Proposal for a Council Decision on the conclusion of an Additional Protocol to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
Date: 2007-05-07
Institutions: European Commission
Subjects: Chile, association agreement (EU), enlargement of the Union, protocol to an agreement, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.5.2007 
COM(2007) 237 final 

2007/0083 (AVC) 

Proposal for a 

COUNCIL DECISION 

On the signature and provisional application of an Additional Protocol to the 
Association Agreement between the European Community and its Member States, of the 
one part, and the Republic of Chile, of the other part, to take account of the accession of 
the Republic of Bulgaria and Romania to the European Union 

Proposal for a 

COUNCIL DECISION 

On the conclusion of an Additional Protocol to the Association Agreement between the 
European Community and its Member States, of the one part, and the Republic of 
Chile, of the other part, to take account of the accession of the Republic of Bulgaria and 
Romania to the European Union 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

According to the terms of Article 6(2) of the Act of Accession of new EU Member States to 
the EU, the accession of the new EU Member States to the EU-Chile Association Agreement 
shall  be  agreed  by  means  of  an  additional  protocol  to  this  Agreement.  The  same  article 
provides for a simplified procedure, whereby the protocol is to be concluded by the Council, 
acting unanimously on behalf of the Member States, and by the third country concerned. This 
procedure is without prejudice to the Community’s own competences. 

On 23 October 2006 the Council approved a mandate for the Commission to negotiate such a 
protocol with Chile. These negotiations have since been completed to the satisfaction of the 
Commission. 

The  attached  proposals  are  for  (1)  a  Council  Decision  on  the  signature  and  provisional 
application  of  the  Additional  Protocol  and  (2)  a  Council  Decision  on  the  conclusion  of  the 
Additional  Protocol.  The  text  of  the  protocol  negotiated  with  Chile  is  attached.  The 
Commission  requests  the  Council  to  approve  the  attached  draft  Council  Decisions  for  the 
signature, provisional application and conclusion of the Additional Protocol. 

The European Parliament will be called upon to give its assent to this Protocol.  

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Proposal for a 

COUNCIL DECISION 

On the signature and provisional application of an Additional Protocol to the 
Association Agreement between the European Community and its Member States, of the 
one part, and the Republic of Chile, of the other part, to take account of the accession of 
the Republic of Bulgaria and Romania to the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the Act of Accession of the new Member States to the European Union, and 
in particular to Article 6(2) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

On  23  October  2006  the  Council  authorised  the  Commission,  on  behalf  of  the 
European  Community  and  its  Member  States,  to  negotiate  with  Chile  an  Additional 
Protocol  to  the  Association  Agreement  between  the  European  Community  and  its 
Member  States,  on  the  one  part,  and  Chile,  on  the  other  part,  to  take  account  of  the 
accession of the new Member States to the EU, 

(2) 

These negotiations have been concluded, 

(3) 

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

HAS DECIDED AS FOLLOWS:  

Sole Article 

1. 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s) 
empowered  to  sign,  on  behalf  of  the  European  Community  and  its  Member  States, 
the  Additional  Protocol  to  the  Association  Agreement  between  the  European 
Community and its Member States, of the one part, and the Republic of Chile, of the 
other part, to take account of the accession of the Republic of Bulgaria and Romania 
to  the  European  Union.  The  text  of  the  Additional  Protocol  is  attached  to  this 
decision. 

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2. 

The  following  provisions  of  the  Additional  Protocol  shall  be  applied  provisionally 
pending its entry into force: Articles 2, 3, 4 and 9. 

Done at Brussels, 

For the Council 
The President 

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2007/0083 (AVC) 

Proposal for a 

COUNCIL DECISION 

On the conclusion of an Additional Protocol to the Association Agreement between the 
European Community and its Member States, of the one part, and the Republic of 
Chile, of the other part, to take account of the accession of the Republic of Bulgaria and 
Romania to the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
310 thereof in conjunction with Article 300(2) first subparagraph, first and second sentence, 
and the second subparagraph of Article 300(3) thereof, 

Having regard to the Act of Accession of the new Member States to the European Union, and 
in particular to Article 6(2) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the assent of the European Parliament, 

Whereas: 

(1) 

The Additional Protocol to Association Agreement between the European Community 
and its Member States, on the one part, and Chile, on the other part, has been signed 
on behalf of the European Community and its Member States on […], 

(2) 

The Additional Protocol should be approved, 

HAS DECIDED AS FOLLOWS:  

Sole Article 

1. 

to  Association  Agreement  between 

The  Additional  Protocol 
the  European 
Community and its Member States, of the one part, and the Republic of Chile, of the 
other part, to take account of the accession of the Republic of Bulgaria and Romania 
to  the  European  Union,  is  hereby  approved  on  behalf  of  the  European  Community 
and  its  Member  States.  The  text  of  the  Additional  Protocol  is  attached  to  this 
Decision.  

2. 

The President of the Council shall give the notification provided for in Article 10 of 
the Additional Protocol 

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Done at Brussels, 

For the Council 
The President

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Second Additional Protocol 

to the Association Agreement between the European Community and its Member States, 
of  the  one  part,  and  the  Republic  of  Chile,  of  the  other  part,  to  take  account  of  the 
accession of the Republic of Bulgaria and Romania to the European Union 

THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

IRELAND, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

THE REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

ROMANIA 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

hereinafter referred to as the “Member States”, 

THE EUROPEAN COMMUNITY, 

hereinafter referred to as the “Community”, 

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and 

THE REPUBLIC OF CHILE,  

hereinafter referred to as “Chile”, 

WHEREAS  the  Agreement  establishing  an  association  between  the  Community  and  its 
Member  States,  of  the  one  part,  and  Chile,  of  the  other  part,  hereinafter  referred  to  as  “the 
Agreement”,  was  signed  in  Brussels  on  18  November  2002  and  entered  into  force  on  1st 
March 2005; 

WHEREAS  the  Treaty  concerning  the  accession  of  the  Republic  of  Bulgaria  and  Romania 
(hereinafter  referred  to  as  the  “new  Member  States”)  to  the  European  Union  (hereinafter 
referred to as “Treaty of Accession”) was signed in Luxembourg on 25 April 2005, and took 
effect as of 1st January 2007; 

WHEREAS  the  (first)  Additional  Protocol  takes  account  of  the  accession  of  the  Czech 
Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the 
Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of 
Poland, the Republic of Slovenia, and the Slovak Republic to the European Union; 

HAVE AGREED AS FOLLOWS: 

SECTION I 

CONTRACTING PARTIES 

Article 1 

The  Republic  of  Bulgaria  and  Romania  have  become  contracting  parties  to  the  Agreement 
since 1st January 2007. 

SECTION II 

RULES OF ORIGIN 

Article 2 

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

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

Article 3 

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Article 4 

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

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

SECTION III 

TRADE IN SERVICES AND ESTABLISHMENT 

Article 5 

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

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

Article 6 

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

Article 7 

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

Article 8 

SECTION IV 

GOVERNMENT PROCUREMENT 

Article 9 

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

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

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SECTION V 

GENERAL AND FINAL PROVISIONS 

Article 10 

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

2.  This Protocol shall enter into force on the first day of the first month following that in 
which all the Contracting Parties have notified each other of the completion of the procedures 
necessary for this purpose. 

3.  Notwithstanding paragraph 2, the Community and Chile agree to apply Articles 2, 3, 4 
and 9 of this Protocol with effect as from 1st January 2007.  

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

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

Article 11 

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

The Community shall communicate within three months from the signature of this Protocol to 
Chile the Bulgarian and Romanian language versions of the Agreement. Subject to the entry 
into force of this Protocol, the new language versions shall become authentic under the same 
conditions as those drawn up in the present languages of this Protocol. 

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

Article 12 

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ANNEX I 

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

1. Article 17(4) shall be amended to read: 

(…)  

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

BG 

"ИЗДАДЕН ВПОСЛЕДСТВИЕ" 

ES 

"EXPEDIDO A POSTERIORI" 

CS 

"VYSTAVENO DODATEČNE" 

DA 

"UDSTEDT EFTERFØLGENDE" 

DE 

"NACHTRÄGLICH AUSGESTELLT" 

ET 

"TAGANTJÄRELE VÄLJA ANTUD" 

EL 

"ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ" 

EN 

"ISSUED RETROSPECTIVELY" 

FR 

"DÉLIVRÉ A POSTERIORI" 

IT 

"RILASCIATO A POSTERIORI" 

LV 

"IZSNIEGTS RETROSPEKTĪVI" 

LT 

"RETROSPEKTYVUSIS IŠDAVIMAS" 

HU 

"KIADVA VISSZAMENŐLEGES HATÁLLYAL" 

MT 

"MAHRUG RETROSPETTIVAMENT" 

NL 

"AFGEGEVEN A POSTERIORI" 

PL 

"WYSTAWIONE RETROSPEKTYWNIE" 

PT 

"EMITIDO A POSTERIORI" 

RO 

"EMIS A POSTERIORI" 

SK 

"VYDANÉ DODATOČNE" 

SL 

"IZDANO NAKNADNO" 

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FI 

"ANNETTU JÄLKIKÄTEEN" 

SV 

"UTFÄRDAT I EFTERHAND" 

2. Article 18(2) shall be amended to read: 

(…) 

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

BG 

"ДУБЛИКАТ" 

ES 

"DUPLICADO" 

CS 

"DUPLIKÁT" 

DA 

"DUPLIKAT" 

DE 

"DUPLIKAT" 

ET 

"DUPLIKAAT" 

EL 

"ΑΝΤΙΓΡΑΦΟ" 

EN 

"DUPLICATE" 

FR 

"DUPLICATA" 

IT 

"DUPLICATO" 

LV 

"DUBLIKĀTS" 

LT 

"DUBLIKATAS" 

HU 

"MÁSODLAT" 

MT 

"DUPLIKAT" 

NL 

"DUPLICAAT" 

PL 

"DUPLIKAT" 

PT 

"SEGUNDA VIA" 

RO 

"DUPLICAT" 

SK 

"DUPLIKÁT" 

SL 

"DVOJNIK" 

FI 

"KAKSOISKAPPALE" 

SV 

"DUPLIKAT" 

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ANNEX II 

Appendix IV 

Invoice Declaration 

Specific requirements as for the making out of an invoice declaration 

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

Bulgarian version 

Износителят на продуктите, обхванати от този документ (разрешение № … от митница 
или  от  друг  компетентен  държавен  орган  (1))  декларира,  че  освен  където  ясно  е 
отбелязано друго, тези продукти са с … (2) преференциален произход. 

Spanish version 

El exportador de los productos incluidos en el presente documento (autorización aduanera o 
de la autoridad gubernamental competente n° ... (1)) declara que, salvo indicación en sentido 
contrario, estos productos gozan de un origen preferencial ... (2). 

Czech version 

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

Danish version 

Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes eller den 
kompetente offentlige myndigheds tilladelse nr. ... (1)) erklærer, at varerne, medmindre andet 
tydeligt er angivet, har præferenceoprindelse i ... (2). 

(1) 

(2) 

When the invoice declaration is made out by an approved exporter within the meaning of Article 21 of 
this Annex , the authorisation number of the approved exporter must be entered in this space. When the 
invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or 
the space left blank. 
Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products 
originating  in  Ceuta  and  Melilla  within  the  meaning  of  Article  37  of  this  Annex,  the  exporter  must 
clearly  indicate  them  in  the  document  on  which  the  declaration  is  made  out  by  means  of  the  symbol 
"CM". 

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German version 

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

Estonian version 

Käesoleva  dokumendiga  hõlmatud  toodete  eksportija  (tolliameti  või  pädeva  valitsusasutuse 
luba nr. ... (1)) deklareerib, et need tooted on ... (2) sooduspäritoluga, välja arvatud juhul kui on 
selgelt näidatud teisiti. 

Greek version 

Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου ή της 
καθύλην αρμόδιας αρχής, υπ΄αριθ. ... (1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα 
προϊόντα αυτά είναι προτιμησιακής καταγωγής ... (2). 

English version 

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

French version 

L'exportateur  des  produits  couverts  par  le  présent  document  (autorisation  douanière  ou  de 
l'autorité  gouvernementale  compétente  n°  … (1))  déclare  que,  sauf  indication  claire  du 
contraire, ces produits ont l'origine préférentielle ... (2). 

Italian version 

L'esportatore  delle  merci  contemplate  nel  presente  documento  (autorizzazione  doganale  o 
dell'autorità  governativa  competente  n.  … (1))  dichiara  che,  salvo  indicazione  contraria,  le 
merci sono di origine preferenziale ... (2). 

Latvian version 

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

(1) 

(2) 

When the invoice declaration is made out by an approved exporter within the meaning of Article 21 of 
this Annex , the authorisation number of the approved exporter must be entered in this space. When the 
invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or 
the space left blank. 
Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products 
originating  in  Ceuta  and  Melilla  within  the  meaning  of  Article  37  of  this  Annex,  the  exporter  must 
clearly  indicate  them  in  the  document  on  which  the  declaration  is  made  out  by  means  of  the  symbol 
"CM". 

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Lithuanian version 

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

išvardintų  prekių  eksportuotojas 

Hungarian version 

A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: … (1) vagy az illetékes 
kormányzati szerv által kiadott engedély száma: …) kijelentem, hogy eltérő jelzs hiányában az 
áruk kedvezményes … származásúak (2). 

Maltese version 

L-esportatur  tal-prodotti  koperti  b’dan  id-dokument  (awtorizzazzjoni  kompetenti  tal-gvern 
jew  tad-dwana  nru.  …  (1))  jiddikjara  li,  hlief  fejn  indikat  b’mod  car  li  mhux  hekk,  dawn  il-
prodotti huma ta’ origini preferenzjali … (2). 

Dutch version 

De exporteur van de goederen waarop dit document van toepassing is (douanevergunning of 
vergunning  van  de  competente  overheidsinstantie  nr.  …  (1))  verklaart  dat,  behoudens 
uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële ... oorsprong zijn 
(2). 

Polish version 

Eksporter  produktów  objętych 
lub 
upoważnienie  właściwych  władz  nr  …  (1))  deklaruje,  że  z  wyjątkiem  gdzie  jest  to  wyraźnie 
określone, produkty te mają … (2) preferencyjne pochodzenie. 

tym  dokumentem  (upoważnienie  władz  celnych 

Portuguese version 

O  abaixo  assinado,  exportador  dos  produtos  cobertos  pelo  presente  documento  (autorização 
aduaneira  ou  da  autoridade  governamental  competente  n°  … (1))  declara  que,  salvo 
expressamente indicado em contrário, estes produtos são de origem preferencial ... (2). 

Romanian version 

Exportatorul produselor ce fac obiectul acestui document (autorizaţia vamală sau a autorităţii 
guvernamentale competente nr. ...  (1)) declară că, exceptând cazul în care în mod expres este 
indicat altfel, aceste produse sunt de origine preferenţială ... (2). 

(1) 

(2) 

When the invoice declaration is made out by an approved exporter within the meaning of Article 21 of 
this Annex , the authorisation number of the approved exporter must be entered in this space. When the 
invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or 
the space left blank. 
Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products 
originating  in  Ceuta  and  Melilla  within  the  meaning  of  Article  37  of  this  Annex,  the  exporter  must 
clearly  indicate  them  in  the  document  on  which  the  declaration  is  made  out  by  means  of  the  symbol 
"CM". 

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Slovak version 

Vývozca  výrobkov  uvedených  v  tomto  dokumente  (číslo  povolenia  colnej  správy  alebo 
príslušného  vládneho  povolenia  …  (1))  vyhlasuje,  že  okrem  zreteľne  označených,  majú  tieto 
výrobky preferenčný pôvod v … (2). 

Slovenian version 

Izvoznik  blaga,  zajetega  s  tem  dokumentom,  (pooblastilo  carinskih  ali  pristojnih  državnih 
organov št. … (1))izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno 
... (2) poreklo . 

Finnish version 

Tässä asiakirjassa mainittujen tuotteiden viejä (tullin tai toimivaltaisen julkisen viranomaisen 
lupa  nro  ... (1))  ilmoittaa,  että  nämä  tuotteet  ovat,  ellei  toisin  ole  selvästi  merkitty, 
etuuskohteluun oikeutettuja ... alkuperätuotteita (2). 

Swedish version 

Exportören  av  de  varor  som  omfattas  av  detta  dokument  (tullmyndighetens  tillstånd  eller 
behörig statlig myndighet nr. __.(1)) försäkrar att dessa varor, om inte annat tydligt markerats, 
har förmånsberättigande ___ ursprung (2) 

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

(Place and date) 

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

(Signature of the exporter; in addition, the 
name of the person signing the declaration 
has to be indicated in clear script) 

(1) 

(2) 

 (3) 
(4) 

When the invoice declaration is made out by an approved exporter within the meaning of Article 21 of 
this Annex, the authorisation number of the approved exporter must be entered in this space. When the 
invoice declaration is not made out by an approved exporter, the words in brackets shall be omitted or 
the space left blank. 
Origin of products to be indicated. When the invoice declaration relates, in whole or in part, to products 
originating  in  Ceuta  and  Melilla  within  the  meaning  of  Article  37  of  this  Annex,  the  exporter  must 
clearly  indicate  them  in  the  document  on  which  the  declaration  is  made  out  by  means  of  the  symbol 
"CM". 
These indications may be omitted if the information is contained on the document itself. 
See Article 20(5) of this Annex. In cases where the exporter is not required to sign, the exemption of 
signature also implies the exemption of the name of the signatory. 

EN 

16 

   EN 

 
 
 
 
                                                 
ANNEX III 

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

SCHEDULE OF SPECIFIC COMMITMENTS ON SERVICES 

PART A 

COMMUNITY’S SCHEDULE 

INTRODUCTORY NOTE 

1. 
The  specific  commitments  in  this  schedule  apply  only  to  the  territories  in  which  the  Treaties 
establishing  the  Community  are  applied  and  under  the  conditions  laid  down  in  these  Treaties.    These 
commitments  apply  only  to  the  relations  between  the  Community  and  its  Member  States  on  the  one 
hand,  and  non-Community  countries  on  the  other.  They  do  not  affect  the  rights  and  obligations  of 
Member States arising from Community law. 

2. 

The following abbreviations are used to indicate the Member States  

AT 
BE 
BG 
CY 
CZ 
DE 
DK 
ES 
EE 
FR 
FI 
EL 
HU 
IT 
IE 
LU 
LT 
LV 
MT 
NL 
PT 
PL 
RO 
SE 
SI 
SK 

Austria   
Belgium 
Bulgaria 
Cyprus 
Czech Republic 
Germany 
Denmark 
Spain 
Estonia  
France 
Finland 
Greece 
Hungary 
Italy 
Ireland 
Luxembourg 
Lithuania 
Latvia 
Malta 
The Netherlands 
Portugal 
Poland 
Romania 
Sweden 
Slovenia 
Slovak Republic 

EN 

17 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
UK 

United Kingdom 

3 

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

“Subsidiary”  of  a  legal  person  means  a  legal  person  which  is  effectively  controlled  by  another  legal 
person.  

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

EN 

18 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
HORIZONTAL COMMITMENTS 

I. 
ALL 
INCLUDED 
SCHEDULE 

SECTORS 
IN  THIS 

In all Member States1 services considered as public 
3) 
utilities  at  a  national  or  local  level  may  be  subject  to  public 
monopolies  or 
to  private 
operators2. 

to  exclusive  rights  granted 

a)  Treatment  accorded  to  subsidiaries  (of 
3) 
Chilean companies) formed in accordance with the law 
of  a  Member  State  and  having  their  registered  office, 
central  administration  or  principal  place  of  business 
within the Community is not extended to branches or 
agencies  established  in  a  Member  State  by  a  Chilean 
company.  However,  this  does  not  prevent  a  Member 
State  from  extending  this  treatment  to  branches  or 
agencies  established  in  another  Member  State  by  a 
Chilean company or firm, as regards their operation in 
the  first  Member  State's 
territory,  unless  such 
extension is explicitly prohibited by Community law. 
b)    Treatment  less  favourable  may  be  accorded  to 
in 
(of  Chilean  companies) 
subsidiaries 
accordance  with  the  law  of  a  Member  State  which 
have  only 
registered  office  or  central 
administration  in  the  territory  of  the  Community, 
unless  it  can  be  shown  that  they  possess  an  effective 
and  continuous  link  with  the  economy  of  one  of  the 
Member States. 

formed 

their 

Formation of Legal Entity 

In the case of Austria, Finland and Sweden no horizontal reservation has been taken for services considered as public utilities. 

1  
2   Explanatory Note: Public utilities exist in sectors such as related scientific and technical consulting services, R&D services on social sciences and humanities, technical testing 
and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport.  Exclusive rights on such services are often 
granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations.  Given that public utilities often also exist at 
the sub-central level, detailed and exhaustive sector-specific scheduling is not practical. 

EN 

19 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3) 
RO:  The  sole  administrator  or  the  Chairman 
of  the  Board  of  Administration  as  well  as  half  of  the 
total  number  of  administrators  of  the  commercial 
companies 
shall  be  Romanian  citizens  unless 
otherwise  stipulated  in  the  company  contract  or  in  its 
statutes.    The  majority  of  the  commercial  companies’ 
auditors and their deputies shall be Romanian citizens. 
SE:  A limited liability company (joint stock company) 
may  be  established  by  one  or  several  founders.    A 
founding  party  shall  either  reside  within  the  EEA 
(European Economic Area) or be an EEA legal  entity.  
A  partnership  can  only  be  a  founding  party  if  each 
partner  resides  within    the  EEA3.    Corresponding 
conditions  prevail  for  establishment  of  all  other  types 
of legal entities. 

Law on Foreign Companies' Branches 

Law on Foreign Companies' Branches 

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

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

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

PL: Unbound with respect to branches. 

SE:  The managing director of a branch shall reside 
within the EEA (European Economic Area)4. 

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

3     
4      

Exceptions from these requirements may be granted, if it can be proved that residency is not necessary. 
Exceptions from these requirements may be granted, if it can be proved that residency is not necessary. 

EN 

20 

EN 

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

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

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

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

Legal Entities: 

3)  BG: The  establishment of foreign service suppliers, joint 
ventures  included,  may  only  take  the  form  of  limited 
liability company or joint stock company with at least two 
shareholders.    Establishment  of  branches  is  subject  to 
authorization. 
  Unbound  for  representative  offices.  
Representative  offices  may  not  engage  in  economic 
activity.  In  enterprises  where 
the  public  (state  or 
municipal) share in the equity capital exceeds 30 per cent, 
the  transfer  of  these  shares  to  third  parties  needs 
authorization. 

FI:  Acquisition of shares by foreign owners giving more 
than  one  third  of  the  voting  rights  of  a  major  Finnish 
company or a major business undertaking (with more than 
1000  employees  or  with  a  turnover  exceeding  1000 
million  Finnish  markka  or  with  a  balance  sheet  total 
exceeding 167 million euros) is subject to confirmation by 
the  Finnish  authorities;  the  confirmation  may  be  denied 
only 
interest  would  be 
if  an 
jeopordized.  

important  national 

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

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

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

EN 

21 

EN 

 
  
 
 
 
company or joint stock company 

Real estate purchases: 

Real estate purchases: 

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

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

is  easily  granted 

CY:  Unbound. 

HU: Unbound for the acquisition of state owned property. 

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

MT: Unbound for the acquisition of real property. 

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

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

RO: Natural persons not having Romanian citizenship and 
residence in Romania, as well as legal persons not having 
Romanian nationality and their headquarters in Romania, 

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

BG:  Foreign  natural  and  juridical  persons  (incl. 
through  a  branch)  cannot  acquire  ownership  of 
land.    Bulgarian  juridical  persons  with  foreign 
participation 
acquire  ownership  of 
agricultural land. 

cannot 

Foreign juridical persons and foreign citizens with 
permanent residence abroad can acquire ownership 
of  buildings  and  limited  property  rights  of  real 
estate subject to the permission of the Ministry of 
Finance.  The  permission  requirement  does  not 
apply  to  persons  who  have  made  investments  in 
Bulgaria. 

Foreign citizens with permanent residence abroad, 
foreign  juridical  persons  and  companies  in  which 
foreign participation ensures a majority in adopting 
decisions  or  blocks  the  adoption  of  decisions,  can 
acquire  real  estate  property  rights  in  specific 
geographic  regions  designated  by  the  Council  of 

* SI: According to the Law on Commercial Companies, a branch established in the Republic of Slovenia is not considered a juridical person, but as regards their operation, 

their treatment is equal to a subsidiary. 

EN 

22 

EN 

 
  
 
 
 
 
                                                 
cannot  acquire  ownership  over  any  kind  of  land  plots, 
through inter vivos acts (for modes 3 and 4). 

Ministers subject to permission. 

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

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

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

than  agricultural 

industry), 

(other 

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

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

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

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

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

EN 

23 

EN 

 
  
IT:   Unbound for purchase of real estate. 

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

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

Investments: 

Investments: 

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

- 
after  a  period  of  one  month  following  prior 
notification,  authorization  is  tacitly  granted  unless  the 
in  exceptional 
Minister  of  Economic  Affairs  has, 
the 
circumstances,  exercised 

to  postpone 

its  right 

BG:  Foreign  investments  are  registered  with  the 
Ministry  of  Finance  for  statistical  and  taxation 
purposes only. 

A  foreign  person  or  a  company  in  which  foreign 
participation  ensures  a  majority 
in  adopting 
decisions  or  blocks  the  adoption  of  decisions, 
directly  or  through  other  companies  with  foreign 
participation, is to obtain a permission for: 

5      

Commercial,  industrial  or  artisanal  activities  relate  to  sectors  such  as:    other  business  services,  construction,  distribution  and  tourism  services.    It  does  not  relate  to 
telecommunications and financial services. 

EN 

24 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
                                                 
 
investment. 

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

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

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

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

FR:   For establishing in certain5 commercial, industrial or 
artisanal activities, a specific authorization is needed if the 
managing director is not holder of a permanent residence 
permit. 

(i) 

distribution  of  weapons,  munitions  or 
military equipment; 

(ii)  Banking 

or 

insurance 

participation 
companies; 

in  banking  or 

activities, 

or 
insurance 

(iii)  prospecting,  development  or  extraction  of 
natural  resources  from  the  territorial  sea, 
continental  shelf  or  the  exclusive  economic 
zone; 

(iv)  acquisition  of  participation  which  ensures  a 
majority  in  adopting  decisions  or  blocks  the 
adoption of decisions in a company  engaged 
in any of the activities specified in (i), (ii) and 
(iii) above. 

With  respect  to  banking  and  insurance  referred  to 
in  (ii)  and  (iv)  the  criteria  for  authorization  or 
permission  are  prudential  and  are  consistent  with 
the  obligation  of  Articles  XVI  and  XVII  of  the 
GATS. 

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

In  case  the  non-resident  participation  exceeds  24 
per  cent,  any  additional  financing  for  working 
capital requirements or otherwise should be raised 
from local and foreign sources in proportion to the 
participation  of  residents  and  non-residents  in  the 

EN 

25 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
entity's equity.  In the case of branches of foreign 
companies,  all  capital  for  the  initial  investment 
must  be  provided 
sources.  
Borrowing  from  local  sources  is  only  permitted 
after  the  initial  implementation  of  the  project,  for 
financing working capital requirements. 

foreign 

from 

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

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

MT:  Companies  with  the  participation  of  non-
resident legal or natural persons are subject to the 
same capital requirement applicable to companies 
that  are  fully  owned  by  residents  as  follows: 
private  companies –  Lm500 (with  a  minimum  of 
20%  as  paid  up  capital);  public  companies  – 
Lm20000  (with  a  minimum  of  25%  paid  up 
capital).  The  non-resident  percentage  of  share  of 
the equity is to be paid for with funds emanating 
from  abroad.  Companies  with  non-resident 
participation  must  apply  for  a  permit  from  the 
Ministry of Finance to acquire premises under the 
appropriate legislation. 

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

included 

in 

a)  Provision of services which are new to Cyprus

EN 

26 

EN 

 
  
 
  
 
 
b)  Promotion  of  the  export  orientation  of  the 
economy with development of existing and new markets 

c)  Transfer  of  modern  technology,  know-how 

and new management techniques 

d) 

Improvement  either  of 

the  productive 
structure  of  the  economy  or  of  the  quality  of  existing 
products and services 

e)  Complementary  impact  on  existing  units  or 

activities 

f)  Viability of proposed project 

g)  Creation  of  new 

for 
scientists, qualitative improvement and training of local 
staff 

job  opportunities 

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

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

Corporate  bodies  have  to  be  registered  under  the 
Companies  Law.    Same  Law  requires  that  a  foreign 

EN 

27 

EN 

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

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

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

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

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

- management of seaports and airports; 

- dealing in real estate or acting as   intermediary  in 

real estate transactions; 

- supply to defence industry that is not covered by 

other licensing requirements; 

- wholesale trade in imported consumer goods; 

EN 

28 

EN 

 
  
 
 
  
  
  
  
  
 
 
- provision of legal advisory services. 

- 

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

- 

arranging a contract, that includes right to use 
of state property for  more than 6 months or decides on 
acquiring of such property. 

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

indicated 

sector 

in 

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

Subsidies 

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

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

To the extent that any subsidies are made available to 

EN 

29 

EN 

 
  
  
  
  
 
 
 
 
Exchange regime6,7,8,9: 

Exchange regime11 

natural  persons,  their  availability  may  be  limited  to 
nationals of a Member State. 

1),  2),  3),  4)  BG:  Payments  and  transfers  abroad  require  the 
authorization of the Bulgarian National Bank when related to 
investments and state or state-guaranteed loans.10 

4) 
CY:  Under  the  Exchange  Control  Law, 
non-residents  are  not  normally  permitted  to  borrow 
from local sources 

6 CZ: Non-discriminatory system of foreign exchange control is applied consisting of: 
a) limitation on acquisition of foreign exchange by resident nationals for personal purposes, 
b) foreign exchange authorization in case of Czech residents for acceptance of financial credits from foreign subjects, direct capital investment abroad, acquisition of real estate 

abroad and purchases of foreign securities. 

7 PL: There is non-discriminatory system of foreign exchange controls relating to limitations in foreign exchange turnover and to system of foreign exchange permits (general and 

individual) among others limitations of capital flows and currency payments.  The following foreign exchange transactions require authorization: 

-transfer of foreign exchange out of the country; 
-transfer of Polish currency into the country; 
-ownership transfer of the right to monetary assets between domestic and foreign persons; 
-granting and drawing of loans and credits by domestic persons in foreign exchange transactions; 
-fixing or executing payments in foreign currencies within Poland for acquired goods, real estate, property rights, services or labour; 
-opening and possessing of a banking account in a bank situated abroad; 
-acquiring and holding foreign securities and acquiring real estate abroad, 
-undertaking other obligations abroad of similar effect. 
8 SK: Entries being listed for transparency reasons. 
9 BG: There is a non-discriminatory system of foreign exchange controls over transfers and payments related to current transactions:  (i) limitations on exports and imports of 
national  or  foreign  currency  in  cash;    (ii)  limitations  on  acquisition  of  foreign  exchange  by  resident  nationals  for personal  purposes;  (iii)  foreign  employees  may 
purchase foreign currency up to 70 per cent of their labour remuneration;  (iv) payments and transfers abroad in foreign currency are to be effectuated by banks;  (v) 
unilateral transfers require the permission of BNB; (vi) payments on the territory of the Republic of Bulgaria are to be effectuated in BGL. 

10 Foreign persons have the right to transfer abroad the following revenues and compensations that accrue from investments in the Republic of Bulgaria: returns received, 
compensation for expropriation of the investment for state purposes, proceeds from the liquidation or sale of all or part of the investment, the amount received in 
execution of a claim secured in currency by a pledge or a mortgage. 

11 PL: The footnote under market access is also applicable for national treatment. 

EN 

30 

EN 

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

relation 

to  capital  payments, 

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

Services  Relating  to  the  Use  of  Nuclear  Energy  for 
Peaceful Purposes 

1),2),  3),4)  BG:  Unbound  for  services  relating  to  the 
exploration,  extraction,  and  processing  of  fissionable  and 
fusionable  materials  or  the  materials  from  which  they  are 
derived, as well as to the trade therewith, to the maintenance 
and  repair  of  equipment  and  systems  in  nuclear  energy 
production  facilities,  to  the  transportation  of  such  materials 
and the refuse and waste matter of their processing, to the use 
of ionising radiation, and on all other services relating to the 
use of nuclear energy for peaceful purposes (incl. engineering 
and consulting services and services relating to software, etc.). 

Privatization12 

3)  BG:  Unbound  for  participation  in  privatization  through 
state  external  debt  bonds  and  for  services  sectors  and/or 
service suppliers not subject to privatization under the annual 
privatization programme. 

RO: Unbound 

Privatization 

3)  BG:  Unbound  for  participation  in  the  privatization 
through  investment  vouchers  or  other  preferential 
privatization methods, where Bulgarian citizenship and 
permanent residence are required. 

RO: Unbound 

12 RO: Thirty per cent of the capital of the State owned commercial companies has been distributed free of charge to Romanian citizens through "Ownership Certificates" 

which cannot be sold to foreign legal and natural persons. 

EN 

31 

EN 

 
  
 
 
 
 
 
 
 
 
                                                 
4) 
 Unbound except for measures concerning the entry 
into  and  temporary  stay13  within  a  Member  State,  without 
requiring  compliance  with  an  economic  needs  test14,  of  the 
following categories of natural persons providing services 
i)    the  temporary  presence,  as  intra-corporate  transferee15,  of 
natural persons in the following categories, provided that the 
service  supplier  is  a  legal  person  and  that  the  persons 
concerned have been employed by it or have been partners in 
it  (other  than  as  majority  shareholders),  for  at  least  the  year 
immediately preceding such movement 

BG: The number of such transferees  is not  to exceed 10 per 
cent  of  the  average  annual  number  of  the  Bulgarian  citizens 
employed by the respective Bulgarian juridical person (where 
less 
the  number  of 
intracorporate  transferees  may,  subject  to  authorization, 

than  100  persons  are  employed, 

4) 
Unbound except for measures concerning the 
categories of natural persons referred to in the Market 
Access column. 

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

remains  within 

RO: The remaining 70 per cent of the capital of these companies is to be put on sale. 
RO: Within the privatization process the foreign investors can buy assets and shares of commercial companies. Romanian legal and natural persons have a priority right in this 
respect.  Under  privatization  through  the  MEBO  method  (Management-Employee-Buy-Out)  the  right  to  purchase  a  commercial  company  is  reserved  for  its 
employees. 

13 The duration of "temporary stay" is defined by the Member States and, where they exist, Community laws and regulations regarding entry, stay and work.  The precise duration 
can vary according to the different categories of natural persons mentioned in this schedule. For category (i), the length of stay is limited in the following Member States 
as follows: BG – one-year, which may be extended for up to one additional year for a total term not to exceed three years; EE – three years, which may be extended for 
up to two additional years for a total term not to exceed five years; LV – Five years; LT – three years, extendable in the case of senior personnel only for up to two 
additional years; PL and SI – one year, which may be extended.  For category (ii), the length of stay is limited in the following Member States as follows:  BG – three  

months within one calendar year; EE – 90 days per six month period;  PL – three months; LT – three months a year; HU, LV, SI – 90 days. 
14  All  other  requirements  of  Community  and  Member  States'  laws  and  regulations  regarding  entry,  stay,  work  and  social  security  measures  shall  continue  to  apply,  including 

regulations concerning period of stay, minimum wages as well as collective wage agreements. 

15   An "intra-corporate transferee" is defined as a natural person working within a legal person, other than a non-profit making organisation, established in the territory of Chile , 
and being temporarily transferred in the context of the provision of a service through commercial presence in the territory of a Member State; the legal persons concerned must 
have  their  principal  place  of  business  in  the  territory  of  Chile  and  the  transfer  must  be  to  an  establishment  (office,  branch  or  subsidiary)  of  that  legal  person,  effectively 
providing like services in the territory of a Member State to which the EC Treaty applies.  

EN 

32 

EN 

 
  
 
 
 
 
 
 
 
                                                                                                                                                                                                                                           
exceed 10 per cent) 
a) 

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

-  directing  the  establishment  or  a  department  or 

sub-division of the establishment; 

-  supervising  and  controlling  the  work  of  other 
or  managerial 

professional 

supervisory, 
employees; 

Residency requirements 

AT:  Managing  directors  of  branches  and  legal 
persons have to be resident in Austria;  natural persons 
responsible  within  a  legal  person  or  a  branch  for  the 
observance of the Austrian Trade Act must be resident 
in Austria. 
MT:  Immigration  regulations  under  the  Immigration 
Act  (Cap  217)  will  regulate  the  issue  of  residency 
permits/documents. 

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

–  BG:  and  who  do  not  directly  perform  tasks 
concerning the actual supply of the services of the 
establishment. 

RO: Natural persons serving in management jobs are 
those  persons  with  relevant  higher  education  who,  within  an 
organization, have the task to manage this organization or one 
of its departments or divisions. 
b) 
   Persons working within a legal person who possess 
uncommon knowledge essential to the establishment's service, 
research equipment, techniques or management.  In assessing 
such knowledge, account will be taken not only of knowledge 
specific  to  the  establishment,  but  also  of  whether  the  person 
has a high level of qualification referring to a type of work or 
including 
trade  requiring  specific 
membership of an accredited profession. 

technical  knowledge, 

RO: Natural persons serving in expert jobs are those 
persons  who  have  university  degrees  in  the  speciality  of  the 
position they occupy. 
ii)  the temporary presence of natural persons in the following 

EN 

33 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
categories: 
a) 
Persons  not  residing  in  the  territory  of  a  Member 
State to which the EC treaties apply, who are representatives 
of a service supplier and are seeking temporary entry for the 
purpose of negotiating for the sale of services or entering into 
agreements  to  sell  services  for  that  service  provider,  where 
those  representatives  will  not  be  engaged  in  making  direct 
sales to the general public or in supplying services themselves 
(in  addition,  for  EE,  HU,  LV,  SI:    or  on  their  own  behalf 
receive  remuneration  from  a  source  located  within  the 
Member State concerned). 
b) 
Persons working in a senior position, as defined in i) 
a)  above,  within  a  legal  person,  who  are  responsible  for 
setting  up  in  a  Member  State  a  commercial  presence  of  a 
service provider of Chile when: 
- 
the representatives are not engaged in making direct 
sale  or  supplying  services  (in  addition,  for  EE,  HU,  LV,  SI:  
or  on  their  own  behalf  receive  remuneration  from  a  source 
located within the Member State concerned);  and 
the  service  provider  has  its  principal  place  of 
- 
business 
territory  of  Chile  and  has  no  other 
representative,  office,  branch  or  subsidiary  in  that  Member 
State. 

the 

in 

FR: 

  The  managing  director  of  an  industrial, 
commercial or artisanal activity16, if not holder of a residence 
permit, needs a specific authorization. 

 IT:    Access  to  industrial,  commercial  and  artisanal 
activities  is  subject  to  a  residence  permit  and  specific 
authorization to pursue the activity. 
(iii)  Unbound  except  for  measures  concerning  the  entry  into 
and  temporary  stay  within  a  Member  State  of  the  following 
category of natural persons without requiring compliance with 
an economic needs test except where indicated for a specific 

16   Commercial,  industrial  or  artisanal  activities  relate  to  sectors  such  as:    other  business  services,  construction,  distribution  and  tourism  services.    It  does  not  relate  to 

telecommunications and financial services. 

EN 

34 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
subsector. Access is subject to the following conditions17: 

- 

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

- 

The  legal  person  has  obtained  a  service 
contract,  for  a  period  not  exceeding  3  months  from  a  final 
consumer  in  the  Member  State  concerned,  through  an  open 
tendering procedure or any other procedure which guarantees 
the bona fide character of the contract (e.g. advertisement of 
the availability of the contract) where this requirement exists 
or  is  introduced  in  the  Member  State  pursuant  to  the  laws, 
regulations  and  requirements  of  the  Community  or  its 
Member States. 

- 

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

- 

The  temporary  entry  and  stay  within  the 
Member  State  concerned  shall  be  for  a  period  of  not  more 
than three months in any 12 months period (6 months in the 
case of EE; 24 months in the case of NL) or for the duration 
of the contract, whatever is less. 

- 

The  natural  person  must  possess 

the 
necessary academic qualifications and professional experience 
as specified for the sector or activity concerned in the Member 
State where the service is supplied. 

- 

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

- 

The  number  of  the  persons  covered  by  the 

17  

EN 

The service contract shall comply with the laws, regulations and requirements of the Community and the Member State where the service contract is executed. 

35 

EN 

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

- 

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

Legal services 
Accounting services 

Engineering services, integrated engineering services 

Taxation advisory services 
Architectural services, urban planning and landscape 

- 
- 
-    Auditing services 
- 
- 
architectural services 
- 
-    Medical, Dental and Midwives Services 
-    Veterinary services 
-        Services  provided  by  Nurses,  Physiotherapists  and 
Paramedical Personnel 
- 
- 
- 
-  Market research and opinion polling 
-  Management consulting services 
- 
- 
- 
- 
Agriculture, Hunting and Forestry 

Services related to management consulting 
Technical testing and analysis services 
Related scientific and consulting services 
Advisory  and  Consulting  Services  Relating 

Computer and related services 
Research and development services 
Advertising 

to 

Advisory  and  Consulting  Services  Relating 

- 
Fishing 
- 
-  Maintenance and repair of equipment 

Services Relating to Mining 

to 

36 

EN 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
Photographic services 
Convention services 
Translation services 
Construction services 
Site investigation work 
Environmental Services 
Higher education services 
Adult education services 
Travel agencies and tour operator services 
Tourist Guide services 
Entertainment services 
News agency services 
Services  related  to  the  sale  of  equipment  or  to  the 

- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
- 
assignment of a patent 

EN 

37 

EN 

 
  
 
 
 
SECTOR-SPECIFIC COMMITMENTS 
BUSINESS 

Professional 

II. 
1. 
SERVICES 
A. 
Services 
a) 
Legal 
home  country 
public 
(excluding EC law) 
CZ,  EE,  LV,  PL,  RO,  SI, 
SK: CPC 861. 
the  service 
BG:  where 
supplier 
is  a  qualified 
lawyer18 (part of CPC 861) 

advice 
law  and 
law 

international 

1)  EE: Unbound for CPC 861 other than CPC 86190 

1)  FR,  PT,  SI:    Unbound  for  drafting  of  legal 

FR, PT, SI:  Unbound for drafting of legal documents. 
SE:  Unbound  when  practising  as  “Advokat”  (i.e. 
lawyer/solicitor/barrister)  or  as  an  EEA  (European 
Economic  Area)  lawyer  under  his  or  her  home-country 
corresponding professional title19. 
CY, MT: Unbound 

documents. 

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

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

EE: Unbound for CPC 861 other than CPC 86190 

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

CY, MT: Unbound 

2) 
3)  DE:  Access subject to acceptance into a Bar Association 
according  to  the  "Federal  Lawyers  Act"  which  requires 
establishment which is restricted to sole proprietorship or 
partnership only. 

CY, MT: Unbound 

2) 
3)  DK:    Marketing  of  legal  advice  activities  is 
restricted  to  law  firms  registered  in  Denmark.  
Only  lawyers  with  a  Danish    licence  to  practise 
and  law  firms  registered  in  Denmark  may  own 

FR:  Host country law 
and  international  law 
law) 
(including  EC 
the 
to 
are  opened 

18 

BG: Consultancy on law does not include: legal representation in front of jurisdiction (judicial or non-judicial) and administrative bodies as well as preparation of 
legal documents for such procedures; expression of legal opinions concerning laws other than the law of the jurisdiction where the service supplier is qualified as a 
lawyer; and out-of-court legal representation related to the rights and obligations of Bulgarian nationals. 

19    When not  appearing under the  title  “Advokat”, or  as  an  EEA  lawyer under  his  or  her  home-country  corresponding  title,  foreign lawyers  may  freely  offer  legal  advice 

activities. 

EN 

38 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
of 

Members 
regulated 
judicial profession.20 

the 
legal  and 

shares in a Danish law firm.  Only lawyers with a 
Danish licence to practise may sit on the board or 
be part of the management of a Danish law firm. 
AT, CY, MT, RO: Unbound 
CZ:  Barristers  and  commercial  lawyers  in  Czech 
law  are  required  to  be  graduates  of  Czech 
universities 

into 

EE:        None  for  CPC  86190.  Unbound  for  CPC 
861 other than CPC 86190.  
SI:  Conditions  for  acceptance 
the  Bar 
Association  for  lawyers  who  are  not  Slovenian 
nationals and have a licence to practice in another 
Member,  have  to  have  a  certificate  of  knowledge 
of the Slovenian law and must be proficient in the 
Slovenian language 
SK:  Barristers and commercial lawyers in Slovak 
law  are  required  to  be  graduates  of  Slovak 
universities 

FR:    Provision  through  SEL  (anonyme,  à  responsabilité 
limitée ou en commandite par actions) or SCP only. 
FI:  When  practising  legal  services  as  a  member  of  the 
General Bar Association,  citizenship of one of the EEA 
(European Economic Area) countries is required 
AT, CY, MT, RO: Unbound. 

is  restricted 

is  needed  from 

CZ:  No  limitation  involving  foreign  law.  For  activities 
involving  national  law  acceptance  in  the  Czech  Bar 
Association  or  in  the  Czech  Chamber  of  Commercial 
Lawyers is required 
EE: None for CPC 86190. For CPC 861 other than CPC 
to  sole 
86190,  commercial  presence 
proprietorships  or  to  law  firms  with  limited  liability,  in 
which  cases  permission 
the  Bar 
Association  (Advokatuur).  According  to  the  Bar  Statute 
/Advokatuuri  pohimäärus)  only  Estonian  nationals  area 
allowed  to  establish  a  lawyer’s  office.  To  get  accepted 
into  the  Bar  Association  the  following  requirements 
should  be  met:  a)  two  years’  work  experience  as  an 
assistant  to  a  barrister  at  law;  b)  passing  a  relevant 
examination; c) work for three years as a senior assistant. 
After that it is possible to pass a lawyer’s exam (excellent 
knowledge of the Estonian law and excellent proficiency 
in  the  Estonian  language  are  required).  Notaries  Public 
are  persons  performing  a  public  service;  they  are 
appointed by the Ministry of Justice 
HU:  Commercial  presence  should  take  the  form  of 
partnership  with  a  Hungarian  barrister  (ügyvéd)  or  a 
barrister’s office (ügyvédi iroda), or representative office 
LV:    None  for  consultancy  on  home  country  and  public 
international law. For CPC 861 other than consultancy on 

20  Access to these professions is governed by the French law No. 90-1259 of 31 December 1990 which opens the entire range of legal and judicial activities. 

EN 

39 

EN 

 
  
 
 
 
 
 
 
 
                                                                                                                                                                                                                                           
language,  graduated 

home country and public international law, licence issued 
by  the  Ministry  of  Justice  and  knowledge  of  Latvian 
language required. Licensed lawyer can provide all legal 
services,  except  representation  in  criminal  proceedings. 
Representation in criminal proceedings permitted only to 
sworn  solicitors.  Nationality  requirement  for  sworn 
solicitors and sworn notaries. Sworn solicitors and sworn 
notaries  have  to  be  at  least  25  years  old,  having 
knowledge  of  Latvian 
form 
University of  Latvia or from other university recognized 
as equal by the Faculty of Law, University of Latvia, and 
having practical experience. Sworn solicitors have to pass 
examination in accordance with rules set up by Council of 
Sworn  Solicitors.  Sworn  notaries  have 
to  pass 
examination  in  accordance  with  order  set  up  by  the 
Minister  of  Justice  in  cooperation  with  the  Council  of 
Sworn Notaries. 
PL:    Establishment  subject  to  authorization.  Nationality 
requirement 
sole 
SI:  Commercial  presence 
proprietorship  or 
firm  with  unlimited 
responsibility  (partnership)  only.  Only  lawyers  with 
licence  to  practice  may  be  partners.  For  activities 
the  Bar 
involving  national 
Association 
is 
required.  Consent  of  the  Bar  Association  is  required  for 
the  establishment  of  any  law  firm.  Conditions  for 
acceptance into the Bar Association for lawyers who are 
not Slovenian nationals and have a licence to practice in 
an  another  Member,  have  to  have  a  certificate  of 
knowledge of the Slovenian law and must be proficient in 
the  Slovenian  language.  Notaries  public  are  persons 
performing  a  public  services.  Concession  rights  can  be 
acquired by licence. 
SK:  No  limitation  involving  foreign  law.  For  activities 
involving  national  law  acceptance  in  the  Slovak  Bar 
Association  or  in  the  Slovak  Chamber  of  Commercial 

("Odvetni{ka  zbornica  Slovenije") 

law  acceptance 

restricted 

to  a 

into 

law 

to 

is 

EN 

40 

EN 

 
  
Lawyers is required 

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

LU:    Host  country  law  and  international  law21  subject  to 
registration as "avocat" at the Luxembourg Bar 

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

AT, CY, MT, RO:   Unbound 

FR:      Legal  advice  activities  and  drafting  of  legal 
documents  as  a  main  activity  and  for  the  public,  are 
reserved to the members of the regulated legal and judicial 
professions22. These activities may also be exercised as a 
secondary activity to the principal activity by members of 
other regulated professions or by qualified persons. 

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

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

SE:  When  supplying  legal  advice  activity  as  “Advokat”, 

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

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

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

  Requirement  of  a  Danish 

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

solicitor/barrister)  membership 

SE:  When  appearing  under  the  title  "Advokat" 
(lawyer, 
in 
Swedish  Bar  Association  is  required.    Swedish 
citizenship  and  residency  are  required  for  such 
membership. 
CY, MT, RO: Unbound 

21  
22      

EN 

International law includes also EC law. 

Access to these professions is governed by the French law N° 90-1259 of 31 December 1990 which opens the entire range of legal and judicial activities. 

41 

EN 

 
  
 
 
 
 
 
 
 
                                                 
 
criminal 

representation 

practicing  of  the  profession  in  cooperation  with  other 
persons than other “advokats” or in the form of a limited 
liability company (joint stock company) is not permitted, 
unless certain conditions are met.  
LV:      For  CPC  861  other  than  consultancy  on  home 
country and public international law, licence issued by the 
Ministry  of  Justice  and  knowledge  of  Latvian  language 
required.  Licensed  lawyer  can  provide  all  legal  services, 
except 
proceedings. 
in 
Representation in criminal proceedings permitted only to 
sworn  solicitors.  Nationality  requirement  for  sworn 
solicitors and sworn notaries. Sworn solicitors and sworn 
notaries  have  to  be  at  least  25  years  old,  having 
form 
knowledge  of  Latvian 
University of  Latvia or from other university recognized 
as equal by the Faculty of Law, University of Latvia, and 
having practical experience. Sworn solicitors have to pass 
examination in accordance with rules set up by Council of 
to  pass 
Sworn  Solicitors.  Sworn  notaries  have 
examination  in  accordance  with  order  set  up  by  the 
Minister  of  Justice  in  cooperation  with  the  Council  of 
Sworn Notaries. 

language,  graduated 

the 

Unbound  except  for  BE,  DE,  DK,  ES,  SE  and  UK  as 
indicated  in  the  horizontal  section  under  (iii),  subject  to 
the  above  conditions  and 
following  specific 
limitations: 
BE,  DE,  DK,  ES,  SE  and  UK:    University  degree  and 
professional  qualifications  and  three  years'  professional 
experience in the sector. 
DE:  Unbound for activities reserved to "Rechtsanwalt". 
BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
1) 
2) 

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

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

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

  Requirement  of  a  Danish 

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

the 

1) 

FR,  IT, MT, RO, SI:  Unbound 

AT:  No 

representation 

before 

competent 

42 

EN 

b) 
services 

Accounting 

(CPC  86212  other 

EN 

 
  
 
 
 
 
 
 
authorities 

RO: Unbound 
2) 
3) 
DK:    Foreign  accountants  may  enter  into 
partnerships  with  Danish  authorized  accountants  after 
obtaining permission from the Danish Commerce and 
Companies Agency. 

RO: Unbound 

than  "auditing  services", 
86213, 86219) 

3)  DE:  Provision through a "GmbH & CoKG" and "EWIV" 

is prohibited. 
FR:  Provision through a SEL (anonyme, à responsabilité 
limitée ou en commandite par actions) or SCP only. 
PT:  Provision through professional establishment only. 
IT:    Access  is  restricted  to  natural  persons.  Professional 
association  (no  incorporation)  among  natural  persons 
permitted. 
AT:  Foreign  accountants'  (who  must  be  authorized 
according  to  the  law  of  their  home  country)  equity 
participation  and  shares  in  the  operating  results  of  any 
Austrian  legal  entity  may  not  exceed  25 per  cent;    this 
applies only to non-members of the Austrian Professional 
Body. 
CY:  Access  is  restricted  to  natural  persons  who  have 
obtained  authorization  from  the  Minister  of  Finance. 
Authorization  is  subject  to  economic  needs  test.  The 
criteria  used  are  analogous 
those  for  granting 
permission  for  foreign  investment  (listed  in  horizontal 
section(,  as  they  apply  to  this  subsector,  always  taking 
into  consideration  the  employment  situation  in  the 
subsector. Professional associations (partnerships) among 
natural  persons  is  permitted.  No  body  corporate  is 
allowed. 

to 

LV: The owner of shares or the head of a firm should be 
qualified as a sworn auditor in Latvia. Sworn auditors can 
be persons no younger than 25 years and: a) having a high 
school degree  in economics or in other specialities,  if  an 
examination  on  basic  economics  is  passed;  b)  having  at 
least  3  years  experience  in  auditing  recognized  by  the 
Latvian  Association  of  Sworn  Auditors;  c)  which  have 
passed  qualification  examination  and  acquired  licence  of 
sworn auditor in accordance with requirements of Latvian 
Association  of  Sworn  Auditors;  d)  having  excellent 

EN 

43 

EN 

 
  
 
 
 
 
 
 
4)  Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 
DK, IT:   Residence requirement. 
RO: Unbound 
SI: Unbound except as indicated in the Market Access 
column. 

reputation 

SI:  Commercial  presence  should  take  the  form  of  a 
juridical person 
RO: Unbound 
4)  Unbound  except  as  indicated  in  the  horizontal  section 
under  (i)  and  (ii)  and  subject  to  the  following  specific 
limitations: 
FR:      non-EC  professionals  may  be  permitted  to  provide 
services,  by  a  decision  of  the  Minister  of  Economics, 
Finance  and  Budget,  in  agreement  with  the  Minister  of 
Foreign  Affairs.  The  requirement  of  residence  cannot 
exceed 5 years. 
IT: 
commerciali". 
DK: Residence requirement unless otherwise provided by 
the Danish Commerce and Companies Agency. 
AT:  at  the  request  of  a  consumer,  accountants  may 
temporarily  move into the territory of Austria in order to 
supply  a  specific  service.  However,  as  a  rule  natural 
persons supplying accounting services are required to have 
their professional center (commercial presence) in Austria. 
No representation before competent authorities. 

  Condition  of  residency  for  "Ragionieri-Periti 

LV: The owner of shares or the head of a firm should be 
qualified as a sworn auditor in Latvia. Sworn auditors can 
be persons no younger than 25 years and: a) having a high 
school degree  in economics or in other specialities,  if  an 
examination  on  basic  economics  is  passed;  b)  having  at 
least  3  years  experience  in  auditing  recognized  by  the 
Latvian  Association  of  Sworn  Auditors;  c)  which  have 
passed  qualification  examination  and  acquired  licence  of 
sworn auditor in accordance with requirements of Latvian 
Association  of  Sworn  Auditors;  d)  having  excellent 
reputation 

RO: Unbound 
SI:  Limitations  on  natural  persons  employed  by  juridical 

EN 

44 

EN 

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

persons only 
Unbound except for AT, BE, DE, DK, ES, LU, NL, UK, 
SE  as  indicated  in  the  horizontal  section  under  (iii)  and 
subject to the above conditions and the following specific 
limitations: 
AT, BE, DE, DK, ES, NL, UK, SE: University degree and 
professional  qualifications  and  three  years'  experience  in 
the sector. 
AT:    examination  before  the  Austrian  professional  body.  
relevant 
The  employer  must  be  member  of 
professional  body  in  the  home  country  where  such  body 
exists. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 
DE:    Unbound  for  activities  reserved  by  law  in  the 
"Wirtschaftsprüfer". 

the 

LV: The owner of shares or the head of a firm should be 
qualified as a sworn auditor in Latvia. Sworn auditors can 
be persons no younger than 25 years and: a) having a high 
school degree  in economics or in other specialities,  if  an 
examination  on  basic  economics  is  passed;  b)  having  at 
least  3  years  experience  in  auditing  recognized  by  the 
Latvian  Association  of  Sworn  Auditors;  c)  which  have 
passed  qualification  examination  and  acquired  licence  of 
sworn auditor in accordance with requirements of Latvian 
Association  of  Sworn  Auditors;  d)  having  excellent 
reputation 

SI:  limitations  on  natural  persons  employed  by  juridical  
persons only 

EN 

45 

EN 

 
  
 
 
b) 
services*23 

Auditing 

(CPC  86211  and 
than 

other 

86212 
accounting services) 

AT, BE, BG, CY, DE, DK, ES, FR, FI, HU, IT, IE, 

1) 
LU, LT, MT, NL, PT, RO, SE, SI, UK: Unbound 
LT:  None  except  that  auditor’s  report  must  be  prepared  in 
conjunction  with  an  auditor  accredited 
in 
Lithuania. 

to  practice 

AT,  BE,  BG,  DE,  DK,  ES,  FR,  FI,  IT,  IE, 

1) 
LU, LT, MT, NL, PT, RO, SE, SI, UK: Unbound 
LT: None except that auditor’s report must be prepared 
in conjunction with an auditor accredited to practice in 
Lithuania. 

BG, RO: Unbound 

2) 
3)  DK:  Foreign auditors may enter into partnerships 
with  Danish  State  authorized  accountants  after 
obtaining  permission  from  the  Danish  Commerce 
and Companies Agency. 
SE:  Residency  within 
Economic Area) and Swedish exam required24 
BG, RO: Unbound 

(European 

the  EEA 

2) 
3)  BE: 

BG, RO: Unbound 
  Provision 

through  a  "SA"  and  "Société  en 

commandite" is prohibited. 

  DE:  Provision through a "GmbH & CoKG" and  "EWIV" 

is prohibited. 
FR:  For statutory audits: provision through any company 
form except SNC, SCS and secondary offices. 
PT:  Provision through professional association only. 
IE:  Provision through partnership only. 
IT:    For  access  as  "Ragionieri-Periti  commerciali"  and 
"Dottori  commerciali",  access  is  restricted  to  natural 
persons  only.  Professional  association  (no  incorporation) 
among natural persons permitted. 

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

Liability 

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

* 

Explanatory  note:  Given  the  fact  that  commercial  presence  is  required  to  exercise  any  auditing  activity,  the  cross-border  mode  is  unbound.    Only  established  statutory 
auditors can be approved by the national professional bodies.  Approval is a necessary pre-condition to exercising the activity. 

23      SI: According to Slovene law, auditing services are a matter of firms, not natural persons. 
24  
  Foreign exams and experience giving equivalent competence are recognized. 

EN 

46 

EN 

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

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

to 

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

LV:       The owner of shares or the head of a firm should 
be qualified as a sworn auditor in Latvia. Sworn auditors 
can be persons no younger than 25 years and: a) having a 
high school degree in economics or in other specialities, if 
an examination on basic economics is passed; b) having at 
least  3  years  experience  in  auditing  recognized  by  the 
Latvian  Association  of  Sworn  Auditors;  c)  which  have 
passed  qualification  examination  and  acquired  licence  of 
sworn auditor in accordance with requirements of Latvian 
Association  of  Sworn  Auditors;  d)  having  excellent 
reputation 

LT:      None,  except  non  less  than  75  per  cent  of  shares 
should  belong  to  auditors  or  auditing  companies.  The 
establishment  is  allowed  through  the  all  kinds  of  legal 
forms  of  companies  except  Public  Stock  Corporation 

EN 

47 

EN 

 
  
(AB).  Qualification  requirements  for  auditors  in  the 
country of origin of those auditors or auditing companies 
should be not lower than in Lithuania.  

PL:  Nationality  requirement.  Foreign  auditors  might 
practice after confirmation of their qualifications. 

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

SK:  Auditing  may  be  provided  by  natural  or  juridical 
persons  registered  in  the  auditors  list  of  the  Chamber  of 
Auditors. In case of juridical persons at least 60 per cent 
of  capital  share  or  voting  rights  are  reserved  to  Slovak 
nationals 
BG, RO: Unbound 

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

  BG, RO: Unbound 
  DK:  Residence  condition,  unless  otherwise  provided  by 

the Danish Commerce and Companies Agency. 
ES: Residency requirement 
EL:  Conditions of nationality for statutory auditors. 
ES:    Audit  companies:  Administrators,  directors  and 
partners of companies other than those covered by the 8th 
EEC  directive  on  company  law,  must  fulfil  a  residency 
condition. 

Unbound except as indicated in the horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 
BG, RO: Unbound 
DK:  Residence requirement. 
IT, PT:  Residence requirement for individual auditors. 
SE:  Residency  within  the  EEA  (European  Economic 
Area) and Swedish exam required.25 

SI: Unbound except as indicated in the Market Access 
column 

IT: 

requirement 

  Residency 

"Ragionieri-Periti 
commerciali".    Audit  companies:  administrators  and 
auditors in "società di revisions" other than those covered 
by  the  8th  EEC  directive  on  company  law,  must  fulfil  a 

for 

25 Foreign exams and experience giving equivalent competence are recognized. 

EN 

48 

EN 

 
  
 
 
 
 
 
 
 
                                                 
residency condition. 

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

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

LV: The owner of shares or the head of a firm should be 
qualified as a sworn auditor in Latvia. Sworn auditors can 
be persons no younger than 25 years and: a) having a high 
school degree  in economics or in other specialities,  if  an 
examination  on  basic  economics  is  passed;  b)  having  at 
least  3  years  experience  in  auditing  recognized  by  the 
Latvian  Association  of  Sworn  Auditors;  c)  which  have 
passed  qualification  examination  and  acquired  licence  of 
sworn auditor in accordance with requirements of Latvian 
Association  of  Sworn  Auditors;  d)  having  excellent 
reputation. 

PL:  Nationality  requirement.  Foreign  auditors    might 
practice after confirmation of their qualifications. 

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

Unbound except for BE, DE, DK, ES as indicated in the 
horizontal  section  under  (iii)  and  subject  to  the  above 
conditions and the following specific limitations: 
BE,  DE,  DK,  ES:    University  degree  and  professional 
qualifications  and  three  years'  professional  experience  in 
the sector. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 

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

EN 

49 

EN 

 
  
 
 
 
 
1) 

2) 
3) 

FR, IT, MT, RO, SI:  Unbound  
before 
representation 

AT:  No 
authorities 

competent 

RO: Unbound 
RO: Unbound 

b) 
services 

Bookkeeping 

(CPC 86220) 

BG: excluding tax returns 

30000 Euro. 
DE:    Unbound  for  activities  reserved  by  law  in  the 
"Wirtschaftsprüfer". 

1) 
2) 

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

3)  FR:  Provision through a SEL (anonyme, à responsabilité 

limitée ou en commandite par actions) or SCP only. 
IT: 
  Access  for  natural  persons  only.  Professional 
association  (no  incorporation)  among  natural  persons 
permitted. 
AT:  Foreign  bookkeepers'  (who  must  be  authorized 
according  to  the  law  of  their  home  country)  equity 
participation  and  shares  in  the  operating  results  of  any 
Austrian  legal  entity  may  not  exceed  25 per  cent;    this 
applies only to non-members of the Austrian Professional 
Body. 

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

to 

LV: The owner of shares or the head of a firm should be 
qualified as a sworn auditor in Latvia. Sworn auditors can 
be persons no younger than 25 years and: a) having a high 
school degree  in economics or in other specialities,  if  an 
examination  on  basic  economics  is  passed;  b)  having  at 
least  3  years  experience  in  auditing  recognized  by  the 
Latvian  Association  of  Sworn  Auditors;  c)  which  have 

EN 

50 

EN 

 
  
 
 
 
 
 
passed  qualification  examination  and  acquired  licence  of 
sworn auditor in accordance with requirements of Latvian 
Association  of  Sworn  Auditors;  d)  having  excellent 
reputation 

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

RO: Unbound 

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

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

IT:  Residence requirement for "Ragionieri-Periti 
commerciali". 

PT:  Residence requirement. 
RO: Unbound 

FR:  non-EC professionals may be permitted to provide 
services,  by  a  decision  of  the  Minister  of  Economics, 
Finance and Budget, in agreement with the Minister of 
Foreign  Affairs.  The  requirement  of  residence  cannot 
exceed 5 years. 

IT:    Condition  of  residency  for  "Ragionieri-Periti 
commerciali". 

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

 LV: The owner of shares or the head of a firm should 
be qualified as a sworn auditor in Latvia. Sworn auditors 
can be persons no younger than 25 years and: a) having 
a  high  school  degree  in  economics  or  in  other 
specialities,  if  an  examination  on  basic  economics  is 
passed; b) having at least 3 years experience in auditing 
recognized  by  the  Latvian  Association  of  Sworn 

EN 

51 

EN 

 
  
 
 
 
 
 
 
Auditors; 
c)  which  have  passed  qualification 
examination  and  acquired  licence  of  sworn  auditor  in 
accordance with requirements of Latvian Association of 
Sworn Auditors; d) having excellent reputation 

RO: Unbound 

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

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

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

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

BE:  Economic  Needs  Test  is  required  if  the  gross 
annual  salary  of  the  natural  person  is  below  the 
threshhold of 30000 Euro.  
DE:    Unbound  for  activities  reserved  by  law  in  the 
"Wirtschaftsprüfer". 

FR:  Unbound for the drafting of legal documents. 
1) 
CY:  Tax  agents  must  be  duly  authorized  by  the  Minister 
of Finance. Authorization is subject to an economic needs 
test 
BG, RO: Unbound 
2)  BG, RO: Unbound 
3)    IT:    Access  for  natural  persons  only.  Professional 
association  (no  incorporation)  among  natural  persons 
permitted. 
FR:    Provision  through  SEL  (anonyme,  à  responsabilité 
limitée ou en commandite par actions) or SCP only. 

Taxation  

c) 
Advisory Services (CPC 
863 
representation 
Court/tribunals) 

excluding 
in 

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

1)  FR:  Unbound for the drafting of legal documents. 
competent 

representation 

before 

AT:  No 
authorities  
BG, RO: Unbound 

2) 

3) 

BG, RO: Unbound 

BG, RO: Unbound 

EN 

52 

EN 

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

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

to 

CZ, SK:  Taxation services may be provided by natural or 
juridical persons registered in the list of the Chamber of 
Tax Consultants or in the Chamber of Auditors 
BG, RO: Unbound 
4) Unbound except as indicated in the horizontal section 
under  (i)  and  (ii)  and  subject  to  the  following  specific 
limitations: 

FR: 
  Legal  advice  activities  and  drafting  of  legal 
documents  as  a  main  activity  and  for  the  public,  are 
reserved to the members of the regulated legal and judicial 
professions26.  These activities may also be exercised as a 
secondary activity to the principal activity by members of 
other regulated professions or by qualified persons. 

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

BG, RO: Unbound 

IT, PT:   Residence requirement 

  Condition 

  of  residency  for  "Ragionieri-Periti 

IT: 
commerciali". 
AT:  At  the  request  of  a  consumer  tax  advisors  may 

26 Access to these professions is governed by the French law No. 90-1259 of 31 December 1990 which opens the entire range of legal and judicial activities. 

EN 

53 

EN 

 
  
 
 
 
 
                                                 
temporarily  move into the territory of Austria in order to 
supply  a  specific  service;    however,  as  a  rule  natural 
persons  supplying  taxation  services  are  required  to  have 
their professional centre (commercial presence) in Austria. 
HU:     Permanent residency requirement 
BG, RO: Unbound 
Unbound except for AT, BE, DE, DK, ES, LU, NL, UK, 
SE where:  as indicated in the horizontal section under (iii) 
and subject to the following specific limitations: 
AT,  BE,  DK,  ES,  NL,  UK,  SE:    University  degree  and 
professional  qualifications  and  three  years'  experience  in 
the sector. 
AT:  Examination before the Austrian professional body.  
relevant 
The  employer  must  be  member  of 
professional  body  in  the  home  country  where  such  body 
exists. 
DE:    Unbound  except  for  consulting  services  related  to 
  university  degree  and 
foreign 
professional,  qualifications  and  three  years'  professional 
experience in the sector. 

law,  where: 

the 

tax 

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

d) 
Architectural 
Services (CPC 8671) 

1) 

below. 

BE, CY, EL, IT, MT, PT, PL, SI:  Unbound. 
BG: None, except for the  conditions specified in 4) 

2) 

BG:  None,  except  for  the  conditions  specified 
in 4) below. 

3)  BG:  Foreign  persons  are  to  provide  the  services  only  in 
partnership  with,  or  as  subcontractors  of,  local  service 
suppliers  where  the  project  is  of  national  or  regional 
significance. 
This does not apply to projects which have been put up for 
international auction won by foreign service suppliers. 
Accreditation requirement: the main scope of the foreign 
person's activity to be the relevant services; experience in 
the  field  of  construction;  projects  performed  during  the 

1) 

BE, CY, EL, IT, MT, PT, PL:  Unbound. 
DE:  Application of the national rules on fees 
and  emoluments  for  all  services  which  are  performed 
from abroad. 
AT: None for pure planning services 
2) 
3) 

None 
None 

EN 

54 

EN 

 
  
 
 
 
 
 
 
 
 
two  years;  staff  and 

last 
technical  capacity;  bank 
references from a first rank foreign bank.  Services must 
be  supplied  through  employees  under  the  conditions 
specified in 4) below. 
ES:  Access is restricted to natural persons. 
FR:    Provision  through  SEL  (anonyme,  à  responsabilité 
limitée ou en commandite par actions) or SCP only. 
IT,  PT: 
  Access 
Professional  associations.  (no 
natural persons permitted. 
CZ: Authorization by the Czech Chamber of Architects is 
required.  Authorization  by  analogous  foreign  institutions 
may  be  recognized.  Natural  and  juridical  persons  may 
  services  only  by  authorized 
provide  architectural 
architects.  Condition  of  nationality  and  residence  is 
required, however exceptions might be considered. 

to  natural  persons. 
incorporation)  among 

is  restricted 

LV: Practice of 3 years in Latvia in the field of projecting 
and  university  degree  required  to  receive  the  licence 
enabling to engage in business activity with full range of 
legal responsibility and rights to sign a project 

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

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

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 

their 

BG:  Access  is  limited  to  natural  persons  subject  to 
recognition  of 
and 
accreditation by a professional chamber in the Republic of 
Bulgaria.    Accreditation  is  subject  to  following  criteria: 
recognized technical qualification in Bulgaria; experience 
in the field of construction; projects performed during the 

technical  qualification 

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

IT:  Residence requirement. 

EN 

55 

EN 

 
  
 
 
last two years; staff and technical capacity. 
EL:  Condition of nationality. 
HU: Permanent residency requirement 
RO: Unbound for (ii) 

RO: Unbound for (ii) 

Unbound except for BE, DE, DK, ES, EE, LU, NL, UK, 
SE  where:    as  indicated  in  the  horizontal  section  under 
(iii) and subject to the following specific limitations: 
BE,  DE,  DK,  NL,  UK,  SE:    University  degree  and 
professional  qualifications  and  three  years'  professional 
experience in the sector.  
EE:    A  university  degree  and  five  years  of  working 
experience in a related field. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 
ES:  Academic  and  professional  qualifications  recognized 
by  the  national  authorities  and  licence  delivered  by  the 
Professional  Association.    Unbound  for  CPC  86713, 
86714, 86719. 

Unbound except for BE, DE, DK, ES, EE, LU, NL, 
UK,  SE  where:    as  indicated  in  the  horizontal 
section  under  (iii)  and  subject  to  the  following 
conditions: 
DE: Use by third country qualified professionals of 
the professional title is only possible on the basis of 
mutual recognition agreements. 
DE:  Application  of  the  national  rules  on  fees  and 
emoluments  for  all  services  which  are  performed 
from abroad. 

e) 
services 

Engineering 

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

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

(All 

Member 
States  except  RO:  CPC 
8672.  RO:  only  Advisory 
consultative 
and 
engineering  services  (CPC 
86721)  and  Engineering 
design 
for 
mechanical  and  electrical 
installations  for  buildings 
(CPC 86723)) 

services 

  BG: None, except for the conditions specified in 4) below. 

2)  BG: None, except for the conditions specified in 4) below. 

3)  BG:  Foreign  persons  are  to  provide  the  services  only  in 
partnership  with,  or  as  subcontractors  of,  local  service 
suppliers  where  the  project  is  of  national  or  regional 
significance. 
This does not apply to projects which have been put up for 
international auction won by foreign service suppliers. 
  Accreditation requirement: the main scope of the foreign 
person's activity to be the relevant services; experience in 
the  field  of  construction;  projects  performed  during  the 
technical  capacity;  bank 
last 

two  years;  staff  and 

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

co-operation  with 

requires 

2) 
None 
3) 
None 
Unbound except as indicated in the horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
IT, PT: Residency requirements 
RO: Unbound for (ii) 

EN 

56 

EN 

 
  
 
 
 
 
 
 
 
references from a first rank foreign bank.  Services must 
be  supplied  through  employees  under  the  conditions 
specified in 4) below. 
ES:  Access is restricted to natural persons. 
IT,  PT: 
to  natural  persons. 
is  restricted 
Professional association  (no incorporation) among natural 
persons permitted. 

  Access 

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

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

4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 
BG: Access is limited to natural persons subject to recognition 
of  their  technical  qualification  and  accreditation  by  a 
professional  chamber 
the  Republic  of  Bulgaria.  
Accreditation  is  subject  to  following  criteria:  recognized 
technical  qualification  in  Bulgaria;  experience  in  the  field  of 
construction;  projects  performed  during  the  last  two  years; 
staff and technical capacity. 
RO: Unbound for (ii) 

in 

Unbound except for BE, DE, DK, ES, EE, NL, UK, SE as 
indicated  in  the  horizontal  section  under  (iii)  and  subject 
to the following specific limitations: 
BE,  DE,  DK,  ES,  NL,  UK,  SE:    University  degree  and 
professional  qualifications  and  three  years'  professional 
experience in the sector. 

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

EN 

57 

EN 

 
  
 
 
 
 
Integrated 

f) 
Engineering Services 
(CPC 8673) 

EE:  Unbound except for professionals where:  university 
degree  and  five  years  of  working  experience  in  a  related 
field. 
UK:  Compliance with an economic needs test is required. 
HU: Permanent residency requirement 

1) 

below. 
2) 
below. 

CY, EL, IT, MT, PT, RO: Unbound. 
BG: None, except for the  conditions specified in 4) 

BG: None, except for the  conditions specified in 4) 

RO: Unbound 
BG: Foreign persons are to provide the services only 
3) 
in  partnership  with,  or  as  subcontractors  of,  local  service 
suppliers  where  the  project  is  of  national  or  regional 
significance. 
This  does  not  apply  to  projects  which  have  been  put  up  for 
international auction won by foreign service suppliers. 
Accreditation  requirement:  the  main  scope  of  the  foreign 
person's activity to be the relevant services; experience in the 
field  of  construction;  projects  performed  during  the  last  two 
years;  staff  and  technical  capacity;  bank  references  from  a 
first  rank  foreign  bank.    Services  must  be  supplied  through 
employees under the conditions specified in 4) below. 

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

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

RO: Unbound 

1) 

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

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

co-operation  with 

requires 

RO: Unbound 
2) 
RO: Unbound 
3) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations:. 
IT, PT: Residency requirements 
RO: Unbound 

EN 

58 

EN 

 
  
 
 
 
 
 
 
 
 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 
BG: Access is limited to natural persons subject to recognition 
of  their  technical  qualification  and  accreditation  by  a 
the  Republic  of  Bulgaria.  
professional  chamber 
Accreditation  is  subject  to  following  criteria:  recognized 
technical  qualification  in  Bulgaria;  experience  in  the  field  of 
construction;  projects  performed  during  the  last  two  years; 
staff and technical capacity.RO: Unbound 

in 

Unbound except for BE, DE, DK, ES, EE, NL, UK, SE as 
indicated  in  the  horizontal  section  under  (iii)  and  subject 
to the following specific limitations: 
BE,  DE,  DK,  ES,  NL,  UK,  SE:    University  degree  and 
professional  qualifications  and  three  years'  professional 
experience in the sector. 
EE:  Unbound except for professionals where:  university 
degree  and  five  years  of  working  experience  in  a  related 
field. 
UK:  Compliance with an economic needs test is required 

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

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

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

HU, RO: Unbound for Landscape Architectural Services 

2) BG: Unbound 
HU, RO: Unbound for Landscape Architectural Services 

BG: Unbound 

3) 
IT,  PT:  Access  is  restricted  to  natural  persons.  Professional 
incorporation)  among  natural  persons 
association 
permitted. 

(no 

AT: None for pure planning services 
DE:  Application of the national rules on fees and 
emoluments  for  all  services  which  are  performed 
from abroad.  
HU,  RO:  Unbound  for  Landscape  Architectural 
Services 

BG: Unbound 

for  Landscape  Architectural 

2) 
HU,RO:  Unbound 
Services 
3) 
HU,  RO:  Unbound  for  Landscape  Architectural 
Services 

BG: Unbound 

Urban 

g) 
and 
Architectural Services  

Planning 
Landscape 

(CPC 8674) 

EN 

59 

EN 

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

HU, RO: Unbound for Landscape Architectural Services 

LV:  None  for  Urban  Planning  Services.  For  Landscape 
Architectural  Services,  practice  of  3  years  in  Latvia  in  the 
field  of  projecting  and  university  degree  required  to  receive 
the  licence  enabling  to  engage  in  business  activity  with  full 
range of legal responsibility and rights to sign a project 

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

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

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

BG: Unbound 

PT:  Condition of nationality. 

HU:  Permanent  residency  requirement  for  Urban  Planning 
Services. Unbound for Landscape Architectural Services 
RO: Unbound for Landscape Architectural Services. Unbound 
for (ii). 

BG: Unbound 

  Use  by 

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

IT:  Residence requirement. 

HU: Unbound for Landscape Architectural Services 
RO:  Unbound  for  Landscape  Architectural  Services. 
Unbound for (ii). 

EN 

60 

EN 

 
  
 
 
Medical,  Dental 

h) 
and Midwives Services 
(CPC 

9312, 

93191*) 

Unbound  except  for  BE,  DE,  DK,  ES,  EE,  NL,  UK,  SE 
where:    as  indicated  in  the  horizontal  section  under  (iii) 
and subject to the following specific limitations: 
BE,  DE,  DK,  ES,  NL,  UK,  SE:    University  degree  and 
professional  qualifications  and  three  years'  professional 
experience in the sector. 
EE:  Unbound except for professionals where:  university 
degree  and  five  years  of  working  experience  in  a  related 
field. 
UK:  Compliance with an economic needs test is required 
1)  All Member States except CZ, HU, LV, LT, PL, SE, SI: 

Unbound 
PL, SE: None 

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

Unbound  except  for  BE,  DE,  DK,  ES,  EE,  NL,  UK, 
SE where:  as indicated in the horizontal section under 
(iii) and subject to the following conditions: 
DE: Use by third country qualified professionals of the 
professional  title  is  only  possible  on  the  basis  of 
mutual recognition agreements. 
DE:  Application  of  the  national  rules  on  fees  and 
emoluments for all services which are performed from 
abroad 

1)  All  Member  States  except  CZ,  HU,  LV,  LT,  PL, 

SE, SI: Unbound 

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

2)  CY, FI, MT, RO: Unbound. 

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

       PL, SE:  None 

3)  AT:  Unbound  for  medical  and  dental  services;  for 

midwives: access restricted to natural persons only. 
BG:  Unbound  for  Midwives  Services.  For  Medical  and 
Dental Services: access is granted only to foreign natural 
persons  and  exclusively  for  the  conduct  of  private 
professional practice. 
Establishment of such suppliers is subject to conditions of 
permanent 
their 
education and professional qualification for the provision 
of  the  specific  medical  or  dental  services,  including 
experience.  
requirements 

residence,  official 

recognition  of 

professional 

related 

to 

2)  BG, CY, FI, MT, RO: Unbound. 

     CZ,  EE,  HU,  SI,  SK:  Unbound  for  Midwives 
Services 
3) 

AT: Unbound for medical and dental services 

BG: Unbound for Midwives Services. For Medical 
and  Dental  Services:  none,  except 
for  a 
requirement  for  mandatory  knowledge  of  the 
Bulgarian  language  confirmed  through  relevant 
examination. 

CY, EE, FI, MT, RO:   Unbound 

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

* Indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance. 

EN 

61 

EN 

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

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

Registration  and  authorization  based  on  economic  needs 
test and consent by a professional organization.27 
DE: Access restricted to natural persons only.  Economic 
needs  test  for  medical  doctors  and  dentists  who  are 
authorized to treat members of public insurance schemes. 
The  criterion  is  shortage  of  doctors  and  dentists  in  the 
given region.  

CY, EE, MT, RO:   Unbound 

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

ES:  Access restricted to natural persons only. 

HU: Unbound for Midwives Services 

IT,  PT:    Access  is  restricted  to  natural  persons  only. 
Professional association  
(no incorporation) among 
natural persons permitted. 
IE:  Access through partnership or natural persons only. 
SE:  Needs  test  applied  to  decide  the  number  of  private 
practices  to  be  subsidised  though  the  public  insurance 
scheme. 
UK:  Establishment for doctors under the National Health 
Service is subject to medical manpower planning.  
FR:  Provision through SEL 
à 
responsabilité  limitée  ou  en  commandite  par  actions)  or 
SCP only. 

(anonyme, 

LV: None for midwives services. For mediacl and dental 
services,  nationality  requirement.  Practice  of  medical 

27  Prices charged for private services are determined by professional organizations and approved by the Minister of Health Care. 

28 Establishment in the form of legal persons is subject to authorization by Ministry of Health. Entry into public Health Network is subject to a concession from the Institute of 

Health Insurance of the Republic of Slovenia. 

EN 

62 

EN 

 
  
 
                                                                                                                                                                                                                                           
 
profession  by  foreigners  requires  the  permission  from 
local  health  authority,  based  on  economic  needs  for 
medical doctors and dentists in a given region 

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

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

SI:  Membership  of  Doctors  Association  r  required. 
Conditions  for  acceptance  into  Doctors  Association  for 
doctors  who  are  not  Slovenian  nationals  is  licence  to 
practice in an another Member and have a good command 
of  the  Slovenian  language28.  Unbound  for  Midwives 
services 

Unbound  except  as  indicated  in  the  horizontal 
4) 
section under (i) and (ii) and subject to the following specific 
limitations: 

Unbound except as indicated in the horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 

AT: Unbound except for midwives 
DK:  Limited authorization to fulfil a specific function can 
be given for maximum 18 months. 
BG, CY, FI, MT, RO: Unbound. 
PT:  Condition of nationality. 
FR:  Condition of nationality.  However, access is possible 
within annually established quotas.  
DE:    Condition  of  nationality  for  doctors  and  dentists 
which  can  be  waived  on  an exceptional  basis  in  cases  of 
public health interest.  

AT: Unbound for doctors and dentists. 
DK:    Residence  requirement  in  order  to    obtain 
necessary 
the 
individual  authorization 
National Board of Health. 
BG, CY, FI, MT, RO: Unbound. 
IT:  Residence requirement. 

from 

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

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

EE, HU, SI:  Unbound for Midwives Services 

EN 

63 

EN 

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

LT:  Foreigners  must  pass  additional  qualification 
exam 

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

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

requirement.  Practice  of  medical 
PL:  Nationality 
profession by foreigners requires the permission except for 
midwives. 
Unbound except for BE, DE, DK, ES, as indicated in the 
horizontal  section  under  (iii)  and  subject  to  the  above 
conditions and the following specific limitations: 
BE,  DE,  DK,  ES:    University  degree  and  professional 
qualifications  and  three  years'  professional  experience  in 
the sector. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 
DE:    Condition  of  nationality  for  doctors  and  dentists 
which  can  be  waived  on  an exceptional  basis  in  cases  of 
public health interest. 

i) 
services 

Veterinary 

(CPC 932) 

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

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

Unbound 

Unbound 

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

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

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

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

2) 

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

3)  AT, CY, EE, HU, MT, RO, SI: Unbound. 

BG:  Access  is  granted  to  natural  persons  exclusively  for 

2) 
3) 

BG, CY, EE, HU, MT, RO, SI: Unbound 
AT, CY, EE, HU, MT, RO, SI: Unbound 
BG: None, except those specified in 3) in the 

EN 

64 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
Market Access column 

the conduct of private professional practice and under the 
conditions of:  Authorization by the veterinary authorities.  
Economic needs test.  Unbound for all services related to 
border  veterinary  controls,  prevention, 
localization, 
curing,  etc.  of  infectious  and  parasitic  epizootic  diseases 
and  diagnostic  analysis  related  thereto,  and  controls 
exercised over animal products. 
DE, DK, ES, PT:  Access restricted to natural persons. 
IT:    Access  restricted  to  natural  persons.  Professional 
associations  (no  incorporation)  among  natural  persons 
permitted. 
IE,  UK:    Access  through  partnership  or  natural  persons 
only. 
FR:    Provision  through  SEL  (anonyme,  à  responsabilité 
limitée ou en commandite par actions) or SCP only. 

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

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

4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 

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

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

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

AT, BG, CY, EE, HU, MT, RO, SI: Unbound. 
Unbound  except  for  BE,    DK,  ES,  as  indicated  in  the 
horizontal  section  under  (iii)  and  subject  to  the    following 
specific limitations: 
BE, 
  University  degree  and  professional 
qualifications  and  three  years'  professional  experience  in  the 
sector. 
BE:  Economic  Needs  Test  is  required  if  the  gross  annual 

  DK,  ES: 

IT, CZ, SK: Residence requirement. 

LT:  Foreigners  must  pass  additional  qualification 
exam. 
Unbound except for BE,  DK, ES, as indicated in the 
horizontal section under (iii) 

EN 

65 

EN 

 
  
 
 
 
 
 
j) 
Services  provided 
by Nurses, Physiotherapists 
and Paramedical Personnel 
(CPC  93191*,  except  for 
AT  where  the  following 
activities  of  CPC  9319  are 
covered: 
nurses, 
physiotherapists, 
occupational 
logotherapists, 
and 
psychologists 
psychotherapists) 

therapists, 
dieticians 
nutricians, 
and 

salary of the natural person is below the threshhold of 30000 
Euro. 
1) 
2) 
3) 

Unbound except for FI, LU, PL and SE: None 
BG, CY, CZ, EE, HU, MT, RO, SI, SK: Unbound 
BG, CY, CZ, EE, HU, MT, RO, SI, SK: Unbound 

(no 

ES, PT:  Nurses – access restricted to natural persons. 
IT  :    Nurses  –  access  restricted  to  natural  persons. 
Professional  associations 
incorporation)  among 
natural persons permitted. 
FR:  Provision through a SEL (anonyme, à responsabilité 
limitée, ou en commandite par actions) or SCP only. 
AT:  Access  restricted  to  natural  persons  only  except  for 
psychologists and psychotherapists: none. 
SE:  Needs  test  applied  to  decide  the  number  of  private 
practices  to  be  subsidised  through  the  public  insurance 
scheme. 

LT: Access limited to sole proprietorship only. Economic 

needs test may be applied. 

PL:  Nationality requirement. 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 
  DK:  Limited authorization to fulfil a specific function can 

be given for maximum 18 months. 
PT:  Condition of nationality. 
IT:  Subject to economic needs test:  decision is subject to 
regional vacancies and shortages. 
AT:  natural  persons,  except  nurses,  psychologists  and 
psychotherapists  may  establish  a  professional  practice  in 
Austria  provided  that  the  person  concerned  has  practised 
the  profession  in  question  at  least  three  years  preceding 

1) 
None. 
2) 
Unbound 

Unbound  except  for  FI,  LU,  PL  and  SE: 

BG,  CY,  CZ,  EE,  HU,  MT,  RO,  SI,  SK: 

3)  BG, CY, CZ, EE, HU, MT, RO, SI, SK: Unbound 

LT: None except as under market access 

4) 
Unbound except as indicated in the horizontal  
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 
  DK:    Residence  requirement  in  order  to    obtain 
the 

necessary 
National Board of Health. 
BG, CY, CZ, EE, HU, MT, RO, SI, SK: Unbound 

individual  authorization 

from 

* 

Indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance. 

EN 

66 

EN 

 
  
 
 
 
 
 
 
                                                 
the setting up of the professional practice in Austria. 

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

PL: Nationality requirement in the case of midwives and 
nurses. 

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

Unbound except for BE, DE, DK, ES, as indicated in the 
horizontal  section  under  (iii)  and  subject  to  the  above 
conditions and the following specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical 
knowledge, 
professional  qualifications  and  three  years'  professional 
experience in the sector. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 

demonstrating 

qualification 

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

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

1) 
2) 
SE, SI, SK: Unbound 

Unbound 
AT, BG, CY, CZ, EE, FI, HU, LT, LV, MT, PL, RO, 

1) 
2) 
PL, RO, SE, SI, SK: Unbound 

Unbound 
AT, BG, CY, CZ, EE, FI, HU, LT, LV, MT, 

EN 

67 

EN 

 
  
 
 
 
 
 
 
3)29 AT, BG, CY, CZ, EE, FI, HU, LV, LT, MT, PL, RO, SE, 

SI, SK: Unbound 
DE, DK, ES, EL, IT30, LU, NL, PT:  Access restricted to 
natural persons only. 
BE, DK, ES, FR, EL, IT, LU, PT,: Degree of pharmacist 
required. 

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

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

4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the specific conditions: 

  Condition  of  nationality. 

AT, BG, CY, CZ, EE, FI, HU, LV, LT, MT, PL, RO, SE, 
SI, SK: Unbound  
FR: 
  However,  within 
established  quotas,  access  for  third  country  nationals  is 
possible  provided  the  service  provider  holds  the  French 
degree in pharmacy. 
DE, EL:  Condition of nationality. 
Unbound  except  for  BE,    DK,  ES  as  indicated  in  the 
horizontal section under (iii) and subject to the following 
specific limitations: 
BE,    DK,  ES:    University  degree  and  professional 
qualifications  and  three  years'  professional  experience  in 
the sector. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 

3) 
RO, SE, SI, SK: Unbound 

AT, BG, CY, CZ, EE, FI, HU, LT, MT, PL, 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  specific 
conditions 

AT,  BG,  CY,  CZ,  EE,  FI,  HU,  LV,  LT,  MT,  PL, 
RO, SE, SI, SK: Unbound 
IT, PT:  Residence requirement 

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

B. 

Computer 

and 

29 Where the establishment of pharmacies is subject to an economic needs test, the main criteria taken into account are:  the population, the number of existing pharmacies and 

their geographical density. These criteria are applied on a national treatment basis except for FR. 

30  Additional commitment: in IT, professional association (no incorporation) among natural persons is permitted. 

EN 

68 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
None 
1) 
None 
2) 
None 
3) 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section under (i) and (ii) and subject to the following specific 
limitations: 
RO: Unbound for (ii) 

None 
1) 
None 
2) 
None 
3) 
Unbound except as indicated in the horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 
RO: Unbound for (ii) 

Related Services 
Consultancy 
a) 
Services 
the 
to 
related 
Installation  of  Computer 
Hardware 

(CPC 841) 
b) 
Software 
Implementation Services 

(CPC 842) 
Data  Processing 

Data 

c) 
Services (CPC 843) 
d) 
Services 
(CPC 
Maintenance 
Repair (CPC 845) 

Base 

844)   
and 

e) 
Other  Computer 
(All  Member 
Services 
States  except  BG:  CPC 
849.  BG: 
only  Data 
preparation  services  (CPC 
8491)) 

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

Unbound  except  for  BE,  DE,  DK,  ES,  EL,  IT,  LU,  NL, 
SE where: as indicated in the horizontal section under (iii) 
and subject to the following specific limitations: 
 IT,  NL:    Unbound,  except  for  computer  scientists, 
systems  analysts,  programmers,  software  document 
analysts and field engineers where:  university degree and 
three years' professional experience in the sector. 
BE,  DE,  DK,  ES:  University  degree  or  equivalent 
technical  qualification  demonstrating  knowledge,  and 
three years professional experience in the sector. 
SE:  University  degree  and  three  years  professional 
experience in the sector. 

BE: Economic Needs Test is required if the gross annual 

EN 

69 

EN 

 
  
 
 
 
 
 
and 

Research 

C. 
Development Services 
a) R&D services on natural 
sciences 
(All  Member  States  except 
LV:  CPC  851.  LV:  only 
experimental  development 
services  on  chemistry  and 
biology-CPC 85102) 

salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 

IT:  Compliance with an economic needs test is required. 

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

2) 3) None except for CY, CZ, FR,  IE, LT, MT, PL, 

1) 
RO, SK: unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 
CY, CZ, FR,  IE, LT, MT, PL, RO, SK: Unbound 

2) 3) None except for CY, CZ, FR,  IE, LT, 

1) 
MT, PL, RO, SK: unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 
CY, CZ, FR,  IE, LT, MT, , PL, RO, SK: Unbound 

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

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

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

BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 

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

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

EN 

70 

EN 

 
  
 
 
 
b) 
R  &  D  Services 
on  Social  Sciences  and 
Humanities 

(CPC 852) 

- Compliance with an economic needs test is required. 

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

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

RO: Unbound 
1) 
RO: Unbound 
2) 
3) 
IT:    Access  to  the  profession  of  psychologist  is 
restricted to natural persons only.  Professional association (no 
incorporation) among natural persons is permitted. 
PT:  Access to the profession of psychologist is restricted to 
natural persons only. 
RO: Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 
RO: Unbound 

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

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

BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro.  

FR: -The researchers are in possession of an employment 

1) 
2) 
3) 

RO: Unbound 
RO: Unbound 
RO: Unbound 

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

IT, PT:  Residence requirement for psychologists 
RO: Unbound 

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

EN 

71 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
c)  Interdisciplinary  R  &  D 
services (CPC 853) 

contract from a research body. 

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

- Compliance with an economic needs test is required. 

-  The  research  body  must  pay  a  tax  to  the  International 
Migration Office. 
For  HU  only:  Personalities  of  internationally  recognized 
reputation  who  have  been  invited  by  scientific  research 
institutes for the duration of the invitation. 

1) 2) 3) None except for CY, CZ, FR,  IE, LT,  LV, MT, PL, 
RO, SK: unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 
CY, CZ, EE,  IE, LT, LV, MT, PL, RO, SK: Unbound 

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

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

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro.  

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

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

1)  2)  3)  None  except  for  CY,  CZ,  FR,    IE,  LT,  LV, 
MT, PL, RO, SK: unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 
CY, CZ, EE,  IE, LT, LV, MT, PL, RO, SK: Unbound 
Unbound  except  for  BE,  DE,  DK,  ES  and  FR  where 
concerning  the  temporary  entry  of  researchers  as 
indicated in the horizontal section under (iii) 

EN 

72 

EN 

 
  
 
 
 
 
 
 
- Compliance with an economic needs test is required. 

-  The  research  body  must  pay  a  tax  to  the  International 
Migration Office. 
For  HU  only:    Personalities  of  internationally  recognized 
reputation  who  have  been  invited  by  scientific  research 
institutes for the duration of the invitation. 

Estate 

1)  BG,  CY,  CZ,  EE,  HU,  IE,  LV,  LT,  MT,  PL,  RO,  SK, 

SI: Unbound. 

Real 

D. 
Services* 
a) 
Leased Property 

Involving  Own  or 

(CPC 821) 

On 

a  Fee  or 
(e.g. 

b) 
Contract Basis  
Property  Evaluation,  Estate 
Management, etc.) 

(CPC 822) 

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

2)  BG,  CY,  CZ,  EE,  HU,  LV,  LT,  MT,  PL,  RO,  SK,  SI: 
Unbound  

2) 
SK, SI: Unbound  

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, 

3) 
Unbound 

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

ES:  Access through natural persons, partnership or "sociedad 
en comandita" only. 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  sunject  to  the  following 
limitations: 
BG,  CY,  CZ,  EE,  HU,  LV,  LT,  MT,  PL,  RO,  SK,  SI: 
Unbound 

1)  BG,  CY,  CZ,  EE,  HU,  IE,  LV,  LT,  MT,  PL,  RO,  SK, 

SI: Unbound. 

2) 
Unbound  

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

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

3) 
Unbound 
ES:  Access is restricted to natural persons. 

3) 
SK, SI: Unbound 

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 
BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: 
Unbound 
IT, PT:  Residence requirement. 
1) 
RO, SK,  SI: Unbound. 
2) 
SK, SI: Unbound  
3) 
SK, SI: Unbound 
DK:    Authorization  for  authorized  estate  agent  may 
limit the scope of activity. 

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, 

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, 

BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, 

* 

EN 

The Service involved relates to the profession of real estate agents and does not affect any rights and/or restrictions on natural and legal persons purchasing real estate. 

73 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 

BG,  CY,  CZ,  EE,  HU,  LV,  LT,  MT,  PL,  RO,  SK,  SI: 
Unbound 
DK:    Authorized  estate  agent:  Residence  requirement 
unless  waived  by  the  Danish  Commerce  and  Companies 
Agency. 
agent:  Residence 
requirement unless waived by the Danish Commerce and 
Companies Agency. 

  Unauthorized 

estate 

Rental/Leasing 

E. 
Services without Operators 
Relating to ships 
a) 
(CPC 83103) 

Relating 

b) 
Aircraft 
(CPC 83104) 

to 

1) 
notification. 

FR:    Chartering  of  all  ships  is  subject  to  prior 

BG, CY, HU, MT, PL, RO: Unbound 
BG, CY, MT, PL, RO: Unbound 

2) 
FR: Chartering of all ships is subject to prior notification. 
3) 

BG, CY, MT, PL, RO: Unbound 

FR:  Chartering of all ships is subject to prior notification. 
SE: To fly the Swedish flag proof of dominating Swedish 
operating  influence  must  be  shown  in  case  of  foreign 
ownership interests in ships. 

LT: Ships  must  be  owned  by  Lithuanian  natural  persons or 
companies established  in Lithuania 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, MT, PL, RO: Unbound 
BG, CY, CZ, HU, LV, MT, PL, RO, SK: Unbound 
1) 
2) 
All  Member  States  except  BG,  CY,  CZ,  LV,  MT, 
PL, RO, SK::  Aircraft used by Community air carriers have 
to be registered in the Member State licensing the air carrier 
or elsewhere in the Community.  Waivers can be granted for 
short term lease contracts or under exceptional circumstances. 
BG, CY, CZ, LV, MT, PL, RO, SK: Unbound 

BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, 
SI: Unbound 
DK:    Authorized  and  unauthorized  estate  agent:  
Residence  requirement  unless  waived  by  the 
Danish Commerce and Companies Agency. 
IT, PT:  Residence requirement. 

1) 
2) 

3) 

BG, CY, MT, PL, RO: Unbound 
BG, CY, MT, PL, RO: Unbound 

BG, CY, MT, PL, RO: Unbound 

Unbound except as indicated in the horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, MT, PL, RO: Unbound 
1) 
Unbound 
2) 
Unbound 

BG,  CY,  CZ,  LV,  MT,  PL,  RO,  SK: 

BG,  CY,  CZ,  LV,  MT,  PL,  RO,  SK: 

EN 

74 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
3) 
All  Member  States  except  BG,  CY,  CZ,  LV,  MT, 
PL, RO, SK::  To be registered in the aircraft register of these 
Member  States,  the  aircraft  must  be  owned  either  by  natural 
persons  meeting  specific  nationality  criteria  or  by  legal 
persons  meeting  specific  criteria  regarding  ownership  of 
capital and control (including nationality of directors). 
BG, CY, CZ, LV, MT, PL, RO, SK: Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, CZ, LV, MT, PL, RO, SK: Unbound 
BG, CY, HU, LV, MT, PL, RO, SI: Unbound 
1) 
BG, CY, LV, MT, PL, RO, SI: Unbound 
2) 
BG, CY, LT, LV, MT, PL, RO, SI: Unbound 
3) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, LT, LV, MT, PL, RO, SI: Unbound 
BG, CY, CZ, HU, LV, MT, PL, RO, SK: Unbound 
1) 
BG, CY, CZ, LV, MT, PL, RO, SK: Unbound 
2) 
BG, CY, CZ, LV, MT, PL, RO, SK: Unbound 
3) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, CZ, LV, MT, PL, RO, SK: Unbound 

c) 
Relating  to  Other 
Transport Equipment (CPC 
83101, 83102, 83105) 

d) 
Machinery and Equipment 

Relating  to  Other 

(CPC 
83107, 83108, 83109) 

83106, 

3) 
Unbound 

BG,  CY,  CZ,  LV,  MT,  PL,  RO,  SK: 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, CZ, LV, MT, PL, RO, SK: Unbound 
BG, CY, LV, MT, PL, RO, SI: Unbound 
1) 
BG, CY,  LV, MT, PL, RO, SI: Unbound 
2) 
BG, CY, LT, LV, MT, PL, RO, SI: Unbound 
3) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, LT, LV, MT, PL, RO, SI: Unbound 
1) 
Unbound 
2) 
Unbound 
3) 
Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, CZ, LV, MT, PL, RO, SK: Unbound 

BG,  CY,  CZ,  LV,  MT,  PL,  RO,  SK: 

BG,  CY,  CZ,  LV,  MT,  PL,  RO,  SK: 

BG,  CY,  CZ,  LV,  MT,  PL,  RO,  SK: 

EN 

75 

EN 

 
  
 
 
 
 
 
 
 
e) 

Other (CPC 832) 

1)  All Member States except EE, LV, LT: Unbound  

1)  All  Member  States  except  EE,  HU,  LV,  LT: 

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

EE, LT, LV: None 

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

Unbound 

EE, HU, LV, LT: None 

EE, HU, LV, LT: None 

Unbound 

2)  All  Member  States  except  EE,  HU,  LV,  LT: 

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

EE, HU, LV, LT: None 

EE, HU, LV, LT: None 

3)  All  Member  States  except  EE,  HU,  LV,  LT: 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 

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

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

Rental 
with Operators 

Services 

Rental  of  Vessels 

with Crew 

(CPC 7213, 7223) 

1) 
notification. 

FR:    Chartering  of  all  ships  is  subject  to  prior 

  AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SK, 

SI: Unbound. 

2) 
notification. 

FR:    Chartering  of  all  ships  is  subject  to  prior 

AT,  BG,  CY,  EE,    HU,  MT,  PL,  RO,  SE,  SI,  SK:  

Unbound. 
3) 
notification. 

FR:  Chartering  of  all  ships  is  subject  to  prior 

Unbound 

EE, HU, LV, LT: None 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 

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

Unbound  

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

LV, LT: None 

1)  AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, 

SE, SK, SI: Unbound. 

2)  AT, BG, CY, EE,  HU, LV, MT,  PL, RO, SE, SI, 

SK:  Unbound. 

AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, 

3) 
RO, SE, SK, SI: Unbound. 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
conditions: 
BG,  CY,  EE,  HU,  LT,  MT,  PL,  RO,  SE,  SI,  SK: 
Unbound 

EN 

76 

EN 

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

Unbound. 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
conditions: 
BG, CY, EE, HU, LT, MT, PL, RO, SE, SI, SK: Unbound. 

Rental 

of 
Commercial Road Vehicles 
with Operator  

(CPC 7124) 

1)  AT, BG, CY, CZ, EE, HU, LV, LT, MT,PL, RO, SK, SI, 

1)  AT, BG, CY, CZ, EE, HU, LV, LT, MT,PL, RO, 

SE: Unbound 

SK, SI, SE: Unbound 

2)   AT, BG, CY, CZ, EE, HU, LV, LT, MT,PL, RO, SK, SI, 

2)  AT, BG, CY, CZ, EE, HU, LV, LT, MT,PL, RO, 

SE: Unbound 

SK, SI, SE: Unbound 

3)  AT, BG, CY, CZ, EE, HU, LV, LT, MT,PL, RO, SK, SI, 

3)  AT, BG, CY, CZ, EE, HU, LV, LT, MT,PL, RO, 

SE: Unbound 

SK, SI, SE: Unbound 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
conditions: 
BG,  CY,  CZ,  EE,  HU,  LV,  LT,  MT,PL,  RO,  SK,  SI,  SE: 
Unbound 
2) 3) RO: Unbound 
1) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
conditions: 
BG, CY, CZ, EE, HU, LV, LT, MT,PL, RO, SK, SI, 
SE: Unbound 
2) 3) RO: Unbound 
1) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 

F. 
Services 
a) 

Other 

Business 

Advertising 

Advertising  

(All 

States 
Member 
except  BG,  PL,  SI:  CPC 
871; 

BG:  CPC  871 
excluding  advertising  of 
alcoholic 
alcohol, 
medicines, 
beverages, 
tobacco 
tobacco 
products; 

and 

EN 

77 

EN 

 
  
 
 
 
 
 
 
PL:  CPC 

871 

excluding 

advertising 

of 

tobacco  products, 
alcoholic 

beverages, 
pharmaceuticals; 

SI:  CPC  8711** 
8712**, excluding 
direct   mail  

and  

advertising, 

outdoor 
and 
advertising 
for 
excluding 
goods   subject  to    import 
authorisation  and   
excluding 
pharmaceutical) 

Market  Research 

b) 
and Opinion Polling  
(CPC 864) 

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

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

BE, DE, DK, ES, IT, UK, SE:  Relevant qualifications and 
three years' professional experience. 
IT,  UK:    Compliance  with  an  economic  needs  test  is 
required. 

EL:    Relevant  qualifications  and  five  years'  professional 
experience. 
1) 2) 3) RO: Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 

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

1) 2) 3) RO: Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 
Unbound  except  for  BE,  DE,  DK,  ES  as  indicated  in 
the horizontal section under (iii) 

EN 

78 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Management 

c) 
Consulting Services 
(CPC 865) 

Services  Related 
d) 
to  Management  Consulting 
(CPC 866) 

technical  qualification  demonstrating  knowledge    and 
three years' professional experience in the sector. 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
2) 3) None 
1) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound for (ii) 
Unbound except for BE, DE, DK, ES, EE, IT, LU, LV, UK, 
SE  as  indicated  in  the  horizontal  section  under  (iii)  and 
subject to the following specific limitations: 

IT,  UK:    Unbound  except  for  managers  and  senior 
consultants  where:    university  degree  and  three  years' 
professional experience. 
BE,  DE,  DK,  ES:  University  degree  or  equivalent 
technical  qualification  demonstrating  knowledge,  and 
three years professional experience in the sector. 
EE,  LV:    Unbound  except  for  professionals  where:  
university degree and five years of working experience in 
a related field. 
SE:  University  degree  and  three  years  professional 
experience in the sector. 

IT, UK:  Compliance with an economic needs test is required. 
1) 2) 3) BG, HU: Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, HU: Unbound 
RO: Unbound for (ii) 
Unbound except for BE, DE, DK, ES, EE, IT, LU, LV, UK, 
SE  as  indicated  in  the  horizontal  section  under  (iii)  and 
subject to the following specific limitations: 

 IT,  UK:    Unbound  except  for  managers  and  senior 

2) 3) None 
1) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound for (ii) 
Unbound except for BE, DE, DK, ES, EE, IT, LU, LV, 
UK,  SE  as  indicated  in  the  horizontal  section  under 
(iii) 

2) 3) BG, HU: Unbound 
1) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, HU: Unbound 
RO: Unbound for (ii) 
Unbound except for BE, DE, DK, ES, EE, IT, LU, LV, 
UK,  SE  as  indicated  in  the  horizontal  section  under 
(iii) 

EN 

79 

EN 

 
  
 
 
 
 
 
 
 
Technical  Testing 

e) 
and Analysis Services 
(All 

Member 
States  except  BG:  CPC 
8676.  BG:  only  Technical 
testing 
analysis 
and 
services, except for services 
issuance  of 
related 
official 
and 
similar  documents  (part  of 
CPC 8676)) 

to 
certificates 

consultants  where:    university  degree  and  three  years' 
professional experience. 
EE,  LV:    Unbound  except  for  professionals  where:  
university degree and five years of working experience in 
a related field. 
BE,  DE,  DK,  ES:  University  degree  or  equivalent 
technical  qualification  demonstrating  knowledge,  and 
three years professional experience in the sector. 
SE:  University  degree  and  three  years  professional 
experience in the sector. 

IT, UK:  Compliance with an economic needs test is required. 
1) 
IT:    Unbound  for  the  profession  of  biologist  and 
chemical analyst. 

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

2) 

3) 
persons only. 

ES:    Access  for  chemical  analysis  through  natural 

IT:    Access  for  the  profession  of  biologist  and  chemical 
  Professional 
analyst  through  natural  persons  only. 
association  (no  incorporation)  among  natural  persons  is 
permitted. 
PT:    Access  for  the  profession  of  biologist  and  chemical 
analyst through natural persons only. 
BG, CY, CZ, MT, PL, RO, SK, SE: Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)    and  subject  to  the  following 
limitations: 
CY, CZ, MT, PL, RO, SK, SE: Unbound 

1) 
and chemical analyst. 

IT:  Unbound  for  the  profession  of  biologist 

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

2) 

3) 

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

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

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

EN 

80 

EN 

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

BE, DE, DK, ES, UK, SE:  University degree or technical 
qualifications  demonstrating  knowledge  and  three  years' 
professional experience.  
EE:  Unbound except for professionals where:  university 
degree  and  five  years  of  working  experience  in  a  related 
field. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 

UK:  Compliance with an economic needs test is required 
1)  IT:    Unbound  for  activities  reserved  to  agronomist  and 

"periti agrari". 

RO: Unbound 
2)  
3)  ES:    Access  for  agronomist  and  engineers  in  forestry  is 

RO: Unbound 

restricted to natural persons. 

Advisory 

and 
f) 
Services 
Consulting 
to  Agriculture, 
Relating 
Hunting  and  Forestry  (SE: 
excluding hunting) 

BG,  HU:  part  of 

CPC 881 

persons 

PT:    Access  for  agronomist  is  restricted  to  natural 

CY, CZ, MT, PL, RO, SK: Unbound 
Unbound  except  for  BE,  DE,  DK,  ES,  EE,  LU,  UK, 
SE as indicated in the horizontal section under (iii) 

IT:    Unbound  for  activities  reserved  to 

1) 
agronomist and "periti agrari". 
RO: Unbound 
2)  
3) 

RO: Unbound 
RO: Unbound 

LT, 

LV, 

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

incidental 

IT:    Access  for  agronomist  and  "periti  agrari"  restricted  to 
natural  persons.  Professional  association  (no  incorporation) 
among natural persons is permitted. 
RO: Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 
IT,  PT: 

  Residence 

requirement 

for 

EN 

agronomists 

81 

EN 

 
  
 
 
  
 
 
 
 
 
 
 
 
 
Unbound except for BE, DE, DK and ES as indicated in 
the horizontal section under (iii) and subject to the above 
conditions and the following specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
1) 2) 3) CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: Unbound  
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: Unbound 

Unbound except for BE, DE, DK and ES as indicated in 
the horizontal section under (iii) and subject to the above 
conditions and the following specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
1) 
2) 
3)  ES,  PT:    Access  for  mining  engineers  is  restricted  to 

BG, RO: Unbound 
RO: Unbound 

natural persons. 
BG, LT, RO: Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 

FI:  The  right  to  seek,  claim  and  exploit  a  deposit  is 
limited  to  natural  persons  resident  within  the  EEA. 

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

1)  2)  3)  CY,  CZ,  EE,  LV,  LT,  MT,  PL,  RO,  SK,  SI: 
Unbound  
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: Unbound 
Unbound except for BE, DE, DK and ES as indicated 
in the horizontal section under (iii) 

BG, RO: Unbound 
1) 
RO: Unbound 
2) 
BG, LT, RO: Unbound 
3) 
4) 
Unbound except as indicated in the horizontal 
section  under (i) and (ii) and subject to the following 
specific limitations: 

PT: Residence requirement. 

LT, RO: Unbound 

Advisory 

g) 
Consulting 
Relating to Fishing 

and 
Services 

BG: part of CPC 882 

h) 
to Mining 

Services  Relating 

for 

repair 

BG:  Services  on  contract 
and 
basis 
dismantling  of  equipment 
in oil and gas fields (part of 
CPC 883) 

EN 

82 

EN 

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

Exemptions to the residency-requirement are granted by 
the Ministry of Trade and Industry. 

LT, RO: Unbound 

Unbound except for BE, DE, DK and ES as indicated in 
the horizontal section under (iii) and subject to the above 
conditions and the following specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro.  

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

i) 

BG: 

EE:  

Services 
incidental 
manufacturing 

to 

Services 
on 
contract  basis  for 
installation, 
the 
and 
repair 
maintenance 
of 
factory  equipment 
(part of CPC 885) 

consulting 
services relating to 
manufacturing 
(part 
of  CPC 
884+part  of  885 
except for 88442) 

HU 

consulting 

1)  All Member States except BG, EE, HU: Unbound  

1)  All Member States except BG, EE, HU: Unbound  

  BG, EE, HU: None 

  BG, EE, HU : None  

2)  All Member States except BG, EE, HU: Unbound  

2)  All Member States except BG, EE, HU: Unbound  

  BG, EE, HU: None 

  BG, EE, HU, : None 

3)  All Member States except BG, EE, HU : Unbound  

3)  All Member States except BG, EE, HU: Unbound  

  BG, EE, HU : None 

  BG, EE, HU: None 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 

  All Member States except BG, EE, HU: Unbound  

  All Member States except BG, EE, HU: Unbound  

  BG,  EE,  HU:  Unbound  except  as  indicated  in  the 

  BG, EE, HU:  Unbound except as  indicated in the 

horizontal section  

horizontal section 

EN 

83 

EN 

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

1) 2) 3)   All  Member  States  except  HU,  LV,  LT,  SI: 

  HU, LV, LT, SI: None 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 

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

Unbound  

  HU, LV, LT, SI: None 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 

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

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

Unbound 

horizontal section  

  HU,  LT  and  SI:  Unbound  except  as  indicated  in 

the horizontal section 

LV: None 

j)  

services relating to 
manufacturing 
(part  of  CPC  884 
+  part  of  CPC 
885) 

to 

only 

Covers 

Services 
incidental 
energy 
distribution 
(LV: CPC 887.  
HU: 
consultancy 
services,  ex  CPC 
887.  
LT: 
consultancy 
services related to 
transmission 
the 
and 
distribution 
on  a  fee  basis  of 
electricity, 
gaseous 
steam 
water 
household, 
industrial, 
commercial 
and 
other  users-CPC 
88731 
SI: 

fuels, 
and  hot 
to 

Services 
Energy 

Incidental 

to 

31 LV: Service specified constitutes only a part of the total range of activities covered by the CPC concordance. 

EN 

84 

EN 

 
  
 
 
 
 
 
 
 
 
 
                                                 
Distribution - for gas only32 
– part of CPC 887) 
Placement 
k) 
Supply 
Services 
Personnel 

and 
of 

Executive  Search 

Services 

(CPC 87201) 

Placement Services 

1)  AT, BG, DE, ES , FI, IE,  PT, SE, CY, CZ, EE, LV, LT, 

1)  AT, BG, DE, ES, FI, IE, PT, SE, CY, CZ, EE, LV, 

MT, PL, RO, SK, SI: Unbound. 

LT, MT, PL, RO, SK, SI: Unbound. 

2)  AT, BG, FI, CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI 

2)  AT,  BG,  FI,  CY,  CZ,  EE,  LV,  LT,  MT,  PL,  RO, 

Unbound 

SK, SI Unbound 

3)  AT, BG, DE, FI, PT, CY, CZ, EE, LV, LT, MT, PL, RO, 

3)  AT,  BG,  DE,  FI,  PT,  CY,  CZ,  EE,  LV,  LT,  MT, 

SK, SI: Unbound 

PL, RO, SK, SI: Unbound 

ES:  State monopoly. 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
AT,  BG,  CY,  CZ,  EE,  FI,  LV,  LT,  MT,  PL,  RO,  SK,  SI:  
Unbound 
1) 

All Member States except HU: Unbound 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SK, 
SI:  Unbound 

1) 

All Member States except HU: Unbound 

(CPC 87202) 

HU: None 

HU: None 

2)  AT,  BG,  CY,  CZ,  EE,  FI,  LV,  LT,  MT,  PL,  RO,  SK: 

2)   AT,  BG,  CY,  CZ,  EE,  FI,  LV,  LT,  MT,  PL,  RO, 

Unbound 

SK: Unbound 

3)  AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, PT, RO, SK: 

3)  AT,  BG,  CY,  CZ,  EE,  FI,  LV,  LT,  MT,  PL,  RO, 

Unbound 

PT, SK: Unbound 

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

BE, FR, ES, IT:  State monopoly. 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
AT,  BG,  CY,  CZ,  EE,  FI,  LV,  LT,  MT,  PL,  RO,  SK:  

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SK:  
Unbound 

32 SI: Public utility exist; concession rights can be granted to the private operators established in the Republic of Slovenia. 

EN 

85 

EN 

 
  
 
 
 
 
 
 
 
                                                                                                                                                                                                                                           
Supply  Services  of  Office 
Support Personnel 

(CPC 87203) 

l) Security Services 

(CPC 
87303, 87304, 87305) 

87302, 

Unbound 
1) 
Unbound. 
2) 
3) 

AT,  BG,  DE,  FR,  IT,  IE,  NL,  PT,  RO,  SK: 

AT, BG, FI, RO, SK: Unbound 
AT, BG, DE, FI, PT, RO, SK: Unbound 
IT:  State monopoly. 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
AT, BG, FI, RO, SK: Unbound 

AT,  BG,  DE,  FR,  IT,  IE,  NL,  PT,  RO,  SK:  

1) 
Unbound. 
AT, BG, FI, RO, SK: Unbound 
2) 
AT, BG, DE, FI, PT, RO, SK: Unbound 
3) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
AT, BG, FI, RO, SK: Unbound 

1)  BE, BG, CY, CZ, ES, EE, FR, IT, LV, LT, MT, PT, RO, 

1)    BE,  BG,  CY,  CZ,  ES,  EE,  FR,  IT,  LV,  LT,  MT, 

PL, SI, SK:  Unbound. 

PT, PL, RO, SI, SK: Unbound. 

2) BG, CY, CZ, EE, LV, LT, MT, PL, RO,  SI, SK: Unbound  
3) BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Unbound. 
ES:  Access through Sociedades Anonimas, Sociedades de 
Sociedades  Anonimas 
Responsabilidad  Limitada, 
Laborales  and  Sociedades  Cooperativas  only.  Access  is 
subject 
the 
authorization, the Council of Ministers takes into account 
conditions such as competence, professional integrity and 
independence, adequacy of the protection provided for the 
security of the population and the public order. 

to  prior  authorization. 

In  granting 

DK:  Unbound for airport guard services. Requirement to be a 
national legal person. Access is subject to prior authorization.  
In granting the authorization, the Ministry of Justice takes into 
account conditions such as competence, professional integrity 
and independence, experience and good reputation of the firm 
seeking establishment. 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section under (i) and (ii) and subject to the following specific 
limitations: 
DK: 
requirement for managers. 
FR:    Requirement  of  nationality  for  managing  directors  and 
directors. 

  Unbound  for  airport  guard  services.  Nationality 

2)  BG,  CY,  CZ,  EE,  LV,  LT,  MT,  PL,  RO,  SI,  SK: 

Unbound 

3)  BG,  CY,  CZ,  EE,  LV,  LT,  MT,  PL,  RO,  SI,  SK: 

Unbound. 

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

Unbound except as indicated in the horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 

  Unbound 

DK: 
Residence requirement for managers. 

for  airport  guard  services. 

BE:  Residence requirement for management 

personnel. 

EN 

86 

EN 

 
  
 
 
 
 
 
 
 
 
 
m) 
Related  Scientific 
and  Technical  Consulting 
Services*  
8675) 

(CPC 

BE:  Condition of nationality for management personnel. 
ES, PT:  Nationality requirement for specialized personnel. 
IT:    Nationality  requirement  in  order  to  obtain  necessary 
authorization  for  security  guard  services  and  the  transport  of 
valuables. 
BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Unbound 
1) 
FR : Unbound for exploration services. 
BG, RO: Unbound 
2) 

BG, RO: Unbound 

3)  FR:    "Surveying":  Access  through  a  SEL    (anonyme,  à 
responsabilité  limitée  ou  en  commandite  par  actions), 
SCP, SA and SARL only. 
IT:    For  certain  exploration  services  activities  related  to 
mining    (minerals,  oil,  gas,  etc.),  exclusive  rights  may 
exist. 
ES:    Access  to  profession  of  surveyors  and  geologists 
through natural persons only. 

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

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

1) 
FR: Unbound for exploration services. 
DE:    Application  of  the  national  rules  on  fees  and 
emoluments  for  all  surveying  services  which  are 
performed from abroad. 
BG, RO: Unbound 
2) 
FR: “Exploration and prospection services” subject to 
authorization. 
BG, RO: Unbound 

persons 

PT:  Access restricted to natural persons. 
IT :  Access to profession of surveyors and geologists through 
natural 
(no 
only.  Professional 
incorporation) among natural persons permitted 
BG, RO: Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 

association 

DE:    Conditions  of  nationality  for  publicly  appointed 
surveyors. 
FR: 
the 
establishment  of  property  rights  and  to  land  law  are 

  "Surveying"  –  operations 

relating 

to 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 
IT, PT:  Residence requirement. 
BG, RO: Unbound 

* 

The service involved excludes operation of mines. 

EN 

87 

EN 

 
  
 
 
 
 
 
 
                                                 
reserved for EC "experts-géomètres". 
BG, RO: Unbound 
Unbound except for BE, DE, DK, ES, EE as indicated in 
the horizontal section under (iii) and subject to the above 
conditions and the following specific limitations: 
BE,  DE,  DK,  ES:    University  degree  and  professional 
qualifications  and  three  years'  professional  experience  in 
the sector. 
EE:  Unbound except for professionals where:  university 
degree  and  five  years  working  experience  in  a  related 
field. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 

BG, RO: Unbound 

  Conditions  of  nationality  for  publicly  appointed 

DE: 
surveyors. 
1) 
2) 3) RO: Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 

Unbound except for BE, DE, DK, ES, EE as indicated 
in the horizontal section under (iii) and subject  to the 
following conditions: 
DE:  Application  of  the  national  rules  on  fees  and 
emoluments for all services which are performed from 
abroad. 

BG, RO: Unbound 

1) 
2) 3) RO: Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 

Maintenance  and 

n) 
Repair of Equipment 
(not 

including 
Maritime  Vessels,  Aircraft 
or 
Transport 
Other 
Equipment) 

(All 

Member 
States  except  BG,  EE,  LT, 
LV:  CPC  633,  8861,  8866. 
BG:  Repair  services  of 
personal  and  household 
goods 
jewellery) 
CPC 63301, 63302, part of 
63303,  63304,  63309.  EE, 
LT, LV: 633, 8861-8866) 

(excl. 

Unbound except for BE, DE, DK and ES as indicated in 
the  horizontal  section  under  (iii)  and  subject  to  the  
following specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 

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

EN 

88 

EN 

 
  
 
 
 
 
 
 
 
 
 
o) 
Services (CPC 874) 

Building-Cleaning 

p) 
Services 

Photographic 

(All 

Member 
States  except  BG:  CPC 
875.  All  Member  States 
excluding BG, CZ, EE, LV, 
PL:  excluding  retail.  BG: 
part of CPC 87501, 87502, 
87503,  part  of  87504, 
87506,  87507  excluding 
passport 
aerial 
photography. PL: excluding 
aerial photography) 

and 

years' professional experience in the sector. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 

All Member States except BG, EE, HU, LV, LT, PL, 

Unbound* 
1) 
3)  RO: Unbound 
2) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 
1) 
RO: Unbound except for aerial photography: none 
BG, EE, HU, LV, LT, PL: None 
RO: Unbound 
2) 
3)  BG: None, except for the X-ray photo labs that are subject 
to licensing. 
RO: Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 

RO: Unbound 

Unbound except for BE, DE, DK and ES as indicated in 
the  horizontal  section  under  (iii)  and  subject  to  the 
following specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 

Unbound* 
1) 
3) RO: Unbound 
2) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 
1) 
All Member States except BG, CZ, HU, LV, 
LT, PL, RO: Unbound except for aerial photography: 
none 
BG, CZ, HU, LV, LT, PL: None 
RO: Unbound 

RO: Unbound 

2) 
3) RO: Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 
Unbound except for BE, DE, DK and ES as indicated 
in the horizontal section under (iii) 

q) 

Packaging 

1) 

Unbound* 

1) 

Unbound 

* 

A commitment on this mode of supply is not feasible. 

EN 

89 

EN 

 
  
 
 
 
 
 
 
 
                                                 
Services 

(CPC 876) 

r) 
Publishing 

Printing 

and 

3) RO: Unbound  
2) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 
1) 
3)  IT:  Foreign participation in publishing companies limited 

BG, RO: Unbound 

2) 

(CPC 88442) 

to 49 per cent of capital or of voting rights. 

LT:  Establishment  rights  in  publishing  sector  granted 
only to Lithuanian incorporated legal persons. 

LV: Establishment rights in publishing sector granted only 
to Latvian incorporated legal persons 

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

SK:  Establishment  rights  in  publishing  sector  granted 
only to Slovak incorporated legal persons 

BG, RO: Unbound 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
PL:  Nationality  requirements  for  the  editor-in-chief  of 
newspapers and journals. 
BG, RO: Unbound 
2) 
1) 
BG, RO: Unbound 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, RO: Unbound 

3) 

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

Convention 

s) 
Services 
(  AT:  only  exhibition 
management services) 

RO: Unbound 

3)  
2) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 
2) 
1) 
BG, RO: Unbound 
3) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, RO: Unbound 

BG, RO: Unbound 

2) 3) BG, RO: Unbound 
1) 
Unbound except as indicated in the horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, RO: Unbound 
Unbound except for BE, DE, DK and ES as indicated 
in the horizontal section under (iii) 

EN 

90 

EN 

 
  
 
 
 
 
 
 
 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 

1) 
3) 

2) BG, RO: Unbound 
BG, RO: Unbound 

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

  Authorized  public 

interpreters: 
DK: 
Citizenship condition unless waived by the Danish Commerce 
and Companies Agency. 
BG, RO: Unbound 

translators  and 

t) 

Other 
Translation 

Services 

(CPC 87905) 
(HU: 
official 
except 
translation.  PL:  excluding 
services 
sworn 
of 
interpreters.  SK:  except 
public 
authorised 
translation 
and 
interpretation) 

Unbound except for BE, DE, DK, ES, EL, IT, IE, UK, SE as 
indicated  in  the  horizontal  section  under  (iii)  and  subject  to 
the following specific limitations: 
EL:    Relevant  qualifications  and  five  years'  professional 
experience. 
IT,  IE,  SE,  UK:    Relevant  qualifications  and  three  years' 
professional experience. 
BE,  DE,  DK,  ES:  University  degree  or  equivalent  technical 
qualification  demonstrating  knowledge,  and  three  years 
professional experience in the sector. 
BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro 
IT, UK: Compliance with an economic needs test is required. 
1) 

BG, RO: Unbound  

Interior Design Services 

2) BG, RO: Unbound 

1) 
3)  DK: Authorization for authorized public translators 
and interpreters may limit the scope of activity. 

BG, RO: Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 

DK:  Authorized public translators and interpreters:  
residence requirement unless waived by the Danish 
Commerce and Companies Agency. 

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

1) 

DE:  Application of the national rules on fees 

EN 

91 

EN 

 
  
 
 
 
 
 
 
 
 
 
(CPC 87907)* 

BG, RO: Unbound 
2) 
BG, RO: Unbound 
3) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, RO: Unbound 

and  emoluments  for  all  services  which  are  performed 
from abroad. 
BG, RO: Unbound 
BG, RO: Unbound 
2) 
BG, RO: Unbound 
3) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, RO: Unbound 

to 

and 

Courier 

COMMUNICATION 

2. 
SERVICES 
Postal 
services33  
Services  relating 
the 
handling34 of postal items35 
according  to  the  following 
list of sub-sectors, whether 
for  domestic  or  foreign 
destinations.  
Sub-sectors  (i),  (iv)    and 
(v) may be excluded  when 
they  fall  into  the  scope  of 
the  services  which  may  be 
reserved,  which 
for 
items  of  correspondence 
the  price  of  which  is  less 
than  five  times  the  public 
basic  tariff,  provided  that 
they  weigh  less  than  350 

is: 

1) 2) 3) All Member States except BG, CY, CZ, EE, HU, LT, 
LV,  MT,  PL,  RO,  SK,  SI:  Licencing  systems  may  be 
established  for  sub-sectors  (i)  to  (v)  for  which  a  general 
Universal Service  Obligation  exists.  These licences  may  be 
subject  to  particular  universal  service  obligations  and/or 
financial contribution to a compensation fund.  
BG, CY, HU, LV, MT, RO, SI: Unbound. 
EE, LT,: Unbound except for (v): None 
PL:  Unbound  except  for  (v):  None,  excluding  written 
correspondence (e.g. letters). 
CZ, SK: Unbound except for (v) under mode 2 and 3: None  
4)  Unbound  except  as  indicated  in  the  horizontal  section 
under (i) and (ii) and subject to the following limitations: 
BG, CY, HU, LV, MT, RO, SI: Unbound 
CZ, EE, LT, PL, SK: Unbound except for (v) where unbound 
except as indicated in the horizontal section under (i) and (ii) 
(PL: excludng written correspondence, e.g. letters) 

1)  2)  3)  All  Member  States  except  BG,  CY,  CZ,  EE, 
HU, LT, LV, MT, PL, RO, SK, SI: None  
BG, CY, HU, LV, MT, RO, SI: Unbound. 
EE, LT,: Unbound except for (v): None 
PL:  Unbound except  for  (v):  None,  excluding  written 
correspondence (e.g. letters).CZ, SK: Unbound except 
for (v) under mode 2 and 3: None 
4)  Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, HU, LV, MT, RO, SI: Unbound 
CZ,  EE,  LT,  PL,  SK:  Unbound  except  for  (v)  where 
unbound  except  as  indicated  in  the  horizontal  section 
excludng  written 
under 
correspondence, e.g. letters) 

(PL: 

and 

(ii) 

(i) 

Independent  national 
regulatory  authorities 
have been established 
to  ensure  compliance 
with postal regulation 
and 
to  deal  with 
between 
conflicts 
commercial  partners 
(public  or  private). 
The  right  to  a  postal 
is 
universal  service 
ensured. 

Indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance. 

* 
33 The commitment is listed according to the proposed classification that has been notified to WTO by the EC and its Member States on 23 March 2001 (WTO document 

S/CSS/W/61). 

34 The term “handling” should be taken to include clearance, sorting, transport and delivery. 
35 “Postal item” refers to items handled by any type of commercial operator, whether public or private. 

EN 

92 

EN 

 
  
 
 
 
 
                                                 
grams36, plus the registered 
mail  service  used  in  the 
course  of 
judicial  or 
administrative procedures. 
(i)  Handling  of  addressed 
written  communications  on 
any  kind 
of  physical 
medium37, including 

- Hybrid mail service 
- Direct mail 

(ii)  Handling  of  addressed 
parcels and packages38 
(iii)  Handling  of  addressed 
press products39 
(iv)  Handling  of 
items 
referred  to  in  (i)  to  (iii) 
above  as 
registered  or 
insured mail 
(v) 
delivery 
services40 for items referred 
to in (i) to (iii) above 
(vi)  Handling  of  non-
addressed items 
(vii) Document exchange41 
(viii)  Other  services  not 

Express 

36 “Items of correspondence” : a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the 

item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence. 

37 E.g. letter, postcards. 
38 Books, catalogues are included hereunder. 
39 Journals, newspapers, periodicals. 
40  Express  delivery  services  may  include,  in  addition  to  greater  speed  and  reliability,  value  added  elements  such  as  collection  from  point  of  origin,  personal  delivery  to 

addressee, tracing and tracking, possibility of changing the destination and addressee in transit, confirmation of receipt. 

41 Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between 

users subscribing to this service.  Postal item refers to items handled by any type of commercial operator, whether public or private. 

EN 

93 

EN 

 
  
                                                                                                                                                                                                                                           
elsewhere specified 
2.C  Telecommunications 
services 
Telecommunications services are the transport of electro-magnetic signals - sound, data image and any combinations thereof, excluding broadcasting42. Therefore, commitments 
in this schedule do not cover the economic activity consisting of content provision which require telecommunications services for its transport. The provision of that content, 
transported via a telecommunications service, is subject to the specific commitments undertaken by the Community and its Member States in other relevant sectors. 

BG:  Measures Applicable to All Sectors in Communication Services: 
1. The setting up of public or private telecommunications networks is subject to licensing. All services have to be provided over licensed networks or over leased lines as part of 
licensed networks. Licences are issued by a Bulgarian authorized body to the applicant personally and cannot be transferred to a third party. Simple resale of telecommunication 
services is not permitted.  
2. The connection to a public network is permitted according to the licence conditions for the public network and depending on technical possibilities. Terminal equipment 
intended for direct or indirect connection to a public or private telecommunications network can be connected to a network termination point if it is assessed for conformity with 
essential requirements. 
3. Natural and juridical persons exercising statistical activity and setting up information systems are to use concepts, nomenclatures and classifications, which are compatible to 
those established by the National Statistical Institute. 
Domestic and international 
Domestic and international 
services  provided  using 
any  network  technology, 
on  a  facilities  based  or 
resale basis, for public and 
non-public  use, 
the 
following market segments 
(these  correspond  to  the 
following  CPC  numbers: 
7521,  7522,  7523,  7524**, 
7525,  7526  and  7529**, 
broadcasting is excluded): 
ALL SECTORS 

BG:  The  installation  and  usage  of  telecommunication 

BG: As annexed. 

in 

 42Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of tv and radio programme signals to the general public, but does not cover contribution 

links between operators. 

** The service specified constitutes only a part of the total range of activities covered by the CPC concordance 

EN 

94 

EN 

 
  
 
 
 
 
 
 
 
 
                                                 
equipment  and  networks  and 
the  provision  of 
telecommunication  services  require  a  concession, 
licence,  permission  or  registration  from  a  Bulgarian 
authorised body. 
The  number  of  licences  may  be  limited  depending  on 
the availability of scarce resources and due to technical 
reasons (numbering capacity, temporary lack of access 
points). 
*BTC LTD - Bulgarian Telecommunications company 
LTD 

RO:  Licenses  and  permissions  are  granted  only  to  entities 
juridical  personality  established 

with  Romanian 
according to the Romanian legislation. 
Only Romanian Signatories have the right to links with 
International Satellite Organizations. 

1)  BG:  For  Facsimile  services:  Only  through  the  use  of  the 
international network of BTC Ltd. For Leased circuit services: 
Sale  and  lease  of  capacity  of  leased  circuits  is  not  allowed. 
For  Electronic  mail,  Voice  mail,  Electronic  data  interchange 
(EDI): Unbound. 
PL:  For  telecommunications    services  provided  using  cable 
television and radio network services: Unbound. 
2)  BG:  For  Electronic  mail,  Voice  mail,  Electronic  data 
interchange (EDI): Unbound. 
PL:  For  telecommunications    services  provided  using  cable 
television and radio network services: Unbound. 
3)  BG:  For  Facsimile  services:  Only  through  the  use  of  the 
international network of BTC Ltd. For Leased circuit services: 
Sale  and  lease  of  capacity  of  leased  circuits  is  not  allowed. 
For Electronic mail, Voice mail, On-line information and data 
base retrival and Electronic data interchange (EDI): Unbound. 
PL:  For  telecommunications  services  provided  using  cable 
television  and  radio  network  services:  The  limitation  of 
foreign capital and voting rights is 49%. 
SI:  Foreign  participation  may  not  exceed  99%  of  the  equity. 

of 

RO: As attached. 
Network 
operations 
and  services  supply 
require 
licences  or 
permissions  issued  by 
the 
regulatory 
authority. 
Licensing  conditions, 
for all subsectors, may 
the 
provide 
the 
application 
universal 
service 
principles  as  defined 
by 
regulatory 
the 
authority. 
Licensing 
BE: 
may 
conditions 
address  the  need  to 
universal 
guarantee 
service, 
including 
through  financing,  in 
transparent, 
a 
non-discriminatory 
and 
competitively 
neutral  manner  and 
  be  more 
will  not 
burdensome 
than 
necessary. 

1)  2)  3)  BG:  For  Electronic  mail,  Voice  mail, 
Electronic data interchange (EDI): Unbound. 
4)  Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG:  For  Electronic  mail,  Voice  mail,  Electronic  data 
interchange (EDI): Unbound. 
RO: Unbound for the categrory (ii) 

telephone 

Packet  switched  data 

Telex services  
Telegraph services  
Facsimile services  

a.  Voice 
services 
b. 
transmission services  
c.  Circuit-switched  data 
transmissions services  
d. 
e. 
f. 
g. 
services 
h.      Electronic mail 
i.      Voice mail 
j.            On-line  information 
and database retrieval 
k.          Electronic  data 
interchange (EDI) 
l.  Enhanced/value  added 
incl. 
facsimile 

  Leased  circuit 

services, 

EN 

95 

EN 

 
  
 
 
 
 
 
 
 
 
Store  and  forward,  store 
and retrieve 
m.  Code  and  protocol 
conversion 

o.  Other  services:  mobile 
personal 
and 
communications 
services 
and systems 

Licence  for  operation  granted  is  subject  to  obligations  of 
value-added  telecommunication  service  providers,  to  use 
basic telecommunications network. 
4)  Unbound  except  as  indicated  in  the  horizontal  section 
under (i) and (ii) and subject to the following limitations: 
BG:  For  Electronic  mail,  Voice  mail,  Electronic  data 
interchange (EDI): Unbound 
RO: Unbound for (ii) 
1)  2)  For  paging:  Unbound  except  pan-european  paging 
systems. 
3)  
PL:  For  public  cellular  mobile  telephone  services  and 
networks:  None  except  that  the  limitation  of  foreign  capital 
and voting rights is 49%. 
SI:  Foreign  participation  may  not  exceed  99%  of  the  equity. 
Licence  for  operation  granted  is  subject  to  obligations  of 
value-added  telecommunication  service  providers,  to  use 
basic telecommunications network. 
4)  Unbound  except  as  indicated  in  the  horizontal  section 
under (i) and (ii) and subject to the following limitations: 
RO: Unbound for (ii) 

1) 2) 3) None 
4)  Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound for (ii) 

BE: 
Licensing 
may 
conditions 
address  the  need  to 
universal 
guarantee 
service, 
including 
through  financing,  in 
a 
transparent, 
non-discriminatory 
and 
competitively 
neutral  manner  and 
  be  more 
will  not 
burdensome 
than 
necessary. 

Satellite services 

1) 2) 3) All Member States except BG: Unbound 

1) 2) 3) All Member States except BG: Unbound 

BG: None 

BG: None 

4)  Unbound  except  as  indicated  in  the  horizontal  section 
the  following 

under  (i)  and  (ii)  and  subject 
limitations: 

to 

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

All Member States except BG: Unbound 

All Member States except BG: Unbound 

BG:  Unbound  except  as  indicated  in  the  horizontal 
section 

BG:  Unbound  except  as 
horizontal section  

indicated 

in 

the 

VSAT-services 

1) 2) 3) All Member States except BG, RO: Unbound 

1) 2) 3) All Member States except BG, RO: Unbound 

EN 

96 

EN 

 
  
 
 
 
 
 
 
 
 
- 

- 

BG: None 

for public use 

RO: Unbound for public use 

for non public use 

4)  Unbound  except  as  indicated  in  the  horizontal  section 
the  following 

under  (i)  and  (ii)  and  subject 
limitations: 

to 

All Member States except BG, RO: Unbound 

BG:  Unbound  except  as  indicated  in  the  horizontal 
section 

RO:  Unbound  except  as  indicated  in  the  horizontal 
section. Unbound for public use. Unbound for Business 
Visitors. 

Telecommunications 
Related Services 

BG: None 
RO: Unbound for public use 

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

All Member States except BG, RO: Unbound 

BG:  Unbound  except  as 
horizontal section 

indicated 

in 

the 

RO:  Unbound  except  as 
the 
horizontal  section.  Unbound  for  public  use. 
Unbound for Business Visitors. 

indicated 

in 

EN 

97 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Equipment rental services 

1) 2) 3) All Member States except BG: Unbound 

1) 2) 3) All Member States except BG: Unbound 

(CPC 7541) 

BG: None 

BG: None 

Equipment sales services 

4)  Unbound  except  as  indicated  in  the  horizontal  section 
the  following 

under  (i)  and  (ii)  and  subject 
limitations: 

to 

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

(CPC 7542) 

All Member States except BG: Unbound 

All Member States except BG: Unbound 

BG:  Unbound,  except  as  indicated  in  the  horizontal 
section. 

BG:  Unbound,  except  as 
horizontal section. 

indicated 

in 

the 

Consulting services 

(CPC 7544) 
3. CONSTRUCTION AND 
RELATED 
ENGINEERING 
SERVICES 

(All 

Member 
States  except  BG:  CPC 
511,  512,  513,  514,  515, 
516,  517,  518.  BG:  CPC 
512,  5131,  5132,  5135, 
514,  5161,  5162,  51641, 
51643, 51644, 5165, 517. ) 

1)   For  All  Member  States  except  BG,  RO,  HU,  MT: 

Unbound* except for 5111 and 5114: none 
BG, RO, HU, MT: Unbound 

1)  For All Member States except BG, RO, HU, MT: 
Unbound* except for CPC 5111 and 5114: none  
BG, RO, HU, MT: Unbound 

2)  BG:  None  except  for  subsectors  other  than  CPC  517: 
None, except for the conditions specified in 4) below. 

HU, MT: Unbound 

RO: Unbound for CPC 511, 515, 518 

3)  HU, MT: Unbound 

BG:  None  except  for  subsectors  other  than  CPC  517: 
Foreign  persons  are  to  provide  the  services  only  in 
partnership  with,  or  as  subcontractors  of,  local  service 
suppliers  where  the  project  is  of  national  or  regional 
significance. This does not apply to projects which have 
been  put  up  for  international  auction  won  by  foreign 
service suppliers 

  Accreditation requirement. The main scope of the foreign 
person's activity to be the relevant services; experience in 
the  field  of  construction;  projects  performed  during  the 

2)  HU, MT: Unbound 

RO: Unbound for CPC 511, 515, 518 

3)  HU, MT: Unbound 
4)  Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the 
following limitations: 

HU, MT: Unbound 
RO: Unbound for (ii) 

*  A commitment on this mode of supply is not feasible. 

EN 

98 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
two  years;  staff  and 

through  employees  under 

last 
technical  capacity;  bank 
references from a first rank foreign bank. Services must be 
supplied 
the  conditions 
specified in 4) below. 
IT: 
  Exclusive  rights  are  granted  for  construction, 
maintenance and management of highways and the airport 
of Rome. 

4)  Unbound  except  as  indicated  in  the  horizontal  section 
under (i) and (ii) and subject to the following limitations: 
BG:  For  subsectors  other  than  CPC  517:  Access  is 
limited  to  natural  persons  upon  recognition  of  their 
technical  qualification  and  subject  to  accreditation  by  a 
professional chamber in the Republic of Bulgaria. 
Accreditation is subject  to following criteria: recognized 
technical qualification in Bulgaria; experience in the field 
of  construction;  projects  performed  during  the  last  two 
years. 
HU, MT: Unbound 
RO: Unbound for (ii) 
Unbound  except  for  BE,  DK,  ES,  FR  and  NL  where:  as 
indicated  in  the  horizontal  section  under  (iii)  and  subject 
to the following specific limitations: 
NL:  University degree and professional qualifications and 
three years' professional experience in the sector. 
BE,  DK,  ES:  University  degree  or  equivalent  technical 
qualification  demonstrating  knowledge,  and  three  years 
professional experience in the sector. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro.  
FR:    Unbound  except  for  measures  concerning  the 
temporary  entry  of  technicians  under  the  following 
conditions: 

-  The  technician  is  an  employee  of  a  legal  person 
within  the  territory  of  Chile  and  is  transferred  to  a 
commercial presence in FR which has a contract with 

Unbound except for BE, DK, ES, FR and NL where: 
as indicated in the horizontal section under (iii) 

EN 

99 

EN 

 
  
 
 
 
 
 
 
 
that legal person.  

-  The  work  permit  is  delivered  for  a  period  not 
exceeding six months. 
-  The  technician  presents  a  work  certificate  from  the 
commercial presence in FR and a letter from the legal 
person  within  the  territory  of  Chile  demonstrating  its 
agreement to the transfer.  

- Compliance with an economic needs test is required. 

-  The  commercial  presence  body  must  pay  a  tax  to  the 
International Migration Office. 

Unbound except for DE, SE and UK where as indicated in 
the horizontal section under (iii), only for CPC 5111, and 
subject to the following specific limitations: 

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

UK:  Compliance with an economic needs test is required. 

DE:    Unbound  except  for  limited  range  of  services  of  site 
investigation work where:  university degree and professional 
qualifications  and  three  years'  professional  experience  in  the 
sector. 

Unbound  except  for  DE,  SE  and  UK  where  as 
indicated in the horizontal section under (iii), only for 
CPC 5111 

1)  FR:  Unbound for traders and brokers working in market  1) 

BG: Unbound 

DISTRIBUTION 

4. 
SERVICES43 
A. 

Commission 

43  Excluding arms in all Member States except BG. Excluding explosives, chemical products and precious metals in all Member States except AT, BG, FI, RO, SE. Excluding 
pyrotechnical  goods,  ignitable  articles,  blasting  devices,  ammunition,  military  equipment,  tobacco  and  tobacco  products,    toxic  substances,  medical  and  surgical  devices, 
certain  medical  substances  and  objects  for  medical  use  in  AT.  Excluding  distribution  of  tobacco  and  tobacco  products,  alcoholic  beverages;  pharmaceutical,  medical  and 
orthopaedic goods, weapons, munitions and military equipment; precious metals, precious stones and articles thereof; petroleum and petroleum products in BG. Excluding 
distribution services for ammunition, explosives, narcotics and medicines containing narcotics, tobacco products and paper for cigarettes, alcohol and spirits in RO. Excluding 
distribution of pyrotechnical goods, ignitable articles and blasting devices, firearms, ammunition and military equipment, toxic substances and certain  medical substances in 
SI. 

EN 

100 

EN 

 
  
 
 
 
 
 
 
 
 
                                                 
Agents' Services   (All 
Member  States  except  BG, 
RO: CPC 621, 6111, 6113, 
6121.  BG44:  part  of  CPC 
62113  and  62114,  62115, 
62116. RO: CPC 621) 

B. 
Services45 

Wholesale  Trade 

(All 

Member 
States excluding PL, : CPC 
622,  61111,  6113,  6121. 
PL:  CPC  622  excluding 
62226, 
62251, 
62228, 
62252) 

of national interest. 
BG, MT: Unbound 
MT: Unbound 
2) 
MT: Unbound 
3) 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section under (i) and (ii) and subject to the following specific 
limitations: 
MT: Unbound 
FR:    Condition  of  nationality  for  activities  of  traders, 
commissioners,  and  brokers  working  in  twenty  (20)  markets 
of national interest 
RO: Unbound for (ii) 
 46  
1) 

FR :   Unbound for pharmacies. 

BG, MT: Unbound 
RO: Unbound except for CPC 622: None 

2)  MT: Unbound 
  RO: Unbound except for CPC 622: None 
3)  47    BG:  Licensing  for  specialized  wholesaling  services. 
Economic  needs  test,  the  main  criteria  are:  the  number 
and  the  impact  on  existing  stores,  population  density, 
geographic spread, impact on traffic conditions. 
FR:    Wholesale  pharmacies  are  authorized  according  to 
the needs of the population and within established quotas. 

PL: Licensing of establishment of companies in the area of 
wholesale trade in imported consumer goods. 

MT: Unbound 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 

FR:    Unbound  for  traders  and  brokers  working  in 
market of national interest. 
2)  MT: Unbound 
3)  MT: Unbound 
Unbound except as indicated in the horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 
MT: Unbound 

IT:  Residence requirement 

RO: Unbound for (ii). 

1)  BG, MT: Unbound 
  RO: Unbound except for CPC 622: None 
2)  MT: Unbound 
  RO: Unbound except for CPC 622: None 
3)  BG, MT: Unbound 
4)  
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 
MT: Unbound 

IT:  Residence requirement 
RO: Unbound for (ii). 

44 BG: The specific commitments do not include commission agents' services supplied at commodity exchange markets operated on a permanent basis. 
45 BG: The specific commitments do not include wholesale trade services supplied at commodity exchange markets operated on a permanent basis. 
46  Excluding tobacco in ES, IT. 
47 Excluding tobacco in ES, IT, FR. 

EN 

101 

EN 

 
  
 
 
 
 
                                                                                                                                                                                                                                           
C. 
48 

Retailing  Services 

(All 

Member 
States  except  BG:  CPC 
631,  632,  61112,  6113, 
6121,  613.  BG:  CPC 
61112;  part  of  CPC  6113; 
part of CPC 6121; CPC 631 
excluding 
and 
63108;  CPC  63211;  CPC 
6322;  CPC  6323;  CPC 
6324;  part  of  CPC  63292, 
63297) 

63107 

limitations: 

MT: Unbound 

for  wholesale  of 

  Condition  of  nationality 

FR: 
pharmaceuticals 
RO: Unbound for (ii). 
1)  BG, MT: Unbound 
  RO: Unbound except for CPC 631+632: None 
2)  MT: Unbound 
  RO: Unbound except doe CPC 631+632: None 
3)49  50  BE,  DK,  FR,  IT,  PT:  economic  needs  test  on 
department stores applied on a national treatment basis. 
  BG:  Licensing  for  specialized  retail  sales.  Economic 
needs test for the establishment of department stores, the 
main  criteria  are:  the  number  and  the  impact  on  existing 
stores,  population  density,  geographic  spread,  impact  on 
traffic conditions. 
SE:  Individual  municipalities  may  apply  economic  needs 
test  to  temporary  trade  in  clothing,  shoes  and  foodstuffs 
that are not consumed at the point of sale51 
MT: Unbound 

1)  BG, MT: Unbound 
  RO: Unbound except for CPC 631+632: None 
2)  MT: Unbound 
  RO: Unbound except for CPC 631+632: None 
3)  MT: Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
MT: Unbound 
RO: Unbound for (ii) 

Unbound  except  as  indicated  in  the  horizontal 
4) 
section under (i) and (ii), and subject to the following specific 
limitations: 

MT: Unbound 

FR:  Condition of nationality for tobacconists (i.e. buraliste) 

48 The coverage for EE, LT and LV includes CPC 633, 6111, 61221, 63234. Excluding CPC 613 in LT. Excluding alcoholic beverages in FI, S. Excluding CPC 61112, 6121, 
613, 63107, 63108, 63211 in PL. Excluding pharmaceutical products (part of CPC 63211) in all Member States, which is committed in professional services under 
"pharmacists". Distribution services away from a fixed location (direct selling) are considered included as retail services. CPC 633 (repair services of personal and 
houselhold goods) is committed under business services. This sector covers exclusively the distribution of merchandises. These are physical and transportable. 
49 Where establishment is subject to an economic needs test, the main criteria are: the number of and impact on existing stores, population density, geographic spread, impact on 

50  
51  

EN 

traffic conditions and creation of new employment. 

Excluding tobacco in ES, FR and IT. Excluding alcoholic beverages in IE. 
Sale on a permanent basis from a fixed point of sale or manufacturing facilities are not affected by these rules. 

102 

EN 

 
  
 
 
 
                                                 
D. 

Franchising 
(CPC 8929) 

PRIVATELY 

5. 
FUNDED  EDUCATION 
SERVICES 
Primary Education 
A. 
Services  (All 
Member 
States except EE: CPC 921. 
EE:  Compulsory  primary 
education services) 

RO: Unbound for (ii). 
1) MT, RO: Unbound 
BG: Access is granted to juridical persons only. 
2) MT, RO: Unbound 
3) BG, MT, RO: Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
MT, RO: Unbound 

1)  FR:    Condition  of  nationality.    However,  third  country 
nationals  may  obtain  authorization  from  competent 
authorities to establish and direct an education institution 
and to teach. 
BG, CY, FI, MT, RO, SE, SI: Unbound. 
CY, FI, MT, RO, SE, SI: Unbound. 
CY, FI, MT, RO, SE, SI: Unbound. 

2) 
3) 

  Compliance  with 

BG: Access is granted to privately funded primary schools 
constituted as juridical persons upon authorization by the 
Council  of  Ministers. 
the  state 
educational and health requirements is a condition. 
Unbound for natural persons and associations. 
CZ:  Foreign  nationals  may  obtain  authorization  from 
competent authorities to establish and direct an education 
institution and to teach.  Condition of ensuring quality and 
level of education and suitability of school facilities. 
HU:  Establishment  of  schools  is  subject  to  licence  from 
the local authorities. 
SK:  Foreign  nationals  may  obtain  authorisation  from 
competent authorities to establish and direct an education 
institution  and  to  teach  subject  to  complying  with 
qualification  and  material  requirements  on  establishment 
of such an institution. 

1) 2) 3) MT, RO: Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
MT, RO: Unbound 

1) 
2)  
3) 

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

CZ: None other than: majority of members of the 
Board must be of Czech nationality. 
LT: None, except for permit issued by the Ministry 
of Education and Science for the State recognised 
teaching institutions required. 
SK: None other than: majority of members of the 
Board have to be of Slovak citizenship. 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CY, FI, MT, RO, SE, SI: Unbound 
BG:  Condition  of  Bulgarian  citizenship.  Foreign 
citizens  may  teach  on  the  conditions  of  permanent 
their  education  and 
residence, 
professional qualification. 

recognition  of 

EN 

103 

EN 

 
  
 
 
 
 
 
 
Secondary 
B. 
Education    Services 
(All 

Member 
States except EE: CPC 922. 
EE:  compulsory  and  non 
secondary 
compulsory 
education 
services.  LV: 
Excluding CPC 9224) 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 

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

BG:  Unbound,  except  as  indicated  in  the  horizontal  section 
and in 3) above. 
FR:    Condition  of  nationality.  However,  third  country 
nationals may obtain authorization from competent authorities 
to establish and direct an education institution and to teach. 
1) 

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

FR:    Condition  of  nationality.    However,  third  country 
nationals  may  obtain  authorization  from  competent 
authorities  to establish and direct an  education institution 
and to teach. 

2) 
3) 

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

BG: Access is granted to privately funded primary schools 
constituted as juridical persons upon authorization by the 
Council  of  Ministers. 
  Compliance  with  the  state 
educational and health requirements is a condition. 
Unbound for natural persons and associations. 
CZ:  Foreign  nationals  may  obtain  authorization  from 
competent authorities to establish and direct an education 
institution and to teach.  Condition of ensuring quality and 
level of education and suitability of school facilities. 
HU:  Establishment  of  schools  is  subject  to  licence  from 
the local authorities. 
SK:  Foreign  nationals  may  obtain  authorisation  from 
competent authorities to establish and direct an education 
institution  and  to  teach  subject  to  complying  with 
qualification  and  material  requirements  on  establishment 
of such an institution. 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 

1) 
2) 
3) 

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

LT: None, except for permit issued by the Ministry 
of Education and Science for the State recognised 
teaching institutions required. 

SI: None other than: majority of the Board must be 
of Slovenian nationality 

SK: None other than:  majority of members of the 
Board have to be of Slovak citizenship. 

Unbound except as indicated in the horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CY, FI, MT, RO, SE: Unbound. 
BG:  Condition  of  Bulgarian  citizenship.  Foreign 
citizens  may  teach  on  the  conditions  of  permanent 
residence, 
their  education  and 
professional qualification. 

recognition  of 

EN 

104 

EN 

 
  
 
 
CY, FI, MT, RO, SE: Unbound. 
BG:  Unbound,  except  as  indicated  in  the  horizontal  section 
and in 3) above. 
FR:    Condition  of  nationality.  However,  third  country 
nationals may obtain authorization from competent authorities 
to  establish  and  direct  an  education  institution  and  to  teach.

C. 
Services 

Higher  Education 

(All 

Member 
States  except  CZ  and  SK: 
CPC 923. CZ and SK: Only 
CPC 92310) 

1)  FR:    Condition  of  nationality.  However,  third  country 
nationals  can  have  authorization 
from  competent 
authorities to establish and direct an education institution 
and to teach. 
AT, BG, CY, FI, MT, RO, SE: Unbound 

1) 
2) 
3) 

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

2) 
3)  ES,  IT:    Needs  test  for  opening  of  private  universities 

institutions  granting 

authorized to issue recognized diplomas or degrees. 
AT, BG, CY, FI, MT, RO, SE: Unbound 
EL: 
  Unbound  for  education 
recognized State diplomas. 
CZ:  Foreign  nationals  may  obtain  authorization  from 
competent authorities to establish and direct an education 
institution and to teach.  Condition of ensuring quality and 
level of education and suitability of school facilities. 
HU:  Establishment  of  schools  is  subject  to  licence  from 
the central authorities. 
SK:  Foreign  nationals  may  obtain  authorisation  from 
competent authorities to establish and direct an education 
institution  and  to  teach  subject  to  complying  with 
qualification  and  material  requirements  on  establishment 
of such an institution. 

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

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

FR:    Condition  of  nationality.  However,  third  country 
nationals may obtain authorization from competent authorities 

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

SI: None other than: majority of the Board must be 
of Slovenian nationality 

SK: None other than:  majority of members of the 
Board have to be of Slovak citizenship. 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
AT, BG, CY, FI, MT, RO, SE: Unbound 

EN 

105 

EN 

 
  
 
 
 
 
to establish and direct an education institution and to teach. 

Unbound  except  for  BE,  DE,  DK,  ES,  FR  and  LU 
concerning  the  temporary  entry  of  professors  where:    as 
indicated  in  the  horizontal  section  under  (iii)  and  subject 
to the following specific limitations: 
BE,  DE,  DK,  ES:  University  degree  or  equivalent 
technical  qualification  demonstrating  knowledge,  and 
three years professional experience in the sector.  
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 
30000 Euro. 

FR:  -The  professors  have  obtained  an  employment 
contract  from  a  university  or  other  higher  education 
institution.    

- 
The  work  permit  is  delivered  for  a  period  not 
exceeding nine  months renewable for the duration of the 
contract. 
-  Compliance  with  an  economic  needs  test  is  required 
unless  those  professors  are  designated  directly  by  the 
Minister in charge of higher education.  

- The recruiting institution must pay a tax to the International 
Migration Office. 
For  HU  only:    Personalities  of  internationally  recognized 
reputation  who  have  been  invited  by  higher  education 
institutions for the duration of the invitation. 
1) 
2) CY, FI, MT, RO, SE: Unbound 
3)    CZ:  Foreign  nationals  may  obtain  authorization  from 
competent authorities to establish and direct an education 
institution and to teach.  Condition of ensuring quality and 
level of education and suitability of school facilities. 
HU:  Establishment  of  schools  is  subject  to  licence  from 
the  local  (or  in  case  of  high  schools  from  the  central) 
authorities. 
SK:  Foreign  nationals  may  obtain  authorisation  from 
competent authorities to establish and direct an education 

D. 
Adult  Education 
Services (CPC 924; for AT 
CPC 9240 except education 
services 
for  adults  by 
means of radio or television 
broadcasting.  For  EE:  it 
also  covers  other  adult 
education 
not 
services 
provided by the State) 

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

2) CY, FI, MT, RO, SE: Unbound 

1) 
3)  CY, FI, MT, RO, SE: Unbound 

CZ: None other than: majority of members of the 
Board must be of Czech nationality. 
SK: None other than: majority of members of the 
Board have to be of Slovak citizenship. 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CY, FI, MT, RO, SE: Unbound 

EN 

106 

EN 

 
  
 
 
 
 
 
 
 
institution  and  to  teach  subject  to  complying  with 
qualification  and  material  requirements  on  establishment 
of such an institution. 
CY, FI, MT, RO, SE: Unbound 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CY, FI, MT, RO, SE: Unbound 

Unbound except for BE, DE, DK, ES as indicated in the 
horizontal  section  under  (iii)  and  subject  to  the  above 
conditions following specific limitations:   
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 

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

EN 

107 

EN 

 
  
 
 
6.

ENVIRONMENT

in 

AL SERVICES52,53 
(BG:  The  commitments  do 
not  include  environmental 
the 
services  supplied 
exercise  of  governmental 
authority) 54 
SE:    the  offer  does  not 
public  works 
include 
functions  whether  owned 
by 
and 
operated 
municipalities, 
or 
federal  governments  or 
contracted  out  by 
these 
governments) 

state 

52  

The classification of the environmental services is listed according to the classification proposal included in Job 7612 (Communication of the EC and its Member 
States). 

53  BG:  The  commitments  do  not  apply  to  services  related  to  the  collection,  transportation,  storage,  secondary  use,  recycling,  restoration,  use  in  the  production  of  energy  and 

materials, and disposal of dangerous waste, refuse and substances 

54 BG: These are regulatory, administrative and control services by government and municipal bodies related to environmental issues. 

EN 

108 

EN 

 
  
 
 
 
 
                                                 
Water  for  human 
wastewater 
and 

A. 
use 
management  

************** 

Water 
collection, 
purification and distribution 
services 
through  mains, 
except steam & hot water. 

Waste Water Services  
 (All Member States except 
BG:  CPC  9401,  part  of 
18000. BG: CPC 9401) 

Unbound* 
None except BG, CY, CZ, EE, HU, LV,LT, MT, PL, 

1) 
2) 
RO, SI, SK: unbound. 
3) None except AT, BG, DE, UK, CY, CZ, EE, HU, LV,LT, 
MT, PL, RO, SI, SK: Unbound 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations:  
BG,  CY,  CZ,  EE,  HU,  LV,LT,  MT,  PL,  RO,  SI,  SK: 
Unbound 

Unbound except for BE, DE, DK, ES as indicated in the 
horizontal section under (iii) and subject to the  following 
specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 

All Member States except EE, LT, LV: Unbound 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
1) 
EE, LT, LV: None 
3) HU, RO: Unbound  
2) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
HU, RO: Unbound 

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

Unbound* 
None  except  BG,  CY,  CZ,  EE,  HU,  LV,LT, 

1) 
2) 
MT, PL, RO, SI, SK: Unbound. 
3)  None  except  AT,  BG,  DE,  UK,  CY,  CZ,  EE,  HU, 
LV,LT, MT, PL, RO, SI, SK: Unbound 
Unbound except as indicated in the horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, CZ, EE, HU, LV,LT, MT, PL, RO, SI, SK: 
Unbound 
Unbound  except  for  BE,  DE,  DK,  ES  as  indicated  in 
the horizontal section under (iii) 

All  Member  States  except  EE,  LT,  LV: 

1) 
Unbound 
EE, LT, LV: None 
3) HU, RO: Unbound 
2) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
HU, RO: Unbound 
Unbound  except  for  BE,  DE,  DK,  ES  as  indicated  in 
the horizontal section under (iii) 

* 

A commitment on this mode of supply is not feasible. 

EN 

109 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Solid/hazardous 

B. 
waste  management  (CPC 
9402, 9403) 

C. Protection of ambient air 
and climate  
(All 

Member 
States  except  BG:  CPC 
9404.  BG:  Monitoring 
services  of  exhaust  gases 
(part of CPC 9404)) 

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

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
1) 

All Member States except EE, HU: Unbound 

1) 

All Member States except EE, HU: Unbound 

EE, HU: None 

EE, HU: None 

3) RO: Unbound 
2) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 

Unbound except for BE, DE, DK, ES as indicated in the 
horizontal section under (iii) and subject to the  following 
specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
1) 
Unbound 

All  Member  States  except  EE,  LT,  PL,  RO: 

3) RO: Unbound 
2) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 
Unbound  except  for  BE,  DE,  DK,  ES  as  indicated  in 
the horizontal section under (iii) 

1) 
Unbound 

All  Member  States  except  EE,  LT,  PL,  RO: 

EE, LT, PL, RO: None 

EE, LT, PL, RO: None 

None 
2) 
SE:  Government  owned  monopoly  for  control 
3) 
services  of  exhaust-gas  from  cars  and  trucks.    Such  services 
must be offered on a non-profit basis. 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound for (ii) 

None 
2) 
None 
3) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound for (ii) 

EN 

110 

EN 

 
  
 
 
 
 
 
 
 
 
 
Unbound except for BE, DE, DK, ES as indicated in the 
horizontal section under (iii) and subject to the  following 
specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 

All Member States except EE, RO: Unbound 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
1) 
EE, RO: None 
3) BG, HU: Unbound 
2) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, HU: Unbound 
RO: Unbound for (ii) 

Unbound except for BE, DE, DK, ES as indicated in the 
horizontal section under (iii) and subject to the  following 
specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
1) 
Unbound 

All  Member  States  except  EE,  LT,  PL,  RO: 

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

All Member States except EE, RO: Unbound 

1) 
EE, RO: None 
3) BG, HU: Unbound  
2) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, HU: Unbound 
RO: Unbound for (ii) 
Unbound  except  for  BE,  DE,  DK,  ES  as  indicated  in 
the horizontal section under (iii) 

1) 
Unbound 

All  Member  States  except  EE,  LT,  PL,  RO: 

EE, LT, PL, RO: None 

EE, LT, PL, RO: None 

3)  None  except  for  CY,  CZ,  HU,  SK,  SI,  UK: 

2) 
Unbound 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 

3) None except for CY, CZ, HU, SK, SI, UK: 

2) 
Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 

D.  Remediation  and  clean 
up  of  soil  and  waters  (part 
of CPC 94060) 

E.  Noise  and  vibration 
abatement 
(All  Member 
States  except  BG:  CPC 
9405.  BG:  Noise  pollution 
monitoring services (part of 
CPC 9405)) 

EN 

111 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
HU: Unbound 
RO: Unbound for (ii) 

Unbound except for BE, DE, DK, ES as indicated in the 
horizontal section under (iii) and subject to the  following 
specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
1) 

All Member States except EE, RO: Unbound 

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

1) 

All Member States except EE, RO: Unbound 

EE, RO: None 

EE, RO: None 

3) HU: Unbound 
2) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
HU: Unbound 
RO: Unbound for (ii) 

Unbound except for BE, DE, DK, ES as indicated in the 
horizontal section under (iii) and subject to the  following 
specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 

All Member States except EE, PL, RO: Unbound 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
1) 
EE, PL, RO: None 
3) BG, HU: Unbound 
2) 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 

3) HU: Unbound  
2) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
HU: Unbound 
RO: Unbound for (ii) 
Unbound  except  for  BE,  DE,  DK,  ES  as  indicated  in 
the horizontal section under (iii) 

All  Member  States  except  EE,  PL,  RO: 

1) 
Unbound 
EE, PL, RO: None 
3) BG, HU: Unbound 
2) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 

F.  All  Member  States 
except  BG:  Protection  of 
biodiversity  and  landscape 
Nature 
and  Landscape 
Protection Services 

(part of CPC 9406) 

protection 
BG:  Nature 
services (part of CPC 9406) 

G. 
Other 
Environmental 
and 
ancillary Services (part  of 
CPC 94090) 

EN 

112 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
BG, HU: Unbound 
RO: Unbound for (ii) 

Unbound except for BE, DE, DK, ES as indicated in the 
horizontal section under (iii) and subject to the  following 
specific limitations: 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 

1) 

All Member States except HU: Unbound 

HU: None 

BG, CZ, MT, FI, RO, SE, SK: Unbound 

2) 
3)  AT,  BE,  ES,  FR,  IT,  LU,  LT,  NL,  PT,  SI  :  economic 

needs test applied on a national treatment basis55. 

PL: Head, or his deputy, of the health facility should meet 
qualifications  of  medical  doctor.  All  the  limitations 
pertaining  to  medical,  and  dental  services,  as  well  as 
services of midwives, nurses are applicable. 

limitations: 
BG, HU: Unbound 
RO: Unbound for (ii) 
Unbound  except  for  BE,  DE,  DK,  ES  as  indicated  in 
the horizontal section under (iii) 

1) 

2) 
3) 

All Member States except HU: Unbound 

HU: None 

BG, CZ, MT, FI, RO, SE, SK: Unbound 
BG, CZ, MT, FI, RO, SE, SK: Unbound 

EE:  None  except  professionals  trained  outside 
Estonia  are  required  to  present  a  certificate  of 
auxiliary training courses of Tartu University. This 
requirement  also  applies  to  Estonian  nationals 
trained abroad. 

7. 
HEALTH 
SERVICES AND SOCIAL 
SERVICES 
A. 

Hospital Services 
(all 
Member 
States  except  LV, 
PL  and  SI:  CPC 
9311.  
LV,    PL  and  SI: 
only  Private  hospital  and 
sanatorium 
services-CPC 
9311 

LV: The head, or his deputy, of the health facility should 
be  qualified  as  a  medical  doctor.  All  the  limitations 
pertaining  to  medical,  and  dental  services,  as  well  as 
services  of  midwives  and  nurses  are  applicable.  Private 

LT:  None,  except  foreign  private  establishment  and 
their  consumers  may  not  be  entitled  to  receive 
financial  support  from  public  resources,  including 
usage of public medical insurance funds. 

55 Where establishment is subject to an economic needs test in a Member State, the main criteria are: the number of beds and/or heavy medical equipment on the basis of needs, 
population  density  and  age  scale,  geographic  spread,  protection  of  areas  of  particular  historic  and  artistic  interest,  impact  on  traffic  conditions  and  creation  of  new 
employment. 

EN 

113 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
                                                 
hospital  services  need  authorization  by  local  health 
authorities. The number of beds and use of heavy medical 
equipment is based on the needs of population, age scale 
and death rate. 

BG, CZ, MT, FI, RO, SE, SK: Unbound 

SI: Entry into public Health network is subject to concession 
from  Institute  for  Health  Insurance  of  the  Republic  of 
Slovenia. 
4)  Unbound  except  as  indicated  in  the  horizontal  section 
under  (i)  and  (ii)  and  subject  to  the  following  specific 
limitations: 
BG, CZ, MT, FI, RO, SE, SK: Unbound 
LV: The head, or his deputy, of the health facility should 
be  qualified  as  a  medical  doctor.  All  the  limitations 
pertaining  to  medical,  and  dental  services,  as  well  as 
services of midwives and nurses are applicable. 

should 
PL: Head, or his deputy, of the health  
meet qualifications of  
medical doctor. All the limitations 
pertaining to medical, and dental services, as well as services 
of midwives, nurses are applicable 
1) All Member States except HU: Unbound 

facility 

HU: None 

2) 3) Unbound except for AT, EE, HU, SI: none 
4)  Unbound  except  AT,  EE,  HU,  SI:  unbound  except  as 
indicated in the horizontal section under (i) and (ii). 
1) 
2) 
3) 

Unbound 
CZ, HU, FI, MT, PL, RO, SI, SK, SE: Unbound 
CZ, HU, FI, MT, PL, RO, SI, SK, SE: Unbound 
FR:    Provision  of  services  is  permitted  by  the  competent 
authorities according to local needs. 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 
CZ, HU, FI, MT, PL, RO, SI, SK, SE: Unbound 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CZ, MT, FI, RO, SE, SK: Unbound 

1) All Member States except HU: Unbound 

HU: None 

Unbound 
CZ,  HU,  FI,  MT,  PL,  RO,  SI,  SK,  SE: 

2) 3) Unbound except for AT, EE, HU, SI: none 
4)  Unbound  except  AT,  EE,  HU,  SI:  unbound  except 
as indicated in the horizontal section under (i) and (ii) 
1) 
2) 
Unbound 
3) 
Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CZ, HU, FI, MT, PL, RO, SI, SK, SE: Unbound 

CZ,  HU,  FI,  MT,  PL,  RO,  SI,  SK,  SE: 

B.  Other  human  health 
services    (CPC  9319.  EE: 
CPC  9319  other 
than 
93191) 

Social Services 

C. 
All  Member  States  except 
Convalescent and 
BG: 
Rest  Houses,  Old 

People's Homes 

BG: 

Privately 
services (part of CPC 933) 

funded 

only 
social 

EN 

114 

EN 

 
  
 
 
 
 
 
 
D.  Other  (health  related 
services) 

1) 2) 3) All Member States except HU: Unbound HU: None  

1) 2) 3) All Member States except HU: Unbound  

4)  
All  Member  States:    Unbound  except  for  HU: 
Unbound  except  as  indicated  in  the  horizontal  section  under 
(i) and (ii) 

  HU: None. 

4)  
All Member States:  Unbound except for HU: 
Unbound except as indicated in the horizontal section 
under (i) and (ii) 

TOURISM  AND 
RELATED 

8. 
TRAVEL 
SERVICES 
A. 
Hotels, 
Restaurants and Catering 

(All 

Member 
States except BG, PL: CPC 
641,  642,  643  (excluding 
catering 
transport 
in 
services sector).  

BG:  except 

for 
beverages 
alcoholic 
for 
serving 
consumption 
the 
premises: CPC 641, part of 
642, part of 643. 

services 
on 

PL:  CPC  641, 

642) 

B. 
and 
Services 

Travel  Agencies 
Operators 
Tour 
tour 

(including 

All Member States except BG, RO: Unbound except 

1) 
for catering: none 
BG, RO: Unbound* 
None 
2) 
3) 
BG: The suppliers are to be established as companies 
incorporated  in  the  Republic  of  Bulgaria  with  no  foreign 
equity participation ceiling.  Tourist service licence issued by 
the State Agency on Tourism. 

The number of foreign managers is not to exceed the 
number of the managers who are Bulgarian citizens, in cases 
where the public (state and/or  municipal) share in the  equity 
capital  of  a  Bulgarian  company  exceeds  50  per  cent.  The 
provision of tourist guides' services is to be effected through 
authorized foreign persons. 
IT:  Local economic needs test on opening of new bars, cafés 
and restaurants. 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound for (ii) 

1) 

BG:  Tourist  service  licence  issued  by  the  State 
Agency on Tourism is required.  
HU: Unbound 

All Member States except BG, RO: Unbound  

1) 
except for catering: none 
BG, RO: Unbound* 
2) 
3) 

None 
None 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG:  Unbound,  except  as  indicated  in  the  horizontal 
section,  but  taking  into  account  the  limitations  on 
market access in 3) herein 
RO: Unbound for (ii) 
1) 

BG: None, except as specified in the Market 
Access column 
PL: Commercial presence required. 

EN 

115 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
managers) 

(CPC 7471) 

PL: Commercial presence required. 
None 
2) 
3) 
BG: The suppliers are to be established as companies 
incorporated  in  the  Republic  of  Bulgaria  with  no  foreign 
equity participation ceiling. 
Tourist service licence issued by the State Agency on Torism. 
The number of foreign managers is not to exceed the number 
of  the  managers  who  are  Bulgarian  citizens,  in  cases  where 
the public (state and/or municipal) share in the equity capital 
of a Bulgarian company exceeds 50 per cent.  The provision 
of tourist guides’ services is to be effected through authorized 
foreign persons. 
PT:    Requirement  of  constitution  of  a  commercial  company 
having its corporate base in Portugal. 

IT:  Economic needs test. 
FI:  A  permission 

from 

the  National  Consumer 

Administration is required. 

CZ: Economic needs test based on population criterion. 
4)  Unbound  except  as  indicated  in  the  horizontal  section 
under (i) and (ii) and subject to the following limitations: 
BG:  Unbound,  except  as  indicated  in  the  horizontal  section 
and in 3) above. 
RO: Unbound for (ii)  

Unbound except for AT, BE, DE, DK, ES, IT, FI, IE, SE 
where:  as  indicated  in  the  horizontal  section  under  (iii) 
and subject to the following specific limitations: 
AT,  FI,  IT,  IE,  SE:    Unbound  except  for  tour  managers 
(persons whose function is to accompany a tour group of a 
minimum  of  10  persons,  without  acting  as  guides  in 
specific locations) where for AT, IT, IE, SE:  professional 
certificate and three years' professional experience. 
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical  qualification  and 
three  years  professional 
experience. 

2) 
3) 

None 
None 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG:  Unbound,  except  as  indicated  in  the  horizontal 
section,  but  taking  into  account  the  limitations  on 
market access in 3) herein. 
RO: Unbound for (ii) 
Unbound except for AT, BE, DE, DK, ES, IT, FI, IE, 
SE where: as indicated in the horizontal section under 
(iii) 

EN 

116 

EN 

 
  
 
 
 
 
 
 
 
BG, CY, HU, LT, MT, PL, SI: Unbound 
BG, CY, HU, LT, MT, PL, SI: Unbound 
BG, CY, HU, LT, MT, PL, SI: Unbound 
in 
Unbound  except  as 

1) 
2) 
3) 
the 
4) 
horizontal section under (i) and (ii) and subject to the 
following limitations: 
RO: Unbound for (ii) 
BG, CY, HU, LT, MT, PL, SI: Unbound 

indicated 

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

IT:  Compliance with an economic needs test is required 
BG, CY, HU, IT, LT, MT, PT, PL, SI:  Unbound. 
1) 
BG, CY, HU, LT, MT, PL, SI: Unbound 
2) 
BG, CY, HU, LT, MT, PL, SI: Unbound 
3) 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section under (i) and (ii) and subject to the following specific 
limitations: 

ES, IT:  The right to exercise the profession is reserved for 
the local organizations of tourist guides. 
EL,  ES,  IT,  PT:    Access  to  the  activity  is  subject  to 
condition of nationality. 
RO: Unbound for (ii) 

BG, CY, HU, LT, MT, PL, SI: Unbound 

Unbound except for BE, DE, DK, SE as indicated in the 
horizontal  section  under  (iii)  and  subject  to  the  above 
conditions and the following specific limitations: 
BE,  DE,  DK:    University  degree  or  equivalent  technical 
qualification  demonstrating  knowledge  and  three  years' 
professional experience in the sector. 
SE:  Professional  certificate,  relevant  qualifications  and 
three years’ professional experience. 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 

C. 
Services (CPC 7472) 

Tourist  Guides 

9.

RECREATIONA

L,  CULTURAL  AND 
SERVICES 
SPORTING 
than  Audio-visual 
(other 

EN 

117 

EN 

 
  
 
 
 
 
 
 
 
 
Services) 
A. 
Services 

Entertainment 

(All 

Member 
States except BG: including 
Theatre,  Live  Bands  and 
Circus Services 

(CPC  9619).  BG: 

CPC 96191, 96192, 96193 

1) 
2) 
3) 

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

LT:   None,  except  prohibition 

maintain 
gambling games56. 

gambling 

to  establish  and 
organise 

to 

houses, 

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

1)  

All Member States except HU : Unbound. 

HU : None 

CY,  CZ,  EE,  FI,  LT,  LV,  PL,  RO,  SI,  SK: 

2) 
Unbound 
3) 

CY, CZ, FI, LV, PL, RO, SI, SK: Unbound 

FR,  IT:    Unbound  for  subsidies  and  any  other 
forms of direct and indirect support. 
SE:  Targeted  financial  support  to  specific  local, 
regional or national activities. 

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

LT:  None, except: 

IT:  Economic needs test. 

Unbound  except  for  AT,  BE,  DE,  DK,  ES  and  FR 
concerning  the  temporary  entry  of  artist    where  as 
indicated  under  the  horizontal  section  under  (iii)  and 
subject to the following specific limitations: 
BE,  DE,  DK:    University  degree  or  equivalent  technical 
qualification  demonstrating  knowledge  and  three  years' 
professional experience in the sector. 
BE: Economic Needs Test is required if the gross annual 
salary  of  the  natural  person  is  below  the  threshhold  of 

(a)  as  indicated  under  market  access  (also 
exception  indicated  in  Part  I  regarding 
prohibition  of 
to 
foreign 
lotteries) and  

investments 

(b) Unbound for subsidies as regards cinema 
operation theatre  (CPC 96199**) 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CY, CZ, EE, FI, LT, LV, PL, RO, SI, SK: Unbound 
Unbound  except  for  AT,  BE,  DE,  DK,  ES  and  FR 
concerning  the  temporary  entry  of  artist    where  as 
indicated under the horizontal section under (iii) 

56 Law on Enterprises; supplement 1995 

EN 

118 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
30000 Euro. 
AT,  ES:    access  is  limited  to  persons  whose  main 
professional  activity  is  in  the  field  of  fine  arts,  deriving 
the  major  part  of  their  income  from  that  activity.    such 
persons  shall  not  exercise  any  other  commercial  activity 
in Austria. 

FR:  -The  artists  have  obtained  an  employment  contract 
from an authorized entertainment enterprise. 

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

- Compliance with an economic needs test is required. 

-  The  entertainment  enterprise  must  pay  a  tax  to  the 
International Migration Office. 
1) 

BG, RO: Unbound 

1) 

BG, RO: Unbound 

lifted 

restrictions 

BG, RO: Unbound 

2) 
3)  FR:    Condition  of  nationality  for  administrators  of 
Agence  France  Press. 
if 
(other 
reciprocity  granted)I:    Special  anti-concentration  rules 
operate  in  the  daily  press  and  broadcasting  sectors, 
specific limits are fixed to multimedia ownership. Foreign 
companies  may  not  control  publishing  or  broadcasting 
companies: foreign equity participation limited to 49 per 
cent. 
BG, HU, RO: Unbound 
PT:    News  companies,  incorporated  in  Portugal  in  legal 
form  of  "Sociedade  Anónima",  must  have  the  social 
capital in the form of nominal stock.  

BG, RO: Unbound 
BG, HU, RO: Unbound 
Unbound  except  as 

2) 
3) 
4) 
the 
horizontal section under (i) and (ii) and subject to the 
following limitations: 
BG, RO: Unbound 

indicated 

in 

News  and  Press 

B. 
Agency 

Services 

(CPC 962) 

SK: foreign suppliers of news and press agency services 
must be accredited at the Ministry of Foreign Affairs of 
the  Slovak  Republic.  The  official  press  agency  of  the 
Slovak Republic (TASR) is subject of state financing. 

4) 

Unbound  except  as  indicated  in  the  horizontal 

EN 

119 

EN 

 
  
 
 
 
 
 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, RO: Unbound 

Unbound except for BE, DE, DK, ES as indicated in the 
horizontal  section  under  (iii)  and  subject  to  the  above 
conditions following specific limitations:   
BE,  DE,  DK,  ES:    University  degree  or  equivalent 
technical qualification demonstrating knowledge and three 
years' professional experience in the sector. 

BE:  Economic  Needs  Test  is  required  if  the  gross  annual 
salary of the natural person is below the threshhold of 30000 
Euro. 
1) Unbound except in AT: none 
2) Unbound except in AT, EE: none 
3) Unbound except in AT, LT 

AT: None 
LT: Licenses for researching, reservation and restoration 
of the immovable cultural  
values,  for  preparation 
programmes and projects of such 
of the conditions,  
works,  
  preservation  and  restoration  of 
for 
movable cultural values are necessary. 

4) Unbound except in AT, EE: unbound except as indicated in 
the horizontal section under (i) and (ii) 
BG, MT, RO: Unbound 
1) 
BG, MT, RO: Unbound 
2) 
BG, MT, RO: Unbound 
3) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 

BG, MT, RO: Unbound 

IT:  Economic needs test. 

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

1) Unbound except in AT: none 
2) Unbound except in AT, EE: none 
3) Unbound except in AT, LT 

AT: None 
LT: None except under market access 

4) Unbound except in AT, EE, LT: unbound except as 
indicated in the horizontal section under (i) and (ii) 

1) 
2) 
3) 

BG, MT, RO: Unbound 
BG, MT, RO: Unbound 
BG, MT, RO: Unbound 

SE:  Targeted  financial  support  to  specific  local, 
regional or national activities 

Unbound except as indicated in the horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, MT, RO: Unbound 

C.  Libraries, 
archives, 
museums and other cultural 
services (CPC 963) 

D. 
and 
Sporting 
Other Recreational Services 
other  than  Gambling  and 
Betting Services 

(CPC 

9641, 
96491.  AT:  ski  school 
and  mountain 
services 
guide 
services  are  not 
covered) 

EN 

120 

EN 

 
  
 
 
 
 
 
 
TRANSPORT 

10. 
SERVICES57 
A.      Maritime  Transport 
services 

International  Transport 
(freight  and  passengers) 
CPC  7211  and  7212  less 
cabotage transport 

(see additional definitions after the transport section) 

1)  (a) Liner Shipping: none except BG, RO: Unbound 

     (b)  Bulk,  tramp,  and  other  international  shipping, 
including  passenger  transportation;  none  except  BG, 
RO: Unbound 

1)   (a) Mode 1 a) Liner trade: none, other than the 
exceptional  case  where  a  Member  States  would 
have  to  enforce  EC  Regulation    954/79,  article  2, 
par.  2  for  all  Member  States  except  BG,  RO: 
Unbound. 

See footnote58 

2)  BG, RO: Unbound 

    (b) BG, RO: Unbound 

2)  BG, RO: Unbound 

3)  (a) Establishment of registered  company for the purpose 
of operating a fleet under the national flag of the State of 
establishment:  unbound  for  all  Member  States  except 
LV and MT: None 

   (b) Other forms of commercial presence for the supply of 

(a)  Unbound  for  all  Member  States  except  LV 

3) 
and MT: None 

(b) BG, RO: Unbound 

57 BG: The transportation (incl. transit transportation) of waste and refuse, dangerous goods, substances and materials, military or paramilitary equipment, drugs and similar 
goods is governed by special rules and is excluded from the range of services that are subject of commitments in this sector. The dame applies also to all services 
relating to such transportation. 

58  "The  Community  shall  continue  to  grant  to  ships  operated  by  service  suppliers  of  the  other  Party  treatment  no  less  favourable  than  that 
accorded to its own ships with regard to, inter alia, access to ports, use of infrastructure and auxiliary maritime services of the ports, as well as 
related  fees  and  charges,  customs  facilities  and  the  assignment  of  berths  and  facilities  for  loading  and  unloading.  In  ports  services  also 
include:" 

1) Pilotage; 2) Towing and tug assistance; 3) Provisioning, fuelling and watering; 4) Garbage collecting and ballast waste disposal; 5) Port Captain’s services; 6) Navigation 
aids;  7)  Shore-based  operational  services  essential  to  ship  operations,  including  communications,  water  and  electrical  supplies;  8)  Emergency  repair  facilities;  9) 
Anchorage, berth and berthing services. 

EN 

121 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
international  maritime  transport  services  (as  defined 
concerning  maritime 
below  under  Definitions 
transport): none except BG, RO: Unbound 

4)  (a)  Ships’ crews: unbound 

     (b)  Key  personnel  employed 
to  a 
commercial  presence  as  defined  under  mode  3b)  above: 
Unbound  except  as  indicated  in  the  horizontal  section  under 
(i) and (ii) and subject to the following limitations: 
BG, RO: Unbound 

relation 

in 

4) 
(a) Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 

BG, RO: Unbound 

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

Maritime 
Services 

Auxiliary 

59 “Customs clearance services” (alternatively “customs house brokers’ services”) means activities consisting in carrying out on behalf of another party customs formalities 
concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity. 
60 “Container station and depot services” means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and 

making them available for shipments. 

61 “Maritime agency services” means activities consisting in representing, within a given geographic area, as an agent the business interests of 
one or more shipping lines or shipping companies, for the following purposes: 

- marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of 
the  companies,  acquisition  and  resale  of  the  necessary  related  services,  preparation  of  documentation,  and  provision  of  business 
information; 

- 

acting on behalf of the companies organising the call of the ship or taking over cargoes when required. 

EN 

122 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
                                                 
 
 
Maritime Cargo Handling 
Services 

1)  Unbound∗  

1) Unbound*  

2) 3)** BG, MT, RO: Unbound 

2) 3) BG, MT, RO: Unbound 

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

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

BG, MT, RO: Unbound 

Storage  and  warehousing 
Services  CPC  742  (as 
amended) 

1)  Unbound∗  

2) 3)** BG, MT, RO: Unbound 

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

BG, MT, RO: Unbound 

1) Unbound* 

Customs 
Services59 

Clearance 

2) 3)** BG, MT, RO: Unbound 

1) Unbound* 

BG, MT, RO: Unbound 

1)  Unbound∗  

2) 3)** BG, MT, RO: Unbound 

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

BG, MT, RO: Unbound 

∗ A commitment on this mode of supply is not feasible. 
** Public utility concession or licensing procedures may apply in case of occupation of the public domain 
∗ A commitment on this mode of supply is not feasible. 
** Public utility concession or licensing procedures may apply in case of occupation of the public domain 
∗ A commitment on this mode of supply is not feasible. 
** Public utility concession or licensing procedures may apply in case of occupation of the public domain 

EN 

123 

EN 

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

2) 3)** BG, MT, RO: Unbound 

BG, MT, RO: Unbound 

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

BG, MT, RO: Unbound 

Container  Station  and 
Depot Services60 

2) 3)** BG, MT, RO: Unbound 

1) Unbound* 

1) Unbound* 

2) 3)** BG, MT, RO: Unbound 

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

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

BG, MT, RO: Unbound 

BG, MT, RO: Unbound 

1) Unbound* 

2) 3)** BG, MT, RO: Unbound 

1) Unbound* 

Maritime 
Services61 

Agency 

2) 3)** BG, MT, RO: Unbound 

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

BG, MT, RO: Unbound 

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

BG, MT, RO: Unbound 

EN 

124 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(Maritime) 
Forwarding Services62 

Freight 

1) Unbound* 

1) Unbound* 

2) 3)** BG, MT, RO: Unbound 

2) 3) BG, MT, RO: Unbound 

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

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

BG, MT, RO: Unbound 

BG, MT, RO: Unbound 

62 “Freight forwarding services” means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and 

related services, preparation of documentation and provision of business information. 

EN 

125 

EN 

 
  
 
                                                 
Maintenance  and 
(d)  
repair   of  vessels,  except 
for  

EE, LV and SI.  

1)  All Member States except EE, HU and LV: Unbound.  

1)  All  Member  States  except  EE,  HU  and  LV: 

EE, HU and LV:  None 

2)  All Member States except EE, HU,  LV and SI: Unbound.  

Unbound.  

EE, HU and LV:  None 

2)  All  Member  States  except  EE,  HU,    LV  and  SI: 

EE  and  LV:  CPC 

EE, HU,  LV and SI:  None 

Unbound.  

8868.  

SI: CPC 8868** 

3)  All Member States except EE, HU,  LV and SI: Unbound.  

EE, HU,  LV and SI:  None 

EE, HU,  LV and SI:  None 

3)  All  Member  States  except  EE,  HU,    LV  and  SI: 

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

EE, HU,  LV and SI:  None 

Unbound.  

  All Member States except EE, HU,  LV and SI: Unbound.  

EE, HU,  LV and SI: Unbound, except as indicated 

in the horizontal section 

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

  All  Member  States  except  EE,  HU,    LV  and  SI: 

Unbound.   

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

LV: None 

B.      Internal  Waterways  1)  3)  None,  other  than  measures  based  upon  existing  or  1) 3) None, other than measures based upon existing  See footnote63 

63 The Community shall continue to grant to ships operated by service suppliers of the other Party treatment no less favourable than that accorded 
to its own ships with regard to, inter alia, access to ports, use of infrastructure and auxiliary maritime services of the ports, as well as related 
fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading. In ports services also include (same 
as footnote for international maritime transport above) 

EN 

126 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Transport  

b) Freight transportation 

c)  Rental  of  vessels  with 
crew 

f)  Supporting  services  for 
internal waterway transport 

implementing 

future  agreements  on  access  to  inland  waterways  (incl. 
agreements  following  the  Rhine-Main-Danube  link),  which 
reserve  some  traffic  rights  for  operators  based  in  the 
countries  concerned  and  meeting  nationality  criteria 
regarding  ownership.  Regulations 
the 
Mannheim Convention on Rhine Shipping. 
AT:  According  to  the  Austrian  Inland Waterways  Shipping 
Act the setting up of a shipping company by natural persons 
requires EEA (European Economic Area) citizenship. In the 
case  of  establishment  as  legal  person,  the  majority  of 
managing directors, the managing board and the supervisory 
board must be EEA citizens. In addition the majority of the 
business shares must be held by EEA citizens. 
BG,  CY,  CZ,  EE,  HU,  LT,  MT,  PL,  RO,  SE,  SI,  SK: 
Unbound 
2)  None  except  BG,  CY,  EE,  HU,  LT,  MT,  PL,  RO,  SI: 
Unbound 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, EE, HU, LT, MT, PL, RO, SI: Unbound 

in 

or  future  agreements  on  access  to  inland  waterways 
(incl.  agreements  following  the  Rhine-Main-Danube 
link), which reserve some traffic rights for operators 
based 
the  countries  concerned  and  meeting 
nationality  criteria  regarding  ownership.  Regulations 
implementing  the  Mannheim  Convention  on  Rhine 
Shipping. 
BG, CY, CZ, EE, HU, LT, MT, PL, RO, SE, SI, SK: 
Unbound 
2) None except BG, CY, EE, HU, LT, MT, PL, RO, 
SI: Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
BG, CY, EE, HU, LT, MT, PL, RO, SI: Unbound 

d)  Maintenance  and  repair 
of vessels 

1) All Member States except HU: Unbound  

HU: None 

2) None except BG, CY, EE, LT, MT, PL, RO, SI: Unbound 
3) None except BG, CZ, CY, EE, LT, MT, PL, RO, SI, SK: 
Unbound 
4)  Unbound  except  as  indicated  in  the  horizontal  section 
under (i) and (ii) and subject to the following limitations: 

1) All Member States except HU: Unbound 
HU: None 
2)  None  except  BG,  EE,  LT,  MT,  PL,  RO,  SI: 
Unbound 
3) None except BG, CZ, EE, LT, MT, PL, RO, SI, SK: 
Unbound 
4)  Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 

1) Pilotage; 2) Towing and tug assistance; 3) Provisioning, fuelling and watering; 4) Garbage collecting and ballast waste disposal; 5) Port Captain’s services; 6) Navigation 
aids;  7)  Shore-based  operational  services  essential  to  ship  operations,  including  communications,  water  and  electrical  supplies;  8)  Emergency  repair  facilities;  9) 
Anchorage, berth and berthing services. 

EN 

127 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                                                                                                                                                                           
BG, CY, EE, LT, MT, PL, RO, SI: Unbound 

limitations:  BG,  CZ,  EE,  LT,  MT,  PL,  RO,  SI: 
Unbound 

C. 
Services 

Air 

Transport 

c)  Rental of aircraft with 

1) 2) All Member States except PL: Unbound 

1) 2) 3)  All Member States except PL: Unbound 

crew 

(CPC 734) 

PL:    None  except  that  aircraft  used  by  Community  air 
carriers  have  to  be  registered  in  the  Member  State 
licensing the air carrier or elsewhere in the Community.  
Waivers can be granted for short term lease contracts or 
under exceptional circumstances. 

PL: None  

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

3)  All Member States except PL: Unbound 

All Member States except PL: Unbound 

PL:  None  except  that  aircraft  used  by  Community 
carriers  have  to  be  registered  in  the  aircraft  register  of 
that Member State, the aircraft must be owned either by 
natural  persons  meeting  specific  nationality  criteria  or 
regarding 
by 
ownership  of  capital  and  control  (including  nationality 
of directors). 

juridical  persons  meeting  specific 

PL: None 

4)  Unbound  except  as  indicated  in  the  horizontal  section 
the  following 

under  (i)  and  (ii)  and  subject 
limitations: 

to 

All Member States except PL: Unbound 

d) 
Maintenance  and 
Repair of Aircraft and parts 
thereof 

PL: Unbound except for horizontal measures 
All  Member  States  except  EE,  HU,  LV,  PL: 

1) 
Unbound 
EE, HU, LV, PL: None 

2)  None 

All  Member  States  except  EE,  HU,  LV,  PL: 

1) 
Unbound 
EE, HU, LV, PL: None 
None 
2) 

3)  CZ:  Corporate seat required in the Czech Republic  

SK: Corporate seat is required in the Slovak Republic 

3)  CZ:  Corporate seat required in the Czech Republic  

SK:  Corporate  seat  is  required  in  the  Slovak 
Republic 

EN 

128 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Sales 

and 

Marketing 

  RO:  An  authorization  from  the  Romanian  Aeronautical 

Authority is required 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound for (ii) 
None 
1) 
None 
2) 
RO: Unbound 
3) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound for (ii) 

Computer 

Reservations System 

None 
1) 
None 
2) 
None 
3) 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound for (ii) 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound for (ii) 

1) 
All  Member  States  except  BG,  RO:  For 
distribution  through  CRS  of  air  transport  services 
provided by CRS parent carrier:  unbound. 

BG, RO: None 
None 
2)  
3) 
All  Member  States  except  BG,  RO:  For 
distribution  through  CRS  of  air  transport  services 
provided by CRS parent carrier:  unbound. 

BG: None 
RO: Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound for (ii) 
1) 
All  Member  States  except  BG,  RO:  For 
obligations of parent or participating carriers in respect 
of  a  CRS  controlled  by  an  air  carrier  of  one  or  more 
third countries:  unbound. 

BG, RO: None 
None 
2) 
3) 
All  Member  States  except  BG,  RO:  For 
obligations of parent or participating carriers in respect 
of  a  CRS  controlled  by  an  air  carrier  of  one  or  more 
third countries:  unbound. 

BG, RO: None 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 

EN 

129 

EN 

 
  
 
 
 
 
 
 
 
 
 
Rail 

Transport 

E. 
Services 
a) Passenger transportation 

RO: Unbound for (ii) 

1)   All Member States: Unbound   

1) 2) 3) All Member States except HU: Unbound 

2)   All Member States except HU: Unbound 

  HU: None 

  HU: None 

3)   All Member States except HU: Unbound 

  HU:  Services  may 

be 

provided 

through 

a 

Contract of Concession granted by  the  

state 

or the local authority 

4)  Unbound  except  as  indicated  in  the  horizontal  section 
the  following 

under  (i)  and  (ii)  and  subject 
limitations: 

to 

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

  All Member States except HU: Unbound 

  All Member States except HU: Unbound 

HU:  Unbound  except  as  indicated  in  horizontal 

HU:  Unbound  except  as 

indicated 

in 

section. 

horizontal section. 

b) Freight transportation 

1)   All Member States:  Unbound   

1) 2) 3) All Member States except HU: Unbound   

2)   All Member States except HU: Unbound 

  HU: None 

  HU: None 

3)   All Member States except HU: Unbound 

  HU:  Services  may    be  provided  through  a  Contract  of 
local 

state 

the 

or 

Concession granted by  the 
authority 

4)  Unbound  except  as  indicated  in  the  horizontal  section 
the  following 

under  (i)  and  (ii)  and  subject 

to 

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

EN 

130 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
d) 
Maintenance  and 
Repair  of  Rail  Transport 
Equipment  

(CPC 8868) 

limitations: 

  All Member States except HU: Unbound 

  All Member States except HU: Unbound 

HU:  Unbound  except  as 

indicated 

in 

HU:  Unbound  except  as  indicated  in  horizontal 
section. 
All Member States except EE, HU: Unbound  

1) 
EE, HU: None 
RO: Unbound 
2) 
RO: Unbound 
3) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 

horizontal  

section. 

All Member States except EE, HU: Unbound 

1) 
EE, HU: None 
RO: Unbound 
2) 
RO: Unbound 
3) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
RO: Unbound 

Transport 

Road 

F. 
Services 
a) 
Transportation 

Passenger 

(All 

Member 
States   except  FI,  LV, 
LT, RO:  CPC  71213  and 
7122.   FI:  CPC  71222 
and 71223.  
LV:  CPC  71213, 

71222,   71223.  

LT,  RO:  CPC 

7121, 7122).  

For  LV,  LT,  RO: 
cabotage 

excluded. 

Unbound 
None  except  BG,  CY,  CZ,  EE,  HU,  MT,    PL,  SI, 

1) 
2) 
SK: Unbound. 
3) 
For transport within a Member State (cabotage), by a 
carrier established outside that Member State: unbound except 
for  rental  of  non-scheduled  services  of  buses  with  operator 
(71223)64 where no limitation will apply as from 1996. 

AT, BG, HU, PL, MT, SK: Unbound 

SE: Authorization required for commercial land transport 
service  operations.  Authorization 
the 
applicants financial situation, experience and capability to 
supply  the  services.  Limitations  on  the  use  of  leased 
vehicles for such operations. 

is  based  on 

- 

For 7122:  
ES: Economic needs test. 

Unbound 
None except BG, CY, CZ, EE, HU, MT,  PL, 

1) 
2) 
SI, SK: Unbound. 
3) 
Unbound for transport within a Member State 
(cabotage),  by  a  carrier  established  outside  that 
Member State. 

AT, BG, HU, MT, PL, SK: Unbound 

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

64  

Indicates that the service specified constitutes only a part of the total range of activities by the CPC concordance. 

EN 

131 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
- 

For 71221 (taxi services):  
All  Member  States  except  in  SE:  economic  needs 

test65, plus 

DK:    Access  for  natural  persons  only,  and  local 

establishment requirement. 

IT:  Access for natural persons only. 
For 71222 (limousine services): 
DK:    Access  for  natural  persons  only,  and  local 

establishment requirement. 

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

IT:    Access  for  natural  persons  only,  and  economic 

needs test. 

LV:  Authorization  required  (licence),  not  extended  to 

foreign registered vehicles. 

- 

PT:  Economic needs test. 
For 71213 (Intercity bussing services):66 
IT, ES, IE:  Economic needs test. 
FR :  Unbound. 

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

DK:  Economic needs test 

LV: Authorization required (licence and  special permit), 

not extended to foreign registered vehicles. 

PT:  Access through incorporation only. 
For 71223: 

- 
LV: Authorization required (licence), not extended to foreign 
registered vehicles. 

65    Needs test based on the number of service suppliers in the local geographic area. 
66    Where the supply of a service is subject to an economic needs test, this is essentially based on existing public transport on the route concerned. 

EN 

132 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
                                                 
 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii) and subject to the following specific 
limitations: 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
specific limitations: 

AT, BG, CY, CZ, EE, HU, MT,  PL, SI, SK: Unbound 

PT:  Nationality requirement for specialist personnel 
RO: Unbound for (ii). 

b) 
Transportation 

Freight 

(CPC 7123) 

Unbound 
None except BG, CY, CZ, EE, HU, MT, PL, SI, SK: 

1) 
2) 
Unbound 
3) 
established in another Member State:  unbound. 

For  transport  within  a  Member  State  by  a  carrier 

AT,  BG,  CY,  CZ,  ES,  EE,  HU,  MT,  PL,  SI,  SK:  

Unbound 

IT:  For transport within the country, licensing subject to 
an economic needs test. 
FI:  Authorisation  required,  not  extended  to  foreign 
registered vehicles. 

SE: Authorization required for commercial land transport 
service  operations.  Authorization 
the 
applicants financial situation, experience and capability to 
supply  the  services.  Limitations  on  the  use  of  leased 
vehicles for such operations. 

is  based  on 

4)  
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
AT, BG, CY, CZ, EE, HU, MT, PL, SK and SL: Unbound 
RO: Unbound for (ii) 
Unbound* 
1) 
MT, RO: Unbound 
2) 
3) 
SE: Operators allowed to establish and maintain their 
own  terminal  infrastructure  facilities,  subject  to  space  and 
capacity constraints. 
MT, RO: Unbound 

Maintenance  and 
d) 
Repair  of  Road  Transport 
Equipment   
(All  Member 

States 
except  BG,  CZ, 
EE,  FI,  HU,  SK and SL : 

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

DK:  Residence requirement for managers 

RO: Unbound for (ii) 
1) 
2) 
3) 
by a carrier established in another Member State. 

Unbound 
BG, HU, MT, PL, SK: Unbound 
Unbound for transport within a Member State 

AT, BG, ES, HU, PL, MT, SK:  Unbound. 
SE:  Requirement  on  established  utilities  to  use 
vehicles with national registration. 

4)  
Unbound except as indicated in the horizontal 
section  under (i) and (ii) and subject to the following 
limitations: 
AT,  BG,  CY,  CZ,  EE,  HU,  LV,  MT,  PL,  SI,  SK: 
Unbound 
RO: Unbound for (ii) 

Unbound* 
1) 
MT, RO: Unbound 
2) 
MT, RO: Unbound 
3) 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 

EN 

133 

EN 

 
  
 
 
 
 
 
 
 
 
 
CPC  

8867 

SK:  

6112.  
BG:  6112,  part  of 

CZ,  EE,  HU  and  
6112+8867.  
FI  6112  and  parts 
SI:  part 
88.  

of  
of CPC   6112**) 

Supporting 

(e) 
services for  
transport 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
MT, RO: Unbound 

MT, RO: Unbound 

1)  All Member States:  Unbound 

1)  All Member States:  Unbound 

road 

2)  All Member States except LV: Unbound 

2)  All Member States except LV: Unbound 

equipment 

(For LV only:  
CPC  7441,  CPC 

7449) 

LV:  None 

LV:  None 

3)  All Member States except LV: Unbound 

LV:  Authorization  required  (agreement  with  bus  station, 
license). 

3)  All Member States except LV: Unbound 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 

  All Member States except LV: Unbound 

LV:  Unbound,  except  as 
horizontal section 

indicated 

in 

the 

LV:  None 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 

  All Member States except LV: Unbound 

LV:  None 

LV:  For  CSS-EJP  only:   

None 

G. 

Pipeline Transport 

1)  All Member States:  Unbound 

1)  All Member States except HU:  Unbound 

LT: CPC 713 

2)   All Member States except HU, LT:  Unbound 

  HU: None 

  HU, LT: None 

2)  All Member States:  Unbound 

3)  All Member States except HU, LT:  Unbound  

  HU, LT: None 

  HU: Services may be provided through a  Contract 

of 

EN 

134 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
H. 
to all modes of transport 

Services  auxiliary 

(a) 

CPC  

Cargo-handling 
services   
(EE,  LV and  LT: 
741) 

Concession granted by the  
authority 

state 

or 

the 

local 

3)  All Member States except HU, LT:  Unbound 

LT: None 

  HU, LT: None 

Unbound  except  as  indicated  in  the  horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 

  All Member States except HU, LT:  Unbound  

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

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 

  All Member States except HU, LT:  Unbound 

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

1)  All Member States except EE, LV and LT: Unbound*67.  

1)  All Member States except EE, LV:  Unbound*. 

EE, LV and LT: None 

   EE, LV: None 

2) All Member States except EE, LV and LT: Unbound  

2)  All  Member  States  except  EE,  LV  and  LT: 
Unbound  

EE, LV and LT: None 

3) All Member States except EE, LV and LT: Unbound  

EE, LV and LT: None except in airports where categories 
of activities   committed  depend  of  size  of  airport, 
the  number  of  providers  in  each  airport  can  be 
limited due to available- 
space  constraints  and  to 
not less than   two  suppliers  for  other  reasons,  and 
non-discriminatory  pre-approval  procedures  may 

apply. 

EE, LV and LT: None  

3)  All  Member  States  except  EE,  LV  and  LT: 

Unbound  

EE, LV and LT: None  

4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)    and  subject  to  the  following 

4) 
Unbound except as indicated in the horizontal 
section under (i) and (ii)  and subject to the following 

67 *  A commitment on this mode of supply is not feasible. 

EN 

135 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Storage 

b) 
Warehouse 

and 
Services
Member 
States except BG: CPC 742 
in 

(other 

than 

(All 

ports) 
BG:  Only  for  storage  and 
warehouse 
services 
auxilarly  to  road  transport 
(part of CPC 742)) 

c) 
Freight  Transport 
Agency/Freight Forwarding 
Services (CPC 748) 

limitations: 

limitations: 

  All Member States except EE, LV and LT: Unbound.  

  All  Member  States  except  EE,  LV  and  LT: 

EE,  LV  and  LT:  Unbound,  except  as  indicated  in 

Unbound.  

the horizontal section 

Unbound* 
1) 
3) CY, CZ, MT, LT, PL, RO, SK and SE: Unbound 
2) 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)    and  subject  to  the  following 
limitations: 
CY, CZ, MT, LT, PL, RO, SK: Unbound 

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

LV: None 
Unbound* 
3)  CY,  CZ,  MT,  LT,  PL,  RO,  SK  and  SE: 

1) 
2) 
Unbound 
4) 
Unbound except as indicated in the horizontal 
section under (i) and (ii)  and subject to the following 
limitations: 
CY, CZ, MT, LT, PL, RO, SK: Unbound 

1)  2) CY, CZ, HU, MT, PL, RO, SK and SE: Unbound 

1)  CY, CZ, HU, MT, PL, RO, SK and SE: Unbound 

BG: Commercial presence required. 

3) CY, CZ, HU, MT, PL, RO, SK and SE: Unbound 

SI: None other than customs clearance is subject to 
limitation  to  juridical  person  established  in  the 
Republic of Slovenia 

BG:  Foreign  persons  can  supply  services  only  through 
participation  in  Bulgarian  companies  with  49  per  cent 
limitation on equity participation and through branches. 

4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CY, CZ, HU, MT, PL, RO, SK: Unbound 

2)  CY, CZ, HU, MT, PL, RO, SK and SE: Unbound 

3) CY, CZ, HU, MT, PL, RO, SK and SE: Unbound 

SI: None other than customs clearance is subject to 
limitation  to  juridical  person  established  in  the 
Republic of Slovenia 

*   A commitment on this mode of supply is not feasible. 

EN 

136 

EN 

 
  
 
 
 
 
 
 
 
 
                                                 
Pre-Shipment 
(CPC 

74968 
Inspection 
except 
for  BG:  Other 
supporting  and  auxiliary 
transport 
services, 
excluding local pack up and 
delivery,  part  of  CPC  749 
and FI: CPC 7490 only) 

I. 
Services 

Other  Transport 

(Provision 

of 
Transport 

Combined 
Service) 

2) CY, CZ, HU, MT, PL, RO, SE, SK: Unbound 

1) 
BG: Commercial presence required. 
3) CY, CZ, HU, MT, PL, RO, SE, SK: Unbound 
BG:  Foreign  persons  can  supply  services  only  through 
participation  in  Bulgarian  companies  with  49  per  cent 
limitation on equity participation and through branches. 
4) 
Unbound  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CY, CZ, HU, MT, PL, RO, SK: Unbound 
1) 
2) 
SK: Unbound 
3)  
None,  without  prejudice  to  the  limitations  affecting 
any given mode of transport except in AT, BG, CY, CZ, EE, 
HU, LT, LV, MT, PL, RO, SE, SI, SK: unbound. 
Unbound  except  as  indicated  in  the  horizontal 
4) 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SI, SK: 
Unbound. 

Unbound except for FI: none 
BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SI, 

4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CY, CZ, HU, MT, PL, RO, SK: Unbound 
1) 
Unbound 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
CY, CZ, HU, MT, PL, RO, SK: Unbound 

2)  3)  CY,  CZ,  HU,  MT,  PL,  RO,  SE,  SK: 

Unbound except for FI: none 
BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, 

1) 
2) 
SE, SI, SK: Unbound 
3)  
None,  without  prejudice  to  the  limitations 
affecting  any  given  mode  of  transport  except  in  AT, 
BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SI, 
SK: unbound. 
4) 
Unbound except as indicated in the horizontal 
section  under  (i)  and  (ii)  and  subject  to  the  following 
limitations: 
AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, 
SI, SK: Unbound. 

68  

Indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance. 

EN 

137 

EN 

 
  
 
 
 
 
 
 
                                                 
DEFINITIONS CONCERNING MARITIME TRANSPORT  

1. 
Without prejudice to the scope of activities which may be considered as “cabotage” under the relevant national legislation, this schedule does not include “maritime 
cabotage services”, which are assumed to cover transportation of passengers or goods between a port located in a Member State and another port located in the same Member 
State and traffic originating and terminating in the same port located in a Member State provided that this traffic remains within this Member State’s territorial waters. 

2. 
“Other  forms  of  commercial  presence  for  the  supply  of  international  maritime  transport  services” means  the  ability  of  international  maritime  transport  service 
suppliers of the other Party to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport service within 
which the maritime transport constitutes a substantial element. (This commitment shall not, however, be construed as limiting in any manner the commitments undertaken 
under the cross-border mode of delivery). 

These activities include, but are not limited to: 

(a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or 

offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements; 

(b) the acquisition, on their own account or on behalf or their customers (and the resale to their customers) of any transport and related services, including inward transport 

services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated services; 

(c)  the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported; 

(d) the  provision  of  business  information  by  any  means,  including  computerised  information  systems  and  electronic  data  interchange  (subject  to  the  provisions  of  this 

Agreement); 

(e) the  setting  up  of  any  business  arrangements  (including  participation  in  the  stock  of  a  company)  and  the  appointment  of  personnel  recruited  locally  (or,  in  the  case  of 

foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping agency; 

(f)  acting on behalf of the companies, organising the call of the ship or taking over cargoes when required. 

3. 
of multimodal carriage of goods, is issued and who is responsible for the carriage of goods pursuant to the contract of carriage. 

« Multimodal transport operators » means the person on whose behalf the bill of lading /multimodal transport document, or any other document evidencing a contract 

EN 

138 

EN 

 
  
 
COMMUNITY (continued) 

Attachment A 

GLOSSARY 
TERMS USED FOR INDIVIDUAL MEMBER STATES 

France 
Société Civile 
SC 
Société Civile Professionnelle 
SCP 
Société d'Exercice Libéral 
SEL 
Société en Nom Collectif 
SNC 
SCS 
Société en Commandite Simple 
SARL  Société à Responsabilité Limitée 
SCA 
SA 
N.B.: 

Société en Commandite par Actions 
Société Anonyme 

Toutes ces sociétés sont dotées de la personnalité morale 

Germany 
GmbH & CoKG  Kommanditgesellschaft, bei der der persönlich haftende Gesellschafter   eine  GmbH  (a  stock  company 
with limited responsibility) ist. 
EWIV  Europäische Wirtschaftliche Interessenvereinigung (European Economic Interest Grouping) 

Società per Azioni (joint stock company) 
Società a Responsabilità Limitata (company with limited responsibility) 

Italy 
SPA 
SRL 
For Italy the following professional services are covered in the EC offer: 
Ragionieri-periti commerciali 
Commercialisti 
Geometri 
Ingegneri 
Architetti 
Geologi   
Medici    
Farmacisti 
Psicologi 
Veterinari 
Biologi   
Chimici   
Periti agrari 
Agronomi 
Attuari 

Bookkeeping accounting-auditing 
Bookkeeping-accounting-auditing 
Surveyors 
Engineers 
Architects 
Geologists 
Doctors 
Pharmacists 
Psychologists 
Veterinarians 
Biologists 
Chemists 
Agricultural experts 
Agronomists 
Actuarists 

EN 

139 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
ANNEX IV 

 (ANNEX VIII of the Agreement referred to in Article 120 of the Agreement) 

SCHEDULE OF SPECIFIC COMMITMENTS ON FINANCIAL SERVICES 

PART A 

COMMUNITY’S SCHEDULE 

INTRODUCTORY NOTE 

1. 
The  specific  commitments  in  this  schedule  apply  only  to  the  territories  in  which  the  Treaties 
establishing  the  Community  are  applied  and  under  the  conditions  laid  down  in  these  Treaties.  These 
commitments apply only to the relations between the Communities and their Member States on the one hand, 
and  non-Community  countries  on  the  other.  They  do  not  affect  the  rights  and  obligations  of  Member  States 
arising from Community law. 

2. 

The following abbreviations are used to indicate the Member States: 

AT 
BE 
BG 
CY 
CZ 
DE 
DK 
ES 
EE 
FR  
FI 
EE 
HU 
IT 
IE 
LU 
LT 
LV 
MT 
NL 
PT 
PL 
RO 
SE 
SI 
SK 
UK 

Austria 
Belgium 
Bulgaria 
Cyprus 
Czech Republic 
Germany 
Denmark 
Spain 
Estonia 
France 
Finland 
Greece 
Hungary 
Italy 
Ireland 
Luxembourg 
Lithuania 
Latvia 
Malta 
The Netherlands 
Portugal 
Poland 
Romania 
Sweden 
Slovenia 
Slovak Republic 
United Kingdom 

EN 

140 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
“Subsidiary” of a legal person means a legal person which is effectively controlled by another legal person.  

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

EN 

141 

   EN 

 
HORIZONTAL COMMITMENTS 

I. 
ALL 
INCLUDED 
SCHEDULE 

SECTORS 
IN  THIS 

In all Member States1 services considered as public 
3) 
utilities  at  a  national  or  local  level  may  be  subject  to  public 
monopolies  or 
to  private 
operators2. 

to  exclusive  rights  granted 

a)  Treatment  accorded  to  subsidiaries  (of 
3) 
Chilean  companies)  formed  in  accordance  with  the 
law  of  a  Member  State  and  having  their  registered 
office,  central  administration  or  principal  place  of 
business  within  the  Community  is  not  extended  to 
branches or agencies established in a Member State by 
a Chilean company. However, this does not prevent a 
Member  State  from  extending  this  treatment  to 
branches  or  agencies  established  in  another  Member 
State  by  a  Chilean  company  or  firm,  as  regards  their 
operation  in  the  first  Member  State's  territory,  unless 
such extension is explicitly prohibited by Community 
law. 
b)  Treatment  less  favourable  may  be  accorded  to 
subsidiaries 
in 
(of  Chilean  companies) 
accordance  with  the  law  of  a  Member  State  which 
have  only 
registered  office  or  central 
administration  in  the  territory  of  the  Community, 
unless  it  can  be  shown  that  they  possess  an  effective 
and  continuous  link  with  the  economy  of  one  of  the 
Member States. 

formed 

their 

Formation of Legal Entity 

In the case of Austria, Finland and Sweden no horizontal reservation has been taken for services considered as public utilities. 

1  
2   Explanatory Note: Public utilities exist in sectors such as related  scientific and  technical consulting services, R&D services on social sciences and humanities, technical testing and analysis services, 
environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to private operators, for instance operators 
with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not 
practical. 

EN 

142 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3) 
RO: The sole  administrator or the Chairman 
of  the  Board  of  Administration  as  well  as  half  of  the 
total  number  of  administrators  of  the  commercial 
companies  shall  be  Romanian  citizens  unless 
otherwise stipulated in the company contract or in its 
statutes.  The majority of the commercial companies’ 
auditors and their deputies shall be Romanian citizens. 
SE: A limited liability company (joint stock company) 
may  be  established  by  one  or  several  founders.  A 
founding  party  shall  either  reside  within  the  EEA 
(European Economic Area) or be an EEA legal entity. 
A  partnership  can  only  be  a  founding  party  if  each 
the  EEA1.  Corresponding 
partner  resides  within 
conditions prevail for establishment of all other types 
of legal entities. 

Law on Foreign Companies' Branches 

Law on Foreign Companies' Branches 

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

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

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

SE: The managing director of a branch shall reside 
within the EEA (European Economic Area)2. 

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

SI:  The  establishment  of  branches  by  foreign 
companies  is  conditioned  with  the  registration  of  the 

1 
2 

Exceptions from these requirements may be granted, if it can be proved that residency is not necessary. 
Exceptions from these requirements may be granted, if it can be proved that residency is not necessary. 

EN 

143 

EN 

 
  
 
 
 
 
 
                                                                                                                                                                                                                                                    
 
parent  company  in  a  court  register  in  the  country  of 
origin for at least one year. 

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

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

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

Legal Entities: 

3)  BG: The establishment of foreign service suppliers, joint 
ventures  included,  may  only  take  the  form  of  limited 
liability company or joint stock company with at least two 
shareholders.    Establishment  of  branches  is  subject  to 
authorization. 
  Unbound  for  representative  offices.  
Representative  offices  may  not  engage  in  economic 
the  public  (state  or 
activity.  In  enterprises  where 
municipal) share in the equity capital exceeds 30 per cent, 
the  transfer  of  these  shares  to  third  parties  needs 
authorization. 

FI: Acquisition of shares by foreign owners giving more 
than  one  third  of  the  voting  rights  of  a  major  Finnish 
company or a major business undertaking (with more than 
1000  employees  or  with  a  turnover  exceeding  1000 
million  Finnish  markka  or  with  a  balance  sheet  total 
exceeding  167  million  euros)  is  subject  to  confirmation 
by  the  Finnish  authorities  ;  the  confirmation  may  be 
denied  only  if  an  important  national  interest  would  be 
jeopordized. 

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

HU: Commercial presence should take the form of limited 
liability  company,  joint-stock  company,  or  representative 
office. Initial entry as branch is not permitted. 
PL:  The  establishment  by  foreign  service  suppliers  may 
only take the form of limited partnership, limited liability 
company or joint stock company. 

EN 

144 

EN 

 
  
 
 
 
Real estate purchases: 

Real estate purchases: 

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

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

is  easily  granted 

CY: Unbound. 

HU: Unbound for the acquisition of state owned property. 

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

MT: Unbound for the acquisition of real property. 

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

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

RO:  Natural  persons  not  having  Romanian  citizenship 
and  residence  in  Romania,  as  well  as  legal  persons  not 
having  Romanian  nationality  and  their  headquarters  in 
Romania, cannot acquire ownership over any kind of land 

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

BG:  Foreign  natural  and  juridical  persons  (incl. 
through  a  branch)  cannot  acquire  ownership  of 
land.    Bulgarian  juridical  persons  with  foreign 
acquire  ownership  of 
participation 
agricultural land. 

cannot 

Foreign juridical persons and foreign citizens with 
permanent residence abroad can acquire ownership 
of  buildings  and  limited  property  rights  of  real 
estate subject to the permission of the Ministry of 
Finance.  The  permission  requirement  does  not 
apply  to  persons  who  have  made  investments  in 
Bulgaria. 

Foreign citizens with permanent residence abroad, 
foreign  juridical  persons  and  companies  in  which 
foreign participation ensures a majority in adopting 
decisions or blocks the adoption of decisions, can 
acquire  real  estate  property  rights  in  specific 
geographic  regions  designated  by  the  Council  of 
Ministers subject to permission. 

IE: Prior written consent of the Land Commission 
is  necessary  for  the  acquisition  of  any  interest  in 

1  SI: According to the Law on Commercial Companies, a branch established in the Republic of Slovenia is not considered a juridical person, but as regards their operation, their treatment is equal to a 

subsidiary. 

EN 

145 

EN 

 
  
 
 
 
 
                                                 
plots, through inter vivos acts (for modes 3 and 4). 

SI:  Juridical  persons,  established  in  the  Republic  of 
Slovenia with foreign capital participation, may acquire 
real  estate  on  the  territory  of  the  Republic  of  Slovenia. 
Branches1  established  in  the  Republic  of  Slovenia  by 
foreign  persons  may  only  acquire  real  estate,  except 
land,  necessary  for  the  conduct  of  the  economic 
activities  for  which  they  are  established.  Ownership  of 
real estate in the border areas of 10 km by companies in 
which  majority  of  capital  or  voting  rights  belongs 
directly or indirectly to juridical persons or nationals of 
another Member is subject to special permission. 

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

(other 

than  agricultural 

Irish  land  by  domestic  or  foreign  companies  or 
foreign nationals. Where such land is for industrial 
this 
use 
requirement  is  waived  subject  to  a  certificate  to 
this  effect  from  the  Minister  for  Enterprise  and 
Employment.  This  law  does  not  apply  to  land 
within the boundaries of cities and towns. 

industry), 

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

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

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

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

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

in 

IT: Unbound for purchase of real estate. 

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

EN 

146 

EN 

 
  
 
 
 
 
the islands. 

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

Investments: 

Investments: 

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

- 
after  a  period  of  one  month  following  prior 
notification,  authorization  is  tacitly  granted  unless  the 
in  exceptional 
Minister  of  Economic  Affairs  has, 
the 
circumstances,  exercised 
investment. 

to  postpone 

its  right 

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

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

BG:  Foreign  investments  are  registered  with  the 
Ministry  of  Finance  for  statistical  and  taxation 
purposes only. 

A  foreign  person  or  a  company  in  which  foreign 
participation  ensures  a  majority 
in  adopting 
decisions  or  blocks  the  adoption  of  decisions, 
directly  or  through  other  companies  with  foreign 
participation, is to obtain a permission for: 

(i) 

distribution  of  weapons,  munitions  or 
military equipment; 

(ii)  Banking 

or 

insurance 

participation 
companies; 

in  banking  or 

activities, 

or 
insurance 

(iii)  prospecting,  development  or  extraction  of 
natural  resources  from  the  territorial  sea, 
continental  shelf  or  the  exclusive  economic 
zone; 

(iv)  acquisition  of  participation  which  ensures  a 
majority  in  adopting  decisions  or  blocks  the 

1  Commercial, industrial or artisanal activities relate to sectors such as: other business services, construction, distribution and tourism services. It does not relate to telecommunications and financial 

services. 

EN 

147 

EN 

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

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

FR:  For  establishing  in  certain1  commercial,  industrial  or 
artisanal  activities,  a  specific  authorization  is  needed  if  the 
managing  director  is  not  holder  of  a  permanent  residence 
permit. 

adoption of decisions in a company engaged 
in any of the activities specified in (i), (ii) and 
(iii) above. 

With respect to banking and insurance referred to 
in  (ii)  and  (iv)  the  criteria  for  authorization  or 
permission  are  prudential  and  are  consistent  with 
the  obligation  of  Articles  XVI  and  XVII  of  the 
GATS. 

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

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

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

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

MT:  Companies  with  the  participation  of 

EN 

148 

EN 

 
  
 
 
 
 
 
 
non-resident  legal  or  natural  persons  are  subject  to 
the same capital requirement applicable to companies 
that are fully owned by residents as follows: private 
companies  –  Lm500  (with  a  minimum  of  20%  as 
paid up capital); public companies – Lm20000 (with 
a  minimum  of  25%  paid  up  capital).  The  non-
resident  percentage  of  share  of  the  equity  is  to  be 
paid for with funds emanating from abroad. 

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

included 

in 

a)  Provision  of  services  which  are  new  to 

Cyprus 

b)  Promotion  of  the  export  orientation  of  the 
economy  with  development  of  existing  and  new 
markets 

c)  Transfer  of  modern  technology,  know-how 

and new management techniques 

d) 

Improvement  either  of 

the  productive 
structure  of  the  economy  or  of  the  quality  of  existing 
products and services 

e)  Complementary  impact  on  existing  units  or 

activities 

f) 

Viability of proposed project 

g)  Creation  of  new 

for 
scientists, qualitative improvement and training of local 

job  opportunities 

EN 

149 

EN 

 
  
 
  
 
  
  
  
  
  
 
  
 
 
staff 

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

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

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

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

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

EN 

150 

EN 

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

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

- management of seaports and airports; 

- dealing in real estate or acting as   intermediary  in 

real estate transactions; 

- supply to defence industry that is not covered by 

other licensing requirements; 

- wholesale trade in imported consumer goods; 

- provision of legal advisory services. 

- 

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

- 

arranging a contract, that includes right to use 
of state property for more than 6 months or decides on 
acquiring of such property. 

authorities 

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

indicated 

sector 

in 

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

Subsidies 

151 

EN 

EN 

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

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

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

Exchange regime1,2,3,4: 

Exchange regime2 

1 

CZ: Non-discriminatory system of foreign exchange control is applied consisting of: 
a) limitation on acquisition of foreign exchange by resident nationals for personal purposes, 
b) foreign exchange authorization in case of Czech residents for acceptance of financial credits from foreign subjects, direct capital investment abroad, acquisition of real estate abroad and purchases of 
foreign securities. 

2  PL: There is non-discriminatory system of foreign exchange controls relating to limitations in foreign exchange turnover and to system of foreign exchange permits (general and individual) among others 

limitations of capital flows and currency payments. The following foreign exchange transactions require authorization: 

- transfer of foreign exchange out of the country; 
- transfer of Polish currency into the country; 
- ownership transfer of the right to monetary assets between domestic and foreign persons; 
- granting and drawing of loans and credits by domestic persons in foreign exchange transactions; 
- fixing or executing payments in foreign currencies within Poland for acquired goods, real estate, property rights, services or labour; 
- opening and possessing of a banking account in a bank situated abroad; 
- acquiring and holding foreign securities and acquiring real estate abroad, 
- undertaking other obligations abroad of similar effect. 
SK: Entries being listed for transparency reasons. 

3 
4  BG:  There  is  a  non-discriminatory  system  of  foreign  exchange  controls  over  transfers  and  payments  related  to  current  transactions:    (i)  limitations  on  exports  and  imports  of 
national or foreign currency in cash;  (ii) limitations on acquisition of foreign exchange by resident nationals for personal purposes; (iii) foreign employees may purchase 

EN 

152 

EN 

 
  
 
 
 
 
                                                 
 
 
 
 
 
 
 
 
 
 
1),  2),  3),  4)  BG:  Payments  and  transfers  abroad  require  the 
authorization of the Bulgarian National Bank when related to 
investments and state or state-guaranteed loans.1 

CY:  Under  the  Exchange  Control  Law, 
4) 
non-residents  are  not  normally  permitted  to  borrow 
from local sources 

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

relation 

to  capital  payments, 

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

Services  Relating  to  the  Use  of  Nuclear  Energy  for 
Peaceful Purposes 

1),2),  3),4)  BG:  Unbound  for  services  relating  to  the 
exploration,  extraction,  and  processing  of  fissionable  and 
fusionable  materials  or  the  materials  from  which  they  are 
derived, as well as to the trade therewith, to the maintenance 
and  repair  of  equipment  and  systems  in  nuclear  energy 
production  facilities,  to  the  transportation  of  such  materials 
and the refuse and waste matter of their processing, to the use 
of ionising radiation, and on all other services relating to the 
use of nuclear energy for peaceful purposes (incl. engineering 
and  consulting  services  and  services  relating  to  software, 

foreign  currency  up  to  70  per  cent  of  their  labour  remuneration;    (iv)  payments  and  transfers  abroad  in  foreign  currency  are  to  be  effectuated  by  banks;    (v)  unilateral 
transfers require the permission of BNB; (vi) payments on the territory of the Republic of Bulgaria are to be effectuated in BGL. 

1  Foreign  persons  have  the  right  to  transfer  abroad  the  following  revenues  and  compensations  that  accrue  from  investments  in  the  Republic  of  Bulgaria:  returns  received, 
compensation for expropriation of the investment for state purposes, proceeds from the liquidation or sale of all or part of the investment, the amount received in execution 
of a claim secured in currency by a pledge or a mortgage. 
PL: The footnote under market access is also applicable for national treatment. 

2 

EN 

153 

EN 

 
  
 
 
 
 
 
 
 
                                                                                                                                                                                                                                                    
etc.). 

Privatization1 

3)  BG:  Unbound  for  participation  in  privatization  through 
state  external  debt  bonds  and  for  services  sectors  and/or 
service suppliers not subject to privatization under the annual 
privatization programme. 

RO: Unbound 

4) 
 Unbound except for measures concerning the entry 
into  and  temporary  stay2  within  a  Member  State,  without 
requiring  compliance  with  an  economic  needs  test3,  of  the 
following categories of natural persons providing services: 
i)  the  temporary  presence,  as  intra-corporate  transferee4,  of 
natural persons in the following categories, provided that the 
service  supplier  is  a  legal  person  and  that  the  persons 
concerned have been employed by it or have been partners in 
it  (other  than  as  majority  shareholders),  for  at  least  the  year 
immediately preceding such movement: 

Privatization 

3) BG: Unbound for participation in the privatization 
through  investment  vouchers  or  other  preferential 
privatization  methods,  where  Bulgarian  citizenship 
and permanent residence are required. 

RO: Unbound 

4) 
Unbound except for measures concerning the 
categories of natural persons referred to in the Market 
Access column. 

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

remains  within 

1  RO:  Thirty per  cent of  the capital  of  the State  owned  commercial  companies  has been distributed  free of  charge  to  Romanian citizens  through  "Ownership Certificates"  which 

cannot be sold to foreign legal and natural persons. 

RO: The remaining 70 per cent of the capital of these companies is to be put on sale. 
RO:  Within  the  privatization  process  the  foreign  investors  can  buy  assets  and  shares  of  commercial  companies.  Romanian  legal  and  natural  persons  have  a  priority  right  in  this 

respect. Under privatization through the MEBO method (Management-Employee-Buy-Out) the right to purchase a commercial company is reserved for its employees. 
2  The duration of "temporary stay" is defined by the Member States and, where they exist, Community laws and regulations regarding entry, stay and work. The precise duration can vary according to the 
different categories of natural persons mentioned in this schedule. For category (i), the length of stay is limited in the following Member States as follows: BG – one-year, which may be extended for up 
yo one additional year for a total term not to exceed three years; EE – three years, which may be extended for up to two additional years for a total term not to exceed five years; LV – Five years; LT – 
three years, extendable in the case of senior personnel only for up to two additional years; PL and SI – one year, which may be extended. For category (ii), the length of stay is limited in the following 
Member States as follows: BG – three months within one calendar year; EE – 90 days per six month period; PL – three months; LT – three months a year; HU, LV, SI – 90 days. 

3  All other requirements of Community and Member States' laws and regulations regarding entry, stay, work and social security measures shall continue to apply, including regulations concerning period of 

stay, minimum wages as well as collective wage agreements. 

4   An "intra-corporate transferee" is defined as a natural person  working within a legal person, other than a non-profit making organisation, established  in the territory of Chile , and being temporarily 
transferred in the context of the provision of a service through commercial presence in the territory of a Member State; the legal persons concerned must have their principal place of business in the 
territory of Chile and the transfer must be to an establishment (office, branch or subsidiary) of that legal person, effectively providing like services in the territory of a Member State to which the EC 
Treaty applies. 

EN 

154 

EN 

 
  
 
 
 
 
 
 
 
 
                                                 
BG: The number of such transferees is not to exceed 10 per 
cent  of  the  average  annual  number  of  the  Bulgarian  citizens 
employed by the respective Bulgarian juridical person (where 
than  100  persons  are  employed,  the  number  of 
less 
intracorporate  transferees  may,  subject  to  authorization, 
exceed 10 per cent) 
a) 

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

-  directing  the  establishment  or  a  department  or 

sub-division of the establishment; 

-  supervising  and  controlling  the  work  of  other 
or  managerial 

professional 

supervisory, 
employees; 

regulated  professional  service  in  one  Member  State 
does not grant the right to practise in another Member 
State. 

Residency requirements 

AT: Managing directors of branches and legal persons 
have  to  be  resident  in  Austria;  natural  persons 
responsible  within  a  legal  person  or  a  branch  for  the 
observance of the Austrian Trade Act must be resident 
in Austria. 
MT:  Immigration  regulations  under  the  Immigration 
Act  (Cap  217)  will  regulate  the  issue  of  residency 
permits/documents. 

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

–  BG:  and  who  do  not  directly  perform  tasks 
concerning the actual supply of the services of the 
establishment. 

RO: Natural persons serving in management jobs are 
those persons with relevant higher education who, within an 
organization, have the task to manage this organization or one 
of its departments or divisions. 
 Persons working within a legal person who possess 
b) 
uncommon  knowledge  essential 
the  establishment's 
service,  research  equipment,  techniques  or  management.  In 
assessing such knowledge, account will be taken not only of 
knowledge specific to the establishment, but also of whether 

to 

EN 

155 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
the person has a high level of qualification referring to a type 
of  work  or  trade  requiring  specific  technical  knowledge, 
including membership of an accredited profession. 

RO: Natural persons serving in expert jobs are those 
persons  who  have  university  degrees  in  the  speciality  of  the 
position they occupy. 
ii) the temporary presence of natural persons in the following 
categories: 
a) 
Persons  not  residing  in  the  territory  of  a  Member 
State to which the EC treaties apply, who are representatives 
of a service supplier and are seeking temporary entry for the 
purpose of negotiating for the sale of services or entering into 
agreements  to  sell  services  for  that  service  provider,  where 
those  representatives  will  not  be  engaged  in  making  direct 
sales to the general public or in supplying services themselves 
(in  addition,  for  EE,  HU,  LV,  SI:    or  on  their  own  behalf 
receive  remuneration  from  a  source  located  within  the 
Member State concerned). 
Persons working in a senior position, as defined in i) 
b) 
a)  above,  within  a  legal  person,  who  are  responsible  for 
setting  up  in  a  Member  State  a  commercial  presence  of  a 
service provider of Chile when: 
the representatives are not engaged in making direct 
- 
sale  or  supplying  services  (in  addition,  for EE,  HU,  LV,  SI:  
or  on  their  own  behalf  receive  remuneration  from  a  source 
located within the Member State concerned);  and 
the  service  provider  has  its  principal  place  of 
- 
business  in 
the  territory  of  Chile  and  has  no  other 
representative,  office,  branch  or  subsidiary  in  that  Member 
State. 

industrial, 
FR:  The  managing  director  of  an 
commercial or artisanal activity1, if not holder of a residence 
permit, needs a specific authorization. 

 IT:  Access  to  industrial,  commercial  and  artisanal 

1 

Commercial, industrial or artisanal activities relate to sectors such as: other business services, construction, distribution and tourism services. It does not relate to telecommunications and financial 
services. 

EN 

156 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
activities  is  subject  to  a  residence  permit  and  specific 
authorization to pursue the activity. 

EN 

157 

EN 

 
  
II.1. FINANCIAL SERVICES-SPECIFIC COMMITMENTS (first part) 1 

1.  Part of the EC (AT, BE, BG, CZ, DK, DE, ES, FI, FR, EL, HU, IE, IT, LU, NL, PT, SK, SE, UK) undertakes commitments on Financial Services in accordance with 
the  provisions  of  the  "Understanding  on  Commitments  in  Financial  Services"  attached  (the  Understanding).  These  commitments  are  in  the  following  section. 
Commitments on Financial Services of the other part of the EC (CY, EE, LV, LT, MT, PL, RO, SI) are not based on the Understanding and are in a second section. 

2.  These  commitments  are  subject  to  the  limitations  on  market  access  and  national  treatment  in  the  "all  sectors"  section  of  this  schedule  and  to  those  relating  to  the 

subsectors listed below. 

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 respectively, except for Hungary, for which they apply only to the transactions indicated in paragraphs B.3 (a) and (b) and B.4 (a) and (b) respectively. 

4.  Notwithstanding note 1 above, the market access and national treatment commitments in respect of mode (4) on financial services are those in the "all sectors" section 
of this schedule, except for Bulgaria, the Czech Republic, Hungary, the Slovak Republic, and Sweden, in which case commitments are made in accordance with the 
Understanding. BG: The specific commitments in respect of mode (4) on financial services are as well subject to the general limitations contained in the "all sectors" 
section. 

5.  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 121. 

6.  As a general rule and in a non-discriminatory manner, financial institutions incorporated in a Member State of the Community must adopt a specific legal form. 

7.  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. 

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

financial services, although banks may be authorised to provide services in the securities field as well. 

1   Unlike foreign subsidiaries, branches established directly in a Member State by a Chilean 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 
Chilean of a commercial presence or to the provision of cross-border services from Chile; consequently, a Member State may not apply these restrictions, including those concerning establishment, 
to Chilean 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. 

EN 

158 

EN 

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

10. 
regulations and have permanent residency in Hungary for at least one year. 

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 

EN 

159 

EN 

 
  
 
A. 

Insurance and Insurance-Related Services 

1.  CZ: Compulsory motor third party liability insurance is provided by an exclusive supplier.1 Compulsory health insurance is provided by licensed Czech owned suppliers 

only. 

SK: The following insurance services are provided by exclusive suppliers: Compulsory motor third party liability insurance, compulsory air transport insurance, the 
2. 
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. 

Part  of  the  EC  (AT, 
BE, DK, DE, ES, FI, 
FR,  EL,  IE,  IT,  LU, 
NL,  PT,  SE,  UK) 
undertakes  additional 
as 
commitments 
contained 
the 
“Additional 
commitments  by  part 
of the EC” attached. 

in 

1) 

1) 

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. 
Unbound  for  Life  insurance  services  and 
BG: 
pension  fund  services,  Non-life  insurance  services, 
Insurance  intermediation  and  Services  auxiliary  to 
insurance,  such  as  consultancy,  actuarial,  risk 
assessment and claim settlement services. 

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

in  Austria 

(except 

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

BG:  For Life insurance services and pension fund services 
insurance  services  (except  deposit 
and  Non-life 
insurance  and  similar  compensation  schemes,  as  well 
as  mandatory  insurance  schemes2):  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 

1  CZ: When monopoly rights concerning compulsory motor third party liability insurance are removed, providing this service will be open on a non-discriminatory basis to Czech established service 

providers. 

2 Exclusive service suppliers may be established or authorized with respect to mandatory insurance schemes. 

EN 

160 

EN 

 
  
 
 
 
 
 
 
 
 
                                                 
 
contracts only through a branch. 

Unbound 
compensation 
insurance schemes. 

for  deposit 

similar 
schemes,  as  well  as  mandatory 

insurance 

and 

Unbound  for  reinsurance  and  retrocession  services 
other than life and non-life reinsurance services. 

BG:  Unbound  for  Insurance  intermediation  and  Services 
auxiliary  to  insurance,  such  as  consultancy,  actuarial, 
risk assessment and claim settlement services. 

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 

underwritten  only  by 
Community. 

firms  established 

can 
in 

be 
the 

Unbound for reinsurance and retrocession services  

other than life and non-life reinsurance services.  

EN 

161 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(including 

DK:  No  persons  or  companies 
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. 

in  Germany, 

DE:  If  a  foreign  insurance  company  has  established  a 
insurance 
branch 
contracts 
international 
transport  only  through  the  branch  established  in 
Germany. 

it  may  conclude 

in  Germany 

relating 

to 

IT:  Unbound for the actuarial profession. 

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  sub-paragraph  3  (a)  of 
the Understanding. 

FI:  The supply of insurance broker services is subject to a 
the  European 

permanent  place  of  business 
Economic Area. 

in 

FR:  Insurance of risks relating to ground transport may be 
carried  out  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 
the  Community.  This 
in 
companies  established 
reservation  does  not  apply  for  international  transport 
involving imports into Italy. 

EN 

162 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
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. 

insurance  service  supplier  authorised 

SE:  The supply of direct insurance is allowed only through 
an 
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) 

2) 

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

in  Austria 

(except 

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

BG:  For Life insurance services and pension fund services 
insurance  services  (except  deposit 

and  Non-life 

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:  Unbound  for  Reinsurance  and  retrocession 
intermediation  and  Services 
services,  Insurance 
auxiliary to insurance, such as consultancy, actuarial, 
risk assessment and claim settlement services. 

EN 

163 

EN 

 
  
 
 
 
 
 
 
insurance  and  similar  compensation  schemes,  as  well 
as  mandatory  insurance  schemes1):  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. 

BG:  Unbound 

for  deposit 

similar 
schemes,  as  well  as  mandatory 

insurance 

and 

compensation 
insurance schemes. 

BG:  Unbound  for  Reinsurance  and  retrocession  services, 
Insurance  intermediation  and  Services  auxiliary  to 
insurance,  such  as  consultancy,  actuarial, 
risk 
assessment and claim settlement services. 

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 

1 Exclusive service suppliers may be established or authorized with respect to mandatory insurance schemes. 

EN 

164 

EN 

 
  
 
 
 
 
 
 
 
                                                 
 
underwritten  only  by 
Community. 

firms  established 

in 

the 

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. 

in  Germany, 

DE:  If  a  foreign  insurance  company  has  established  a 
insurance 
branch 
contracts 
international 
transport  only  through  the  branch  established  in 
Germany. 

it  may  conclude 

in  Germany 

relating 

to 

FR:  Insurance of risks relating to ground transport may be 
carried  out  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 
the  Community.  This 
in 
reservation  does  not  apply  for  international  transport 
involving imports into Italy. 

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. 

3) 

3) 

EN 

165 

EN 

 
  
 
 
 
 
 
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 
insurance 
association. 

joint  stock  company  or  a  mutual 

participation 

in  Bulgarian 

BG:  For Life insurance services and pension fund services 
and  Non-life 
insurance  services  (except  deposit 
insurance  and  similar  compensation  schemes,  as  well 
as  mandatory  insurance  schemes1):  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 
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 
(FSC).  For  establishing  a  branch  in  Bulgaria  to 
provide  certain  classes  of  insurance,  a  foreign  insurer 
must  have  been  authorized  to  operate  in  the  same 
classes of insurance in its country of origin for at least 
insurance 
five  years.  The  branches  of  foreign 
companies  should  satisfy  the  following  requirements: 
specific guarantee and deposit requirements, a separate 
capitalization,  and  localization  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 

and 

deposit 

insurance 

BG:  For  Life  insurance  services  and  pension  fund 
insurance  services 
services  and  Non-life 
(except 
similar 
compensation  schemes,  as  well  as  mandatory 
insurance schemes2): 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 
the  Financial 
to  a  permission  of 
Supervision Commission (FSC). 

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

local  natural  and 

BG:  Unbound  for  deposit  insurance  and  similar 
compensation  schemes,  as  well  as  mandatory 
insurance schemes. 

BG:  Unbound for services other than Life and non-
life  reinsurance  services.  For  Life  and non-life 
reinsurance  services:  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 
the  Financial 
Supervision Commission (FSC). 

to  permission  of 

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

local  natural  and 

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

1 Exclusive service suppliers may be established or authorized with respect to mandatory insurance schemes. 
2 Exclusive service suppliers may be established or authorized with respect to mandatory insurance schemes. 

EN 

166 

EN 

 
  
 
 
 
                                                 
 
 
contracts only through a branch. 

Slovak Republic. 

BG:  Unbound 

for  deposit 

similar 
schemes,  as  well  as  mandatory 

insurance 

and 

compensation 
insurance schemes. 

BG:  Unbound  for  reinsurance  and  retrocession  services 
other  than  life  and  non-life  reinsurance  services.  The 
reinsurance  service  suppliers  cannot  be  set  up  for  the 
supply of both life and non-life reinsurance services.  

participation 

in  Bulgarian 

Foreign  persons  can  supply  insurance  services  only 
through 
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 
(FSC). 

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. 

BG:  For Insurance intermediation and Services auxiliary to 
insurance,  such  as  consultancy,  actuarial, 
risk 
assessment  and  claim  settlement  services:  Only  trade 
companies,  registered  in  the  Republic  of  Bulgaria 
under  the  Trade  Law,  and  licensed  by  the  Financial 
Supervision  Commission 
conduct 
intermediation activity. 

(FSC)  may 

Services  auxiliary  to  insurance  have  to  relate  to 
insurance. 

Unbound for the actuarial services. 

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 

EN 

167 

EN 

 
  
 
 
 
 
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. 

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). 

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

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. 

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

EN 

168 

EN 

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

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

SK:  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. 

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

EN 

169 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4) 

4) 

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

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

BG:  Unbound  for  services  other  than  Life  and  non-life 
reinsurance services. Unbound for Insurance intermediation 
and  Services  auxiliary  to  insurance,  such  as  consultancy, 
actuarial, risk assessment and claim settlement services. 

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

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. 

reinsurance 

BG:  Unbound for services other than Life and non-
for 
life 
Insurance intermediation and Services auxiliary 
to  insurance,  such  as  consultancy,  actuarial, 
risk assessment and claim settlement services. 

services.  Unbound 

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 
the  Community.  The 
Member  States  of 
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. 

IT:  Residence requirement for actuarial profession. 

EN 

170 

EN 

 
  
 
 
 
B.  Banking and Other Financial Services (excluding insurance) 

1.  CZ:  Non-central  bank  currency  issue  services,  trading  of  bullion,  money  broking,  settlement  and  clearing  services  for  derivative  products,  and  advisory, 

intermediation and other auxiliary financial services relating to these activities are not committed. 

EN 

171 

EN 

 
  
 
2. 

SK: Trading of bullion, money broking, and intermediation are not committed. 

1)1  

1) 

BE:  Establishment in Belgium is required for the provision 

of investment advisory services. 

BG:  Unbound except for Provision and transfer of financial 
information  and  financial  data  processing  and  related 
software  by  suppliers  of  other  financial  services  and 
Financial  consultancy  services:  None,  except  for  the 
limitations  and  conditions  relating  to  the  use  of 
telecommunications  network  listed  in  the  respective 
sector  of  the  Schedule  of  Specific  Commitments  on 
Services. 

BG:  Unbound  except  for  Provision  and  transfer  of 
financial  information  and  financial  data  processing 
and  related  software  by  suppliers  of  other  financial 
services and Financial consultancy services: None. 

Part  of  the  EC  (AT, 
BE, DK, DE, ES, FI, 
FR,  EL,  IE,  IT,  LU, 
NL,  PT,  SE,  UK) 
undertakes  additional 
as 
commitments 
contained 
the 
“Additional 
commitments  by  part 
of the EC” attached. 

in 

for  "promotori  di  servizi 

finanziari" 
IT:  Unbound 
(financial salesmen).CZ: Unbound 
of 
transferable  securities  and  of  other  negotiable  instruments 
and  financial  assets,  participation  in  issues  of  all  kinds  of 
securities,  asset  management,  and  settlement  and  clearing 
services for financial assets. 

trading 

for 

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. 

1 

IT: Provision and transfer of financial information and financial data processing entailing trading of financial instruments may be prohibited where the protection of investors is likely to be seriously 
prejudiced. Only authorised banks and investment firms must comply with conduct of business rules in providing investment advice concerning financial instruments and advice to undertakings on 
capital structure, industrial strategy and related matters, and advice and service relating to mergers and acquisition of undertakings. Advisory activity should not include asset management. 

EN 

172 

EN 

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

(a)  opening  and  funding  of  an  account  abroad  by 

Czech residents, 

(b)  capital payments abroad (except FDI), 

(c)  granting financial credits and guarantees, 

(d)  operations in financial derivates, 

(e)  purchase of foreign securities except for the cases 

as described by the Foreign Exchange Act, 

(f) 

issue  of  foreign  securities  for  public  and  non-
public trade in the Czech Republic or their introduction on 
the domestic market. 

IE:  The  provision  of  investment  services  or  investment 
advice  requires  either  (I)  authorisation  in  Ireland,  which 
normally  requires  that  the  entity  be  incorporated  or  be  a 
partnership  or  a  sole 
in  each  case  with  a 
trader, 
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  (II) 
authorisation  in  another  Member  State  in  accordance  with 
the EC Investment Services Directive. 

SK:  Unbound  for  trading  of  transferable  securities  and  of 
other  negotiable 
assets, 
participation  in  issues  of  all  kinds  of  securities,  asset 
management,  and  settlement  and  clearing  services  for 
financial assets. 

instruments 

financial 

and 

None other than: 

EN 

173 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(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 
and 
non-residents only through security dealers. 

limitation 

any 

(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; 

(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. 

(v)  Export  and  import  of  the  Slovak  currency  and 
foreign exchange in cash exceeding value of 150 ths SKK 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. 

EN 

174 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(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. 

2)1 

2) 

BG:  Unbound except for Provision and transfer of financial 
information  and  financial  data  processing  and  related 
software  by  suppliers  of  other  financial  services  and 
Financial  consultancy  services:  None,  except  as 
specified in 1) above. 

 BG:  Unbound  except  for  Provision  and  transfer  of 
financial  information  and  financial  data  processing 
and  related  software  by  suppliers  of  other  financial 
services and Financial consultancy services: None. 

CZ:  Unbound for asset management. 

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: 

(a) opening  and  funding  of  an  account  abroad  by 

Czech residents, 

1  

IT: Authorised persons enabled to conduct collective asset management are deemed responsible for any investment activity conducted by their delegated advisers (Collective asset management, 
excluding UCITS). 

EN 

175 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(b) capital payments abroad (except FDI), 

(c)  granting financial credits and guarantees, 

(d) operations in financial derivates, 

(e)  purchase of foreign securities except for the cases 

as described by the Foreign Exchange Act, 

(f) 

issue  of  foreign  securities  for  public  and  non-
public trade in the Czech Republic or their introduction on 
the domestic market. 

FI:  Payments from governmental entities (expenses) shall 
be  transmitted  through  the  Sampo  Bank  Ltd.  Exemption 
from this requirement may be granted on special reason by 
the Ministry of Finance. 

SK:  Unbound for asset management. 

None other than: 

(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 
and 
non-residents only through security dealers. 

limitation 

any 

(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 

EN 

176 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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; 

(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 150 ths SKK 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 

(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. 

3)  

3) 

All Member States: 

BG:  For Banking services as listed below: 

-  The  establishment  of  a  specialised  management  company 
is required to perform  the activities of  management of unit 
trusts and investment companies. 

- Only firms having their registered office in the Community 
can act as depositories of the assets of investment funds. 

-  Acceptance  of  deposits  and  other  repayable 
funds from the public 

-  Lending,  such  as  consumer  credit,  mortgage 
credit,  factoring  and  financing  of  commercial 
transactions 

EN 

177 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
BG:  For Banking services as listed below: 

- Payment and money transmission services 

-  Acceptance  of  deposits  and  other  repayable  funds 
from the public 

- Guarantees, excluding guarantees of the State 
Treasury 

-  Lending,  such  as  consumer  credit,  mortgage  credit, 
factoring and financing of commercial transactions 

- Financial leasing: 

- Payment and money transmission services 

None,  except  for  those  in  the  Market  Access 
column. 

-  Guarantees,  excluding  guarantees  of  the  State 
Treasury 

BG:  For Other financial services as listed below: 

-  Participation 
issuance  of  securities, 
including  underwriting  of  securities,  excluding 
treasury bonds 

in 

-  Trading  for  own  and  customers  account  of 
transferable securities 

-  Asset  management  (excluding  pension  fund 
management): 

None,  except  for  those  in  the  Market  Access 
column. 

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 Area. 

- Financial leasing: 

Foreign banks  that  are  to  establish  in  the  Republic of 
Bulgaria must be duly authorized 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 
shares 
representing 5 per cent or higher of the voting rights of 
an  established  bank  is  subject  to  an  authorization  by 
the Bulgarian National Bank. 

indirectly,  of 

Criteria  for  authorization  are  prudential  and  are 
consistent  with  the  obligations  of  Articles  XVI  and 
XVII of the GATS. 

The  direct  or  indirect  acquisition  of  participation  in 
non-financial enterprise by a bank of more than 10 per 
cent  of  the  capital  of  this  enterprise  is  subject  to  the 
approval of the Bulgarian National Bank. 

Exclusive service suppliers status may be granted as to 
deposit  and  money  transmission  services  provided  to 

EN 

178 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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. 

BG:  For Other financial services as listed below: 

-  Participation  in  issuance  of  securities,  including 
underwriting of securities, excluding treasury bonds 

-  Trading  for  own  and  customers  account  of 
transferable securities 

-  Asset  management 

(excluding  pension 

fund 

management): 

investment 

intermediaries, 

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

the  management  and 

related 

to 

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 per cent 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  the  Financial  Supervision 

EN 

179 

EN 

 
  
 
 
 
 
 
 
 
 
 
Commission (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. 

BG:  For Provision and transfer of financial information and 
financial  data  processing  and  related  software  by 
suppliers  of  other  financial  services  and  Financial 
consultancy  services:  None,  except  as  specified  in  1) 
above. 

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. 

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. 

EN 

180 

EN 

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

to  qualifications,  personal 

investment 

is  related 

companies 

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  Sampo  Bank  Ltd.  Exemption 
from this requirement may be granted on special reason by 
the Ministry of Finance. 

EL:  For  the  establishment  and  operations  of  branches  a 
minimum  amount  of  foreign  exchange  must  be 
imported,  converted  into  euros  and  kept  in  Greece  as 

EN 

181 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
long as a foreign bank continues to operate in Greece: 

-  Up  to  four  (4)  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; 

the  operation  of  additional  branches 

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

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

IT:  Clearing  services 

including 

the  phase  of  final 
settlement  may  be  conducted  only  by  entities  duly 
authorised  and  supervised  by  the  Bank  of  Italy  in 
agreement with Consob.  

IT:  The  public  offer  of  securities  can  only  be  made  by 

entities duly authorised. 

IT:  Centralised  deposit,  custody  and  administration 
services  can  be  provided  only  by  entities  duly  authorised 
and  supervised  by  the  Consob  in  agreement  with  the  Bank 
of Italy. 

IT: 

In  the  case  of  collective  investment  schemes  other 
than  harmonised  UCITS  under 
the  directive 
85/611/EEC,  the  trustee/  depositary  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, 

EN 

182 

EN 

 
  
 
 
 
 
 
 
 
 
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. 

In 

the  case  of  collective 

IE: 
investment  schemes 
constituted  as  unit  trusts  and  variable  capital  companies 
(other  than  undertakings  for  collective  investment  in 
transferable  securities,  UCITS),  the  trustee/depositary  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  (I)  be  authorised  in  Ireland, 
which  requires  that  it  be  incorporated  or  be  a 
partnership, with a head/registered office in Ireland, or 
(II)  be  authorised 
in 
accordance  with 
Investment  Services 
Directive. 

in  another  Member  State 
the  EC 

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

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 

EN 

183 

EN 

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

insurance  companies  established 

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 

EN 

184 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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. 

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

incorporated 

4) 

4) 

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

IT:  Condition of residence for "promotori di servizi 
finanziari" (financial salesmen). 

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

BG:  For Banking services as listed below: 

-  Acceptance  of  deposits  and  other  repayable  funds 
from the public 

-  Lending,  such  as  consumer  credit,  mortgage  credit, 
factoring and financing of commercial transactions 

- Payment and money transmission services 

-  Guarantees,  excluding  guarantees  of  the  State 
Treasury 

- Financial leasing: 

EN 

185 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Unbound, except as in 3) above. 

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. 

EN 

186 

EN 

 
  
 
II.2.  FINANCIAL SERVICES-SPECIFIC COMMITMENTS (second part) 

EN 

187 

EN 

 
  
1. 

The commitments on Financial Services of the other part of the EC (CY, EE, LV, LT, MT, PL, RO and SI) are in the following section. 

2.  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 125. 

3.  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; 

  -  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;  

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

4.  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 10,000 Maltese Liri 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.. 

5.  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. 

6.  RO: The establishment and the activity of insurance and reinsurance companies are subject to the authorization from the Romanian Insurance Supervisory Commission. 

7.  RO: The establishment and the activity of the banking companies are subject to the authorization from the National Bank of Romania. There are no restrictions for the establishment of a 

foreign bank in Romania, other than the observance of prudential measures set up by the National Bank of Romania. 

8.  RO: The establishment and the activity of securities market related entities (natural or legal persons, as the case may be) are subject to an authorization from the National Securities 

Commission of Romania (NSC). 

9.  RO: 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. 

10.  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 125.  

11.  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. 

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

EN 

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

188 

EN 

 
  
 
 
 
 
 
 
 
 
A. 

Insurance and Insurance-Related Services 

1. 

EE: Compulsory social security services are not committed. 

2. 

LV: (i), (ii) (3): As a general rule and in non-discriminatory manner, insurance institutions incorporated in Latvia must adopt a specific legal form. 

 3.  LV: (iii) (3): 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. 

4. 

(i) 

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

insurance 
co-

Direct 
(including 
insurance): 

1) 

CY: 

1) 

CY, EE, LV, LT: None. 

Life insurance (including intermediation):  

MT: 

(a) 

life 

(b) 

non-life 

No insurer can offer life insurance services in the Republic of 
Cyprus unless licensed as an insurer by the Superintendent of 
Insurance,  in  accordance  with  the  Insurance  Companies 
Laws. 

Life insurance, non-life insurance and reinsurance and 
retrocession:  None. 

Insurance  intermediation  and  services  auxiliary  to 
insurance:  Unbound. 

(ii) 

Reinsurance  and 
retrocession 

Non-life insurance (including intermediation):  

No  insurer  can  offer  non-life  insurance  services  (except 
Marine,  Aviation  and  Transit)  in  the  Republic  of  Cyprus 
unless  licensed  as  an  insurer  by  the  Superintendent  of 
Insurance,  in  accordance  with  the  Insurance  Companies 
Laws. 

PL: 

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

RO: 

Reinsurance and retrocession (including intermediation):  

Unbound except for reinsurance and retrocession 

(iii) 

Insurance 
intermediation, 
such as brokerage 
and agency 

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. 

Services auxiliary to insurance: None. 

SI: 

Marine,  aviation  and  transport  insurance,  insurance 
intermediation,  and  services  auxiliary  to  insurance: 
None. 

EN 

189 

EN 

 
  
 
 
 
 
 
 
 
 
EE:  None. 

RO: 

Not committed. 

insurance, 

Services auxiliary 
(iv) 
to 
such  as 
consultancy, actuarial, risk 
assessment 
claim 
and 
settlement services 

LV: 

Life  insurance,  non-life  insurance  (except  marine, 
aviation and transport insurance), and reinsurance and 
retrocession: Unbound. 

Life 
insurance, 
intermediation: Unbound. 

non-life 

insurance 

and 

insurance 

Reinsurance  and  retrocession,  and  services  auxiliary  to 
insurance: None. 

LT: 

Life  insurance,  non-life  insurance  (except  for  maritime  and 
aviation insurance), and insurance intermediation: Unbound. 

Maritime and aviation insurance, reinsurance and retrocession 
and services auxiliary to insurance: None. 

MT: 

Marine,  aviation  and  transport  insurance,  reinsurance  and 
retrocession, and insurance intermediation: None. 

Life insurance, non-life insurance (except for marine, aviation 
and transport insurance), reinsurance and retrocession (except 
for  marine,  aviation  and  transport  reinsurance),  and  services 
auxiliary to insurance:  

Unbound. 

EN 

190 

EN 

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

RO: 

Life  insurance,  non-life  insurance  and  services  auxiliary  to 
insurance: Unbound. 

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

SI:  

Marine, aviation and transport insurance : 

Insurance activities provided by mutual insurance institutions 
are  limited  to  incorporated  companies  established  in  the 
Republic of Slovenia. 

transport 

Life  insurance,  non-life  insurance  (except  marine,  aviation 
and 
insurance),  reinsurance  and  retrocession, 
insurance intermediation, and services auxiliary to insurance: 
Unbound. 

2) 

2) 

CY, EE, LV, LT: None. 

CY, EE, LV, LT: None. 

MT: 

MT: 

Life  insurance,  non-life  insurance,  and  reinsurance  and 
retrocession: None. 

Life insurance, non-life insurance, and reinsurance and 
retrocession: None. 

Insurance intermediation and services auxiliary to insurance: 
Unbound. 

Insurance  intermediation  and  services  auxiliary  to 
insurance: Unbound. 

PL: Unbound except for the reinsurance, the retrocession and 

PL:  Unbound  except 
retrocession  and 

the 

for 
reinsurance, 
insurance  of  goods 

the 
in 

EN 

191 

EN 

 
  
 
 
 
 
 
 
 
 
insurance of goods in international trade. 

international trade. 

RO: 

RO: Unbound except for reinsurance and retrocession 

Life  insurance,  non-life  insurance  and  services  auxiliary  to 
insurance: Unbound. 

SI:  

Reinsurance  and  retrocession:  Ceding  in  reinsurance  on 
international  market  can  be  made  only  if  the  reinsured  risk 
cannot be placed on domestic market. 

Marine,  aviation  and  transport  insurance,  reinsurance 
and 
intermediation,  and 
insurance 
services auxiliary to insurance: None. 

retrocession, 

SI: 

Marine, aviation and transport insurance : 

Insurance activities provided by mutual insurance institutions 
are  limited  to  incorporated  companies  established  in  the 
Republic of Slovenia. 

Life insurance and non-life insurance (except marine, aviation 
and transport insurance): Unbound. 

Life insurance and non-life insurance (except marine, 
aviation and transport insurance): Unbound. 

Reinsurance and retrocession: 

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). 

Insurance intermediation and services auxiliary to insurance: 
None. 

3) 

CY: 

3) 

CY, LV, LT, MT, PL, RO: None. 

EN 

192 

EN 

 
  
 
 
 
 
 
 
 
 
Life and non-life insurance (including intermediation): 

EE: 

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 
insurance  companies, 
incorporated  in  the  Republic  of  Cyprus,  requires  the  prior 
approval of the Central Bank. 

in 

Life and non-life 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. 

Reinsurance 
insurance 
intermediation  and  services  auxiliary  to  insurance: 
None. 

retrocession, 

and 

Reinsurance and retrocession (including intermediation): 

SI: 

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

Life insurance, non-life insurance, and reinsurance and 
retrocession: None. 

in  reinsurance  companies 
Investment  by  non-residents 
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. 

Insurance  intermediation  and  services  auxiliary  to 
insurance: 

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

Services auxiliary to insurance: None. 

EE, LV, LT: None 

PL:  Establishment  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. 

EN 

193 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
A  person  executing  activities  of 

insurance 
intermediation  must  possess  a  licence.  Local  incorporation 
required for insurance intermediaries. 

the 

RO: 

Life  insurance:  The  establishment  of  companies  with 
foreign  participation  is  allowed  only  in  partnership  with 
Romanian legal or natural persons. 

The  representatives  of  foreign  companies  and  of  the 
associations  of  foreign  insurers  have  the  right  to  conclude 
insurance  contracts  only  with  foreign  legal  and  natural 
persons. 

Non-life  insurance:  The  establishment  of  companies  and 
intermediation  agencies  with 
is 
allowed only in partnership with Romanian legal or natural 
persons. 

foreign  participation 

The  representatives  of  foreign  insurance  companies  and  of 
the  associations  of  foreign  insurers  have  the  right  to 
conclude  insurance  contracts  only  with  foreign  legal  and 
natural persons and for their goods. 

Reinsurance  and 
retrocession:  The  establishment  of 
companies  with  foreign  participation  is  allowed  only  in 
partnership with Romanian legal or natural persons. 

to 

insurance:  The  establishment  of 
Services  auxilary 
companies and  intermediation 
foreign 
agencies  with 
participation  is  allowed only in  partnership with  Romanian 
legal or natural persons. 

Intermediation  agencies  are  not  allowed 
to  conclude 
insurance  contracts  for  foreign  insurance  companies  with 
Romanian legal or natural persons or for their goods. 

The representatives of foreign insurance companies and of the 

EN 

194 

EN 

 
  
 
associations  of  foreign  insurers  have  the  right  to  conclude 
only the following types of insurance contracts: 

insurance  and  reinsurance  contracts  with  legal  and 

(a) 
natural foreign persons or for their goods; 

reinsurance  contracts  with  Romanian 

insurance 
(b) 
companies, Insurance-reinsurance companies and reinsurance 
companies. 

SI: 

Life and non-life 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 
existence of shareholders from different countries; 

the 

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

EN 

195 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
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 

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).  

Insurance 
insurance:  

intermediation  and 

services  auxiliary 

to 

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

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

Operation is limited to activities referred under A(i) and (ii) 
of this Schedule. 

4) 

CY: 

4) 

CY: 

insurance, 
Life,  non-life 
services auxiliary to insurance: Unbound. 

insurance 

intermediation  and 

Life,  non-life  insurance,  insurance  intermediation 
and services auxiliary to insurance: None. 

Reinsurance and retrocession: 

Reinsurance and retrocession: 

Unbound.  Natural  persons  are  not  authorised  to  provide 
reinsurance services. 

Unbound.  Natural  persons  are  not  authorised  to 
provide reinsurance services. 

EN 

196 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
EE,  LV,  LT,  MT:  Unbound  except  as  indicated  in  the 
horizontal section under (i) and (ii). 

EE, LT, MT, SI: Unbound except as indicated in the 
horizontal section under (i) and (ii). 

PL:  Unbound  except  as  indicated  in  the  horizontal  section 
under  (i)  and  (ii)  and  subject  to  the  following  specific 
limitation:  Residency 
insurance 
intermediaries. 

requirement 

for 

LV, PL: None. 

RO: 

RO: 

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

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

SI: 

Life  insurance,  non-life  insurance,  and  reinsurance  and 
retrocession 

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

Insurance intermediation and services auxiliary to insurance 

Unbound except as indicated in the horizontal section under 
(i) and (ii) and for actuarial and risk assessment residence is 
required 
to  a  qualifying  examination, 
membership in the Actuarial Association of the Republic of 
Slovenia and proficiency in the Slovene language. 

in  addition 

B.  Banking and Other Financial Services (excluding insurance) 

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

Central Bank. 

2.  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 cent per individual or organisation and 6.0 per cent collectively. 

3. 

LV: Mode 4: Manager of a branch and a subsidiary of a foreign bank shall be a Latvian tax payer (resident). The commitments on presence of natural persons are bound 

EN 

197 

EN 

 
  
4. 

(v) 

(vi) 

according to general provisions applicable to all sectors in this list. 

LT: All subsectors: At least one manager must be Lithuanian citizen. 

of 
and 
repayable 
the 

Acceptance 
deposits 
other 
funds  from 
public 

Lending  of  all 
including 
types, 
consumer  credit, 
mortgage  credit, 
and 
factoring 
financing 
of 
commercial 
transaction 

1) 

CY:  Subsectors (v) to (ix) and (x) (b):   Unbound/only legal 
entities licensed by the Central Bank may offer banking 
services in the Republic of Cyprus. 

1) 

CY:  Unbound, except for: 

Subsectors (x) (e), (xv) and (xvi):   None except 
as indicated in the horizontal section. 

Subsectors (x) (e), (xv) and (xvi):   None 
indicated in the horizontal section. 

except 

as 

EE, LV, LT, SI: None. 

All other subsectors: Unbound 

MT:  Subsectors (v) and (vi):     None. 

EE:  Acceptance of deposits and other repayable funds from 

the public 

 Subsector (xv):  Unbound, except for the provision 
of financial information by international providers. 

Requirement  of  authorisation  by  Eesti  Pank  and 
registration  under  Estonian  Law  as  a  joint-stock 
company, a subsidiary or a branch. 

PL:  Unbound, except for: 

Subsector (xv):  

None. 

is 

required 

EE,  LT:  The  establishment  of  a  specialised  management 
company 
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. 

to  perform 

RO: Unbound, except for: 

Subsectors  (v),  (vi),  (viii),  (ix),  (xii),  (xv)  and 
(xvi): None 

(vii) 

Financial leasing 

MT:  Not committed. 

PL:  Not committed. 

EN 

198 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
RO:  Not committed. 

(viii)  All  payment  and 
money 
transmission 
services, 
including  credit, 
charge  and  debit 
travellers 
cards, 
cheques 
and 
bankers drafts 

MT: 

Not committed. 

(ix) 

Guarantees 
commitments 

and 

LV:  Unbound, except for: 

  Subsectors (xi), (xv) and (xvi): None. 

MT:  Not committed. 

required. 

LT: Pension  fund  management: 

  Commercial  presence 

PL:  Excluding 
guarantees 
and 
commitments of the 
State Treasury. 

MT:  Subsectors (v) and (vi): None. 

Subsector  (xv):  Unbound,  except  for  the  provision  of 
financial information by international providers. 

PL:   Unbound, except for: 

  Subsector 

(xv):  Requirement 

the  public 
telecommunication  network,  or  the  network  of  other 
the  case  of  cross-border 
authorised  operator, 
provision of these services. 

to  use 

in 

(x) 

Trading  for  own 

EN 

199 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
RO:  Unbound, except for: 

Subsectors (v), (vi), (ix), (xii), (xv) and (xvi): None 

Subsector  (viii):  Allowed  only  through  a  resident 
bank.SI:  None for subsector (xv) and and (xvi). 

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  above  mentioned  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. 

for 
of 

account  or 
account 
customers, 
whether  on  an 
exchange,  in  an 
over-the-counter 
market 
otherwise, 
following: 

or 
the 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

money  market 
instruments 
(including 
cheques, 
certificates 
deposits) 

bills, 
of 

foreign exchange 

derivative 
products 
including, but not 
limited to, futures 
and options 

exchange 
rate 
and  interest  rate 
instruments, 
including 
products  such  as 
swaps, 
forward 
rate agreements 

transferable 
securities 

other  negotiable 
instruments  and 
financial  assets, 

EN 

200 

EN 

 
  
 
 
 
 
 
including bullion 

MT:  Not committed. 

PL: 
committed. 

Only  (x)  (e)  is 

RO: 
committed. 

Only  (x)  (e)  is 

(xi) 

Participation 
in 
issues of all kinds 
of 
securities, 
including 
underwriting  and 
as 
placement 
(whether 
agent 
or 
publicly 
and 
privately) 
provision 
of 
related 
services 
to such issues 

2) 

2) 

CY:  Subsectors (v) to (xiv), except subsector (x) (e) 

CY:  Unbound, except for:  

Unbound-Residents of Cyprus require permission from 
the  Central  Bank  in  conformity  with  the  Exchange 
Control  Law  for  borrowing  in  foreign  currency  or 
abroad,  for  placing  funds  abroad  or  for  obtaining 
banking services that require export of funds. 

Subsector (x) (e), (xv) and (xvi) 

None except as indicated in the horizontal section. 

Subsectors  (x)  (e),  (xv)  and  (xvi):  None  except 
as indicated in the horizontal section. 

EE, LV, LT, SI: None. 

MT:  Subsectors (v) and (vi):   None. 

Subsector 
provision 
international providers. 

(xv):  Unbound,  except 
of 

for 
information 

financial 

the 
by 

MT:  Not committed. 

EE, LV, LT: None. 

MT:  Subsectors (v) and (vi):   None. 

PL:  Unbound, except for: 

Subsector (xv) and (xvi):  

None. 

PL:  Excluding 

participation 
in 
issues  of  Treasury 
papers.  

Subsector  (xv):  Unbound,  except  for  the  provision  of 
financial information by international providers. 

RO: Unbound, except for: 

PL:   Unbound, except for: 

Subsectors (v), (vi), (viii), (ix), (x) (e), (xii), (xv) 
and (xvi): None 

  Subsector 

(xv):  Requirement 

the  public 
telecommunication  network,  or  the  network  of  other 
authorised operator, in the case of consumption abroad 

to  use 

EN 

201 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SI: 

  Excluding 
in 
participation 
issues  of  Treasury 
bonds. 

of these services. 

Subsector (xvi): None. 

RO:  Unbound except for: 

Subsectors (vi), (ix), (xii), (xv) and (xvi): None. 

Subsector  (v),  (viii)  and  (x)  (e):  The  opening  of 
accounts  and  utilization  of  foreign  currency  resources 
abroad  by  natural  and  legal  Romanian  persons  is 
allowed  only  with  prior  permission  from  the  National 
Bank of Romania. 

(xii)  Money broking 

MT:  Not committed. 

PL: 

Not committed. 

(xiii)  Asset 

SI:  None for subsectors (xv) and (xvi). 

management, 
such  as  cash  or 
portfolio 
management,  all 
forms 
of 
collective 
investment 
management, 
pension 
management, 
custodial, 
depository 
trust services 

fund 

and 

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  above  mentioned  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. 

MT:  Not committed. 

EN 

202 

EN 

 
  
 
 
 
  
 
 
 
 
 
 
 
 
 
 
PL:  Only 

portfolio 

management 
services. 

RO:  Only 

portfolio 

management, 
closed-end 
trust 
investment 
open-
services, 
ended 
investment 
funds  services  and 
securities  custody 
services 

SI: 

  Excluding 
pension 
management. 

fund 

(xiv) 

and 
Settlement 
clearing  services 
financial 
for 
assets, 
including 
securities, 
derivative 
products, 
and 
other  negotiable 
instruments 

3) 

3) 

All Member States: 

CY:  All subsectors, except subsector (x) (e) 

- 

- 

The  establishment  of  a  specialised  management 
company  is  required  to  perform  the  activities  of 
management of unit trusts and investment companies. 

None once established and licensed. 

Subsector (x) (e) 

Only  firms  having  their  registered  office  in  the 
Community  can  act  as  depositories  of  the  assets  of 
investment funds. 

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. 

MT:  Not committed. 

CY:  All subsectors, except subsector (x) (e) 

For new banks the following requirements apply: 

EE, LV, LT, MT, PL, SI: None. 

EN 

203 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
PL:  Not committed. 

(a)  A  licence  is  required  from  the  Maltese  financial 

RO:  None, except for: 

authorities. An economic needs test may be applied. 

RO:  Only 

settlement 
clearing 
for 

and 
services 
securities. 

and 
Provision 
(xv) 
transfer 
financial 
of 
information,  and  financial 
and 
processing 
data 
related 
by 
software 
suppliers of other financial 
services 

RO:  Only 

securities 

related services. 

(xvi) 

other 

Advisory, 
intermediation 
and 
auxiliary 
financial  services 
on 
the 
all 
activities listed in 
subparagraphs (v) 
through 
(xv), 
including  credit 
and 
reference 
analysis, 
investment 

and 

Subsector (x) (e): 

The  securities  transactions,  on  the  organized 
securities  markets,  by  a  natural  or  legal  person 
which is a non-resident of Romania are taxed up 
to 1.5% of total value of each buying contract. 

The repatriation of the invested capital and of the 
profits  shall  be  made  in  the  same  currency  in 
which initial investment was made. 

Subsectors (xi) and (xiii): 

The  repatriation  of  the  invested  capital  and  of 
profits  shall  be  made  in  the  same  currency  in 
which initial investment was made. 

(b) Branches  of  foreign  financial  institutions  must  be 
registered in Cyprus under the Companies Law and 
licensed. 

Subsector (x) (e): 

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 
licensed.  Banks  and 
that 
Insurance  companies  may  not  undertake  brokerage 
business. However their subsidiary brokerage firms may 

they  are  appropriately 

EN 

204 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
portfolio  research 
and 
advice, 
on 
advice 
acquisitions  and 
on 
corporate 
restructuring  and 
strategy 

do so. 

LV:  Subsector (xi): 

  The Bank of Latvia (Central Bank) is a financial agent 

of the government in the T-bills market. 

  Subsector (xiii): 

MT:  Not committed. 

Pension  fund  management 
monopoly. 

is  provided  by  State 

PL:  Advisory  and  other 
financial 
in 
the 

auxiliary 
services  only 
relation 
activities 
committed 
Poland. 

for 

to 

SI: 

Excluding 

other 

intermediation 
advisory, 
and 
auxiliary 
financial  services  related 
to participation in issues of 
Treasury  bonds  and 
to 
pension fund management. 

LT:  None,  except  as  indicated  in  horizontal  part  of  section 
“Banking and Other Financial Services”, and for: 

  Subsector (xiii): 

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.  As 
indicated  in  horizontal  part  of  section  “Banking  and  Other 
Financial Services”. 

MT:  Unbound, except for: 

Subsectors (v) and (vi): 

Foreign-owned  credit  and  other  financial  institutions 
may  operate  either  in  the  form  of  a  branch  or  a  local 
subsidiary. 

EN 

205 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PL:  Subsectors (v), (vi), (viii) and (ix) (excluding guarantees 

and commitments of the State Treasury): 

Establishment  of  a  bank  only  in  a  form  of  joint-stock 
company  or  a  licensed  branch.  Nationality  requirement  for 
some – at least one – of the bank executives. 

Subsectors (x) (e), (xi) (excluding participation in issues 
of  Treasury  papers),  (xiii)  (only  portfolio  management 
services)  and  (xvi)  (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 (xv): 

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. 

RO:  Subsextor  (x)  (e):  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 

Subsextor  (xi)  The  securities  company  must  be  a 
Romanian legal entity set up as a joint-stock company 
under  the  Romanian  law,  and  having  as  its  exclusive 
business objective the intermediation of securities. 

Any public offer of securities shall require, previous to 
the  publication  of  its  prospectus,  the  authorization  of 
the National Securities Commission of Romania. 

EN 

206 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Subsextor (xiii): 

Companies performing asset management (except open-
ended  investment  funds)  must  be  established  as  joint-
stock companies under the Romanian law. 

The  open-ended  investment  funds  must  be  established 
under civil Romanian law.  

SI:  None for subsectors (xv) and (xvi). 

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. 

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. 

EN 

207 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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  per  cent  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  per  cent  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  per  cent  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). 

EN 

208 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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. 

4) 

4) 

CY:  All subsectors, except subsector (x) (e): Unbound. 

Subsector (x) (e): Individuals, whether acting alone as 
brokers  or  employed  by  broker  firms  as  brokers,  are 
required to meet the licensing criteria for this purpose. 

CY:  All  subsectors,  except  subsector 

(x)  (e): 
Unbound.  For  financial  institutions  foreign 
employees residence and work permit required. 

Subsector  (x)  (e):  None  except  as  indicated  in 
the horizontal section. 

EE,  LT,  MT,  SI:  Unbound  except  as  indicated  in  the 

horizontal section under (i) and (ii). 

EE, LT, MT, SI: Unbound except as indicated in the 

LV:  Unbound except as indicated in the horizontal section 
under  (i)  and  (ii)  and  in  the  horizontal  section  of  the 
sector “Banking and Other Financial Services”. 

PL:  Subsectors (v), (vi), (viii) and (ix) (excluding guarantee 
and  commitments  of  the  State  Treasury):  Unbound 
except  as  indicated  in  the horizontal  section under  (i) 
and  (ii).  Nationality  requirement  for  some  –  at  least 
one – of the bank executives. 

Subsectors (x) (e), (xi) (excluding participation in issues 
of  Treasury  papers),  (xiii)  (only  portfolio  management 
services),  (xv)  and  (xvi)  (advisory  and  other  auxiliary 
financial services only in relation to the activities committed 

horizontal section under (i) and (ii). 

LV:  None  except  as  indicated  in  the  horizontal 
section  under  (i)  and  (ii)  and  in  the  horizontal 
section  of  the  sector  “Banking  and  Other 
Financial Services”. 

PL:  None. 

RO:  Unbound  except  as  indicated  in  the  horizontal 

section under (i). Unbound for (ii). 

EN 

209 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
for  Poland):  Unbound  except  as  indicated  in  the  horizontal 
section under (i) and (ii). 

RO:  Unbound except as indicated in the horizontal section 

under (i). Unbound for (ii). 

EN 

210 

EN 

 
  
ADDITIONAL COMMITMENTS BY PART OF THE EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, 
SE, UK) 

INSURANCE 

a) 
Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) notes the close co-operation among the 
insurance  regulatory  and  supervisory  authorities  of  these  Member  States  and  encourages  their  efforts  to  promote  improved 
supervisory standards. 

b)  These  Member  States  will  make  their  best  endeavours  to  consider  within  6  months  from  their  submissions  complete 
applications for licenses to conduct direct insurance underwriting business, through the establishment in a Member State of a 
subsidiary in accordance with the legislation of that Member State, by an undertaking governed by the laws of Chile. In cases 
where  such  applications  are  refused,  the  Member  State  authority  will  make  its  best  endeavours  to  notify  the  undertaking  in 
question and give the reasons for the refusal of the application. 

c) 
The supervisory authorities of these Member States will make their best endeavours to respond without undue delay to 
requests  for  information  by  applicants  on  the  status  of  complete  applications  for  licences  to  conduct  direct  insurance 
underwriting business, through the establishment in a Member State of a subsidiary in accordance with the legislation of that 
Member State by an undertaking governed by the laws of Chile. 

d) 
Part  of  the  EC  (AT,  BE,  DK,  DE,  ES,  FI,  FR,  EL,  IE,  IT,  LU,  NL,  PT,  SE,  UK)  will  make  its  best  endeavours  to 
examine  any  questions  pertaining  to  the  smooth  operation  of  the  internal  market  in  insurance,  and  consider  any  issues  that 
might have an impact on the internal market in insurance. 

e) 
Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) notes that, as regards motor insurance, 
under  Community  law  as  in  force  on  1  September  2001,  and  without  prejudice  to  future  legislation,  premiums  may  be 
calculated taking several risk factors into account. 

f) 
Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) notes that under Community law, as in 
force on 1 September 2001, and without prejudice to future legislation, the prior approval by national supervisory authorities of 
policy conditions and scales of premiums that an insurance undertaking intends to use is generally not required. 

g) 
Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) notes that under Community law, as in 
force on 1 September 2001, and without prejudice to future legislation, the prior approval by national supervisory authorities of 
increases in premium rates is generally not required. 

OTHER FINANCIAL SERVICES 

In application of the relevant EC Directives, these Member States will make their best endeavours to consider within 12 
a) 
months  complete  applications  for  licenses  to  conduct  banking  activities,  through  the  establishment  in  a  Member  State  of  a 
subsidiary in accordance with the legislation of that Member State, by an undertaking governed by the laws of Chile. In cases 
where such applications are refused, the Member State will make its best endeavours to notify the undertaking in question and 
give the reasons for the refusal of the application. 

b)  These  Member  States  will  make  their  best  endeavours  to  respond  without  undue  delay  to  requests  for  information  by 
applicants  on  the  status  of  complete  applications  for  licenses  to  conduct  banking  activities,  through  the  establishment  in  a 
Member State of a subsidiary in accordance with the legislation of that Member State, by an undertaking governed by the laws 
of Chile. 

c) 
In  application  of  the  relevant  EC  Directives,  these  Member  States  will  make  their  best  endeavours  to  consider  within 
6 months complete applications for licenses to conduct investment services in the securities field, as defined in the Investment 
Services  Directive,  through  the  establishment  in  a  Member  State  of  a  subsidiary  in  accordance  with  the  legislation  of  that 
Member State, by an undertaking governed by the laws of Chile. In cases where such applications are refused, the Member 
State will make its best endeavours to notify the undertaking in question and give the reasons for the refusal of the application. 

d)  These  Member  States  will  make  their  best  endeavours  to  respond  without  undue  delay  to  requests  for  information  by 
applicants on the status of complete applications for licenses to conduct investment services in the securities area, through the 

EN 

211 

   EN 

 
 
establishment in a Member State of a subsidiary in accordance with the legislation of that Member State, by an undertaking 
governed by the laws of Chile. 

EN 

212 

   EN 

 
UNDERSTANDING ON COMMITMENTS IN FINANCIAL SERVICES 

The Community has been enabled to take on specific commitments with respect to financial services under this Agreement on 
the basis of an alternative approach to that covered by the general provisions of Part IV, Chapter II (Financial Services). It was 
agreed that this approach could be applied subject to the following understanding:  

(i)  

it does not conflict with the provisions of this Agreement;  

(ii)   no  presumption  has  been  created  as  to  the  degree  of  liberalization  to  which  a  Party  is  committing  itself  under  this 

Agreement.  

The Community, on the basis of negotiations, and subject to conditions and qualifications where specified, has inscribed in its 
schedule specific commitments conforming to the approach set out below. 

A. Market Access 

Cross-border Trade 

1. The Community shall permit non-resident suppliers of financial services to supply, as a principal, through an intermediary or 
as an intermediary, and under terms and conditions that accord national treatment, the following services: 

(a)  

insurance of risks relating to:  

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

(ii)   goods in international transit;  

(b)   reinsurance and retrocession and the services auxiliary to insurance as referred to in subparagraph (iv) of Article 117(9);  

(c)   provision and transfer of financial information and financial data processing as referred to in subparagraph (xv) of Article 
117(9)  and  advisory  and  other  auxiliary  services,  excluding  intermediation,  relating  to  banking  and  other  financial 
services as referred to in subparagraph (xvi) of Article 117(9).  

2.   The Community shall permit its residents to purchase in the territory of Chile the financial services indicated in: 

(a)   subparagraph 1(a);  

(b)   subparagraph 1(b); and  

(c)   subparagraphs (v) to (xvi) of Article 117(9).  

Commercial Presence  

3.   The  Community  shall  grant  financial  service  suppliers  of  Chile  the  right  to  establish  or  expand  within  its  territory, 
including through the acquisition of existing enterprises, a commercial presence. 

4.   The Community may impose terms, conditions and procedures for authorization of the establishment and expansion of a 
commercial presence in so far as they do not circumvent its obligation under paragraph 3 and they are consistent with the other 
obligations of this Agreement. 

Temporary Entry of Personnel  

5. (a) The Community shall permit temporary entry into its territory of the following personnel of a financial  

service supplier of Chile that is establishing or has established a commercial presence in the territory of the Community:  

EN 

213 

   EN 

 
 
 
 
(i)   senior managerial personnel possessing proprietary information essential to the establishment, control and operation 

of the services of the financial service supplier; and  

(ii)   specialists in the operation of the financial service supplier.  

(b)   The  Community  shall  permit,  subject  to  the  availability  of  qualified  personnel  in  its  territory,  temporary  entry  into  its 
territory of the following personnel associated with a commercial presence of a financial service supplier of Chile:  

(i)   specialists in computer services, telecommunication services and accounts of the financial service supplier; and  

(ii)   actuarial and legal specialists.  

Non-discriminatory Measures  

6.   The Community shall endeavour to remove or to limit any significant adverse effects on financial service suppliers of 
Chile of: 

(a)   non-discriminatory  measures  that prevent financial service suppliers from offering in the Community's  territory, in the 

form determined by the Community, all the financial services permitted by the Community;  

(b)   non-discriminatory measures that limit the expansion of the activities of financial service suppliers into the entire territory 

of the Community;  

(c)   measures of the Community, when it applies the same measures to the supply of both banking and securities services, and 

a financial service supplier of Chile concentrates its activities in the provision of securities services; and  

(d)   other measures that, although respecting the provisions of this Agreement, affect adversely the ability of financial service 

suppliers of Chile to operate, compete or enter the Community's market;  

provided that any action taken under this paragraph would not unfairly discriminate against financial service suppliers of the 
Party taking such action. 

7.   With  respect  to  the  non-discriminatory  measures  referred  to  in  subparagraphs  6(a)  and  (b),  the  Community  shall 
endeavour  not  to  limit  or  restrict  the  present  degree  of  market  opportunities  nor  the  benefits  already  enjoyed  by  financial 
service suppliers of Chile as a class in the territory of the Community, provided that this commitment does not result in unfair 
discrimination against financial service suppliers of the Community. 

B. National Treatment 

1.   Under terms and conditions that accord national treatment, the Community shall grant to financial service suppliers of 
Chile established in its territory access to payment and clearing systems operated by public entities, and to official funding and 
refinancing facilities available in the normal course of ordinary business. This paragraph is not intended to confer access to the 
Community 's lender of last resort facilities. 

2.   When membership or participation in, or access to, any self-regulatory body, securities or futures exchange or market, 
clearing agency, or any other organization or association, is required by the Community in order for financial service suppliers 
of  Chile  to  supply  financial  services  on  an  equal  basis  with  financial  service  suppliers  of  the  the  Community,  or  when  the 
Community  provides  directly  or  indirectly  such  entities,  privileges  or  advantages  in  supplying  financial  services,  the 
Community  shall  ensure  that  such  entities  accord  national  treatment  to  Chilean  financial  service  suppliers  resident  in  its 
territory. 

C. Definitions 

For the purposes of this approach: 

1.   A non-resident supplier of financial services is a financial service supplier of Chile which supplies a financial service into 
the territory of the Community from an establishment located in the territory of Chile, regardless of whether such a financial 
service supplier has or has not a commercial presence in the territory of the Community. 

EN 

214 

   EN 

 
 
 
 
 
2.  
“Commercial  presence”  means  an  enterprise  within  the  Community's  territory  for  the  supply  of  financial  services  and 
includes  wholly-  or  partly-owned  subsidiaries,  joint  ventures,  partnerships,  sole  proprietorships,  franchising  operations, 
branches, agencies, representative offices or other organizations. 

EN 

215 

   EN 

 
ANNEX V 

AUTHORITIES RESPONSIBLE FOR FINANCIAL SERVICES 

PART A - FOR THE COMMUNITY AND ITS MEMBER STATES: 

European Commission 

DG Trade 

B-1049 Bruxelles 

DG Internal Market 

Austria 

Ministry of Finance 

Directorate Economic Policy and Financial Markets 

Himmelpfortgasse 4-8 

Postfach 2 

A-1015 Wien 

Belgium 

Ministry of Economy 

Rue de Bréderode 7 

Ministry of Finance 

B-1000 Bruxelles 

Rue de la Loi 12 

B-1000 Bruxelles 

Bulgaria 

Ministry of Economy and Energy 

Slavyanska str. 8 

Sofia 1052 

Ministry of Finance 

G.S.Rakovski str.102 

Sofia 1000 

Bulgarian National Bank 

Al.Batenberg sq.1 

Sofia 1000 

Financial Supervision Commission 

33, Shar Planina Street 

Sofia 1303 

Cyprus 

Ministry of Finance 

CY-1439 Nicosia 

Czech Republic 

Ministry of Finance 

Letenská 15 

CZ-118 10 Prague 

EN 

216 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Denmark 

Ministry of Economic Affairs 

Ved Stranden 8  

DK-1061 Copenhagen K 

Estonia 

Ministry of Finance 

Suur-Ameerika 1 

EE-15006 Tallinn 

Finland 

Ministry of Finance 

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 

Germany 

Ministry of Finance 

Bundesanstalt für Finanzdienstleistungsaufsicht 

Graurheindorfer Str. 108 

D-53117 Bonn 

Greece 

Bank of Greece 

Panepistimiou Street, 21 

GR-10563 Athens 

Hungary 

Ministry of Finance 

Pénzügyminisztérium 

Postafiók 481 

HU-1369 Budapest 

Ireland 

Irish  Financial  Services  Regulatory 
Authority 

PO Box 9138 

College Green 

IRL-Dublin 2 

Italy 

Ministry of Treasury 

Ministero del Tesoro 

Latvia 

Financial 
Commission 

and  Capital  Market 

Via XX Settembre 97  

I-00187 Roma 

Kungu Street 1 

LV-1050 Riga 

Lithuania 

Ministry of Finance 

Vaizganto 8a/2, 

LT-01512 Vilnius 

Luxembourg 

Ministry of Finance 

Ministère des Finances 

3, rue de la Congrégation  

EN 

217 

   EN 

 
Malta 

Financial Services Authority 

Notabile Road 

MT-Attard 

L-2931 Luxembourg 

Netherlands 

Ministry of Finance 

Financial Markets Policy Directorate 

Postbus 20201 

NL-2500 EE Den Haag 

Poland 

Ministry of Finance 

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 

Romania 

Banking 
financial institutions 

sector  and  non-banking 

National Bank of Romania 

25 Lipscani Street, Sector 3 

Bucharest, Code 030031 

Securities market sector 

Romanian National Securities Commission 

2 Foisorului Street, Sector 3, Bucharest 

Insurance sector 

Insurance Supervisory Commission 

18 Amiral Constantin Balescu Street, Sector 1 

Bucharest, Code 011954 

Private  pension  system  and  private 
pension funds 

Private pension system supervisory Commission 

74 Splaiul Unirii, Sector 4 

Bucharest, Code 030128 

Slovak Republic 

Ministry of Finance 

Stefanovicova 5 

SK-817 82 Bratislava 

Slovenia 

Ministry of Economy 

Kotnikova 5 

EN 

218 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Spain 

Treasury 

Directora General del Tesoro y Politica Financiera 

SI-1000 Ljubljana 

Sweden 

Financial Supervisory Authority 

Box 6750 

S-113 85 Stockholm 

Paseo del Prado 6-6a Planta 

E-28071 Madrid 

Swedish Central Bank 

Malmskillnadsgatan 7 

S-103 37 Stockholm 

Swedish Consumer Agency 

Rosenlundsgatan 9 

S-118 87 Stockholm 

United Kingdom 

H. M. Treasury 

1 Horse Guards Road 

UK-London SW1A 2HQ 

EN 

219 

   EN 

 
 
 
 
 
 
 
 
ANNEX VI 

 (Annex X of the Agreement referred to in Article 132 of the Agreement) 

SCHEDULES OF SPECIFIC COMMITMENTS ON ESTABLISHMENT 

PART A 

COMMUNITY’S SCHEDULE  

INTRODUCTORY NOTE 

1. 
The  specific  commitments  in  this  schedule  apply  only  to  the  territories  in  which  the  Treaties 
establishing  the  Community  are  applied  and  under  the  conditions  laid  down  in  these  Treaties.    These 
commitments  apply  only  to  the  relations  between  the  Community  and  its  Member  States  on  the  one 
hand,  and  non-Community  countries  on  the  other.  They  do  not  affect  the  rights  and  obligations  of 
Member States arising from Community law. 

2. 

The following abbreviations are used to indicate the Member States: 

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

Austria 
Belgium 
Bulgaria 
Cyprus 
Czech Republic 
Germany 
Denmark 
Spain 
Estonia 
France 
Finland 
Greece 
Hungary 
Italy 
Ireland 
Luxembourg 
Lithuania 
Latvia 
Malta 
The Netherlands 
Portugal 
Poland 
Romania 
Sweden 
Slovenia 
Slovak Republic 
United Kingdom 

EN 

220 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
“Subsidiary”  of  a  legal  person  means  a  legal  person  which  is  effectively  controlled  by  another  legal 
person.  

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

EN 

221 

   EN 

 
 
Sector or subsector 

Limitations on national treatment to establishment 

HORIZONTAL COMMITMENTS 

1. 
ALL 
SECTORS 
INCLUDED  IN  THIS 
SCHEDULE 

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

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

Formation of Legal Entity 

AT:  Without  prejudice  to  existing  treaties,  foreign  natural  persons  may 
exercise  a  business  on  equal  terms  as  Austrian  nationals.  However, 
evidence has to be presented to the competent authority that Austrian 
natural  persons  are  in  no  way  discriminated  in  the  exercise  of  the 
relevant  business  in  the  foreigner’s  home  country.  If  this  evidence 
cannot  be  presented  the  foreign  natural  person  has  to  apply  formally 
for equal status with nationals. If the holder of a business permit is not 
a  permanent  resident  of  Austria,  the  appointment  of  a  professional 
representative  (“gewerberechtlicher  Geschäftsführer”)  permanently 
residing in Austria is necessary. In order to acquire a business permit, 
foreign juridical persons or partnerships must set up an establishment 
and  appoint  a  professional  representative  permanently  residing  in 
Austria.  Without  prejudice  to  existing  treaties  a  foreign  professional 
representative has to apply for equal status with nationals. 

FI: At least half of the founders of a limited company need to be natural 
persons  residing  within  EEA  (European  Economic  Area)  or  juridical 
persons having their domicile in one of the EEA countries, unless the 
Ministry of Trade and Industry grants an exception. 

SE:    A  limited  liability  company  (joint  stock  company)  may  be 
established by one or several founders.  A founding party shall either 

EN 

222 

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Sector or subsector 

Limitations on national treatment to establishment 

reside within the EEA (European Economic Area) or be an EEA legal  
entity.    A  partnership  can  only  be  a  founding  party  if  each  partner 
resides within  the EEA94. The managing director and at least 50 per 
cent  of  the  members  of  the  board  shall  reside  within  the  EEA 
(European  Economic  Area).  Corresponding  conditions  prevail  for 
establishment of other types of legal entities. 

CZ: Foreign natural persons may exercise a business on equal terms as 
Czech  nationals.  However,  foreign  natural  persons  can  pursue 
activities  as  self  employed  persons  and  set  up  and  manage 
undertakings only by registering such undertaking in the Commercial 
Register,  unless  the  person  resides  within  the  EEA  (European 
Economic  Area).  If  the  natural  persons/legal  entity  has  not  a 
permanent  residence/seat  within  the  EEA,  it  must  additionally 
deposit data or a document on the encumbrance of the undertaking’s 
assets  in  a  foreign  state,  if  the  validity  of  a  security  is  bound  to  its 
publication,  and  some  other  additional  data,  in  the  Commercial 
Register.  Before  registering  in  the  Commercial  Register,  foreign 
legal persons must set up an establishment in the Czech Republic and 
appoint  a  professional  representative  permanently  residing  in  the 
Czech Republic. 

MT:  Applications  by  non-residents  for  the  issue,  acquisition,  sale  and 
redemption  of  securities  not  listed  on  the  Malta  Stock  Exchange  in 
local companies established, or to be established, in Malta have to be 
cleared  by  the  Registrar  of  Companies  at  the  Malta  Financial 
Services  Authority  MFSA).This  procedure  does  not  apply  to 
companies  as  defined  in  article  2  of  the  Income  Tax  Act,  (that  is, 
international  holding/trading  companies)  and  to  companies  which 
own a vessel registered under the Merchant Shipping Act, and where 
the resident participation does not exceed 20%. 

PL:    Foreigners  who  have  received  permission  for  residence  on  the 
territory  of  Poland,  permission  for  tolerated  stay,  refugee  status 
granted in Poland or who enjoy temporary protection on its territory, 
may undertake and pursue economic activity on the territory of Poland 
on the same rules as Polish citizens; 
Following 
international 
reciprocity 
agreements do not provide otherwise, foreign persons may take up and 
pursue economic activity on the territory of Poland on the same rules 
as entrepreneurs having their seat in Poland; 

requirements, 

ratified 

if 

When  there  is  no  reciprocity,  foreign  persons  have  the  right  to 
undertake and pursue economic activity on the territory of Poland only 
in  a  form  of  limited  partnership,  limited  liability  company  and  joint-
stock company; they have also right to join these companies or to take 

94     

Exceptions from these requirements may be granted, if it can be proved that residency is not necessary. 

EN 

223 

   EN 

 
 
 
                                                 
Sector or subsector 

Limitations on national treatment to establishment 

and buy their shares or stocks. 

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

Law on Foreign Companies' Branches 

SE:  A  foreign  company  (which  has  not  established  a  legal  entity  in 
Sweden)  shall  conduct  its  commercial  operations  through  a  branch, 
established  in  Sweden  with  independent  management  and  separate 
accounts.  Building  projects  with  a  duration  of  less  than  a  year  are 
exempted from the requirements of establishing a branch or appointing 
a resident representative. 

SE:    The  managing  director  of  a  branch  shall  reside  within  the  EEA 

(European Economic Area)95. 

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

LT: At least one of representative of the foreign company branch must be 

resident in Lithuania.   

PL:  Branches – to conduct economic activity on the territory of Poland, 
foreign  entrepreneurs  may  establish  branches,  following  the  rule  of 
reciprocity  requirements,  if  ratified  international  agreements  do  not 
state otherwise. The economic activity of the branch must be similar to 
the one which is conducted by the foreign entrepreneur and the person 
entitled  to  represent  the  foreign  entrepreneur  must  be  appointed. 
Branch is required to be registered and run separate accountancy. 

Agencies – foreign entrepreneurs may create agencies. The economic 
activity of the agency may cover only promotion and advertisement of 
foreign  entrepreneur.  Agency  is  required  to  be  registered  and  run 
separate accountancy. 

95      

Exceptions from these requirements may be granted, if it can be proved that residency is not necessary. 

EN 

224 

   EN 

 
 
 
 
 
 
                                                 
 
Sector or subsector 

Limitations on national treatment to establishment 

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

Legal Entities: 

AT:  Only Austrian nationals or legal entities and enterprises having their 
the  Oesterreichische 
seat 
Nationalbank (Austrian National Bank). Members of the management 
must be Austrian nationals. 

in  Austria  may  be  shareholders  of 

BG: The establishment, joint ventures included, may only take the form 
of  limited  liability  company  or  joint  stock  company  with  at  least  two 
shareholders.  Establishment  of  branches  is  subject  to  authorization.  
Unbound  for  representative  offices.    Representative  offices  may  not 
engage in economic activity.  

FI: At least half of the members of the board and the managing director 
shall  reside  within  the  EEA  (European  Economic  Area)  unless  the 
Ministry of Trade and Industry grants an exception to the company. 

FI:  Acquisition of shares by foreign owners giving more than one third of 
the  voting  rights  of  a  major  Finnish  company  or  a  major  business 
undertaking  (with  more  than  1000  employees  or  with  a  turnover 
exceeding  167  million  euros  or  with  a  balance  sheet  total  exceeding 
over  167  million  euros)  is  subject  to  confirmation  by  the  Finnish 
authorities  ;  the  confirmation  may  be  denied  only  if  an  important 
national interest would be jeopordized. A foreigner living outside the 
European  Economic  Area  and  carrying  on  a  trade  as  a  private 
entrepreneur or as a partner in a Finnish limited or general partnership 
needs  a  trade  permit.    If  a  foreign  organization  or  foundation  is 
established under the laws of and has its registered office in an EEA-
country  no  permit  is  required  for  carrying  on  a  business  or  trade  by 
establishing a branch in Finland. 

Real estate purchases: 

AT:    The acquisition,  purchase as well as rent or lease of real estate by 
foreign natural persons and juridical persons requires an authorization 
by  the  competent  regional  authorities  (Länder)  which  will  consider 
whether important economic, social or cultural interests are affected or 

EN 

225 

   EN 

 
 
 
 
 
 
 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

not. 

BG: Foreign natural and juridical persons (incl. through a branch) cannot 
acquire  ownership  of  land.  Bulgarian  juridical  persons  with  foreign 
participation cannot acquire ownership of agricultural land. 

     Foreign  juridical  persons  and  foreign  citizens  with  permanent 
residence  abroad  can  acquire  ownership  of  buildings  and  limited 
property rights96 of real estate. 

CY:  Unbound. 

CZ:    The  real  estate  can  be  acquired  solely  by  natural  persons  having 
their permanent residence, and legal persons with their seat or branch 
in the territory of the Czech Republic. Special regime applies to the 
agricultural land and forests, which can be acquired only by residents 
(i.e.  natural  persons  with  permanent  residents  or  legal  persons  with 
their seat in the territory of the Czech Republic) and the participation 
in the privatisation of the state agricultural land and forests is limited 
solely to the citizens of the Czech Republic. 

EE:  Reservation to purchasing agricultural land and forests, as well as 

land in the border areas. 

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

ES:  Reservation  to  the  purchase  of  real  estate  by  governments,  official 
institutions  and  public  enterprises  originating  in  non-Community 
member countries. 

EL:  According  to  Law  No.  1892/90,  as  amended  by  Law  1969/91, 
acquisition  of  real  estate  in  the  border  regions  either  directly  or 
through  equity  participation  in  a  company  which  is  not  listed  in  the 
Greek Stock Exchange and which owns real estate in those regions or 
any  change  in  the  persons  of  the  stockholders  of  such  company  are 
subject  to  a  permit  issued  by  the  competent  authorities  (Ministry  of 
Defense in the case of non-EU natural or legal persons). 

IE:   Prior written consent of the Land Commission is necessary for the 
acquisition  of  any  interest  in  Irish  land  by  domestic  or  foreign 
companies or foreign nationals.  Where such land is for industrial use 
(other than agricultural industry), this requirement is waived subject to 
a  certificate  to  this  effect  from  the  Minister  for  Enterprise  and 

96 The Bulgarian property law recognizes the following limited property rights: right to use, right to build, right 

to raise a superstructure and servitudes. 

EN 

226 

   EN 

 
 
 
                                                 
Sector or subsector 

Limitations on national treatment to establishment 

Employment.  This law does not apply to land within the boundaries 
of cities and towns. 

HU:    Unbound  for  the  acquisition  of  state  owned  properties  by  foreign 

natural persons and juridical persons. 

LT:    Unbound  in  relation  to  acquisition  of  land  by  foreign  subjects 
(natural  and  legal  persons),  however  they  may  manage  or  use  such 
property  in  accordance  with  the  procedure  established  by  Lithuanian 
laws.  

LV:  Unbound in relation to acquisition of land by juridical persons. Land 

lease not exceeding 99 years permitted. 

MT:  The requirements of Maltese legislation and regulations regarding 

the acquisition of real property shall continue to apply. 

RO:  Natural persons not having Romanian citizenship and residence in 
Romania, as well as legal persons not having Romanian nationality and 
their headquarters in Romanian, cannot acquire ownership over any kind 
of land plots, through inter vivos acts. 

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

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

IT:   Unbound for purchase of real estate. 

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

FI  (Åland  Islands):    Restrictions  on  the  right  of  establishment  and  the 

* SI: According to the Law on Commercial Companies, a branch established in the Republic of Slovenia is not 

considered a juridical person, but as regards their operation, their treatment is equal to a subsidiary. 

EN 

227 

   EN 

 
 
 
                                                                                                                                                         
Sector or subsector 

Limitations on national treatment to establishment 

right to provide services by natural persons who do not enjoy regional 
citizenship in Åland, or by any legal person, without permission by the 
competent authorities of the Åland Islands. 

PL:    Acquisition  of  real  estate,  direct  and  indirect,  by  foreigners  and 

foreign legal persons requires permission. 

PL:  Unbound, except for: buying independent apartment or buying real 
estate by a foreign national living in Poland at least for 5 years after 
obtaining the permanent residence card; buying by a legal person with 
a  corporate  seat  in  Poland  and  controlled  directly  or  indirectly  by  a 
foreign natural person or a foreign legal person with a corporate seat 
abroad, for statutory objectives, of real estate without buildings, whose 
total area in Poland does not exceed 0.4 ha in urban area. 

Investments: 

BG: Certain economic activities related to the exploitation or use of state 
or  public  property  are  subject  to  concessions  grated  under  the 
provisions of the Concessions Act. 

CY:    Portfolio  investment:  Investors  from  non-EU  countries  may  invest 
only up to 49% of the share capital of Cypriot companies listed on the 
Cyprus Stock Exchange. Transactions involving such investments may 
be carried out by Cypriot stockbrokers and public companies without 
reference to the Central Bank of Cyprus. 

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

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

Borrowing  from  local  sources  is  only  permitted  after  the  initial 
implementation  of 
the  project,  for  financing  working  capital 
requirements. 

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

EN 

228 

   EN 

 
 
 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

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

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

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

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

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

LT:  Investments in organizing the lotteries are forbidden under the Law 

on Foreign Capital Investment. 

MT:  Companies with the participation of non-resident legal or natural 
persons  are  subject  to  the  same  capital  requirement  applicable  to 
companies  that  are  fully  owned  by  residents,  as  follows:  private 
companies  –  Lm500  (with  a  minimum  of  20%  as  paid  up  capital); 
public  companies  –  Lm200  (with  a  minimum  of  25%  paid  up 
capital). The non-resident  percentage of share of the equity is to be 
paid  for  with  funds  emanating  from  abroad.  Companies  with  non-
resident  participation  must  apply  for  a  permit  from  the  Ministry  of 
Finance to acquire premises under the appropriate legislation. 

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

PL:  Authorization of the establishment of a company with foreign equity 

is required in the case of:   

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

EN 

229 

   EN 

 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

- management of seaports and airports; 

- dealing in real estate or acting as  

intermediary  in  real  estate 

transactions; 

-  supply  to  defence  industry  that  is  not  covered  by  other 

licensing requirements; 

- wholesale trade in imported consumer goods; 

- provision of legal advisory services. 

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

- 

arranging  a  contract,  that  includes  right  to  use  of  state 
property  for  more  than  6 months  or  decides  on  acquiring  of  such 
property. 

Exchange regime97,98,99 

BG:  Payments  and  transfers  abroad  require  the  authorization  of  the 
Bulgarian National Bank when related to investements and state or 
state-guaranteed loans100. 

Currency deals in cash by occupation may be transacted by any person 
registered  under  the  Commercial  Law  where  such  a  person  is 
registered  in  a  public  register  of  persons  conducting  business 
pursuant  to  the  legislation  of  a  member  country  of  the  European 
Union or another country which is party to the European economic 

97 CZ: Non-discriminatory system of foreign exchange control is applied consisting of: 
a) limitation on acquisition of foreign exchange by resident nationals for personal purposes, 
b)  foreign  exchange  authorization  in  case  of  Czech  residents  for  acceptance  of  financial  credits  from  foreign  subjects,  direct 

capital investment abroad, acquisition of real estate abroad and purchases of foreign securities. 

98 PL: There is non-discriminatory system of foreign exchange controls relating to limitations in foreign exchange turnover and 
to system of foreign exchange permits (general and individual) among others limitations of capital flows and currency 
payments.  The following foreign exchange transactions require authorization: 

-transfer of foreign exchange out of the country; 
-transfer of Polish currency into the country; 
-ownership transfer of the right to monetary assets between domestic and foreign persons; 
-granting and drawing of loans and credits by domestic persons in foreign exchange transactions; 
-fixing  or  executing  payments  in  foreign  currencies  within  Poland  for  acquired  goods,  real  estate,  property  rights,  services  or 

labour; 

-opening and possessing of a banking account in a bank situated abroad; 
-acquiring and holding foreign securities and acquiring real estate abroad, 
-undertaking other obligations abroad of similar effect. 
99 SK: Entries being listed for transparency reasons. 
100 Foreign persons have the right to transfer abroad the following revenues and compensations that accrue from 
their investments in the Republic of Bulgaria: returns received, compensation for expropriation of the investment 
for state purposes, proceeds from the liquidation or sale of all or part of the investment, the amount received in 
execution of a claim secured in currency by a pledge or a mortgage 

EN 

230 

   EN 

 
 
 
  
  
  
  
  
  
 
 
                                                 
Sector or subsector 

Limitations on national treatment to establishment 

area, and where the person is registered in the public register as a 
currency exchange bureau. 

CY:    Under  the  Exchange  Control  Law,  non-residents  are  not  normally 

permitted to borrow from local sources. 

SK: In relation to current payments,  limitation on acquisition of foreign 

exchange by resident nationals for personal purposes. 

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

Residency requirements 

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

AT:  All foreigners are subject to the provisions of the Foreigners’s Act 
and  the  Residence  Act  concerning  entry,  stay  and  work.  In  addition, 
foreign  workers,  including  key  personnel  and  investors,  except  for 
EEA-nationals, are subject to the provisions of the Foreign Labour Act 
including  the  labour  market  test  and the  quota system. If an investor 
commits  an  investment  which  has  a  positive  effect  on  the  entire 
Austrian  economy  or  a  whole  sector  of  the  Austrian  economy,  the 
labour market test can be dropped for him and for individual cases of 
essential key personnel. Investors who furnish proof that they hold at 
least 25 per cent in a partnership (“Personengesellschaft”) or a public 
limited  company  (“Gesellschaft  mit  beschränkter  Haftung”)  and  that 
they exert a decisive influence on that company are exempted from the 
Foreign Labour Act. 

BG:  All  foreigners  are  subject  to  the  provisions  of  the  Foreigners’s  Act 
concerning  entry,  stay  and  work,  including  period  of  stay  amd  respective 
entry and residence permits are required. 

LT:  At least one of representative of the foreign company branch must 

be resident in Lithuania. 

MT: The requirements of Maltese legislation and regulations regarding 
entry  and  stay  shall  continue  to  apply,  including  regulations 
concerning period of stay. Entry and residence permits are granted at 
the discretion of the Government of Malta. 

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

EN 

231 

   EN 

 
 
 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

Privatization 

BG:  Unbound  for  participation  in  privatization  through  state  external 
debt  bonds  and  for  economic  sectors  or  not  subject  to  privatization 
under the annual privatization programme.Unbound for participation in 
the  privatization  through  investment  vouchers  or  other  preferential 
privatization  methods,  where  Bulgarian  citizenship  and  permanent 
residence are required. 

RO:   Unbound 

EN 

232 

   EN 

 
 
 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

2. SECTOR-SPECIFIC COMMITMENTS (based on UN ISIC rev.3 classification) 

A. 
AGRICULTURE, 
HUNTING, FORESTRY 

1.  Agriculture, 

hunting 

excluding services 

AT:  Reservation. 

2. 

Forestry, 
excluding services 

logging 

B. FISHING 

5. Fishing, operation of fish 
hatcheries  and  fish  farms; 
excluding services. 

BG: Unbound for acquisition of agricultural land and forest. 

CY:  Up  to  49%  non-EU  participation  is  allowed.  The  indicative 

minimum level of investment is CY£ 100,000. 

FR:    Reservation  on  the  establishment  of  agricultural  enterprises 
by  nationals  of  countries  that  are  not  members  of  the 
Community and the acquisition of vineyards. 

HU:  Unbound. 

IE: Reservation on the acquisition by non-Community nationals of 
land  for  agricultural  purposes,  unless  an  authorisation  is 
granted;  Investment  by  non-Community  residents  in  flour 
milling activities. 

LT:  Unbound  in  relation  of  the  acquisition  by  foreign  subjects 
(natural  and  legal  persons)  into  ownership  of  land,  internal 
waters and forests in accordance with constitutional law. 

MT:  Unbound. 

RO: Unbound for acquisition of agricultural land and forest. 

SK:    Reservation  on  the  acquisition  of  land  for  agricultural 
purposes  and  other  land  as  set  in  the  Foreign  Exchange  Act, 
unless an authorisation is granted. 

AT: acquisition of 25% or more of vessels registered in Austria. 

BE:  Reservation  on  the  acquisition  of  Belgian  flag  vessels  by 
shipping  companies  not  having  their  principal  office  in 
Belgium.  

BG: Unbound 

CY:  Up  to  49%  non-EU  participation  is  allowed.  The  indicative 

EN 

233 

   EN 

 
 
 
 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

minimum level of investment is CY£ 100,000. 

DK:  Reservation  on  the  ownership  by  non-EC  residents  of  one-
third  or  more  of  a  business  engaged  in  commercial  fishing; 
ownership of flag vessels by non-EC residents except through 
an enterprise incorporated in Denmark. 

FR:  reservation  on  the  settling  of  non-Community  nationals  or 
non-EFTA  nationals  on  the  maritime  State  property  for 
fish/shallfish/algae farming. 

FI:  Reservation  on  the  ownership  of  Finnish  flag  vessels, 
through  an  enterprise 
including  fishing  vessels,  except 
incorporated  in  Finland.  F:  reservation  on  the  ownership  after 
acquisition  of  more  than  50  per  cent  of  a  French  flag  vessel, 
unless  the  vessel  concerned  is  entirely  owned  by  enterprises 
having their principal office in France. 

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

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

EL: ownership of a vessel under the Greek flag is limited to 49 per 

cent for non-EU natural or legal persons. 

HU:  Unbound. 

IE: reservation on the acquisition by non-Community nationals of 

sea fishing vessels registered in Ireland. 

IT:  reservation  on 

the  purchase  by  foreigners  other 

than 
Community  residents  of  a  majority  interest  in  Italian  flag 
vessels  or  of  a  controlling  interest  in  ship  owning  companies 
having  their  headquarters  in  Italy;  purchase  of  Italian  flag 
vessels used to fish in Italian territorial waters. 

EN 

234 

   EN 

 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

LT:  Unbound. 

LV:  Reservation as regards registration of ownership of Latvia’s 
fishing vessels by natural persons who are not either citizens or 
non-citizens of the Republic of Latvia or are not Latvia’s legal 
persons, except through an enterprise established in Latvia. 

MT:  Unbound. 

the 

investment 

NL:  reservation  on  the  ownership  of  Netherlands  flag  vessels, 
is  made  by  shipping  companies 
unless 
the 
law,  established 
incorporated  under  Netherlands 
Kingdom  and  having  their  actual  place  of  management  in  the 
Netherlands. 

in 

PT: reservation on the ownership of Portuguese flag vessels other 

than through an enterprise incorporated in Portugal. 

RO:  Unbound 

SE:  reservation  on  the  acquisition  of  50  per  cent  or  more  of 
Swedish flag vessels, except through an enterprise incorporated 
in  Sweden;  establishment  of,  or  acquisition  of  50  per  cent  or 
more  of  shares  in  firms  engaged  in  commercial  fishing 
activities in Swedish waters, unless an authorisation is granted. 
Restrictions  on  the  right  of  fishing  and  limitations  on  which 
fishing-vessels may obtain a license and become  a  part of the 
Swedish  fishing-fleet  are  found  in  the  Swedish  fisheries 
legislation. 

SK:  Reservation on the ownership of Slovak flag vessels except 
through an enterprise incorporated in the Slovak Republic. 

UK: Reservation on the acquisition of UK flagged vessels, unless 
the investment is at least 75% owned by British citizens and/or 
by  companies  which  are  at  least  75%  owned  by  British 
citizens, in all cases resident and domiciled in the UK. Vessels 
must be managed, directed and controlled from within the UK 

C. MINING AND 

QUARRYING 

10.  Mining  of  coal  and 
lignite;  extraction  of 
peat 

BG:  The  right  of  prospection,  exploration  and  exploitation  of 
natural  materials,  including  mineral  raw  materials  and  ores  is 
subject to a time-limited concession granted by the Bulgarian state. 

EN 

235 

   EN 

 
 
 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

11.  Extraction  of  crude 
petroleum and natural 
gas; 
excluding 
services 

12.  Mining  of  uranium 

and thorium ores 

13.  Mining  of  metal 

ores 

14.  Other  mining  and 

quarrying 

The  prospection  and/or  exploration  and  concessions  for  extraction 
are granted to natural and legal persons registered as traders in the 
Commercial  register  who  possess  relevant  technical,  management 
and financial possibilities. Unbound for the extraction of gold from 
the rivers and salt and elements from the sea-water. 

CZ:  Unbound. 
EL: The right of exploration and exploitation of all minerals, except 
hydrocarbons,  solid  fuels,  radioactive  minerals  and  geothermal 
potential  is  subject  to  a  concession  by  the  Greek  State,  after 
approval of the Council of Ministers. 

ES:    Reservation  on  investment  originating  in  non-Community 
member countries in strategic minerals.  
FR:  Establishment by a non resident in extractive industries must 
be  carried  out  in  the  form  of  a  French  or  European  subsidiary, 
whose manager must be resident in France or other country and 
declare his place of residence to the local prefet authorities. 
HU  :  The  right  of  prospetting  for,  exploration  and  exploitation  of 
mineral  raw  materials  may  be  subject  to  a  time-limited 
concession granted by the Hungarian state. 

LT:  Unbound. 
MT:  Unbound. 
RO:  Unbound 
EC:  Reservation  on  prospection,  exploration  and  exploitation  of 
hydrocarbons:  In  accordance  with  Directive  94/22/EC  of  30 
May 1994 (OJ no L 164 of 30/06/94), whenever it appears that a 
third  country  is  not  granting  Community  entities  as  regards 
access to and exercise of these activities treatment comparable to 
that which the Community grants entities from that country, the 
Council  could,  on  a  proposal  of  the  Commission,  authorise  a 
Member  State  to  refuse  authorisation  to  an  entity  which  is 
effectively  controlled  by  the  third  country  concerned  and/or  by 
nationals of that country (reciprocity) 

D. MANUFACTURING 

15. Manufacture of food 
and 

products 
beverages 

None 

16.  Manufacture 
tobacco products 

of 

17.  Manufacture 

of 

textiles 

BG:  Production  of  alcohol  beverages,  distillate  and  spirit  is  subject  to 
registration  and  can  be  performed  by  entities  registered  under  the 
Commercial law or under the legislation of the EU or EEA member-state.  

Production of tobacco products and processing of tobacco is subject to 

EN 

236 

   EN 

 
 
 
 
 
 
 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

authorization  by  the  Council  of  Ministers  and  can  be  performed  by 
entities  registered  under  the  Commercial  law  or  under  the  legislation  of 
the EU or EEA member-state. 

Reservation  for  exploitation  of  nuclear  installation  or  equipment  and 
disposal of nuclear fuel subject to licensing.  
Production,  import  and  distribution  of  pharmaceuticals  and  veterinary 
medical  products  requires  authorization  of  principal  representative  in 
Bulgaria.  
Activities  related  to  disposal  and  management  of  waste  are  subject  to 
authorization. 

18.  Manufacture 

of 
wearing 
apparel; 
dressing  and  dyeing 
of fur 

19. 

Tanning 

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

20.  Manufacture 

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

21.  Manufacture 

paper 
products 

and 

of 
paper 

22.  Publishing,  printing 
and  reproduction  of 
recorded media 

23 Manufacture of coke, 
refined 
petroleum 
products  and  nuclear 
fuel 

24.  Manufacture 

chemicals 
chemical products 

of 
and 

25.  Manufacture 

of 
rubber  and  plastics 
products 

26.  Manufacture 

of 
non-metallic 

other 
mineral products 

27.  Manufacture 
basic metals 

of 

EN 

237 

   EN 

 
 
 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

28.  Manufacture 

fabricated 
products, 
machinery 
equipment 

of 
metal 
except 
and 

29.  Manufacture 

machinery 
equipment n.e.c. 

of 
and 

30.  Manufacture 

of 
office, accounting and 
computing machinery 

31.  Manufacture 

of 
electrical  machinery 
and apparatus n.e.c. 

32.  Manufacture 

of 
radio,  television  and 
communication 
equipment 
apparatus 

and 

33.  Manufacture 

of 
precision 
medical, 
optical 
and 
instruments,  watches 
and clocks 

34.  Manufacture 

of 
vehicles, 
semi-

and 

motor 
trailers 
trailers 

35.  Manufacture 

of 
transport 

other 
equipment 

36.  Manufacture 

of 

furniture; 
manufacturing n.e.c. 

37. Recycling 

OTHER 

AT:  Production of non-military arms and ammunitions are subject 
to EEA-nationality requirement. Production of military arms and 

EN 

238 

   EN 

 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

MANUFACTURING 

ammunitions are subject to an Austrian nationality requirement. 
Juridical  persons  and  partnerships:  Registered  office  or  head 
office in Austria. The company’s professional representative or 
managing partners empowered to act on its behalf must be EEA-
nationals. 

BG:The  production  and  trade  activity  in  arm,  ammunitions,  explosives 
and  dual  use  items  and  technologies  is  subject  to  licensing  or 
registration  requirement  and  can  be  performed  by  entities  registered 
under the Commercial Law 

E.  ELECTRICITY,  GAS 
AND 

WATER SUPPLY 

40. Electricity, gas steam 
and hot water supply. 

AT:  Unbound. 

BG:  The  activities  related  to  electricity,  gas  and  hot  water  are 
subject  to  licensing  requirement.  Licence  is  issued  to  a  legal 
person  registered  under  the  Commercial  Law  or  under  the 
legislation of the EU or EEA member-state. 

CZ:  Unbound. 

FR:    Concessions  and  authorizations  in  hydroelectricity  can  be 
given  only  to  French  nationals  or  to  nationals  from  the 
Community,  as  well  as  to  nationals  of  third  countries,  with 
which reciprocity agreements have been concluded with respect 
to exploitation of hydroelectricity. 

FI: Reservation on investment in an enterprise engaged in activities 

involving nuclear energy or nuclear matter. 

EL:  Solid  fuels,  radioactive  minerals  and  geothermal  energy:  An 
exploration  licence  may  not  be  granted  to  non-Community 
natural or legal persons. The right of exploitation is subject to a 
concession by the Greek State, after approval by the Council of 
Ministers. 

HU:  Unbound. 

LV:  State monopoly in the sector of electro energy. 

MT:  Unbound. 

PT:  Reservation  on  investment  in  an  enterprise  engaged  in  the 
import,  transport  and  supply  of  natural  gas.  The  Portuguese 
Government is competent to define the conditions to be fulfilled 

EN 

239 

   EN 

 
 
 
 
Sector or subsector 

Limitations on national treatment to establishment 

by enterprises wishing to perform those activities. 

RO:  Unbound 

SK:    Conformity  with  energy  policy  of  the  Slovak  Republic  is 
required. Reservation on investment in enterprises characterised 
as natural monopolies. 

The  government  can  limit  import  and  export  of  electricity  and 
gas in the following cases: 

-rights and obligations of producers and purchasers of electricity 
and  gas  are  not  similiar  or  beyond  to  rights  and  obligations  of 
producers and purchasers in the Slovak Republic 

-the  precautions  of 
the 
protection  of  environment  are  not  similiar  or  beyond  to  the 
protection of environment carried out in the Slovak Republic 

individual  producers  relating 

to 

-the  import  or  export  of  electricity  limits  the  use  of  electricity 
from renewable sources or from domestic coal sources. 

EN 

240 

   EN 

 
 
 
 
 
ANNEX VII 

Community’s coverage on government procurement 

(referred to in Article 137 of the Association Agreement) 

Appendix 1 

Entities at Central level 

Entities which procure in accordance with the provisions of this Title 

Section 2 

Contracting authorities of the State 

BULGARIA 

1.  Администрация на Народното събрание (Administration of the National Assembly) 

2.  Администрация на Президента (Administration of the President) 

3.  Администрация  на  Министерския  съвет  (Administration  of  the  Council  of 

Ministers) 

4.  Конституционен съд (Constitutional Court) 

5.  Българска народна банка (Bulgarian National Bank) 

6.  Министерство на външните работи (Ministry of Foreign Affairs) 

7.  Министерство на вътрешните работи (Ministry of the Interior) 

8.  Министерство  на  държавната  администрация  и  административната  реформа 

(Ministry of State Administration and Administrative Reform) 

9.  Министерство на държавната политика при бедствия и аварии (Ministry of State 

Policy for Disasters and Accidents) 

10. Министерство на земеделието и горите (Ministry of Agriculture and Forestry) 

11. Министерство на здравеопазването (Ministry of Health) 

12. Министерство на икономиката и енергетиката (Ministry of Economy and Energy) 

13. Министерство на културата (Ministry of Culture) 

14. Министерство на образованието и науката (Ministry of Education and Science) 

15. Министерство на околната среда и водите (Ministry of Environment and Water) 
16. Министерство на отбраната (Ministry of Defence101) 

17. Министерство на правосъдието (Ministry of Justice) 

101 Non-warlike materials contained in section 3 of Appendix I to Annex XI to this Agreement. 

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241 

   EN 

 
                                                 
18. Министерство  на  регионалното  развитие  и  благоустройството  (Ministry  of 

Regional Development and Public Works) 

19. Министерство на транспорта (Ministry of Transport) 

20. Министерство  на  труда  и  социалната  политика  (Ministry  of  Labour  and  Social 

Policy) 

21. Министерство на финансите (Ministry of Finance) 

22. държавни агенции, държавни комисии, изпълнителни агенции и други държавни 

институции,  създадени  със  закон  или  с  постановление  на  Министерския  съвет, 

които  имат  функции  във  връзка  с  осъществяването  на  изпълнителната  власт 

(state agencies,  state  commissions,  executive  agencies  and  other  state  authorities 

established by law or by Council of Ministers' decree having a function relating to the 

exercise of executive power) : 

(1)  Агенция за ядрено регулиране (Nuclear Regulatory Agency) 

(2)  Държавна комисия за енергийно и водно регулиране (Energy and Water 

State Regulatory Commission) 

(3)  Държавна  комисия  по  сигурността  на  информацията  (State  Commission 

on Information Security) 

(4)  Комисия  за  защита  на  конкуренцията  (Commission  for  Protection  of 

Competition) 

(5)  Комисия  за  защита  на  личните  данни  (Commission  for  Personal  Data 

Protection) 

(6)  Комисия за защита от дискриминация (Commission for Protection Against 

Discrimination) 

(7)  Комисия  за  регулиране  на  съобщенията  (Communications  Regulation 

Commission) 

(8)  Комисия за финансов надзор (Financial Supervision Commission) 

(9)  Патентно  ведомство  на  Република  България  (Patent  Office  of  the 

Republic of Bulgaria) 

(10)  Сметна  палата  на  Република  България  (National  Audit  Office  of  the 

Republic of Bulgaria) 

(11)  Агенция за приватизация (Privatization Agency) 

(12)  Агенция  за  следприватизационен  контрол  (Agency  for  Post-privatization 

Control) 

(13)  Български институт по метрология (Bulgarian Institute for Metrology) 

EN 

242 

   EN 

 
(14)  Главно управление на архивите (General Department of Archives) 

(15)  Държавна  агенция  "Държавен  резерв  и  военновременни  запаси"  (State 

Agency "State Reserve and War-Time Stocks") 

(16)  Държавна агенция за бежанците (State Agency for Refugees) 

(17)  Държавна  агенция  за  българите  в  чужбина  (State  Agency  for  Bulgarians 

Abroad) 

(18)  Държавна  агенция  за  закрила  на  детето  (State  Agency  for  Child 

Protection) 

(19)  Държавна  агенция  за  информационни  технологии  и  съобщения  (State 

Agency for Information Technology and Communications) 

(20)  Държавна  агенция  за  метрологичен  и  технически  надзор  (State  Agency 

for Metrological and Technical Surveillance) 

(21)  Държавна  агенция  за  младежта  и  спорта  (State  Agency  for  Youth  and 

Sports) 

(22)  Държавна агенция по туризма (State Agency for Tourism) 

(23)  Държавна комисия по стоковите борси и тържища (State Commission on 

Commodity Exchanges and Market-places) 

(24)  Институт  по  публична  администрация  и  европейска  интеграция 

(Institute of Public Administration and European Integration) 

(25)  Национален статистически институт (National Statistical Institute) 

(26)  Агенция "Митници" (Customs Agency) 

(27)  Агенция за държавна и финансова инспекция (Public Financial Inspection 

Agency) 

(28)  Агенция за държавни вземания (State Receivables Collection Agency) 

(29)  Агенция за социално подпомагане (Social Assistance Agency) 

(30)  Агенция за финансово разузнаване (Financial Intelligence Agency) 

(31)  Агенция за хората с увреждания (Agency for Persons with Disabilities) 

(32)  Агенция по вписванията (Registry Agency) 

(33)  Агенция по енергийна ефективност (Energy Efficiency Agency) 

(34)  Агенция по заетостта (Employment Agency) 

(35)  Агенция по кадастъра (Cadastre Agency) 

(36)  Агенция по обществени поръчки (Public Procurement Agency) 

(37)  Българска агенция за инвестиции (Bulgarian Investment Agency) 

EN 

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(38)  Главна  дирекция  "Гражданска  въздухоплавателна  администрация" 

(General Directorate "Civil Aviation Administration") 

(39)  Дирекция  за  национален  строителен  контрол  (Directorate  for  National 

Construction Supervision) 

(40)  Държавна комисия по хазарта (State Commission on Gambling) 

(41)  Изпълнителна  агенция  "Автомобилна  администрация" 

(Executive 

Agency "Automobile Administration") 

(42)  Изпълнителна  агенция  "Борба  с  градушките"  (Executive  Agency  "Hail 

Suppression") 

(43)  Изпълнителна  агенция  "Българска  служба  за  акредитация"  (Executive 

Agency "Bulgarian Accreditation Service") 

(44)  Изпълнителна  агенция  "Главна  инспекция  по  труда"  (Executive  Agency 

"General Labour Inspectorate") 

(45)  Изпълнителна агенция "Железопътна администрация" (Executive Agency 

"Railway Administration") 

(46)  Изпълнителна  агенция  "Морска  администрация"  (Executive  Agency 

"Maritime Administration") 

(47)  Изпълнителна агенция "Национален филмов център" (Executive Agency 

"National Film Centre") 

(48)  Изпълнителна  агенция  "Пристанищна  администрация" 

(Executive 

Agency "Port Administration") 

(49)  Изпълнителна  агенция  "Проучване  и  поддържане  на  река  Дунав" 

(Executive Agency "Exploration and Maintenance of the Danube River") 

(50)  Изпълнителна агенция "Пътища" (Roads Executive Agency) 

(51)  Изпълнителна  агенция  за  икономически  анализи  и  прогнози  (Executive 

Agency for Economic Analysis and Forecasting) 

(52)  Изпълнителна агенция за насърчаване на малките и средни предприятия 

(Executive Agency for Promotion of Small and Medium Enterprises) 

(53)  Изпълнителна агенция по лекарствата (Executive Agency on Medicines) 

(54)  Изпълнителна агенция по лозата и виното (Executive Agency on Vine and 

Wine) 

(55)  Изпълнителна агенция по околна среда (Executive Environment Agency) 

(56)  Изпълнителна  агенция  по  почвените  ресурси  (Executive  Agency  on  Soil 

Resources) 

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(57)  Изпълнителна агенция по рибарство и аквакултури (Executive Agency on 

Fisheries and Aquaculture) 

(58)  Изпълнителна агенция по селекция и репродукция в животновъдството 

(Executive Agency for Selection and Reproduction in Animal Husbandry) 

(59)  Изпълнителна  агенция  по  сортоизпитване,  апробация  и  семеконтрол 

(Executive  Agency  for  Plant  Variety  Testing,  Field  Inspection  and  Seed 

Control) 

(60)  Изпълнителна  агенция  по  трансплантация  (Transplantation  Executive 

Agency) 

(61)  Изпълнителна  агенция  по  хидромелиорации  (Executive  Agency  on 

Hydromelioration) 

(62)  Комисията  за  защита  на  потребителите  (Commission  for  Consumer 

Protection) 

(63)  Контролно-техническата инспекция (Control Technical Inspectorate) 

(64)  Национална агенция за приходите (National Revenue Agency) 

(65)  Национална  ветеринарномедицинска  служба 

(National  Veterinary 

Service) 

(66)  Национална  служба  за  растителна  защита  (National  Service  for  Plant 

Protection) 

(67)  Национална  служба  по  зърното  и  фуражите  (National  Grain  and  Feed 

Service) 

(68)  Национално управление по горите (National Forestry Board) 

ROMANIA 

1.  Administraţia Prezidenţială (Presidential Administration) 

2.  Senatul României (Romanian Senate) 

3.  Camera Deputaţilor (Chamber of Deputies) 

4.  Înalta Curte de Casaţie şi Justiţie (Supreme Court) 

5.  Curtea Constituţională (Constitutional Court) 

6.  Consiliul Legislativ (Legislative Council) 

7.  Curtea de Conturi (Court of Accounts) 

8.  Consiliul Superior al Magistraturii (Superior Council of Magistracy) 

9.  Parchetul General de pe langa Inalta Curte de Casatie si Justitie (General Prosecutor’s 

Office attached to the Supreme Court) 

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10. Secretariatul General al Guvernului (General Secretariat of the Government) 

11. Cancelaria Primului-Ministru (Chancellery of the Prime-Minister) 

12. Ministerul Afacerilor Externe (Ministry of Foreign Affairs) 

13. Ministerul Integrării Europene (Ministry of European Integration) 

14. Ministerul Finanţelor Publice (Ministry of Public Finance) 

15. Ministerul Justiţiei (Ministry of Justice) 
16. Ministerul Apărării Naţionale (Ministry of National Defence102) 

17. Ministerul Administraţiei şi Internelor (Ministry of Administration and Interior) 

18. Ministerul  Muncii,  Solidarităţii  Sociale  şi  Familiei  (Ministry  of  Labour,  Social 

Solidarity and Family) 

19. Ministerul Economiei şi Comerţului (Ministry of Economy and Commerce) 

20. Ministerul Agriculturii, Pădurii şi Dezvoltării Rurale (Ministry of Agriculture, Forest 

and Rural Development) 

21. Ministerul  Transporturilor,  Construcţiilor  şi  Turismului  (Ministry  of  Transport, 

Constructions and Tourism) 

22. Ministerul Educaţiei şi Cercetării (Ministry of Education and Research) 

23. Ministerul Sănătăţii Publice (Ministry of Public Health) 

24. Ministerul Culturii şi Cultelor (Ministry of Culture and Religious Affairs) 

25. Ministerul  Comunicaţiilor şi  Tehnologiei Informaţiilor (Ministry  of  Communications 

and Information Technology) 

26. Ministerul  Mediului  şi  Gospodăririi  Apelor  (Ministry  of  Environment  and  Water 

Management) 

27. Ministerul Public (Public Ministry) 

28. Serviciul Român de Informaţii (Romanian Intelligence Service) 

29. Serviciul Român de Informaţii Externe (Romanian Foreign Intelligence Service) 

30. Serviciul de Protecţie şi Pază (Protection and Guard Service) 

31. Serviciul de Telecomunicaţii Speciale (Special Telecommunications Service) 

32. Consiliul Naţional al Audiovizualului (The National Audiovisual Council) 

33. Directia Naţionala Anticorupţie (National Anti-corruption Department) 

34. Inspectoratul General de Politie (General Inspectorate of Police) 

35. Autoritatea  Nationala  pentru  Reglementarea  si  Monitorizarea  Achizitiilor  Publice 

(National Authority for Regulating and Monitoring Public Procurement) 

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36. Autoritatea  Naţională  de  Reglementare  în  Comunicaţii  (National  Authority  for 

Communications Regulation) 

37. Autoritatea  Nationala  de  Reglementare  pentru  Serviciile  Publice  de  Gospodarie 

Comunala  (National  Authority  for  Regulating  the  Public  Services  and  Rural 

Administration) 

38. Autoritatea  Naţională  Sanitară  Veterinară  şi  pentru  Siguranţa  Alimentelor  (Sanitary 

Veterinary and Food Safety National Authority) 

39. Autoritatea  Naţională  pentru  Protecţia  Consumatorilor  (National  Authority  for 

Consumer Protection) 

40. Autoritatea Navala Română (Romanian Naval Authority) 

41. Autoritatea Feroviară Română (AFER) (Romanian Railway Authority) 

42. Autoritatea Rutieră Română (ARR) (Romanian Road Authority) 

43. Autoritatea  Naţională  pentru  Protecţia  Copilului  şi  Adopţie  (National  Authority  for 

Child Protection and Adoption) 

44. Autoritatea Naţională pentru Persoanele cu Handicap (National Authority for Disabled 

Persons) 

45. Autoritatea Nationala pentru Turism (National Authority for Tourism) 

46. Agenţia pentru Strategii Guvernamentale (Agency of Governmental Strategies) 

47. Agenţia Naţională a Medicamentului (National Medicines Agency) 

48. Agenţia Naţională pentru Sport (National Agency for Sport) 

49. Agenţia  Naţională  pentru  Ocuparea  Fortei  de  Munca  (National  Agency  for 

Employment) 

50. Agenţia  Naţională  de  Reglementare  în  Domeniul  Energiei  (National  Agency  for 

Power Regulation) 

51. Agenţia  Română  pentru  Conservarea  Energiei  (Romanian  Agency  for  Power 

Conservation) 

52. Agenţia Naţională pentru Resurse Minerale (National Agency for Mineral Resources) 

53. Agenţia Română pentru Investiţii Străine (Romanian Agency for Foreign Investment) 

54. Agenţia  Naţională  pentru  Întreprinderi  Mici  şi  Mijlocii  şi  Cooperaţie  (National 

Agency for Small and Medium-Sized Entreprises and Cooperation) 

55. Agenţia Naţională a Funcţionarilor Publici (National Agency of Public Civil Servants) 

56. Agenţia  Naţională  de  Administrare  Fiscală 

(National  Agency  of  Fiscal 

Administration) 

EN 

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   EN 

 
Appendix 2 

Entities at subcentral level and bodies governed by public law 

Entities which procure in accordance with the provisions of this title 

LISTS OF BODIES AND CATEGORIES OF BODIES GOVERNED BY PUBLIC 
LAW 

XXVI. BULGARIA: 

Bodies: 

- 
- 
- 
- 
- 
- 
- 
- 
- 

Икономически и социален съвет (Economic and Social Council) 
Национален осигурителен институт (National Social Security Institute) 
Национална здравноосигурителна каса (National Health Insurance Fund) 
Български червен кръст (Bulgarian Red Cross) 
Българска академия на науките (Bulgarian Academy of Sciences) 
Национален център за аграрни науки (National Centre for Agrarian Science) 
Български институт за стандартизация (Bulgarian Institute for Standardisation) 
Българско национално радио (Bulgarian National Radio) 
Българска национална телевизия (Bulgarian National Television) 

Categories: 

- 

- 

- 

- 

- 

- 

Държавни предприятия по смисъла на чл.62, ал.3 от Търговския закон (обн., ДВ, 
бр.48/18.6.1991)  (State  undertakings  within  the  meaning  of  Article  62(3)  of  the 
Commercial Law (published in State Gazette No 48/18.6.1991)).  
Държавни  висши  училища,  създадени  в  съответствие  с  чл.13  на  Закона  за 
висшето образование (обн., ДВ, бр.112/27.12.1995) (State Universities, established 
pursuant to Article 13 of the Law on the Higher Education (published in State Gazette 
No 112/27.12.1995)). 
Културни  институти  по  смисъла  на  Закона  за  закрила  и  развитие  на  културата 
(обн.,  ДВ,  бр.50/1.6.1999)  (Cultural  institutes  within  the  meaning  of  the  Law  on 
Culture Protection and Development (published in State Gazette No 50/1.6.1999)). 
Държавни  или  общински  лечебни  заведения  по  чл. 3,  ал. 1  от  Закона  за 
лечебните  заведения  (обн.,  ДВ,  бр.62/9.7.1999)  (State  or  municipal  medical 
institutions referred to in Article 3(1) of the Law on Medical Institutions (published in 
State Gazette No 62/9.7.1999)). 
Лечебни  заведения  по  чл. 5,  ал. 1  от  Закона  за  лечебните  заведения  (обн.,  ДВ, 
бр.62/9.7.1999) (Medical institutions referred to in Article 5(1) of the Law on Medical 
Institutions (published in State Gazette No 62/9.7.1999)). 
Юридически  лица  с  нестопанска  цел  за  осъществяване  на  общественополезна 
дейност  по  смисъла  на  Закона  за  юридическите  лица  с  нестопанска  цел  (обн., 
ДВ,  бр.81/6.10.2000),  които  отговарят  на  условията  по  §1,  т.1  на  Закона  за 
обществените  поръчки  (обн.,  ДВ,  бр.  28/6.4.2004)  (Legal  persons  of  a 
non-commercial  character  established  for  the  purpose  of  meeting  needs  of  general 
interest  pursuant  to  the  Law  on  Legal  Persons  of  a  Non-commercial  Character 

EN 

248 

   EN 

 
 
 
(published  in  State  Gazette  No  81/6.10.2000),  and  satisfying  the  conditions  of  §1, 
item 1 of the Public Procurement Law (published in State Gazette No 28/6.4.2004)). 

XXVII. ROMANIA: 

Bodies: 

- 
- 
- 
- 
- 
- 
- 

- 

- 
- 
- 

- 
- 
- 
- 

- 
- 
- 
- 

- 
- 
- 

- 

- 

- 
- 
- 

- 
- 
- 
- 
- 

- 
- 

(National  Radiocommunication 

Academia Română (Romanian Academy) 
Biblioteca Naţională (National Library) 
Institutul Cultural Român (Romanian Cultural Institute) 
Institutul European din România (European Institute from Romania) 
Institutul de Memorie Culturală (Institute for Cultural Memory) 
Agenţia Naţională "Socrates" (National Agency “Socrates”) 
Centrul  European  UNESCO  pentru  Învăţământul  Superior  (CEPES)  (UNESCO 
European Center for Higher Education) 
Comisia Naţională a României pentru UNESCO (National Romanian Commission for 
UNESCO) 
Societatea Română de Radiodifuziune (Romanian Broadcasting Company) 
Societatea Română de Televiziune (Romanian Television Company) 
Societatea  Naţională  pentru  Radiocomunicaţii 
Company) 
Oficiul Naţional al Cinematografiei (National Cinematography Office) 
Studioul de Creaţie Cinematografică (Studio of Cinematographic Creation) 
Arhiva Naţională de Filme (National Film Archive) 
Oficiul  Naţional  pentru  Documentare  şi  Expoziţii  de  Artă  (National  Office  for 
Documentation and Art Exhibition) 
Corul Naţional de Cameră "Madrigal" (National Chamber Choir Madrigal) 
Inspectoratul muzicilor militare (Institute of Military Music) 
Palatul Naţional al Copiilor (National Children Palace) 
Oficiul Naţional al  Burselor  de Studii în  Străinătate (National Office for Scolarships 
Abroad) 
Agenţia Socială a Studenţilor (Social Agency of Students) 
Comitetul Olimpic Român (Romanian Olympic Committee) 
Centrul  Român  pentru  Promovarea  Cooperării  Europene  în  Domeniul  Tineretului 
(EUROTIN) (Romanian Agency for European Youth Cooperation) 
Centrul  de  Informare  şi  Consultanţă  pentru  Tineret  (INFOTIN)  (Youth  Information 
and Counselling Center) 
Centrul  de  Studii  şi  Cercetări  pentru  Probleme  de  Tineret  (CSCPT)  (Youth  Studies 
and Research Center) 
Centrul de Cercetări pentru Probleme de Sport (CCPS) (Center for Sport Research) 
Societatea Naţională de Cruce Roşie (Romanian National Red Cross Society) 
Consiliul Naţional pentru Combaterea Discriminării (National Council for Combatting 
Discrimination) 
Secretariatul de Stat pentru Problemele Revoluţionarilor din Decembrie 1989 
(State Secretariat for December 1989 Revolutionaries' Problems) 
Secretariatul de Stat pentru Culte (State Secretariat for Cults) 
Agenţia Naţională pentru Locuinţe (National Agency for Housing) 
Casa  Naţională  de  Pensii  şi  Alte  Drepturi  de  Asigurări  Sociale  (National  House  of 
Pension and Other Social Insurance Rights) 
Casa Naţională de Asigurări de Sănătate (National House of Health Insurance) 
 Inspecţia Muncii (Labour Inspection) 

EN 

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- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 
- 
- 

- 

- 

- 

- 

- 

- 
- 
- 

- 

- 

- 

- 

- 

(Central  Laboratory  of 

Oficiul  Central  de  Stat  pentru  Probleme  Speciale  (Central  State  Office  for  Special 
Problems) 
Inspectoratul General pentru Situaţii de Urgenţă (General Inspectorate for Emergency 
Situations) 
Agenţia  Naţională  de  Consultanţă  Agricolă  (National  Agency  for  Agricultural 
Counselling) 
Agenţia  Naţională  pentru  Ameliorare  şi  Reproducţie  în  Zootehnie  (National  Agency 
for Improvement and Zootechnic Reproduction) 
Laboratorul  Central  pentru  Carantină  Fitosanitară 
Phytosanitary Quarantine) 
Laboratorul  Central  pentru  Controlul  Calităţii  Seminţelor  (Central  Laboratory  for 
Seeds Quality Control) 
Institutul  pentru  Controlul  Produselor  Biologice  şi  Medicamentelor  de  Uz  Veterinar 
(Institute for the Control of Veterinary Biologicals and Medicines) 
Institutul de Igienă şi Sănătate Publică şi Veterinară (Hygiene Institute of Veterinary 
Public Health) 
Institutul  de  Diagnostic  şi  Sănătate  Animală  (Institute  for  Diagnosis  and  Animal 
Health) 
Institutul de Stat pentru Testarea şi Înregistrarea Soiurilor (State Institute for Variety 
Testing and Registration) 
Banca de Resurse Genetice Vegetale (Genetical Vegetal Resources Bank) 
Institutul Diplomatic Roman (Romanian Diplomatic Institute) 
Administraţia  Naţională  a  Rezervelor  de  Stat  (National  Administration  of  State 
Reserves) 
Agenţia Naţională pentru Dezvoltarea şi Implementarea Programelor de Reconstrucţie 
a Zonelor Miniere (National Agency for the Development and the Implementation of 
the Mining Regions Reconstruction Programs) 
Agenţia  Naţională  pentru  Substanţe  şi  Preparate  Chimice  Periculoase  (National 
Agency for Dangerous Chemical Substances) 
Agenţia  Naţională  de  Control  al  Exporturilor  Strategice  şi  al  Interzicerii  Armelor 
Chimice  (National  Agency  for  the  Control  of  Strategic  Exports  and  Prohibition  of 
Chemical Weapons) 
Agenţia  Naţională  pentru  Supravegherea  Radioactivităţii  Mediului  (National  Agency 
for Environment Radioactivity Surveillance) 
Administraţia Rezervaţiei Biosferei "Delta Dunării" Tulcea (Administration of Natural 
Biosphere Reservation-“Danube Delta”-Tulcea) 
Regia Naţională a Pădurilor (ROMSILVA) (National Forests Administration) 
Administraţia Naţională Apele Române (Romanian Waters National Administration) 
Administratia Nationala de Meteorologie 
Meteorology) 
Comisia Naţională pentru Reciclarea Materialelor (National Commission for Materials 
Recycling) 
Comisia Naţională pentru Controlul Activităţilor Nucleare (National Commission for 
Nuclear Activity Control) 
Agenţia Naţională pentru Ştiinţă, Tehnologie şi Inovare (National Agency for Science, 
Technology and Innovation) 
Agenţia  Naţională  pentru  Comunicaţii  şi  Informatică  (National  Agency  for 
Communication and Informatics) 
Inspectoratul  General  pentru  Comunicaţii  şi  Tehnologia  Informaţiei  (General 
Inspectorate for Communication and Information Technology) 

Administration 

 (National 

of 

EN 

250 

   EN 

 
- 

- 

- 

- 
- 

- 

- 

- 
- 
- 
- 

- 
- 

- 

- 

- 

- 
- 
- 
- 

- 
- 

- 
- 
- 

- 

- 

- 
- 
- 
- 

Oficiul  pentru  Administrare  şi  Operare  al  Infrastructurii  de  Comunicaţii  (Office  for 
Administration and Operation of the Data Communication Infrastructure) 
Inspecţia  de  Stat  pentru  Controlul  Cazanelor,  Recipientelor  sub  Presiune  şi 
Instalaţiilor  de  Ridicat  (State  Inspection  for  the  Control  of  Boilers,  Pressure  Vessels 
and Hoisting Equipment) 
Centrul  Român  pentru  Pregătirea  şi  Perfecţionarea  Personalului  din  Transporturi 
Navale  –  CERONAV  (Romanian  Center  for  Instruction  and  Training  of  Personnel 
engaged in Naval Transport) 
Inspectoratul Navigaţiei Civile (INC) (Inspectorate for Civil Navigation) 
Societatea  de  Servicii  de  Management  Feroviar  SMF  SA  (Society  for  Railway 
Management Services) 
Societatea  de  Administrare  Active  Feroviare  SAAF  SA  (Society  for  Railway  Assets 
Administration) 
Regia  Autonomă  Registrul  Auto  Român  (Autonomous  Regie  -  Romanian  Auto 
Register) 
Agenţia Spaţială Română (Romanian Space Agency) 
Şcoala Superioară de Aviaţie Civilă (Superior School of Civil Aviation) 
Aeroclubul României (Romanian Aeroclub) 
Centrul  de  pregătire  pentru  Personalul  din  Industrie  Buşteni  (TrainingCenter  for  the 
Staff in Industry Busteni) 
Centrul Român de Comerţ Exterior (Romanian Center of Foreign Trade) 
Centrul  de  Formare  şi  Management  pentru  Comerţ  Bucureşti  (Management  and 
Formation Center for Commerce Bucureşti) 
Agenţia  de  Cercetare  pentru  Tehnică  şi  Tehnologii  Militare  (Research  Agency  for 
Military Technics and Technology) 
Asociaţia  Română  de  Standardizare 
Standardization) 
Asociaţia  de  Acreditare  din  România 
Association) 
Comisia Naţională de Prognoză (CNP) (National Commission for Prognosis) 
Institutul Naţional de Statistică (INS) (National Institute for Statstics) 
Consiliul Concurenţei (CC) (Competition Council) 
Comisia  Naţională  a  Valorilor  Mobiliare  (CNVM)  (National  Commission  for 
Transferable Securities) 
Consiliul Economic şi Social (CES) (Economic and Social Council) 
Oficiul Participaţiilor Statului şi Privatizării în Industrie (Office of State Participation 
and Privatization in Industry) 
Agenţia Domeniilor Statului (Agency of State Domains) 
Oficiul Naţional al Registrului Comerţului (National Trade Register Office) 
Autoritatea  pentru  Valorificarea  Activelor  Statului  (AVAS)  (Authority  for  State 
Assets Recovery) 
Oficiul  National  de  Prevenire  şi  Combatere  a  Spălării  Banilor  (ONPCSB)  (National 
Office for Preventing and Combatting Money Laundering) 
Consiliul Naţional pentru Studierea Arhivelor Securităţii (National Council for Study 
of the Securitate Archives) 
Avocatul Poporului (People's Attorney) 
Autoritatea Electorala Permanenta (Permanent Electoral Authority) 
Institutul Naţional de Administraţie (INA) (National Institute of Administration) 
Inspectoratul Naţional pentru Evidenţa Persoanelor (National Inspectorate for Persons' 
Record) 

(Romanian  Association  of 

(Romanian  Accreditation 

(RENAR) 

(ASRO) 

EN 

251 

   EN 

 
- 

- 

- 

- 
- 
- 
- 
- 

- 

- 
- 

- 
- 
- 

- 
- 

- 
- 

- 
- 

- 
- 

- 

- 

- 

- 

- 

- 
- 
- 

- 

Oficiul  de  Stat  pentru  Invenţii  şi  Mărci  (OSIM)  (State  Office  for  Inventions  and 
Trademarks) 
Oficiul  Român  pentru  Drepturile  de  Autor  (ORDA)  (Romanian  Office  for  Author 
Rights) 
Oficiul  Naţional  pentru  Protejarea  Patrimoniului  (National  Office  for  Patrimony 
Protection) 
Agentia Nationala Antidrog (National Antidrug Agency) 
Biroul Român de Metrologie Legală (Romanian Bureau of Legal Metrology) 
Inspecţia de Stat în Construcţii (State Inspection in Construction) 
Compania Naţională de Investiţii (Natonal Company for Investements) 
Compania  Naţională  de  Autostrăzi  şi  Drumuri  Naţionale  (Romanian  National 
Company of Motorways and National Roads) 
Agentia Nationala de Cadastru si Publicitate Imobiliara (National Agency for Cadastre 
and Real Estate Advertising)  
Direcţia topografică militară (Department of Military Topography) 
Administratia Nationala a Îmbunătăţirilor Funciare (National Administration of Land 
Improvements) 
Garda Financiară (Financial Guard) 
Garda Naţională de Mediu (National Guard for Environment) 
Institutul  Naţional  de  Expertize  Criminalistice  (National  Institute  for  Criminological 
Expertise) 
Institutul Naţional al Magistraturii (National Institute of Magistracy) 
Institutul Naţional pentru Pregătirea şi Perfecţionarea Magistraţilor (National Institute 
for Magistrates' Professional Training) 
Institutul Naţional de Criminologie (National Institute of Criminology) 
Centrul  de  Pregătire  şi Perfecţionare  a  Grefierilor  şi  a  Celuilalt  Personal  Auxiliar  de 
Specialitate  (Training  Center  for  Courtclerks  and  Other  Auxiliary  Specialised 
Personnel) 
Direcţia Generală a Penitenciarelor (General Directorate for Penitentiaries) 
Oficiul Registrului Naţional al Informaţiilor Secrete de Stat (National Register Office 
of State Secret Information) 
Autoritatea Nationala a Vămilor (National Customs Authority) 
Regia  Autonomă  "Administraţia  Zonei  Libere  Constanţa-Sud"  (Autonomous  Regie 
"Free Zone Administration Constanţa-Sud") 
Regia Autonomă "Administraţia Zonei Libere Brăila" (Autonomous Regie “Free Zone 
Administration Brăila”) 
Regia Autonomă "Administraţia Zonei Libere Galaţi" (Autonomous Regie “Free Zone 
Administration Galaţi”) 
Regia Autonomă "Administraţia Zonei Libere Sulina" (Autonomous Regie “Free Zone 
Administration Sulina”) 
Regia  Autonomă  "Administraţia  Zonei  Libere  Giurgiu"  (Autonomous  Regie  “Free 
Zone Administration Giurgiu”) 
Regia  Autonomă  "Administraţia  Zonei  Libere  Curtici"  (Autonomous  Regie  “Free 
Zone Administration Curtici”) 
Banca Naţională a României (National Bank of Romania) 
Regia Autonomă "Monetăria Statului" (Autonomous Regie “State Mint of Romania") 
Regia Autonomă "Imprimeria Băncii Naţionale" (Autonomous Regie “Printing House 
of the National Bank”) 
Regia  Autonomă  "Imprimeria  Naţională"  (Autonomous  Regie  “National  Printing 
House”) 

EN 

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- 
- 
- 
- 
- 
- 
- 
- 
- 
- 

- 

Regia Autonomă "Monitorul Oficial" (Autonomous Regie “Official Gazette”) 
Regia Autonomă "Rasirom" (Autonomous Regie "Rasirom”) 
Regia Autonomă "Unifarm" Bucureşti (Autonomous Regie "Unifarm” Bucureşti) 
Regia Autonomă "România Film" (Autonomous Regie "Romania Film”) 
Compania Naţională "Loteria Română" (National Company "Romanian Lottery”) 
Compania Naţională "Romtehnica" (National Company "Romtehnica”) 
Compania Naţională "Romarm" (National Company "Romarm”) 
Regia Autonomă "Romavia" (Autonomous Regie "Romavia”) 
Agenţia Naţională de Presă ROMPRES (National News Agency ROMPRES) 
Regia Autonomă "Editura Didactică şi Pedagogică" (Autonomous Regie "Didactic and 
Pedagogical Publishing House”) 
Regia  Autonomă  "Administraţia  Patrimoniului  Protocolului  de  Stat"  (Autonomous 
Regie "Administration of State Patrimony and Protocol”) 

Bodies: 

- 
- 
- 
- 
- 
- 

- 
- 
- 
- 
- 

- 
- 
- 
- 
- 
- 
- 
- 
- 
- 

Institute şi centre de cercetare (Research institutes and centers) 
Instituţii de învăţământ de stat (Education state institutes) 
Universităţi de stat (State Universities) 
Muzee (Museums) 
Biblioteci de stat (State Libraries) 
Teatre  de  stat,  opere,  operete,  filarmonica,  centre  şi  case  de  cultură  (State  Theaters, 
operas, philharmonic orchestras, cultural houses and centers) 
Reviste (Magazines) 
Edituri (Publishing houses) 
Inspectorate şcolare, de cultură, de culte (School , culture and cults inspectorates) 
Complexuri, federaţii şi cluburi sportive (Sport federations and clubs) 
Spitale,  sanatorii,  policlinici,  dispensare,  centre  medicale,  institute  medico-legale, 
staţii  ambulanţă  (Hospitals,  sanatoriums,  clinics,  medical  units,  legal-medical 
institutes, ambulance stations) 
Unităţi de asistenţă socială (Social assistance units) 
Tribunale (Tribunals) 
Judecătorii (Law Courts) 
Curţi de apel (Courts of Appeal) 
Penitenciare (Penitentiaries) 
Parchetele de pe lângă instanţele judecătoreşti (Prosecutor’s Offices) 
Unităţi militare (Military units) 
Instanţe militare (Military courts) 
Inspectorate de Politie (Police Inspectorates) 
Centre de odihnă (Rest Houses)". 

EN 

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   EN 

 
 
Appendix 3 

ENTITIES OPERATING IN THE UTILITIES SECTOR 

Entities which procure in accordance with the provisions of this title 

Section 1 

Contracting entities in the field of maritime or inland port or other terminal facilities 

BULGARIA 

ДП "Пристанищна инфраструктура" (Government Company "Ports Infrastructure"). 

Лицата,  които  по  силата  на  специални  или  изключителни  права  осъществяват 
експлоатация  на  цяло  или  част  от  пристанище  за  обществен  транспорт  с  национално 
значение,  посочено  в  Приложение  №  1  към  чл.103а  на  Закона  за  морските 
пространства, вътрешните водни пътища и пристанищата на Република България (обн., 
ДВ,  бр.12/11.02.2000)  (Entities  which  on  the  bases  of  special  or  exclusive  rights  perform 
exploitation  of  ports  for  public  transport  with  national  importance  or  parts  thereof,  listed  in 
Annex No 1 to Article 103a of the Law on Maritime Space, Inland Waterways and Ports of 
the Republic of Bulgaria (published in State Gazette No 12/11.02.2000). 

Лицата,  които  по  силата  на  специални  или  изключителни  права  осъществяват 
експлоатация  на  цяло  или  част  от  пристанище  за  обществен  транспорт  с  регионално 
значение,  посочено  в  Приложение  №  2  към  чл.103а  на  Закона  за  морските 
пространства, вътрешните водни пътища и пристанищата на Република България (обн., 
ДВ,  бр.12/11.02.2000)  (Entities  which  on  the  bases  of  special  or  exclusive  rights  perform 
exploitation  of  ports  for  public transport  with  regional  importance  or  parts  thereof,  listed  in 
Annex No 2 to Article 103a of the Law on Maritime Space, Inland Waterways and Ports of 
the Republic of Bulgaria (published in State Gazette No 12/11.02.2000). 

ROMANIA 

− 

− 

− 

− 

− 

− 

− 

− 

Compania Naţională "Administraţia Porturilor Maritime" SA Constanţa (National 
Company "Administration of Maritime Ports" SA Constanţa) 
Compania Naţională "Administraţia Canalelor Navigabile SA" (National Company 
"Administration of Maritime Ports" SA Constanţa) 
Compania Naţională de Radiocomunicaţii Navale "RADIONAV" SA (National 
Company of Naval Radiocommunications “RADIONAV" SA) 
Regia Autonomă "Administraţia Fluvială a Dunării de Jos" (Autonomous Regie 
"River Administration of Lower Danube") 
Compania Naţională "Administraţia Porturilor Dunării Maritime" (National Company 
"Maritime Danube Ports Administration") 
Compania Naţională "Administraţia Porturilor Dunării Fluviale" SA (National 
Company "River Danube Ports Administration") 
Agenţia Română de Intervenţii şi Salvare Navală – ARISN (Romanian Agency for 
Interventions and Naval Rescue - ARISN) 
Porturile: Sulina, Brăila, Zimnicea şi Turnul-Măgurele (Ports : Sulina, Brăila, 
Zimnicea and Turnul-Măgurele). 

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Section 2 

Contracting entities in the field of airport facilities 

BULGARIA 

– 

– 

– 

Главна  дирекция  "Гражданска  въздухоплавателна  администрация"  (General 
Directorate "Civil Aviation Administration"); 
ДП  "Ръководство  на  въздушното  движение"  (Government  Company  “Air  Traffic 
Services”); 
Летищни оператори на граждански летища за обществено ползване, определени 
от Министерския съвет в съответствие с чл.43, ал.3 на Закона на гражданското 
въздухоплаване  (обн.,  ДВ,  бр.94/1.12.1972)  (Airport  operators  of  civil  airports  for 
public  use  determined  by  the  Council  of  Ministers  pursuant  to  Article 43(3)  of  the 
Civil Aviation Law (published in State Gazette No 94/1.12.1972). 

ROMANIA 

– 

– 

– 

– 

– 

– 

– 

Compania  Naţională  "Aeroportul  Internaţional  Henri  Coandă  Bucureşti"  –  SA 
(National Company "International Airport Henri Coandă Bucharest" – SA) 
Societatea  Naţională  "Aeroportul  Internaţional  Bucureşti  –  Băneasa"  –  SA  (National 
Company "International Airport Bucharest – Baneasa" – SA) 
Societatea  Naţională  "Aeroportul  Internaţional  Constanţa"  –  SA  (National  Company 
"International Airport Constanţa" – SA) 
Societatea  Naţională  "Aeroportul  Internaţional  Timişoara  –  Traian  Vuia"  –  SA 
(National Company "International Airport Timişoara – Traian Vuia" – SA) 
Regia  Autonomă  "Administraţia  Română  a  Serviciilor  de  Trafic  Aerian  – 
ROMATSA"  (Autonomous  Regie  "Romanian  Air  Traffic  Services  Administration  - 
ROMATSA") 
Regia  Autonomă  "Autoritatea  Aeronautică  Civilă  Română"  (Autonomous  Regie 
"Romanian Civil Aviation Authority") 
Aeroporturile aflate în subordinea consiliilor locale (The airports subordinate to Local 
Councils): 
- 
- 
- 

Regia Autonomă Aeroportul Arad (Autonomous Regie Arad Airport) 
Regia Autonomă Aeroportul Bacău (Autonomous Regie Bacău Airport) 
Regia  Autonomă  Aeroportul  Baia  Mare  (Autonomous  Regie  Baia  Mare 
Airport) 
Regia  Autonomă  Aeroportul  Caransebeş  (Autonomous  Regie  Caransebeş 
Airport) 
Regia Autonomă Aeroportul Cluj-Napoca  (Autonomous Regie Cluj -  Napoca 
Airport) 
Regia Autonomă Aeroportul Craiova (Autonomous Regie Craiova Airport) 
Regia Autonomă Aeroportul Iaşi (Autonomous Regie Iaşi Airport) 
Regia Autonomă Aeroportul Oradea (Autonomous Regie Oradea Airport) 
Regia  Autonomă  Aeroportul  Satu-Mare  (Autonomous  Regie  Satu  -  Mare 
Airport) 
Regia Autonomă Aeroportul Sibiu (Autonomous Regie Sibiu Airport) 
Regia Autonomă Aeroportul Suceava (Autonomous Regie Suceava Airport) 
Regia  Autonomă  Aeroportul  Târgu  Mureş  (Autonomous  Regie  Târgu  Mureş 
Airport) 
Regia Autonomă Aeroportul Tulcea (Autonomous Regie Tulcea Airport). 

- 

- 

- 
- 
- 
- 

- 
- 
- 

- 

EN 

255 

   EN 

 
List of publication means to be added to ANNEX XIII of the Association Agreement  

ANNEX VIII 

Appendix 2 

BULGARIA 

Notices: 

- 

- 

- 

Official Journal of the European Union 

State Gazette (http://dv.parliament.bg) 

Public Procurement Register (www.aop.bg) 

Laws and Regulations: 

- 

State Gazette 

Judicial decisions: 

- 

Suprime Administrative Court (www.sac.government.bg) 

Administrative rulings of general application and any procedure: 

- 

- 

Public Procurement Agency (www.aop.bg) 

Commission for Protection of Competition (www.cpc.bg) 

ROMANIA 

- 

- 

- 

Official Journal of the European Union 

Official Journal of Romania 

Electronic System for Public Procurement (www.e-licitatie.ro) 

EN 

256 

   EN