (including insurance companies) may for business purposes in Denmark assist in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed by Danish law or by Danish competent authorities.

DE: Compulsory air insurance policies can be underwritten only by a subsidiary established in the Community or by a branch established in Germany).

DE: If a foreign insurance company has established a branch in Germany, it may conclude insurance contracts in Germany relating to international transport only through the branch established in Germany.

FI: Only insurers having their head office in the European Economic Area or having their branch in Finland may offer insurance services as referred to in subparagraph 3(a) of the Understanding.

FI: The supply of insurance broker services is subject to a permanent place of business in the European Economic Area.

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

HU: Subsector A.1. (direct insurance): Only entrepreneurs pursuing international business activity specified in the legal rules on foreign exchange are allowed to purchase services. Only insurance events occurring abroad can be insured.

IT: Unbound for the actuarial profession.

IT: Insurance of risks relating to c.i.f. exports by residents in Italy may be underwritten only by insurance firms established in the Community.

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

LV: Unbound for subparagraph B.3(a) of the Understanding.

MT: Subsectors A.3. and A.4. (insurance intermediation and services auxiliary to insurance): Unbound.

PL: Unbound, except for reinsurance, retrocession and insurance of goods in international trade.

RO: Unbound for subparagraphs B.3(a) and (c) of the Understanding. For subsector A.2 (reinsurance and retrocession): Reinsurance on international market is allowed only if the reinsured risk cannot be placed on domestic market

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

SK: Commercial presence is required for supply of:

the life insurance of persons with permanent residence in the Slovak Republic,

the insurance of property on the territory of the Slovak Republic,

the insurance of liability for loss or damage caused by the activity of natural persons and juridical persons on the territory of the Slovak Republic,

air and maritime insurance, covering goods, aircraft, hull and liability.

SI: Marine, aviation and transport insurance: Insurance activities provided by mutual insurance institutions are limited to incorporated companies established in the Republic of Slovenia.

SI: Subsectors A.2., A.3. and A.4. (reinsurance and retrocession, insurance intermediation and services auxiliary to insurance): Unbound.

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

| 2) | Consumption abroad |
| --- | --- |

2)

AT: Promotional activity and intermediation on behalf of a subsidiary not established in the Community or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited.

AT: Compulsory air insurance can be underwritten only by a subsidiary established in the Community or by a branch established in Austria).

AT: Higher premium tax is due for insurance contracts (except for contracts on reinsurance and retrocession) which are written by a subsidiary not established in the Community or by a branch not established in Austria. Exception from the higher tax can be granted.

BG: Subsector A.1. (direct insurance) Bulgarian natural and juridical persons, as well as foreign persons who conduct business activity in the territory of the Republic of Bulgaria, can conclude insurance contracts only with suppliers with respect to their activity in Bulgaria, which are licensed to conduct insurance activity in Bulgaria. Insurance compensation resulting from these contracts shall be paid in Bulgaria. Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes.

BG: Subsectors A.2, A.3. and A.4. (reinsurance & retrocession, insurance intermediation and services auxiliary to insurance): Unbound.

CY: Subsectors A.3. and A.4. (insurance intermediation and services auxiliary to insurance): Unbound.

CZ: None other than:

Insurance services as defined below may not be purchased abroad:

the life insurance of persons with permanent residence in the Czech Republic,

the insurance of property on the territory of the Czech Republic,

the insurance of liability for loss or damage caused by the activity of natural and legal persons on the territory of the Czech Republic.

DK: Compulsory air transport insurance can be underwritten only by firms established in the Community.

DK: No persons or companies (including insurance companies) may for business purposes in Denmark assist in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed by Danish law or by Danish competent authorities.

DE: Compulsory air insurance policies can be underwritten only by a subsidiary established in the Community or by a branch established in Germany.

DE: If a foreign insurance company has established a branch in Germany, it may conclude insurance contracts in Germany relating to international transport only through the branch established in Germany.

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

HU: Subsector A.1. (direct insurance): Only entrepreneurs pursuing international business activity specified in the legal rules on foreign exchange are allowed to purchase services. Only insurance events occurring abroad can be insured.

IT: Insurance of risks relating to c.i.f. exports by residents in Italy may be underwritten only by insurance firms established in the Community.

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

MT: Subsectors A.3. and A.4. (insurance intermediation and services auxiliary to insurance): Unbound.

PL: Unbound, except for reinsurance, retrocession and insurance of goods in international trade.

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

RO: Unbound for subparagraphs B.3(a) and (c) of the Understanding. For subsector A.2 (reinsurance and retrocession): ceding in reinsurance on international market can be made only if the reinsured risk cannot be placed on domestic market.

SK: Insurance services covered by mode (1), except insurance of air and maritime transport, covering goods, aircraft, hull and liability above may not be purchased abroad.

SI: Marine, aviation and transport insurance: Insurance activities provided by mutual insurance institutions are limited to incorporated companies established in the Republic of Slovenia.

SI: Reinsurance companies in the Republic of Slovenia have priority in the collection of insurance premiums. In case that these companies are not able to equalise all risks, these can be reinsured and retroceded abroad. (None upon the adoption of the new law on Insurance Companies).

| 3) | Commercial presence |
| --- | --- |

3)

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

BE: Any public bid to acquire Belgian securities made by or on behalf of a person, company or institution outside the jurisdiction of one of the Member States of the European Community shall be submitted to the authorisation of the Minister of Finance.

BG: Subsector A.1. (direct insurance):

Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes.

The insurance service suppliers cannot be set up for the supply of both life insurance and non-life insurance services. Foreign persons can supply insurance services only through participation in Bulgarian insurance companies with no limitation on equity participation, as well as directly, through a branch, with registered office in the Republic of Bulgaria. The establishment of branches of foreign insurance companies is subject to licensing by the Financial Supervision Commission. For establishing a branch in Bulgaria to provide certain classes of insurance, a foreign insurer must have been authorised to operate in the same classes of insurance in its country of origin for at least 5 years. The branches of foreign insurance companies should satisfy the following requirements: specific guarantee and deposit requirements, a separate capitalisation, and localisation in the Republic of Bulgaria of the assets representing the technical reserves.

Transport insurance, covering goods, insurance of vehicles as such and liability insurance regarding risks located in the Republic of Bulgaria may not be underwritten by foreign insurance companies directly. A foreign insurance company may conclude insurance contracts only through a branch.

Insurance funds raised by virtue of insurance contracts, as well as own capital, must be invested in the Republic of Bulgaria and may be transferred abroad only subject to a permission of the Financial Supervision Commission.

Foreign suppliers cannot conclude insurance contracts with local natural and juridical persons through brokers.

BG: Subsector A.2. (reinsurance and retrocession):

The reinsurance service suppliers cannot be set up for the supply of both life and non-life reinsurance services.

Foreign persons can supply insurance services only through participation in Bulgarian insurance companies with no limitation on equity participation. Foreign reinsurance companies may supply directly reinsurance services through a branch, with registered office in the Republic of Bulgaria. The establishment of branches of foreign insurance companies is subject to licensing by the Financial Supervision Commission.

Reinsurance funds raised by virtue of reinsurance contracts, as well as own capital, must be invested in the Republic of Bulgaria and may be transferred abroad only subject to permission of the Financial Supervision Commission.

Foreign suppliers cannot conclude reinsurance contracts with local natural and juridical persons through brokers.

Unbound for retrocession services.

BG: Subsectors A.3. and A.4. (insurance intermediation and services auxiliary to insurance):

Only trade companies, registered in the Republic of Bulgaria under the Trade Law, and licensed by the Financial Supervision Commission may conduct intermediation activity.

Services auxiliary to insurance have to relate to insurance.

Unbound for the actuarial services.

CY: Subsector A.1. (direct insurance):

No insurer can operate in or from within the Republic of Cyprus unless so authorised by the Superintendent of Insurance, in accordance with the Insurance Companies Laws.

Foreign insurance companies can operate in the Republic of Cyprus through the establishment of a branch or an agency. The foreign insurer must have been authorised to operate in his country of origin before authorised to establish a branch or agency.

Participation of non-residents in insurance companies, incorporated in the Republic of Cyprus, requires the prior approval of the Central Bank. The extent of foreign participation is determined on a case by case basis in accordance with economic needs.

CY: Subsector A.2. (reinsurance and retrocession):

No company can operate as a reinsurer within the Republic of Cyprus unless so authorised by the Superintendent of Insurance.

Investment by non-residents in reinsurance companies requires the prior approval of the Central Bank. The share of foreign participation in the capital of local reinsurance companies is determined on a case-by-case basis. Currently there is no local reinsurance company.

CY: Subsectors A.3. and A.4. (insurance intermediation and services auxiliary to insurance): Unbound.

CZ: None other than:

Foreign financial services suppliers may establish an insurance company with the seat in the Czech Republic in the form of a joint stock company or may exercise insurance activity through their branches with registered office in the Czech Republic under the conditions established in the Insurance Industry Act.

Commercial presence and authorisation is required for the provider of insurance services:

to provide such services including reinsurance, and,

to conclude intermediation contract with an intermediary aimed at the conclusion of insurance contract between the provider of insurance services and third party.

Authorisation is required for the intermediary in case of its intermediation activity to be exercised for a branch with registered office in the Czech Republic.

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

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

EE: Subsector A.1. (direct insurance): None, except the management body of an insurance joint-stock company with foreign capital participation may include citizens of foreign countries in proportion to the foreign participation, but not more than half of the members of the management group; the head of the management of a subsidiary or an independent company must permanently reside in Estonia.

FI: The managing director, at least one auditor and at least one half of the promoters and members of the board of directors and the supervisory board of an insurance company shall have their place of residence in the European Economic Area, unless the Ministry of Social Affairs and Health has granted an exemption.

FI: Foreign insurers cannot get a licence in Finland as a branch to carry on statutory social insurances (statutory pension insurance, statutory accident insurance).

FI: The general agent of the foreign insurance company shall have his place of residence in Finland, unless the company has its head office in the European Economic Area.

FR: The establishment of branches is subject to a special authorisation for the representative of the branch.

HU: It is intended to bind direct branching once it is bound in the GATS, and under the conditions set therein.

HU: The board of a financial institution should include at least two members, who are Hungarian citizens, residents in the meaning of the relevant foreign exchange regulations and have permanent residency in Hungary for at least one year.

IE: The right of establishment does not cover the creation of representative offices.

IT: Access to actuarial profession through natural persons only. Professional associations (no incorporation) among natural persons permitted.

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

LV: Subsectors A.1. and A.2. (direct insurance, and reinsurance and retrocession): As a general rule and in non-discriminatory manner, foreign insurance institutions must adopt a specific legal form.

LV: Subsector A.3. (insurance intermediation): Intermediary can be only natural person (no nationality requirement) and can provide service on behalf of insurance company having the authorisation from Insurance Supervisory Authority in Latvia.

LT: Insurance companies are not allowed to provide both life and non-life insurance. Separate incorporation is required for those two types (a) and (b).

MT: May be made subject to economic needs test.

PL: Subsectors A.1. to A.3. (direct insurance, reinsurance and retrocession, and insurance intermediation):

Establishment only in a form of joint stock company or a branch after obtaining a licence. No more than 5 % of insurance funds can be invested abroad. A person executing activities of the insurance intermediation must possess a licence. Local incorporation required for insurance intermediaries.

PL: Subsector A.4. (services auxiliary to insurance): Unbound.

PT: Foreign companies may carry out insurance intermediation in Portugal only through a company formed in accordance with the law of a Community Member State.

PT: In order to establish a branch in Portugal, foreign companies need to demonstrate prior operational experience of at least five years.

RO: The establishment of companies and intermediation agencies with foreign participation is allowed only in partnership with Romanian legal or natural persons. 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: 1. insurance and reinsurance contracts with legal and natural foreign persons or for their goods; 2. reinsurance contracts with Romanian insurance companies, Insurance-reinsurance companies and reinsurance companies. Intermediation agencies are not allowed to conclude insurance contracts for foreign insurance companies with Romanian legal or natural persons or for their goods.

SK: The majority of the management board of an insurance company has to be domiciled in the Slovak Republic.

License is required for provision of insurance services. Foreign national may establish an insurance company with the seat in the Slovak Republic in the form of a joint stock company or may conduct insurance business through their subsidiaries with registered office in the Slovak Republic under the general conditions established in the Law on Insurance. Insurance business means insurance activity including brokerage and reinsurance activity.

Intermediation activity aimed at the conclusion of an insurance contract between third party and the insurance company may be provided by natural or juridical persons who are domiciled in the Slovak Republic for the benefit of the insurance company having the license of the Insurance Supervisory Authority.

Intermediation contract aimed at conclusion of an insurance contract by third party with the insurance company may be concluded by domestic or foreign insurance company only after a license had been granted by the Insurance Supervisory Authority.

The financial resources of specific insurance funds of licensed insurance operators derived from insuring or reinsuring policy holders with residence or registered office in the Slovak Republic must be deposited in a resident bank in the Slovak Republic and may not be transferred abroad.

SI: Subsector A.1. (direct insurance):

Establishment is subject to a licence issued by the Ministry of Finance. Foreign persons can establish an insurance company only as a joint venture with domestic person, where participation of foreign persons is limited up to 99 %.

The limitation on the maximum foreign ownership shall be abolished with the adoption of the new Law on Insurance Companies.

A foreign person may acquire or increase shares in a domestic insurance company subject to a prior approval of the Ministry of Finance.

Ministry of Finance, when issuing a licence or approval of acquiring shares in a domestic insurance company, takes into account the following criteria:

the dispersion of ownership of shares and the existence of shareholders from different countries,

the supply of new insurance products and the transfer of related know how, if the foreign investor is an insurance company.

Unbound for foreign participation in insurance company under privatisation.

Membership of the mutual insurance institution is limited to companies established in the Republic of Slovenia and domestic natural persons.

SI: Subsector A.2. (reinsurance and retrocession): Foreign participation in reinsurance company is limited up to a controlling share of the capital. (None, except for branches, upon the adoption of the new law on Insurance Companies).

SI: Subsectors A.3. and A.4. (insurance intermediation and services auxiliary to insurance):

For providing consultancy and claim settlement services, incorporation is required as a legal entity by consent of the Bureau of Insurance.

For actuaries and risks assessment activities, provision of services through professional establishment only.

Operation is limited to direct insurance and reinsurance.

For sole proprietors, a residence in the Republic of Slovenia is required.

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

SE: Non-life insurance undertakings not incorporated in Sweden conducting business in Sweden are – instead of being taxed according to the net result – subject to taxation based on the premium income from direct insurance operations.

SE: A founder of an insurance company shall be a natural person resident in the European Economic Area or a legal entity incorporated in the European Economic Area.

| 4) | Presence of natural persons |
| --- | --- |

4)

CY: Unbound.

PL: Subsectors A.1. to A.3. (direct insurance, reinsurance and retrocession, and insurance intermediation): Unbound except as indicated in the horizontal section, and subject to the following limitation: Residency requirement for insurance intermediaries.

Subsector A.4. (services auxiliary to insurance): Unbound.

AT, BE, BG, CZ, DE, DK, ES, EE, FR, FI, EL, HU, IT, IE, LU, LT, LV, MT, NL, PT, RO, SE, SI, SK, UK: Unbound except as indicated in the respective horizontal sections and subject to the following specific limitations:

AT: The management of a branch office must consist of two natural persons resident in Austria.

BG: Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes. Unbound for retrocession services. Unbound for subsectors A.3. and A.4. (insurance intermediation and services auxiliary to insurance).

DK: The general agent of an insurance branch will need to have resided in Denmark for the last two years unless being a national of one of the Member States of the Community. The Minister of Business and Industry may grant exemption.

DK: Residency requirement for managers and the members of the board of directors of a company. However, the Minister of Business and Industry may grant exemption from this requirement. Exemption is granted on a non- discriminatory basis.

ES, IT: Residence requirement for actuarial profession.

EL: A majority of the members of the board of directors of a company established in Greece shall be nationals of one of the Member States of the Community.

SI: For actuarial and risk assessment, residence is required in addition to a qualifying examination, membership in the Actuarial Association of the Republic of Slovenia and proficiency in the Slovene language.

| B. | Banking and Other Financial Services (excluding insurance) |
| --- | --- |

B.

| 1) | Cross Border supply |
| --- | --- |

1)

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

BG: Subsectors B.11. and B.12. (provision and transfer of financial information, and advisory services): Requirement to use the public telecommunication network, or the network of other authorised operator, in the case of cross-border provision of these services. Unbound for intermediation and other auxiliary financial services.

CY: Unbound.

CZ: Non-central bank currency issue services, trading of derivative products, of transferable securities and of other negotiable instruments and financial assets, participation in issues of all kinds of securities, money broking, asset management, settlement and clearing services for financial assets, advisory, intermediation and other auxiliary financial services relating to these activities: Unbound.

CZ: None other than:

Only Czech established banks and branches of foreign banks having a corresponding licence may:

provide deposit services,

trade in foreign exchange assets,

effect non-cash cross-border payments.

Foreign exchange permit issued by the Czech National Bank or Ministry of Finance is required in case of Czech non-bank residents for:

EE: Subsector B.1. (acceptance of deposits): Requirement of authorisation by Eesti Pank and registration under Estonian Law as a joint-stock company, a subsidiary or a branch.

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

HU: Unbound.

IE: The provision of investment services or investment advice requires either 1. authorisation in Ireland, which normally requires that the entity be incorporated or be a partnership or a sole trader, in each case with a head/registered office in Ireland (authorisation may not be required in certain cases, e.g. where a third country service provider has no commercial presence in Ireland and the service is not provided to private individuals), or 2. authorisation in another Member State in accordance with the EC Investment Services Directive.

IT: Unbound for “promotori di servizi finanziari” (financial salesmen).

LT: Pension fund management: Commercial presence is required.

MT: Subsectors B.1. and B.2. (acceptance of deposits and lending of all types): None.

Subsector B.11. (provision and transfer of financial information): Unbound, except for the provision of financial information by international providers.

Subsector B.12. (advisory and other auxiliary financial services): Unbound.

PL: Subsector B.11. (provision and transfer of financial information): Requirement to use the public telecommunication network, or the network of other authorised operator, in the case of cross-border provision of these services.

Subsector B.12. (advisory and other auxiliary financial services): Unbound.

RO: Subsector B.4 (all payment and money transmission services): Allowed only through a resident bank.

SK: Trading of derivative products, of transferable securities and of other negotiable instruments and financial assets, participation in issues of all kinds of securities, money broking, asset management, and settlement and clearing services for financial assets: Unbound.

SK:

| (i) | Deposit services are confined to the domestic banks and branches of foreign banks in the Slovak Republic. |
| --- | --- |

(i)

Deposit services are confined to the domestic banks and branches of foreign banks in the Slovak Republic.

| (ii) | Only authorised domestic banks, branches of foreign banks in the Slovak Republic and persons possessing a foreign exchange license may trade in foreign exchange assets. Only stock exchange members can trade on the Bratislava Stock Exchange. Residents can trade on the RM-System Slovakia without any limitation and non-residents only through security dealers. |
| --- | --- |

(ii)

Only authorised domestic banks, branches of foreign banks in the Slovak Republic and persons possessing a foreign exchange license may trade in foreign exchange assets. Only stock exchange members can trade on the Bratislava Stock Exchange. Residents can trade on the RM-System Slovakia without any limitation and non-residents only through security dealers.

| (iii) | Non-cash cross-border payments may be effected only by authorised domestic banks and branches of foreign banks in the Slovak Republic. |
| --- | --- |

(iii)

Non-cash cross-border payments may be effected only by authorised domestic banks and branches of foreign banks in the Slovak Republic.

| (iv) | Foreign exchange licence issued by the National Bank of Slovakia is required for:






  (a) | opening an account abroad by a Slovak non-bank resident, except for the natural persons during their stay abroad; |
| --- | --- | --- |

(iv)

Foreign exchange licence issued by the National Bank of Slovakia is required for:

(a)

opening an account abroad by a Slovak non-bank resident, except for the natural persons during their stay abroad;

| (b) | capital payments abroad; |
| --- | --- |

(b)

capital payments abroad;

| (c) | obtaining financial credit from a foreign exchange non-resident; except credits from abroad accepted by residents with a repayment period of more than 3 years and loans granted between natural persons for non-business activities. |
| --- | --- |

(c)

obtaining financial credit from a foreign exchange non-resident; except credits from abroad accepted by residents with a repayment period of more than 3 years and loans granted between natural persons for non-business activities.

| (v) | Export and import of the Slovak currency and foreign exchange in cash exceeding value of SKK 150 000 and bullion, is subject to reporting requirement. |
| --- | --- |

(v)

Export and import of the Slovak currency and foreign exchange in cash exceeding value of SKK 150 000 and bullion, is subject to reporting requirement.

| (vi) | Foreign exchange permission or licence granted by foreign exchange authorities is required for a deposit of financial assets by resident abroad. |
| --- | --- |

(vi)

Foreign exchange permission or licence granted by foreign exchange authorities is required for a deposit of financial assets by resident abroad.

| (vii) | Only foreign exchange entities established in the Slovak Republic can grant and obtain guarantees and liabilities according to determined limit and provisions of the National Bank of Slovakia. |
| --- | --- |

(vii)

Only foreign exchange entities established in the Slovak Republic can grant and obtain guarantees and liabilities according to determined limit and provisions of the National Bank of Slovakia.

SI: Participation in issues of Treasury bonds, pension fund management and related advisory and other auxiliary financial services: Unbound.

Subsectors B.11. and B.12. (provision and transfer of financial information, and advisory and other auxiliary financial services, except those related to participation in issues of Treasury bonds and to pension fund management): None.

All other subsectors:

Unbound except accepting credits (borrowing of all types), and accepting guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors. (Remark consumer credits shall be free upon the adoption of the new Foreign Exchange Law).

All abovementioned credit arrangements must be registered with the Bank of Slovenia. (Remark this provision shall be abolished upon the adoption of the new Law on Banking.)

Foreign persons can only offer foreign securities through domestic banks and stock broking company. Members of the Slovenian Stock Exchange must be incorporated in the Republic of Slovenia.

| 2) | Consumption abroad |
| --- | --- |

2)

BG: Subsectors B.1. to B.10. (acceptance of deposits, lending of all types, financial leasing, all payment and money transmission services, guarantees and commitments, trading of securities, participation in issues of all kinds of securities, money broking, asset management, and settlement and clearing services for financial assets): Unbound.

Subsectors B.11. and B.12. (provision and transfer of financial information, and advisory services): Requirement to use the public telecommunication network, or the network of other authorised operator, in the case of consumption abroad of these services. Unbound for intermediation and other auxiliary financial services.

CY: Unbound, except for subsector B.6.(e) (trading of transferable securities): None.

CZ: Non-central bank currency issue services, trading of derivative products and of bullion, money broking, asset management, settlement and clearing services for derivative products, and advisory, intermediation and other auxiliary financial services relating to these activities: Unbound.

CZ: None other than:

Only Czech established banks and branches of foreign banks having a corresponding licence may:

provide deposit services,

trade in foreign exchange assets,

effect non-cash cross-border payments.

Foreign exchange permit issued by the Czech National Bank or Ministry of Finance is required in case of Czech non-bank residents for:

DE: Issues of securities denominated in Deutschmarks can be lead managed only by a credit institution, subsidiary or branch, established in Germany.

FI: Payments from governmental entities (expenses) shall be transmitted through the Finnish Postal Giro System, which is maintained by the Postipankki Ltd. Exemption from this requirement may be granted on special reason by the Ministry of Finance.

EL: Establishment is required for the provision of custodial and depository services involving the administration of interest and principal payments due on securities issued in Greece.

HU: Unbound.

MT: Subsectors B.1. and B.2. (acceptance of deposits and lending of all types): None.

Subsector B.11. (provision and transfer of financial information): Unbound, except for the provision of financial information by international providers.

Subsectors B.3. to B.10. and B.12.: Unbound.

PL: Subsector B.11. (provision and transfer of financial information): Requirement to use the public telecommunication network, or the network of other authorised operator, in the case of consumption abroad of these services.

Subsectors B.1. to B.10. and B.12.: Unbound.

RO: The opening of accounts and utilisation of foreign currency resources abroad by natural and legal Romanian persons is allowed only with prior permission from the National Bank of Romania. Unbound for subsectors B:3 (financial leasing), B.7 (participation in issues of all kinds of securities), B.9 (asset management) and B.10 (settlement and clearing services for financial assets).

SK: Trading of derivative products and of bullion, money broking, asset management, and intermediation: Unbound.

SK:

| (i) | Deposit services are confined to the domestic banks and branches of foreign banks in the Slovak Republic. |
| --- | --- |

(i)

Deposit services are confined to the domestic banks and branches of foreign banks in the Slovak Republic.

| (ii) | Only authorised domestic banks, branches of foreign banks in the Slovak Republic and persons possessing a foreign exchange license may trade in foreign exchange assets. Only stock exchange members can trade on the Bratislava Stock Exchange. Residents can trade on the RM-System Slovakia without any limitation and non-residents only through security dealers. |
| --- | --- |

(ii)

Only authorised domestic banks, branches of foreign banks in the Slovak Republic and persons possessing a foreign exchange license may trade in foreign exchange assets. Only stock exchange members can trade on the Bratislava Stock Exchange. Residents can trade on the RM-System Slovakia without any limitation and non-residents only through security dealers.

| (iii) | Non-cash cross-border payments may be effected only by authorised domestic banks and branches of foreign banks in the Slovak Republic. |
| --- | --- |

(iii)

Non-cash cross-border payments may be effected only by authorised domestic banks and branches of foreign banks in the Slovak Republic.

| (iv) | Foreign exchange licence issued by the National Bank of Slovakia is required for:






  (a) | opening an account abroad by a Slovak non-bank resident, except for the natural persons during their stay abroad; |
| --- | --- | --- |

(iv)

Foreign exchange licence issued by the National Bank of Slovakia is required for:

(a)

opening an account abroad by a Slovak non-bank resident, except for the natural persons during their stay abroad;

| (b) | capital payments abroad; |
| --- | --- |

(b)

capital payments abroad;

| (c) | obtaining financial credit from a foreign exchange non-resident; except credits from abroad accepted by residents with a repayment period of more than 3 years and loans granted between natural persons for non-business activities. |
| --- | --- |

(c)

obtaining financial credit from a foreign exchange non-resident; except credits from abroad accepted by residents with a repayment period of more than 3 years and loans granted between natural persons for non-business activities.

| (v) | Export and import of the Slovak currency and foreign exchange in cash exceeding value of SKK 150 000 and bullion, is subject to reporting requirement. |
| --- | --- |

(v)

Export and import of the Slovak currency and foreign exchange in cash exceeding value of SKK 150 000 and bullion, is subject to reporting requirement.

| (vi) | Foreign exchange permission or licence granted by foreign exchange authorities is required for a deposit of financial assets by resident abroad. |
| --- | --- |

(vi)

Foreign exchange permission or licence granted by foreign exchange authorities is required for a deposit of financial assets by resident abroad.

| (vii) | Only foreign exchange entities established in the Slovak Republic can grant and obtain guarantees and liabilities according to determined limit and provisions of the National Bank of Slovakia. |
| --- | --- |

(vii)

Only foreign exchange entities established in the Slovak Republic can grant and obtain guarantees and liabilities according to determined limit and provisions of the National Bank of Slovakia.

SI: Participation in issues of Treasury bonds, pension fund management and related advisory and other auxiliary financial services: Unbound.

Subsectors B.11. and B.12. (provision and transfer of financial information, and advisory and other auxiliary financial services, except those related to participation in issues of Treasury bonds and to pension fund management): None.

All other subsectors:

Unbound except accepting credits (borrowing of all types), and accepting guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors. (Remark: consumer credits shall be free upon the adoption of the new Foreign Exchange Law).

All abovementioned credit arrangements must be registered with the Bank of Slovenia. (Remark: this provision shall be abolished upon the adoption of the new Law on Banking.)

Legal entities established in the Republic of Slovenia can be depositories of the assets of Investments Funds.

UK: Sterling issues, including privately led issues, can be lead managed only by a firm established in the European Economic Area.

| 3) | Commercial presence |
| --- | --- |

3)

All Member States:

| — | the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies (Articles 6 and 13 of UCITS Directive, 85/611/EEC), |
| --- | --- |

—

the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies (Articles 6 and 13 of UCITS Directive, 85/611/EEC),

| — | only firms having their registered office in the Community can act as depositories of the assets of investment funds (Articles 8.1 and 15.1 of the UCITS Directive, 85/611/EEC). |
| --- | --- |

—

only firms having their registered office in the Community can act as depositories of the assets of investment funds (Articles 8.1 and 15.1 of the UCITS Directive, 85/611/EEC).

AT: Only members of the Austrian Stock Exchange may engage in securities trading at the Stock Exchange.

AT: For trading in foreign exchange and foreign currency authorisation of the Austrian National Bank is required.

AT: Mortgage bonds and municipal bonds may be issued by banks specialised and authorised for this activity.

AT: For carrying out services of pension fund management a specialised company only for this activity and incorporated as a stock company in Austria is required.

BE: Any public bid to acquire Belgian securities made by or on behalf of a person, company or institution outside the jurisdiction of one of the Member States of the European Community shall be submitted to the authorisation of the Minister of Finance.

BG: Sub-sectors B.1. to B.5. (acceptance of deposits, lending of all types, financial leasing, all payment and money transmission services, guarantees and commitments)

Foreign banks that are to establish in the Republic of Bulgaria must be duly authorised under their national law and must not be prohibited from performing banking activities in their country of origin and in the countries where they operate. Unbound for caisses populaires.

Acquisition, directly or indirectly, of shares representing 5 % or higher of the voting rights of an established bank is subject to an authorisation by the Bulgarian National Bank. Criteria for authorisation are prudential and are consistent with the obligations of Articles XVI and XVII of the GATS.

The direct or indirect acquisition of participation in a company that is not a bank by a bank of more than 10 % of the capital of this enterprise is subject to the authorisation of the Bulgarian National Bank.

Exclusive service suppliers status may be granted as to deposit and money transmission services provided to budgetarily financed public institutions.

Condition for permanent residence with respect to executive directors of the managing body who act on behalf and for the account of a bank.

Unbound for guarantees of the State Treasury.

Subsectors B.6., B.7. and B.9. (trading of securities, participation in issues of all kinds of securities, asset management):

Bound for investment intermediaries, investment companies and stock exchanges established as joint stock companies licensed by the Financial Supervision Commission (FSC). The grant of the relevant licence is related to the management and technical requirements as well as requirements related to the protection of investors.

Stock exchange JSC: Conditions of minimum capital (BGN 100 000 .); not less than 2/3 of the capital distributed among financial institutions (insurance companies, financial houses, investment intermediaries); a 5 % ceiling of the capital of the Stock Exchange for direct or indirect participation by a shareholder.

Investment intermediaries: None for investment intermediary activities effected on the territory of the Republic of Bulgaria, unless otherwise permitted by FSC.

Condition for membership at the stock exchange for trading with securities at a stock exchange. The membership of an investment intermediary is limited to one stock exchange only in Bulgaria.

Investment companies: The activities of a bank, insurance company or of an investment intermediary are not to be conducted by an investment company.

Unbound for trading for own or customers account of negotiable instruments and financial assets other than transferable securities. Unbound for participation in issuance of treasury bonds. Unbound for pension fund management.

Subsectors B.8. and B.10 (money broking., settlement and clearing services for financial assets): Unbound.

Subsectors B.11. and B.12. (provision and transfer of financial information, and advisory services): Requirement to use the public telecommunication network, or the network of other authorised operator. Unbound for intermediation and other auxiliary financial services.

CY: It is a statutory requirement and it is applied on a non-discriminatory manner that banks offering services in the Republic of Cyprus must be legal entities. Legal entities include branches of foreign banks/financial institutions which are registered in Cyprus.

CY: Direct or indirect ownership or voting rights in a bank by a person and his/her associates may not exceed 10 % unless with the prior written approval of the Central Bank.

CY: Further to the above, in the three existing local banks listed in the stock exchange, direct or indirect shareholding or acquisition of stake in their capital by foreign persons is restricted to 0,5 % per individual or organisation and 6,0 % collectively.

CY: Subsectors B.1. to B.5. and B.6.(b) (acceptance of deposits, lending of all types, financial leasing, all payment and money transmission services, guarantees and commitments, and trading of foreign exchange):

For new banks the following requirements apply:

Subsector B.6.(e) (trading of transferable securities):

Only members (brokers) of the Cyprus Stock Exchange can undertake business pertaining to securities brokerage in Cyprus. Firms acting as brokers must only employ individuals who can act as brokers provided that they are appropriately licensed. Banks and Insurance companies may not undertake.

A brokerage firm may only be registered as a member of the Cyprus Stock Exchange if it has been established and registered in accordance with the Companies Law of Cyprus.

Subsectors B.6.(a), (c), (d) and (f), and B.7. to B.12.: Unbound.

CZ: Non-central bank currency issue services, trading of derivative products and of bullion, money broking, settlement and clearing services for derivative products, and advisory, intermediation and other auxiliary financial services relating to these activities: Unbound.

CZ: None other than:

Banking services may be provided only by Czech established banks or branches of foreign banks having a licence granted by the Czech National Bank in agreement with the Ministry of Finance.

The granting of the licence is based on the consideration of criteria which are applied consistently with GATS. Mortgage loan services may be provided only by Czech established banks.

Banks may be established as joint stock companies only. The purchase of shares of existing banks is subject to prior approval of the Czech National Bank.

Securities may be traded publicly only if relevant authorisation has been granted and prospectus covering the security has been approved.

The authorisation shall not be granted if public trading in securities is in conflict with the interests of investors, is inconsistent with the government financial policy or if it does not conform with the financial market requirements. (1)

The establishment and activities of securities dealers, stockbrokers, of the Stock Exchange or organisers of an over-the-counter market, investment companies and investment funds are subject to authorisation granting of which is related to qualifications, personal integrity, management and material requirements.

Settlement and clearing services for all kinds of payments are monitored and reviewed by the Czech National Bank to ensure their smooth and economical operation.

DK: Financial institutions may engage in securities trading on the Copenhagen Stock Exchange only through subsidiaries incorporated in Denmark.

FI: At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Economic Area, unless the Ministry of Finance grants an exemption. At least one auditor shall have his place of residence in the European Economic Area.

FI: The broker (individual person) on derivative exchange shall have his place of residence in the European Economic Area. Exemption from this requirement may be granted under the conditions set by the Ministry of Finance.

FI: Payments from governmental entities (expenses) shall be transmitted through the Finnish Postal Giro System, which is maintained by the Postipankki Ltd. Exemption from this requirement may be granted on special reason by the Ministry of Finance.

FR: In addition to French credit institutions, issues denominated in French francs may be lead managed only by French subsidiaries (under French law) of non-French banks which are authorised, based on sufficient means and commitments in Paris of the candidate French subsidiary of a non-French bank. These conditions apply to lead banks running the books. A non-French bank may be, without restrictions or requirement to establish, jointly-lead or co-lead manager of Eurofranc bond issue.

EL: Financial institutions may engage in the trading of securities listed on the Athens Stock Exchange only through stock exchange firms incorporated in Greece.

EL: For the establishment and operations of branches a minimum amount of foreign exchange must be imported, converted into drachmas and kept in Greece as long as a foreign bank continues to operate in Greece:

Up to four branches this minimum is currently equal to half of the minimum amount of share capital required for a credit institution to be incorporated in Greece.

For the operation of additional branches the minimum amount of capital must be equal to the minimum share capital required for a credit institution to be incorporated in Greece.

HU: It is intended to bind direct branching once it is bound in the GATS, and under the conditions set therein.

HU: Direct or indirect ownership or voting rights in a credit institution of a single shareholder other than credit institution, insurance company or investment firm cannot exceed 15 %.

HU: The board of a financial institution should include at least two members, who are Hungarian citizens, residents in the meaning of the relevant foreign exchange regulations and have permanent residency in Hungary for at least one year.

HU: Long-term State ownership will be kept at a minimum of 25 % + 1 vote in Országos Takarékpénztár és Kereskedelmi Bank Rt.

IE: In the case of collective investment schemes constituted as unit trusts and variable capital companies (other than undertakings for collective investment in transferable securities, UCITS), the trustee/depository and management company is required to be incorporated in Ireland or in another Member State of the Community. In the case of an investment limited partnership, at least one general partner must be incorporated in Ireland.

IE: To become a member of a stock exchange in Ireland, an entity must either 1. be authorised in Ireland, which requires that it be incorporated or be a partnership, with a head/registered office in Ireland, or 2. be authorised in another Member State in accordance with the EC Investment Services Directive.

IE: The provision of investment services or investment advice requires either 1. authorisation in Ireland, which normally requires that the entity be incorporated or be a partnership or a sole trader, in each case with a head/registered office in Ireland (the supervisory authority may also authorise branches of third country entities), or 2. authorisation in another Member State in accordance with the EC Investment Services Directive.

IT: The public offer of securities (as provided for under Article 18 of Law 216/74) other than shares, debt securities (including convertible debt securities) can only be made by Italian limited companies, foreign companies duly authorised, public bodies or companies belonging to local authorities whose assigned capital is not below ITL 2 billion.

IT: Centralised deposit, custody and administration services can be provided only by the Bank of Italy for Government securities, or by Monte Titoli SpA for shares, securities of a participating nature and other bonds traded in a regulated market.

IT: In the case of collective investment schemes other than harmonised UCITS under the Directive 85/611/EEC, the trustee/depository is required to be incorporated in Italy or in another Member State of the European Community, being established through a branch in Italy. Only banks, insurance companies, securities investment companies having their legal head office in the European Community may carry out activity of pension fund resources management. Management companies (closed-end funds and real estate funds) are also required to be incorporated in Italy.

IT: In providing the activity of door-to-door selling, intermediaries must utilise authorised financial salesmen resident within the territory of a Member State of the European Communities.

IT: Clearing and settlement of securities may be conducted only by the official clearing system. A company authorised by the Bank of Italy in agreement with Consob could be entrusted with the activity of clearing, up to the final settlement of securities.

IT: Representative offices of foreign intermediaries cannot carry out activities aimed at providing investment services.

LV: Subsector B.7. (participation in issues of all kinds of securities): The Bank of Latvia (Central Bank) is a financial agent of the government in the T-bills market.

Subsector B.9. (asset management): Pension fund management is provided by State monopoly.

LT: Subsectors B.1. to B.12.: At least one manager must be Lithuanian citizen.

Subsector B.3. (financial leasing): Financial leasing can be reserved for special financial institutions (such as banks and insurance companies). None as of 1 January 2001, except as indicated in horizontal part of section “Banking and Other Financial Services”.

Subsector B.9. (asset management): Establishment only as Public Stock Corporations (AB) and Close Corporations (UAB) which should be founded in closed manner (when all initially issued stock are acquired by incorporators). For the purpose of asset management, the establishment of a specialised management company is required. Only firms having their registered office in Lithuania can act as the depositories of the assets.

MT: Subsectors B.1. and B.2. (acceptance of deposits and lending of all types): Foreign-owned credit and other financial institutions may operate either in the form of a branch or a local subsidiary. Authorisation may be made subject to economic needs test.

Subsectors B.3. to B.12.: Unbound.

PL: Subsectors B.1., B.2., B.4. and B.5. (excluding guarantees and commitments of the State Treasury): Establishment of a bank only in a form of joint-stock company or a licensed branch. System of permits in relation to establishment of all banks based on prudential grounds. Nationality requirement for some – at least one – of the bank executives.

Subsectors B.6.(e), B.7. (excluding participation in issues of Treasury papers), B.9. (only portfolio management services) and B.12. (advisory and other auxiliary financial services only in relation to the activities committed for Poland.): Establishment, after obtaining a licence, only in a form of joint-stock company or a branch of foreign legal entity providing securities services.

Subsector B.11.: Requirement to use the public telecommunication network, or the network of other authorised operator, in the case of cross-border provision and/or consumption abroad of these services.

All other subsectors: Unbound.

PT: The establishment of non-EC banks is subject to an authorisation issued, on a case-by-case basis, by the Minister of Finance. The establishment has to contribute to increase the national banking system's efficiency or has to produce significant effects on the internationalisation of the Portuguese economy.

PT: The services of venture capital may not be provided by branches of venture capital companies having their head office in a non-EC country. Broker-dealer services on the Lisbon Stock Exchange may be provided by broker and dealer companies incorporated in Portugal or by branches of investment firms authorised in another EC country and authorised in their home country to provide those services. Broker and dealer services in the Oporto Derivatives Exchange and in the OTC market may not be provided by branches of non-EC broker/dealer companies.

Pension fund management may be provided only by companies incorporated in Portugal and by insurance companies established in Portugal and authorised to take up the life insurance business.

RO: 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. Any public offer of securities shall require, previous to the publication of its prospectus, the authorisation of the National Securities Commission of Romania. Companies performing asset management must be established as joint-stock companies under the Romanian law; the open-ended investment funds must be established under civil Romanian law. Unbound for financial leasing. Unbound for trading for own or customers account of negotiable instruments and financial assets other than transferable securities.

SK: Trading of derivative products and of bullion, money broking, and intermediation: Unbound.

SK: Banking services may be provided only by domestic banks or branches of foreign banks authorised by the National Bank of Slovakia upon the agreement with the Ministry of Finance. The granting of authorisation is based on the consideration of criteria relating, in particular, to capital endowment (financial strength) professional qualifications, integrity and competence of the management of the projected bank activities. Banks are legal entities incorporated in the Slovak Republic, established as joint-stock companies or public (State-owned) financial institutions.

The purchase of shares expressing interest in the equity capital of existing commercial bank from the determined limit is subject to prior approval of the National Bank of Slovakia. Investment services in the Slovak Republic can be provided by banks, investment companies, investment funds and security dealers which have legal form of joint-stock company with equity capital according to the law. Foreign investment company or investment fund must obtain an authorisation from Ministry of Finance for selling its securities or investment certificate units on the territory of the Slovak Republic according to the Law. For issue of debt securities the permission of the Ministry of Finance is required either for the issue inland or abroad.

Securities may be issued and traded only after a permission by the Ministry of Finance has been granted for public trading according to the Securities Act. The business of security dealer, stockbroker or organiser of an over-the counter market is subject to authorisation of the Ministry of Finance. Settlement and clearing services for all kinds of payments are regulated by National Bank of Slovakia.

Settlement and clearing services relating to change of physical property of securities are recorded in Centre of Securities (Clearing and Settlement House for Securities). Centre of Securities may provide only transfers on the property accounts of security owners. Cash part clearing and settlement goes through Banking Clearing and Settlement House – (where the National Bank of Slovakia is major shareholder) for Bratislava Stock Exchange, joint-stock company or through Jumbo account for RM-System Slovakia.

SI: Participation in issues of Treasury bonds, pension fund management and related advisory and other auxiliary financial services: Unbound.

Subsectors B.11. and B.12. (provision and transfer of financial information, and advisory and other auxiliary financial services, except those related to participation in issues of Treasury bonds and to pension fund management): None.

All other subsectors:

Establishment of all types of banks are subject to a licence of the Bank of Slovenia.

Foreign persons may become shareholders of banks or acquire additional shares of banks only subject to prior approval of the Bank of Slovenia.

(Remark: this provision shall be abolished upon the adoption of the new Law on Banking.)

Under license of the Bank of Slovenia, banks, subsidiaries and branches of foreign banks can be permitted to provide all or limited banking services, depending on the amount of the capital.

When considering issuing a licence to a bank to set up as a wholly-owned or with a majority of foreign investors or approval of acquiring additional shares of banks; the Bank of Slovenia shall take into account the following guidelines (2):

the existence of investors from different countries,

the opinion of the foreign institution in change of banking supervision,

(Remark: this provision shall be abolished on the adoption of the new Law on Banking).

Unbound in relation to foreign participation in banks under privatisation.

Branches of foreign banks must be incorporated in the Republic of Slovenia and have legal personality.

(Remark: this provision shall be abolished upon the adoption of the new Law on Banking.) Unbound with respect to all types of mortgage banks, savings and loans institutions.

Unbound with respect to establishment of private pension funds (non-compulsory pension funds).

Management Companies are commercial companies established solely for the purpose of managing investment funds.

Foreign persons may directly or indirectly acquire a maximum up to 20 % of shares or voting rights of management companies; for a larger percentage an approval of the Securities Market Agency is required.

An Authorised (privatisation) Investment Company is an investment company established solely for the purpose of gathering the ownership certificates (vouchers) and the purchase of shares issued in accordance with regulations on ownership transformation. An Authorised Management Company is established solely for the purpose of managing the authorised investment companies.

Foreign persons may directly or indirectly acquire a maximum up to 10 % of shares or voting rights of Authorised (privatisation) Management Companies; for a larger percentage an approval of the Securities Market Agency is required with the consent of the Ministry of Economic Relations and Development.

Investments of the Investments Funds into securities of foreign issuers are limited to 10 % of the investments of the Investments Funds. Such securities shall be listed on those stock exchanges previously determined by the Securities Market Agency.

Foreign persons may become shareholders or partners in a Stock Broking Company up to 24 % of the capital of the Stock Broking Company by prior approval of the Securities Market Agency. (Remark: this provision shall be abolished upon the adoption of the new Law on Securities Market.)

Securities of a foreign issuer which have not yet been offered in the territory of the Republic of Slovenia may only be offered by a Stock Broking Company or a bank licensed to carry out such transactions. Prior to launching the offer the Stock Broking Company or a bank shall obtain the permission of Securities Market Agency.

The request for this permission to offer securities of a foreign issuer in the Republic of Slovenia shall be accompanied by draft prospectus, documentation that the guarantor of the issue of securities of the foreign issuer is a bank or a stock broking company, except in the case of the issue of shares of a foreign issuer.

SE: Undertakings not incorporated in Sweden may establish a commercial presence only through a branch, and in case of banks, also through a representative office.

SE: A founder of a banking company shall be a natural person resident in the European Economic Area or a foreign bank. A founder of a savings bank shall be a natural person resident in the European Economic.

UK: Inter-dealer brokers, which are a category of financial institutions dealing in Government debt, are required to be established in the European Economic Area and separately capitalised.

| 4) | Presence of natural persons |
| --- | --- |

4)

CY: Subsector B.6.(e) (trading of transferable securities): Individuals, whether acting alone as brokers or employed by broker firms as brokers, are required to meet the licensing criteria for this purpose.

Subsectors B.1. to B.12., except B.6.(e): Unbound.

CZ: Non-central bank currency issue services, trading of derivative products and of bullion, money broking, settlement and clearing services for derivative products, and advisory, intermediation and other auxiliary financial services relating to these activities: Unbound.

All other subsectors: Unbound, except as indicated in the horizontal section.

MT: Subsectors B.1., B.2. and B.11. (acceptance of deposits, lending of all types, and provision and transfer of financial information): Unbound, except as indicated in the horizontal section.

Subsectors B.3. to B.10. and B.12.: Unbound.

PL: Subsectors B.1., B.2., B.4. and B.5. (excluding guarantees and commitments of the State Treasury): Unbound except as indicated in the horizontal section and subject to the following limitation: Nationality requirement for some – at least one – of the bank executives.

Subsectors B.6.(e), B.7. (excluding participation in issues of Treasury papers), B.9. (only portfolio management services), B.11. and B.12. (advisory and other auxiliary financial services only in relation to the activities committed for Poland.): Unbound except as indicated in the horizontal section.

All other subsectors: Unbound.

SK: Trading of derivative products and of bullion, money broking, and intermediation: Unbound.

All other subsectors: Unbound, except as indicated in the horizontal section.

SI: Participation in issues of Treasury bonds, pension fund management and related advisory and other auxiliary financial services: Unbound.

All other subsectors: Unbound, except as indicated in the horizontal section.

AT, BE, BG, DE, DK, ES, EE, FR, FI, EL, HU, IT, IE, LU, LT, LV, NL, PT, RO, SE, UK: Unbound except as indicated in the respective horizontal sections and subject to the following specific limitations:

BG: Unbound for guarantees of the State Treasury. Unbound for trading for own or customers account of negotiable instruments and financial assets other than transferable securities. Unbound for participation in issuance of treasury bonds. Unbound for money broking. Unbound for pension fund management. Unbound for settlement and clearing services for financial assets. Unbound for intermediation and other auxiliary financial services.

FR: Sociétés d'investissement à capital fixe: condition of nationality for the president of the Board of Directors, the Directors-General and no less than two thirds of the administrators, and also, when the securities firm has a Supervisory Board or Council, for the members of such board or its Director-General, and no less than two thirds of the members of the Supervisory Council.

EL: Credit institutions should name at least two persons who are responsible for the operations of the institution. Condition of residency applies to these persons.

IT: Condition of residence within the territory of a Member State of the European Communities for “promotori di servizi finanziari” (financial salesmen).

LV: Manager of a branch and a subsidiary shall be a Latvian tax payer (resident).

RO:

---

(1)  CZ: Legislation covering the abolition of the criterion of financial market requirements is now being discussed in the Parliament.

1

(2)  Besides the amount of the capital the Bank of Slovenia shall, when considering issuing an unlimited or a limited banking licence also take into account the following guidelines (for both domestic and foreign applicants):

2

| — | the national-economic preferences for certain banking activities, |
| --- | --- |

—

the national-economic preferences for certain banking activities,

| — | the existing regional coverage of the Republic of Slovenia by banks, |
| --- | --- |

—

the existing regional coverage of the Republic of Slovenia by banks,

| — | the actual bank's performance of activities compared to those stipulated by the existing licence. |
| --- | --- |

—

the actual bank's performance of activities compared to those stipulated by the existing licence.

(Remark: this provision shall be abolished upon the adoption of the new Law on Banking.)

---

ANNEX II

‘ANNEX II

AUTHORITIES RESPONSIBLE FOR FINANCIAL SERVICES

PART A

For the Community and its Member States

| European Commission | DG Trade
  DG Internal Market | B-1049 Bruxelles |
| --- | --- | --- |
| Austria | Ministry of Finance | Directorate Economic Policy and Financial Markets |
| Himmelpfortgasse 4-8 |
| Postfach 2 |
| 1015 Wien |

European Commission

DG Trade

DG Internal Market

B-1049 Bruxelles

Austria

Ministry of Finance

Directorate Economic Policy and Financial Markets

Himmelpfortgasse 4-8

Postfach 2

1015 Wien

Belgium

Ministry of Economy

| Rue de Bréderode 7 |
| --- |
| 1000 Bruxelles |

Rue de Bréderode 7

1000 Bruxelles

Ministry of Finance

| Rue de la Loi 12 |
| --- |
| B-1000 Bruxelles |

Rue de la Loi 12

B-1000 Bruxelles

Bulgaria

Ministry of Economy and Energy

| Slavyanska str. 8 |
| --- |
| Sofia 1052 |

Slavyanska str. 8

Sofia 1052

Ministry of Finance

| G.S.Rakovski str.102 |
| --- |
| Sofia 1000 |

G.S.Rakovski str.102

Sofia 1000

Bulgarian National Bank

| Al.Batenberg sq.1 |
| --- |
| Sofia 1000 |

Al.Batenberg sq.1

Sofia 1000

Financial Supervision Commission

| 33, Shar Planina Street |
| --- |
| Sofia 1303 |

33, Shar Planina Street

Sofia 1303

Cyprus

Ministry of Finance

CY-1439 Nicosia

Czech Republic

Ministry of Finance

| Letenská 15 |
| --- |
| CZ-118 10 Prague |

Letenská 15

CZ-118 10 Prague

Denmark

Ministry of Economic Affairs

| Ved Stranden 8 |
| --- |
| DK-1061 Copenhagen K |

Ved Stranden 8

DK-1061 Copenhagen K

Estonia

Ministry of Finance

| Suur-Ameerika 1 |
| --- |
| EE-15006 Tallinn |

Suur-Ameerika 1

EE-15006 Tallinn

Finland

Ministry of Finance

| PO Box 28 |
| --- |
| FIN-00023 Helsinki |

PO Box 28

FIN-00023 Helsinki

France

Ministry of Economy, Finance and Industry

| Ministère de l’Economie, des Finances et de l’Industrie |
| --- |
| 139, rue de Bercy |
| F-75572 Paris |

Ministère de l’Economie, des Finances et de l’Industrie

139, rue de Bercy

F-75572 Paris

Germany

Ministry of Finance

| Bundesanstalt für Finanzdienstleistungsaufsicht |
| --- |
| Graurheindorfer Str. 108 |
| D-53117 Bonn |

Bundesanstalt für Finanzdienstleistungsaufsicht

Graurheindorfer Str. 108

D-53117 Bonn

Greece

Bank of Greece

| Panepistimiou Street, 21 |
| --- |
| GR-10563 Athens |

Panepistimiou Street, 21

GR-10563 Athens

Hungary

Ministry of Finance

| Pénzügyminisztérium |
| --- |
| Postafiók 481 |
| HU-1369 Budapest |

Pénzügyminisztérium

Postafiók 481

HU-1369 Budapest

Ireland

Irish Financial Services Regulatory Authority

| PO Box 9138 |
| --- |
| College Green |
| IRL-Dublin 2 |

PO Box 9138

College Green

IRL-Dublin 2

Italy

Ministry of Treasury

| Ministero del Tesoro |
| --- |
| Via XX Settembre 97 |
| I-00187 Roma |

Ministero del Tesoro

Via XX Settembre 97

I-00187 Roma

Latvia

Financial and Capital Market Commission

| Kungu Street 1 |
| --- |
| LV-1050 Riga |

Kungu Street 1

LV-1050 Riga

Lithuania

Ministry of Finance

| Vaizganto 8a/2, |
| --- |
| LT-01512 Vilnius |

Vaizganto 8a/2,

LT-01512 Vilnius

Luxembourg

Ministry of Finance

| Ministère des Finances |
| --- |
| 3, rue de la Congrégation |
| L-2931 Luxembourg |

Ministère des Finances

3, rue de la Congrégation

L-2931 Luxembourg

Malta

Financial Services Authority

| Notabile Road |
| --- |
| MT-Attard |

Notabile Road

MT-Attard

Netherlands

Ministry of Finance

| Financial Markets Policy Directorate |
| --- |
| Postbus 20201 |
| NL-2500 EE Den Haag |

Financial Markets Policy Directorate

Postbus 20201

NL-2500 EE Den Haag

Poland

Ministry of Finance

| 12 Świętokrzyska Street |
| --- |
| PL-00-916 Warsaw |

12 Świętokrzyska Street

PL-00-916 Warsaw

Portugal

Ministry of Finance

| Direcção Geral dos Assuntos Europeus e Relações Internacionais |
| --- |
| Av. Infante D. Henrique, 1C-1o |
| P-1100-278 Lisboa |

Direcção Geral dos Assuntos Europeus e Relações Internacionais

Av. Infante D. Henrique, 1C-1o

P-1100-278 Lisboa

Romania

National Bank of Romania

25 Lipscani Str, sector 3 Bucharest, code 030031

Romanian National Securities Commission

(2 Foisorului Street, Bucharest, sector 3

Insurance Supervisory Commission

18th, Amiral Constantin Balescu Street, Sector 1, Bucharest Code 011954

Private pension system supervisory Commission

74 Splaiul Unirii, sector 4, Bucharest, code 030128

Slovak Republic

Ministry of Finance

| Stefanovicova 5 |
| --- |
| SK-817 82 Bratislava |

Stefanovicova 5

SK-817 82 Bratislava

Slovenia

Ministry of Economy

| Kotnikova 5 |
| --- |
| SI-1000 Ljubljana |

Kotnikova 5

SI-1000 Ljubljana

Spain

Treasury

| Directora General del Tesoro y Politica Financiera |
| --- |
| Paseo del Prado 6-6a Planta |
| E-28071 Madrid |

Directora General del Tesoro y Politica Financiera

Paseo del Prado 6-6a Planta

E-28071 Madrid

Sweden

Financial Supervisory Authority

| Box 6750 |
| --- |
| S-113 85 Stockholm |

Box 6750

S-113 85 Stockholm

Swedish Central Bank

| Malmskillnadsgatan 7 |
| --- |
| S-103 37 Stockholm |

Malmskillnadsgatan 7

S-103 37 Stockholm

Swedish Consumer Agency

| Rosenlundsgatan 9 |
| --- |
| S-118 87 Stockholm |

Rosenlundsgatan 9

S-118 87 Stockholm

United Kingdom

HM Treasury

| 1 Horse Guards Road |
| --- |
| UK-London SW1A 2HQ |

1 Horse Guards Road

UK-London SW1A 2HQ

PART B

For Mexico, The Secretaria de Hacienda y Credito Publico

| Mexico | Unidad de Banca, Valores y Ahorro | Palacio Nacional, edificio 12, 4 piso |
| --- | --- | --- |
| Col. Centro, Deleg. Cuauhtemoc, C.P. 06000 |
| México, D.F. |

Mexico

Unidad de Banca, Valores y Ahorro

Palacio Nacional, edificio 12, 4 piso

Col. Centro, Deleg. Cuauhtemoc, C.P. 06000

México, D.F.

Unidad de Seguros, Pensiones y Seguridad Social

| Palacio Nacional, Oficina 4068 |
| --- |
| Plaza de la Constitucion, Delegacion Cuauhthemoc, C.P.06000 |
| México, D.F.’ |

Palacio Nacional, Oficina 4068

Plaza de la Constitucion, Delegacion Cuauhthemoc, C.P.06000

México, D.F.’

---

Commission

| 3.6.2009 | EN | Official Journal of the European Union | L 137/42 |
| --- | --- | --- | --- |

3.6.2009

EN

Official Journal of the European Union

L 137/42

---

COMMISSION DECISION

of 26 May 2009

amending Decision 2003/135/EC as regards the eradication and emergency vaccination plans for classical swine fever in feral pigs in certain areas of Germany

(notified under document number C(2009) 3953)

(Only the French and German texts are authentic)

(2009/422/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever (1), and in particular Articles 16(1) and 20(2) thereof,

Whereas:

| (1) | Commission Decision 2003/135/EC of 27 February 2003 on the approval of the plans for the eradication of classical swine fever and the emergency vaccination of feral pigs against classical swine fever in Germany, in the federal states of Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland (2) was adopted as one of a number of measures to combat classical swine fever. |
| --- | --- |

(1)

Commission Decision 2003/135/EC of 27 February 2003 on the approval of the plans for the eradication of classical swine fever and the emergency vaccination of feral pigs against classical swine fever in Germany, in the federal states of Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate and Saarland (2) was adopted as one of a number of measures to combat classical swine fever.

| (2) | Germany has informed the Commission about the recent evolution of that disease in feral pigs in certain areas of the federal state of Rhineland-Palatinate. |
| --- | --- |

(2)

Germany has informed the Commission about the recent evolution of that disease in feral pigs in certain areas of the federal state of Rhineland-Palatinate.

| (3) | New cases of classical swine fever in feral pigs in the south of Rhineland-Palatinate have been reported. Accordingly, the plans for eradication and emergency vaccination of feral pigs for classical swine fever need to be applied in that area. |
| --- | --- |

(3)

New cases of classical swine fever in feral pigs in the south of Rhineland-Palatinate have been reported. Accordingly, the plans for eradication and emergency vaccination of feral pigs for classical swine fever need to be applied in that area.

| (4) | Decision 2003/135/EC should therefore be amended accordingly. |
| --- | --- |

(4)

Decision 2003/135/EC should therefore be amended accordingly.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2003/135/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Federal Republic of Germany and the French Republic.

Done at Brussels, 26 May 2009.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  
  OJ L 316, 1.12.2001, p. 5.

1

(2)  
  OJ L 53, 28.2.2003, p. 47.

2

---

ANNEX

‘ANNEX

1.   AREAS WHERE ERADICATION PLANS ARE IN PLACE

A.   In the federal state Rhineland-Palatinate

| (a) | In the Kreis Ahrweiler: the municipalities Adenau and Altenahr. |
| --- | --- |

(a)

| (b) | In the Landkreis Vulkaneifel: in the municipality Obere Kyll the localities Birgel, Esch, Feusdorf and Jünkerath, in the municipality Hillesheim the localities Berndorf, Dohm-Lammersdorf, Hillesheim, Kerpen, Nohn, Oberehe-Stroheich, Üxheim, Walsdorf and Wiesbaum, in the municipality Daun the locality Dreis-Brück, in the municipality Kelberg the localities Beinhausen, Bodenbach, Bongard, Borler, Boxberg, Brücktal, Drees, Gelenberg, Kelberg, Kirsbach, Neichen, Nitz, Reimerath and Welcherath. |
| --- | --- |

(b)

| (c) | The Kreise Altenkirchen and Neuwied. |
| --- | --- |

(c)

| (d) | In the Kreis Westerwald: the municipalities Bad Marienberg, Hachenburg, Ransbach-Baumbach, Rennerod, Selters, Wallmerod and Westerburg, the municipality Höhr-Grenzhausen north of the motorway A48, the municipality Montabaur north of the motorway A3 and the municipality Wirges north of the motorways A48 and A3. |
| --- | --- |

(d)

| (e) | In the Landkreis Südwestpfalz: in the municipality Pirmasens-Land the localities Kröppen southeast of the L483, Vinningen southeast of the L478 and L484, Schweix, Hilst, Trulben and Eppenbrunn, in the municipality Dahner Felsenland the localities Bobenthal, Bruchweiler-Bärenbach, Bundenthal, Erlenbach bei Dahn, Fischbach bei Dahn, Hirschthal, Ludwigswinkel, Niederschlettenbach, Nothweiler, Rumbach and Schönau (Pfalz). |
| --- | --- |

(e)

| (f) | In the Landkreis Südwestpfalz the municipalities Thaleischweiler-Fröschen, Waldfischbach-Burgalben and Wallhalben. |
| --- | --- |

(f)

| (g) | In the Kreis Kaiserslautern the municipalities Bruchmühlbach-Miesau in the south of the motorway A6, Kaiserslautern-Süd and Landstuhl. |
| --- | --- |

(g)

| (h) | The city of Kaiserslautern in the south of the motorway A6. |
| --- | --- |

(h)

B.   In the federal state North Rhine-Westphalia

| (a) | In the Kreis Euskirchen: the city Bad Münstereifel, in the city Mechernich the localities Antweiler, Harzheim, Holzheim, Lessenich, Rißdorf, Wachendorf and Weiler am Berge, in the city Euskirchen the localities of Billig, Euenheim, Euskirchen, Flamersheim, Kirchheim, Kuchenheim, Kreuzweingarten, Niederkastenholz, Palmersheim, Rheder, Roitzheim, Schweinheim and Stotzheim, in the municipality of Nettersheim the localities Bouderath, Buir, Engelgau, Frohngau, Holzmühlheim, Pesch, Tondorf und Roderath, in the municipality Dahlem the locality Dahlem and the municipality Blankenheim, except the locality Blankenheimer Wald. |
| --- | --- |

(a)

| (b) | In the Rhein-Sieg-Kreis: in the city Meckenheim the localities Ersdorf and Altendorf, in the city Rheinbach the localities Oberdrees, Niederdrees, Wormersdorf, Todenfeld, Hilberath, Merzbach, Irlenbusch, Queckenberg, Kleinschlehbach, Großschlehbach, Loch, Berscheidt, Eichen and Kurtenberg, in the municipality of Swisttal the localities Miel and Odendorf, the cities Bad Honnef, Königswinter, Hennef (Sieg), Sankt Augustin, Niederkassel, Troisdorf, Siegburg and Lohmar and the municipalities Neunkirchen-Seelscheid, Eitorf, Ruppichteroth, Windeck and Much. |
| --- | --- |

(b)

| (c) | In the Kreis Siegen-Wittgenstein in the municipality Kreuztal the localities Krombach, Eichen, Fellinghausen, Osthelden, Junkernhees and Mittelhees, in the city Siegen the localities Sohlbach, Dillnhütten, Geisweid, Birlenbach, Trupbach, Seelbach, Achenbach, Lindenberg, Rosterberg, Rödgen, Obersdorf, Eisern and Eiserfeld, the municipalities Freudenberg, Neunkirchen and Burbach, in the municipality Wilnsdorf the localities Rinsdorf and Wilden. |
| --- | --- |

(c)

| (d) | In the Kreis Olpe in the city Drolshagen the localities Drolshagen, Lüdespert, Schlade, Hützemert, Feldmannshof, Gipperich, Benolpe, Wormberg, Gelsingen, Husten, Halbhusten, Iseringhausen, Brachtpe, Berlinghausen, Eichen, Heiderhof, Forth and Buchhagen, in the city Olpe the localities Olpe, Rhode, Saßmicke, Dahl, Friedrichsthal, Thieringhausen, Günsen, Altenkleusheim, Rhonard, Stachelau, Lütringhausen and Rüblinghausen, the municipality Wenden. |
| --- | --- |

(d)

| (e) | In the Märkische Kreis the cities Halver, Kierspe and Meinerzhagen. |
| --- | --- |

(e)

| (f) | In the city Remscheid the localities Halle, Lusebusch, Hackenberg, Dörper Höhe, Niederlangenbach, Durchsholz, Nagelsberg, Kleebach, Niederfeldbach, Endringhausen, Lennep, Westerholt, Grenzwall, Birgden, Schneppendahl, Oberfeldbach, Hasenberg, Lüdorf, Engelsburg, Forsten, Oberlangenbach, Niederlangenbach, Karlsruhe, Sonnenschein, Buchholzen, Bornefeld and Bergisch Born. |
| --- | --- |

(f)

| (g) | In the cities Köln and Bonn the municipalities on the right side of the river Rhine. |
| --- | --- |

(g)

| (h) | The city Leverkusen. |
| --- | --- |

(h)

| (i) | The Rheinisch-Bergische Kreis. |
| --- | --- |

(i)

| (j) | The Oberbergische Kreis. |
| --- | --- |

(j)

2.   AREAS WHERE THE EMERGENCY VACCINATION IS APPLIED

A.   In the federal state Rhineland-Palatinate

| (a) | In the Kreis Ahrweiler: the municipalities Adenau and Altenahr. |
| --- | --- |

(a)

| (b) | In the Landkreis Vulkaneifel: in the municipality Obere Kyll the localities Birgel, Esch, Feusdorf and Jünkerath, in the municipality Hillesheim the localities Berndorf, Dohm-Lammersdorf, Hillesheim, Kerpen, Nohn, Oberehe-Stroheich, Üxheim, Walsdorf and Wiesbaum, in the municipality Daun the locality Dreis-Brück, in the municipality Kelberg the localities Beinhausen, Bodenbach, Bongard, Borler, Boxberg, Brücktal, Drees, Gelenberg, Kelberg, Kirsbach, Neichen, Nitz, Reimerath and Welcherath. |
| --- | --- |

(b)

| (c) | The Kreise Altenkirchen and Neuwied. |
| --- | --- |

(c)

| (d) | In the Kreis Westerwald: the municipalities Bad Marienberg, Hachenburg, Ransbach-Baumbach, Rennerod, Selters, Wallmerod and Westerburg, the municipality Höhr-Grenzhausen north of the motorway A48, the municipality Montabaur north of the motorway A3 and the municipality Wirges north of the motorways A48 and A3. |
| --- | --- |

(d)

| (e) | In the Landkreis Südwestpfalz: in the municipality Pirmasens-Land the localities Kröppen southeast of the L483, Vinningen southeast of the L478 and L484, Schweix, Hilst, Trulben and Eppenbrunn, in the municipality Dahner Felsenland the localities Bobenthal, Bruchweiler-Bärenbach, Bundenthal, Erlenbach bei Dahn, Fischbach bei Dahn, Hirschthal, Ludwigswinkel, Niederschlettenbach, Nothweiler, Rumbach and Schönau (Pfalz). |
| --- | --- |

(e)

| (f) | In the Landkreis Südwestpfalz the municipalities Thaleischweiler-Fröschen, Waldfischbach-Burgalben and Wallhalben. |
| --- | --- |

(f)

| (g) | In the Kreis Kaiserslautern the municipalities Bruchmühlbach-Miesau in the south of the motorway A6, Kaiserslautern-Süd and Landstuhl. |
| --- | --- |

(g)

| (h) | The city of Kaiserslautern in the south of the motorway A6. |
| --- | --- |

(h)

B.   In the federal state North Rhine-Westphalia

| (a) | In the Kreis Euskirchen: the city Bad Münstereifel, in the city Mechernich the localities Antweiler, Harzheim, Holzheim, Lessenich, Rißdorf, Wachendorf and Weiler am Berge, in the city Euskirchen the localities of Billig, Euenheim, Euskirchen, Flamersheim, Kirchheim, Kuchenheim, Kreuzweingarten, Niederkastenholz, Palmersheim, Rheder, Roitzheim, Schweinheim and Stotzheim, in the municipality of Nettersheim the localities Bouderath, Buir, Engelgau, Frohngau, Holzmühlheim, Pesch, Tondorf und Roderath, in the municipality Dahlem the locality Dahlem and the municipality Blankenheim, except the locality Blankenheimer Wald. |
| --- | --- |

(a)

| (b) | In the Rhein-Sieg-Kreis: in the city Meckenheim the localities Ersdorf and Altendorf, in the city Rheinbach the localities Oberdrees, Niederdrees, Wormersdorf, Todenfeld, Hilberath, Merzbach, Irlenbusch, Queckenberg, Kleinschlehbach, Großschlehbach, Loch, Berscheidt, Eichen and Kurtenberg, in the municipality of Swisttal the localities Miel and Odendorf, the cities Bad Honnef, Königswinter, Hennef (Sieg), Sankt Augustin, Niederkassel, Troisdorf, Siegburg and Lohmar and the municipalities Neunkirchen-Seelscheid, Eitorf, Ruppichteroth, Windeck and Much. |
| --- | --- |

(b)

| (c) | In the Kreis Siegen-Wittgenstein in the municipality Kreuztal the localities Krombach, Eichen, Fellinghausen, Osthelden, Junkernhees and Mittelhees, in the city Siegen the localities Sohlbach, Dillnhütten, Geisweid, Birlenbach, Trupbach, Seelbach, Achenbach, Lindenberg, Rosterberg, Rödgen, Obersdorf, Eisern and Eiserfeld, the municipalities Freudenberg, Neunkirchen and Burbach, in the municipality Wilnsdorf the localities Rinsdorf and Wilden. |
| --- | --- |

(c)

| (d) | In the Kreis Olpe in the city Drolshagen the localities Drolshagen, Lüdespert, Schlade, Hützemert, Feldmannshof, Gipperich, Benolpe, Wormberg, Gelsingen, Husten, Halbhusten, Iseringhausen, Brachtpe, Berlinghausen, Eichen, Heiderhof, Forth and Buchhagen, in the city Olpe the localities Olpe, Rhode, Saßmicke, Dahl, Friedrichsthal, Thieringhausen, Günsen, Altenkleusheim, Rhonard, Stachelau, Lütringhausen and Rüblinghausen, the municipality Wenden. |
| --- | --- |

(d)

| (e) | In the Märkische Kreis the cities Halver, Kierspe and Meinerzhagen. |
| --- | --- |

(e)

| (f) | In the city Remscheid the localities Halle, Lusebusch, Hackenberg, Dörper Höhe, Niederlangenbach, Durchsholz, Nagelsberg, Kleebach, Niederfeldbach, Endringhausen, Lennep, Westerholt, Grenzwall, Birgden, Schneppendahl, Oberfeldbach, Hasenberg, Lüdorf, Engelsburg, Forsten, Oberlangenbach, Niederlangenbach, Karlsruhe, Sonnenschein, Buchholzen, Bornefeld and Bergisch Born. |
| --- | --- |

(f)

| (g) | In the cities Köln and Bonn the municipalities on the right side of the river Rhine. |
| --- | --- |

(g)

| (h) | The city Leverkusen. |
| --- | --- |

(h)

| (i) | The Rheinisch-Bergische Kreis. |
| --- | --- |

(i)

| (j) | The Oberbergische Kreis.’ |
| --- | --- |

(j)

---