Second additional protocol to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
Date: 2007-07-24
Institutions: Austria, Belgium, Bulgaria, Chile, Cyprus, Czechia, Denmark, Estonia, European Community, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom
Subjects: Bulgaria, Chile, Romania, accession to the European Union, association agreement (EU), protocol to an agreement

L 251/2

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Official Journal of the European Union

26.9.2007

SECOND ADDITIONAL PROTOCOL

to the Agreement establishing an association between the European Community and its Member
States, of the one part, and the Republic of Chile, of the other part, to take account of the accession of
the 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,

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’,

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Official Journal of the European Union

L 251/3

THE EUROPEAN COMMUNITY, hereinafter referred to as the ‘Community’,

and

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

WHEREAS the Agreement establishing an association between the Community and its Member States, of the
one part, and the Republic of Chile, of the other part, hereinafter referred to as ‘the Agreement’, was signed in
Brussels on 18 November 2002 and entered into force on 1 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 entered into force on 1 January 2007;

WHEREAS the (first) Additional Protocol to the Agreement 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

SECTION III

CONTRACTING PARTIES

TRADE IN SERVICES AND ESTABLISHMENT

Article 1

Article 5

The Republic of Bulgaria and Romania hereby become
Contracting Parties to the Agreement with effect from 1 January
2007.

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

SECTION II

RULES OF ORIGIN

Article 2

Article 6

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

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.

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

Article 7

Article 3

Article 8

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

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

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 which on the
date of accession are either en route or in temporary storage, in a
customs warehouse or in a free zone in Chile or in such new
Member State.

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

SECTION IV

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.

L 251/4

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Official Journal of the European Union

26.9.2007

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,
respective internal
procedures.

in accordance with their

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
from 1 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.

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.

this Protocol

The Community shall communicate within three months from
the signature of
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.

Article 12

5. Where a provision of
is applied by the
Contracting Parties pending its entry into force, any reference in

this Protocol

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

Съставено в Брюксел на двадесет и четвърти юли две хиляди и седма година.

Hecho en Bruselas, el veinticuatro de julio de dos mil siete.

V Bruselu dne dvacátého čtvrtého července dva tisíce sedm.

Udfærdiget i Bruxelles, den fireogtyvende juli to tusind og syv.

Geschehen zu Brüssel am vierundzwanzigsten Juli zweitausendsieben.

Kahe tuhande seitsmenda aasta juulikuu kahekümne neljandal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι τέσσερις Ιουλίου δύο χιλιάδες επτά.

Done at Brussels on the twenty-fourth day of July in the year two thousand and seven.

Fait à Bruxelles, le vingt-quatre juillet deux mille sept.

Fatto a Bruxelles, addì ventiquattro luglio duemilasette.

Briselē, divtūkstoš septītā gada divdesmit ceturtajā jūlijā.

Priimta du tūkstančiai septintųjų metų liepos dvidešimt ketvirtą dieną Briuselyje.

Kelt Brüsszelben, a kettőezer-hetedik év július havának huszonnegyedik napján.

Magħmul fi Brussel, fl-erbgħa u għoxrin jum ta' Lulju tas-sena elfejn u sebgħa.

Gedaan te Brussel, de vierentwintigste juli tweeduizend zeven.

Sporządzono w Brukseli dnia dwudziestego czwartego lipca roku dwa tysiące siódmego.

Feito em Bruxelas, em vinte e quatro de Julho de dois mil e sete.

Întocmit la Bruxelles, la douăzeci şi patru iulie două mii şapte.

V Bruseli dvadsiateho štvrtého júla dvetisícsedem.

V Bruslju, dne štiriindvajsetega julija leta dva tisoč sedem.

Tehty Brysselissä kahdentenakymmenentenäneljäntenä päivänä heinäkuuta vuonna kaksituhat-
taseitsemän.

Som skedde i Bryssel den tjugofjärde juli tjugohundrasju.

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Official Journal of the European Union

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За държавите-членки

Por los Estados miembros

Za členské státy

For medlemsstaterne

Für die Mitgliedstaaten

Liikmesriikide nimel

Για τα κράτη μέλη

For the Member States

Pour les États membres

Per gli Stati membri

Dalībvalstu vārdā

Valstybių narių vardu

A tagállamok részéről

Għall-Istati Membri

Voor de lidstaten

За Европейската общност

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu państw członkowskich

W imieniu Wspólnoty Europejskiej

Pelos Estados-Membros

Pentru statele membre

Za členské štáty

Za države članice

Jäsenvaltioiden puolesta

Pela Comunidade Europeia

Pentru Comunitatea Europeană

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På medlemsstaternas vägnar

På Europeiska gemenskapens vägnar

L 251/6

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Official Journal of the European Union

26.9.2007

За Република Чили

Por la República de Chile

Za Chilskou republiku

For Republikken Chile

Für die Republik Chile

Tšiili Vabariigi nimel

Για τη Δημοκρατία της Χιλής

For the Republic of Chile

Pour la République du Chili

Per la Repubblica del Cile

Čīles Republikas vārdā

Čilės Respublikos vardu

A Chilei Köztársaság részéről

Għar-Repubblika taċ-Ċili

Voor de Republiek Chili

W imieniu Republiki Chile

Pela República do Chile

Pentru Republica Chile

Za Čilsku republiku

Za Republiko Čile

Chilen tasavallan puolesta

För Republiken Chile

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

ANNEX I

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
ES
CS
DA
DE
ET
EL
EN
FR
IT
LV
LT
HU
MT
NL
PL
PT
RO
SK
SL
FI
SV

“ИЗДАДЕН ВПОСЛЕДСТВИЕ”
“EXPEDIDO A POSTERIORI”
“VYSTAVENO DODATEČNE”
“UDSTEDT EFTERFØLGENDE”
“NACHTRÄGLICH AUSGESTELLT”
“TAGANTJÄRELE VÄLJA ANTUD”
“ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ”
“ISSUED RETROSPECTIVELY”
“DÉLIVRÉ A POSTERIORI”
“RILASCIATO A POSTERIORI”
“IZSNIEGTS RETROSPEKTĪVI”
“RETROSPEKTYVUSIS IŠDAVIMAS”
“KIADVA VISSZAMENŐLEGES HATÁLLYAL”
“MAHRUG RETROSPETTIVAMENT”
“AFGEGEVEN A POSTERIORI”
“WYSTAWIONE RETROSPEKTYWNIE”
“EMITIDO A POSTERIORI”
“EMIS A POSTERIORI”
“VYDANÉ DODATOČNE”
“IZDANO NAKNADNO”
“ANNETTU JÄLKIKÄTEEN”
“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
ES
CS
DA
DE
ET
EL
EN
FR
IT
LV
LT
HU
MT
NL
PL
PT
RO
SK
SL
FI
SV

“ДУБЛИКАТ”
“DUPLICADO”
“DUPLIKÁT”
“DUPLIKAT”
“DUPLIKAT”
“DUPLIKAAT”
“ΑΝΤΙΓΡΑΦΟ”
“DUPLICATE”
“DUPLICATA”
“DUPLICATO”
“DUBLIKĀTS”
“DUBLIKATAS”
“MÁSODLAT”
“DUPLIKAT”
“DUPLICAAT”
“DUPLIKAT”
“SEGUNDA VIA”
“DUPLICAT”
“DUPLIKÁT”
“DVOJNIK”
“KAKSOISKAPPALE”
“DUPLIKAT”’

L 251/8

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Official Journal of the European Union

26.9.2007

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.

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

Bulgarian version

Spanish version

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

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).

Czech 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).

Danish version

German version

Der Ausführer (ermächtigter Ausführer; Bewilligung 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.

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.

Estonian version

Greek version

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

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

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

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Official Journal of the European Union

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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).

English version

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

French version

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

Italian version

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

Latvian version

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

Lithuanian version

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

Hungarian version

L-esportatur tal-prodotti koperti b'dan id-dokument (awtorizzazzjoni kompetenti tal-gvern jew tad-dwana nru. … (1))
jiddikjara li, ħlief fejn indikat b'mod ċar mod ieħor, dawn il-prodotti huma ta' oriġini preferenzjali … (2).

Maltese version

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).

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

Polish version

Portuguese version

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

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

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

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Official Journal of the European Union

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Romanian version

Exportatorul produselor care 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).

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

správy alebo príslušného vládneho

Slovak 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.

Slovenian 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).

Finnish 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).

Swedish version

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

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

(3) These indications may be omitted if the information is contained on the document itself.
(4)

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

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ANNEX III

( A n n e x V I I o f

t h e A g r e e m e n t r e f e r r e d t o i n A r t i c l e 9 9 o f

t h e A g r e e m e n t )

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

Austria

Belgium

Bulgaria

Cyprus

Czech Republic

Germany

Denmark

Spain

Estonia

France

Finland

Greece

HU

Hungary

IT

IE

LU

LT

LV

MT

NL

PT

PL

RO

SE

SI

SK

UK

Italy

Ireland

Luxembourg

Lithuania

Latvia

Malta

The Netherlands

Portugal

Poland

Romania

Sweden

Slovenia

Slovakia

United Kingdom

3.

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

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

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

I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

(3)

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

(3)

(a)

(b)

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 Commu-
nity law.
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 adminis-
tration 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
(3)

RO: the sole administrator or the Chairman of the Board of
Administration as well as half of a total number of
administrators of a commercial company shall be
Romanian citizens unless otherwise stipulated in the
company contract or in its statutes. The majority of the
commercial company’s 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 EEA (3).
Corresponding conditions prevail for establishment of all
other types of legal entities.

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(1)
(2)

(3)

In the case of Austria, Finland and Sweden no horizontal reservation has been taken for services considered as public utilities.
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.
Exceptions from these requirements may be granted, if it can be proved that residency is not necessary.

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

Law on foreign companies’ branches
(3)

SE: a foreign company (which has not established a legal entity in
Sweden) shall conduct its commercial operations through a branch,
established in Sweden with independent management and separate
accounts.
SE: building projects with a duration of less than a year are exempted
from the requirements of establishing a branch or appointing a resident
representative.
PL: unbound with respect to branches.

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 authorisation. 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 authorisation.
FI: acquisition of shares by foreign owners giving more than one third of
the voting rights of a major Finnish company or a major business
undertaking (with more than 1 000 employees or with a turnover
exceeding 1 000 million Finnish markka or with a balance sheet total
exceeding EUR 167 million) is subject to confirmation by the Finnish
authorities; the confirmation may be denied only if an important
national interest would be jeopardised.
FI: at least half of the founders of a limited company need to be resident
either in Finland or in one of the other EEA (European Economic Area)
countries. Company exemptions may, however, be granted.
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 company or joint-stock company.

Law on foreign companies’ branches
(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: the managing director of a branch shall reside within
the EEA (European Economic Area) (1).
SE: foreign or Swedish citizens not residing in Sweden,
who wishes to conduct commercial operations in Sweden,
shall appoint and register with the local authority a
resident representative responsible for such activities.
SI: the establishment of branches by foreign companies is
conditioned with the registration of the parent company in
a court register in the country of origin for at least one
year.

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: at least half of the members of the Board or the Managing
Director are resident outside the European Economic Area,
permission is required. Company exemptions may, however, be
granted.
SK: a foreign natural person whose name is to be registered in the
Commercial Register as a person authorised to act on behalf of
the entrepreneur is required to submit a residence permit for the
Slovak Republic.

(1)

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

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

Real estate purchases:
DK: limitations on real estate purchase by non-resident physical and legal
entities. Limitations on agricultural estate purchased by foreign physical and
legal entities.
EL: according to Law No 1892/89, permission from the Minister of Defence is
needed for a citizen to acquire land in areas near borders. According to
administrative practices permission is easily granted for direct investment.
CY: unbound
HU: unbound for the acquisition of State-owned property.
LT: unbound for the acquisition of land by juridical and natural persons.
MT: unbound for the acquisition of real property.
LV: unbound in relation to acquisition of land by juridical persons. Land lease
not exceeding 99 years permitted.
PL: unbound in relation to acquisition of State-owned property, i.e. the
regulations governing the 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
plots, through inter vivos acts (for modes 3 and 4).

Real estate purchases:
AT: the acquisition, purchase as well as rent or lease of real estate
by foreign natural persons and legal persons requires an
authorisation by the competent regional authorities (Länder)
which will consider whether important economic, social or
cultural interests are affected or not.
BG: foreign natural and juridical persons (including 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 rights in 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 Irish land by domestic or
foreign companies or foreign nationals. Where such land is for
industrial use (other than agricultural industry), this requirement
is waived subject to a certificate to this effect from the Minister
for Enterprise and Employment. This law does not apply to land
within the boundaries of cities and towns.

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

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).

CZ: limitations on real estate acquisition by foreign natural and
legal entities. Foreign entities may acquire real property through
establishment of the Czech legal entities or participation in joint
ventures. Acquisition of the land by foreign entities is subject to
authorisation.
HU: unbound for the acquisition of real estate by foreign natural
persons.
LV: unbound in relation to acquisition of land by juridical
persons. Land lease not exceeding 99 years permitted.
PL: acquisition of real estate, direct and indirect, by foreigners and
foreign legal persons requires permission
SK: limitations on real estate acquisition by foreign physical and
legal entities. Foreign entities may acquire real property through
establishment of Slovak legal entities or participation in joint
ventures. Acquisition of the land by foreign entities is subject to
authorisation (for modes 3 and 4).
IT: unbound for purchase of real estate.
FI (Åland Islands): restrictions on the right for natural persons
who do not enjoy regional citizenship in Åland, and for legal
persons, to acquire and hold real property on the Åland Islands
without permission by the competent authorities of the islands.
FI (Åland Islands): restrictions on the right of establishment and
the right to provide services by natural persons who do not enjoy
regional citizenship in Åland, or by any legal person, without
permission by the competent authorities of the Åland Islands.

(*)

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.

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HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

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, authorisation is
tacitly granted unless the Minister of Economic Affairs has, in exceptional
circumstances, exercised its right to postpone the investment.
FR: foreign participation in newly privatised companies may be limited to a
variable amount, determined by the Government of France on a case by case
basis, of the equity offered to the public.
ES: investment in Spain by foreign government and foreign public entities
(which tends to imply, besides economic, also non-economic interests to
entity’s part), directly or through companies or other entities controlled
directly or indirectly by foreign governments, need prior authorisation by the
government.
PT: foreign participation in newly privatised companies may be limited to a
variable amount, determined by the Government of Portugal on a case by case
basis, of the equity offered to the public.

Investments:
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)
(ii)

distribution of weapons, munitions or military equipment;
banking or insurance activities, or participation in banking
or insurance companies;
prospecting, development or extraction of natural
resources from the territorial sea, continental shelf or the
exclusive economic zone;
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.

(iii)

(iv)

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

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

IT: exclusive rights may be granted or maintained to newly-privatised
companies. Voting rights in newly privatised companies may be restricted in
some cases. For a period of five years, the acquisition of large equity stakes of
companies operating in the fields of defence, transport services, telecommu-
nications and energy may be subject to the approval of the Ministry of
Treasury.
FR: for establishing in certain (1) commercial, industrial or artisanal activities, a
specific authorisation is needed if the managing director is not holder of a
permanent residence permit.

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 organising 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 — Lm 500 (with a minimum of 20 %
as paid-up capital); public companies — Lm 20 000 (with a
minimum of 25 % paid-up capital). The non-resident percentage
of share of the equity is to be paid for with funds emanating from
abroad. Companies with non-resident participation must apply
for a permit from the Ministry of Finance to acquire premises
under the appropriate legislation.

(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.

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

CY: the permission of the Central Bank is required for the participation of any
non-resident in a corporate body or partnership in Cyprus. Foreign
participation in all sectors/subsectors included in the Schedule of Commit-
ments 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:
(a)
(b)

provision of services which are new to Cyprus;
promotion of the export orientation of the economy with development
of existing and new markets;
transfer of modern technology, know-how and new management
techniques;
improvement either of the productive structure of the economy or of the
quality of existing products and services;
complementary impact on existing units or activities;
viability of proposed project;
creation of new job opportunities for scientists, qualitative improvement
and training of local staff.

(c)

(d)

(e)
(f)
(g)

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.

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

PL: authorisation of the establishment of a company with foreign equity is
required in the case of:
— establishment of company, purchase or acquiring of shares or stocks in
an existing company; extending of the activity of the company when the
scope of activity embraces at least one of the following areas:
— management of seaports and airports,
— dealing in real estate or acting as intermediary in real estate

transactions,

— supply to defence industry that is not covered by other licensing

requirements,

— wholesale trade in imported consumer goods,
— provision of legal advisory services.

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

— arranging a contract, that includes right to use of state property for more

than six months or decides on acquiring of such property.

SI: for financial services, authorisation is issued by the authorities indicated in
sector specific commitments and according to conditions indicated in sector
specific commitments.
There are no limitations on establishment of a new business establishment
(‘greenfield’ investments).

Subsidies
Eligibility for subsidies from the Community or Member States
may be limited to legal persons established within the territory of
a Member State or a particular geographical 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.

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HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

Exchange regime (1), (2), (3), (4):
(1), (2), (3), (4) BG: payments and transfers abroad require the authorisation of
the Bulgarian National Bank when related to investments and
state or state-guaranteed loans. (5)

(1), (2) SK: in relation to current payments, limitation on acquisition of foreign

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

Exchange regime (6)
(4)

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

(1) CZ: a non-discriminatory system of foreign exchange control is applied consisting of:

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(2)

limitation on acquisition of foreign exchange by resident nationals for personal purposes;
foreign exchange authorisation 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.

(a)
(b)
PL: there is a non-discriminatory system of foreign exchange controls relating to limitations in foreign exchange turnover and to the system of foreign exchange permits (general and individual) among others limitations of capital flows and currency
payments. The following foreign exchange transactions require authorisation:
— 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 foreign currency up to 70 per cent of their labour remuneration; (iv) payments and transfers abroad in foreign currency are to be effected by banks;
(v) unilateral transfers require the permission of BNB; (vi) payments on the territory of the Republic of Bulgaria are to be effected in BGL.
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.

(5)

(6)

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

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.).

Privatisation (1)
(3)

BG: unbound for participation in privatisation through state external
debt bonds and for services sectors and/or service suppliers not subject
to privatisation under the annual privatisation programme.
RO: unbound

(4) Unbound, except for measures concerning the entry into and temporary

stay (2) within a Member State, without requiring compliance with an
economic needs test (3), of the following categories of natural persons
providing services.
the temporary presence, as intra-corporate transferee (4), 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.

(i)

Privatisation
(3)

BG: unbound for participation in privatisation through
investment vouchers or other preferential privatisation
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 non-Community nationals remains
within the competence of each Member State, unless Community
law provides otherwise. The right to practise a regulated
professional service in one Member State does not grant the right
to practise in another Member State.

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 than 100 persons are
employed, the number of intracorporate transferees may, subject to
authorisation, exceed 10 per cent).

(1) RO: 30 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 privatisation process, foreign investors can buy assets and shares of commercial companies. Romanian legal and natural persons have a priority right in this respect. Under privatisation 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 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.

(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.

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HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

persons working in a senior position within a legal person, who

(a)
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 supervisory, professional

or managerial employees,

— 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

(b)

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

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) (a) above,
(b)
within a legal person, who are responsible for setting up in a Member
State a commercial presence of a service provider of Chile when:

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.

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

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

— the service provider has its principal place of business in the

territory of Chile and has no other representative, office,
branch or subsidiary in that Member State.
FR: the managing director of an industrial, commercial or artisanal activity (1),
if not holder of a residence permit, needs a specific authorisation.
IT: access to industrial, commercial and artisanal activities is subject to a
residence permit and specific authorisation to pursue the activity.
(iii) Unbound, except for measures concerning the entry into and temporary
stay within a Member State of the following category of natural persons
without requiring compliance with an economic needs test, except where
indicated for a specific subsector. Access is subject to the following
conditions (2):

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

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

— the natural persons are engaged in the supply of a service on a

temporary basis as employees of a legal person, who has no
commercial presence in any Member State of the European
Community.

— the legal person has obtained a service contract, for a period not

exceeding three months from a final consumer in the Member
State concerned, through an open tendering procedure or any
other procedure which guarantees the bona fide character of the
contract (e.g. advertisement of the availability of the contract)
where this requirement exists or is introduced in the Member State
pursuant to the laws, regulations and requirements of the
Community or its Member States.

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

— the temporary entry and stay within the Member State concerned

shall be for a period of not more than three months in any 12-
month period (six months in the case of EE; 24 months in the case
of NL) or for the duration of the contract, whatever is less.

— the natural person must possess the necessary academic

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

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

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

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

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN
THIS SCHEDULE

— legal services,
— accounting services,
— auditing services,
— taxation advisory services,
— architectural services, urban planning and landscape archi-

tectural services,

— engineering services, integrated engineering services,
— medical, dental and midwives services,
— veterinary services,
— services provided by nurses, physiotherapists and parame-

dical personnel,

— computer and related services,
— research and development services,
— advertising,
— market research and opinion polling,
— management consulting services,
— services related to management consulting,
— technical testing and analysis services,
— related scientific and consulting services,
— advisory and consulting services relating to agriculture,

hunting and forestry,

— advisory and consulting services relating to fishing,
— services relating to mining,
— maintenance and repair of equipment,
— photographic services,
— convention services,
— translation services,
— construction services,
— site investigation work,
— environmental services,
— higher education services,
— adult education services,
— travel agencies and tour operator services,
— tourist guide services,
— entertainment services,
— news agency services,
— services related to the sale of equipment or to the assignment

of a patent.

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II.

1.

A.

(a)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

Professional services

legal advice home-coun-
try law and public inter-
national law (excluding
EC law)
CZ, EE, LV, PL, RO, SI, SK:
CPC 861.
BG: where the service
supplier is a qualified
lawyer (1) (part of
CPC 861)

(1)

EE: unbound for CPC 861 other than CPC 86190.
FR, PT, SI: unbound for drafting of legal documents.
SE: unbound when practising as ‘Advokat’ (i.e. lawyer/solicitor/barrister)
or as an EEA (European Economic Area) lawyer under his or her home-
country corresponding professional title (2).
CY, MT: unbound

(1)

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.
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
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.

FR, PT, SI: unbound for drafting of legal documents.
DK: marketing of legal advice activities is restricted to
lawyers with a Danish licence to practise and law firms
registered in Denmark.
SE: unbound when practising as ‘Advokat’ (i.e. lawyer/
solicitor/barrister) or as an EEA (European Economic Area)
lawyer under his or her home-country corresponding
professional title.
EE: unbound for CPC 861 other than CPC 86190.
AT: foreign legal advisors are required to be members of
their national Bar Association; they may use their
professional title only with reference to the place of
registration in their home country.
CY, MT: unbound
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 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.
EE: none for CPC 86190. Unbound for CPC 861 other
than CPC 86190.

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FR: host-country law and
international law (including EC
law) are opened to the Mem-
bers of the regulated legal and
judicial profession. (3)

(1) BG: consultancy on law does not include: legal representation before 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.

(2) 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.
(3) 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.

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SI: conditions for acceptance into 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.

II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

EE: none for CPC 86190. For CPC 861 other than CPC 86190, commercial
presence is restricted to sole proprietorships or to law firms with limited
liability, in which cases permission is needed from the Bar Association
(Advokatuur). According to the Bar Statute/Advokatuuri pohimäärus) only
Estonian nationals are allowed to establish a lawyer’s office. To 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 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 language, graduated from University of Latvia or from
other university recognised 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 authorisation. Nationality requirement.
SI: commercial presence is restricted to sole proprietorship or to a law firm
with unlimited responsibility (partnership) only. Only lawyers with licence to
practice may be partners. For activities involving national law acceptance into
the Bar Association (‘Odvetniška zbornica Slovenije’) is required. Consent of
the Bar Association is required for the establishment of any law firm.
Conditions for acceptance into the Bar Association for lawyers who are not
Slovenian nationals and have a licence to practice in another Member, have to
have a certificate of knowledge of the Slovenian law and must be proficient in
the Slovenian language. Notaries public are persons performing 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 Lawyers is required.

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

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 practise. Requirement of a
Danish legal examination in order to obtain a Danish
licence to practise.
AT: foreign legal advisors are required to be members of
their national Bar Association; they may use their
professional title only with reference to the place of
registration in their home country.

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

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 law (1) 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 professions (2). 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’, 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
representation in criminal proceedings. Representation in criminal proceedings
permitted only to sworn solicitors. Nationality requirement for sworn solicitors
and sworn notaries. Sworn solicitors and sworn notaries have to be at least 25
years old, having knowledge of Latvian language, graduated form University of
Latvia or from other university recognised 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.

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International law includes also EC law.

(1)
(2) 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.

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

Unbound, except for BE, DE, DK, ES, SE and UK as indicated in the horizontal
section under (iii), subject to the above conditions and the following specific
limitations:
BE, DE, DK, ES, SE and UK: u: university degree and professional qualifications
and three years’ professional experience in the sector.
DE: unbound for activities reserved to ‘Rechtsanwalt’.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.

(b)

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

(1)
(2)

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

(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 authorised according to the law
of their home country) equity participation and shares in the operating
results of any Austrian legal entity may not exceed 25 per cent; this
applies only to non members of the Austrian Professional Body.
CY: access is restricted to natural persons who have obtained authorisation
from the Minister of Finance. Authorisation is subject to economic needs test.
The criteria used are analogous to those for granting permission for foreign
investment (listed in horizontal section), as they apply to this subsector, always
taking into consideration the employment situation in the subsector.
Professional associations (partnerships) among natural persons are permitted.
No body corporate is allowed.

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. Requirement of a Danish legal
examination in order to obtain a Danish licence to practise.
SE: when appearing under the title ‘Advokat’ (lawyer, solicitor/
barrister) membership in Swedish Bar Association is required.
Swedish citizenship and residency are required for such
membership.
(1)

FR, IT, MT, RO, SI: unbound
AT: no representation before competent authorities.
RO: unbound

(2)

(3) DK: foreign accountants may enter into partnerships with
Danish authorised accountants after obtaining permission
from the Danish Commerce and Companies Agency.
RO: unbound

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

LV: the owner of shares or the head of a firm should be qualified as a sworn
auditor in Latvia. Sworn auditors can be persons no younger than 25 years
and: (a) having a high school degree in economics or in other specialities, if an
examination on basic economics is passed; (b) having at least three years’
experience in auditing recognised by the Latvian Association of Sworn
Auditors; (c) who have passed 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:
FR: non-EC professionals may be permitted to provide services, by a
decision of the Minister of Economics, Finance and Budget, in agreement
with the Minister of Foreign Affairs. The requirement of residence cannot
exceed five years.

IT: condition of residency for ‘Ragionieri — Periti commerciali’.
DK: residence requirement unless otherwise provided by the Danish Commerce
and Companies Agency.
AT: at the request of a consumer, accountants may temporarily move into the
territory of Austria in order to supply a specific service. However, as a rule
natural persons supplying accounting services are required to have their
professional centre (commercial presence) in Austria. No representation before
competent authorities.
LV: the owner of shares or the head of a firm should be qualified as a sworn
auditor in Latvia. Sworn auditors can be persons no younger than 25 years
and: (a) having a high school degree in economics or in other specialities, if an
examination on basic economics is passed; (b) having at least three years’
experience in auditing recognised by the Latvian Association of Sworn
Auditors; (c) who 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.

(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.

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

Unbound, except for AT, BE, DE, DK, ES, LU, NL, UK, SE as indicated in the
horizontal section under (iii) and subject to the above conditions and the
following specific limitations:
AT, BE, DE, DK, ES, NL, UK, SE: university degree and professional
qualifications and three years' experience in the sector.
AT: examination before the Austrian professional body. The employer must be
member of the relevant professional body in the home country where such
body exists.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
DE: unbound for activities reserved by law in the ‘Wirtschaftsprüfer’.
LV: the owner of shares or the head of a firm should be qualified as a sworn
auditor in Latvia. Sworn auditors can be persons no younger than 25 years
and: (a) having a high school degree in economics or in other specialities, if an
examination on basic economics is passed; (b) having at least three years’
experience in auditing recognised by the Latvian Association of Sworn
Auditors; (c) who have passed 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.
(1) AT, BE, BG, CY, DE, DK, ES, FR, FI, HU, IT, IE, 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)

(b)

auditing services (*) (1)
(CPC 86211 and 86212
other than accounting
services)

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

(1) AT, BE, BG, DE, DK, ES, FR, FI, IT, IE, 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)

(*)

(1)

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.
SI: according to Slovene law, auditing services are a matter of firms, not natural persons.

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(3) DK: foreign auditors may enter into partnerships with

Danish State authorised accountants after obtaining
permission from the Danish Commerce and Companies
Agency.
SE: residency within the EEA (European Economic Area)
and Swedish exam required (1).
BG, RO: unbound

II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

(3)

BE: 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 Liability company must be
resident in one of the EEA (European Economic Area) countries or an
authorised auditing company.

SE: only auditors approved in the EEA may perform legal auditing services in
certain legal entities, i.e. in all limited companies. Only such persons may be
share owners or form partnership in companies which practice qualified
auditing (for official purpose). EEA exam, work experience and residency are
required for approval.
AT: foreign auditors’ (who must be authorised according to the law of their
home country) equity participation and shares in the operating results of any
Austrian legal entity may not exceed 25 per cent; this applies only to non
members of the Austrian Professional Body.
CY: access is restricted to natural persons who have obtained authorisation
from the Minister of Finance. Authorisation is subject to economic needs test.
The criteria used are analogous to those for granting permission for foreign
investment (listed in horizontal section), as they apply to this subsector, always
taking into consideration the employment situation in the subsector.
Professional associations (partnerships) among natural persons are permitted.
No body corporate is allowed.
CZ: auditing may be provided by natural or juridical persons registered in the
auditors list of the Chamber of Auditors. In case of juridical persons at least 60
per cent of capital share or voting rights are reserved to Czech nationals.

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U
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(1)

Foreign exams and experience giving equivalent competence are recognised.

.

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

LV: the owner of shares or the head of a firm should be qualified as a sworn
auditor in Latvia. Sworn auditors can be persons no younger than 25 years
and: (a) having a high school degree in economics or in other specialities, if an
examination on basic economics is passed; (b) having at least three years’
experience in auditing recognised by the Latvian Association of Sworn
Auditors; (c) who have passed qualification examination and acquired licence
of sworn auditor in accordance with requirements of Latvian Association of
Sworn Auditors; (d) having excellent reputation.
LT: none, except not less than 75 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 (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.

(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 requirement.
IT, PT: residence requirement for individual auditors.
SE: residency within the EEA (European Economic Area)
and Swedish exam required (1).
SI: unbound, except as indicated in the Market Access
column.

(1)

Foreign exams and experience giving equivalent competence are recognised.

.

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

IT: residency requirement for ‘Ragionieri – Periti commerciali’. Audit
companies: administrators and auditors in ‘società di revisione’, other than
those covered by the 8th EEC directive on company law, must fulfil a residency
condition.
FI: at least one of the auditors of a Finnish Liability company must be resident
in one of the EEA (European Economic Area) countries or an authorised
auditing company.
SE: only auditors approved in EEA may perform legal auditing services in
certain legal entities, i.e. in all limited companies. Only such persons may be
share owners or form partnership in companies which practice qualified
auditing (for official 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 three years’
experience in auditing recognised by the Latvian Association of Sworn
Auditors; (c) who 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 threshold of EUR 30 000.
DE: unbound for activities reserved by law in the ‘Wirtschaftsprüfer’.
(1)
(2)

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

(b)

bookkeeping services
(CPC 86220)
BG: excluding tax returns

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

(1)

(2)

FR, IT, MT, RO, SI: unbound
AT: no representation before competent authorities.
RO: unbound

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a
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t
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a
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U
n
o
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i

.

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

(3)

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

LV: the owner of shares or the head of a firm should be qualified as a sworn
auditor in Latvia. Sworn auditors can be persons no younger than 25 years
and: (a) having a high school degree in economics or in other specialities, if an
examination on basic economics is passed; (b) having at least three years’
experience in auditing recognised by the Latvian Association of Sworn
Auditors; (c) who have passed 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:
FR: non-EC professionals may be permitted to provide services, by a
decision of the Minister of Economics, Finance and Budget, in agreement
with the Minister of Foreign Affairs. The requirement of residence cannot
exceed five years.
IT: condition of residency for ‘Ragionieri-Periti commerciali’.
AT: at the request of a consumer, bookkeepers may temporarily move
into the territory of Austria in order to supply a specific service; however,
as a rule, natural persons supplying bookkeeper's services are required to
have their professional centre (commercial presence) in Austria.

(3)

RO: unbound

(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 com-
merciali’.
PT: residence requirement.
RO: unbound

.

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2
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7

E
N

O

f
f
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i
a
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J
o
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n
a
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o
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t
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a
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U
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o
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3
5

II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

LV: the owner of shares or the head of a firm should be qualified as a sworn
auditor in Latvia. Sworn auditors can be persons no younger than 25 years
and: (a) having a high school degree in economics or in other specialities, if an
examination on basic economics is passed; (b) having at least three years’
experience in auditing recognised by the Latvian Association of Sworn
Auditors; (c) who have passed 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 and professional
qualifications and three years’ experience in the sector.
AT: examination before the Austrian professional body. The employer must be
member of the relevant professional body in the home country where such
body exists.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
DE: unbound for activities reserved by law in the ‘Wirtschaftsprüfer’.
(1)

FR: unbound for the drafting of legal documents.
CY: tax agents must be duly authorised by the Minister of Finance.
Authorisation is subject to an economic needs test.
BG, RO: unbound
BG, RO: unbound

(2)

(c)

taxation advisory services
(CPC 863 excluding
representation in court/
tribunals)

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

(1)

(2)

FR: unbound for the drafting of legal documents.
AT: no representation before competent authorities.
BG, RO: unbound
BG, RO: unbound

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a
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t
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E
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a
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U
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o
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.

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

(3)

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.
AT: foreign tax advisors’ (who must be authorised according to the law of
their home country) equity participation and shares in the operating
results of any Austrian legal entity may not exceed 25 per cent; this
applies only to non-members of the Austrian Professional Body.
CY: access is restricted to natural persons who have obtained
authorisation from the Minister of Finance. Authorisation is subject to
economic needs test. The criteria used are analogous to those for
granting permission for foreign investment (listed in horizontal section),
as they apply to this subsector, always taking into consideration the
employment situation in the subsector. Professional associations
(partnerships) among natural persons are permitted. No body corporate
is allowed.
CZ, SK: taxation services may be provided by natural or juridical persons
registered in the list of the Chamber of Tax Consultants or in the
Chamber of Auditors.
BG, RO: unbound

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

(4) Unbound, except as indicated in the horizontal section

and subject to the following specific limitations:
FR: legal advice activities and drafting of legal documents as a main
activity and for the public are reserved to the members of the regulated
legal and judicial professions (1). These activities may also be exercised as
a secondary activity to the principal activity by members of other
regulated professions or by qualified persons.
IT: condition of residency for ‘Ragionieri — Periti commerciali’.
AT: at the request of a consumer tax advisors may temporarily move into
the territory of Austria in order to supply a specific service; however, as a
rule natural persons supplying taxation services are required to have their
professional centre (commercial presence) in Austria.
HU: permanent residency requirement.
BG, RO: unbound

under (i) and (ii) and subject to the following specific
limitations:
BG, RO: unbound
IT, PT: residence requirement.

(1) 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.

.

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

(d)

architectural services
(CPC 8671)

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

(1)

BE, CY, EL, IT, MT, PT, PL: unbound
DE: application of the national rules on fees and
emoluments for all services which are performed from
abroad.
AT: none for pure planning services.

(2) None
(3) None

Unbound, except for AT, BE, DE, DK, ES, LU, NL, UK, SE: where: as indicated in
the horizontal section under (iii) and subject to the following specific
limitations:
AT, BE, DK, ES, NL, UK, SE: university degree and professional qualifications
and three years’ experience in the sector.
AT: examination before the Austrian professional body. The employer must be
member of the relevant professional body in the home country where such
body exists.
DE: unbound, except for consulting services related to foreign tax law, where:
university degree and professional qualifications and three years’ professional
experience in the sector.
(1)

BE, CY, EL, IT, MT, PT, PL, SI: unbound
BG: none, except for the conditions specified in (4) below.

(2)
(3)

BG: none, except for the conditions specified in (4) below.
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 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.
FR: Provision through SEL (anonyme, à responsabilité limitée ou en
commandite par actions) or SCP only.

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t
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a
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U
n
o
n

i

.

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

IT, PT: access is restricted to natural persons. Professional associations (no
incorporation) among natural persons permitted.
CZ: authorisation by the Czech Chamber of Architects is required.
Authorisation by analogous foreign institutions may be recognised. Natural
and juridical persons may provide architectural services only by authorised
architects. Condition of nationality and residence is required, however
exceptions might be considered.
LV: practice of three 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: authorisation by the Slovak Chamber of Architects is required.
Authorisation by analogous foreign institutions may be recognised. Natural
and juridical persons may provide architectural services only by authorised
architects. Condition of nationality and residence is required, however
exceptions might be considered.
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

and subject to the following specific limitations:
BG: access is limited to natural persons subject to recognition of their
technical qualification and accreditation by a professional chamber in the
Republic of Bulgaria. Accreditation is subject to following criteria:
recognised technical qualification in Bulgaria; experience in the field of
construction; projects performed during the last two years; staff and
technical capacity.
EL: condition of nationality.
HU: permanent residency requirement.
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’ working experience in a related field.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
ES: academic and professional qualifications recognised by the national
authorities and licence delivered by the Professional Association. Unbound for
CPC 86713, 86714, 86719.

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following specific
limitations:
BE, DE: use by third-country qualified professionals of the
professional title is only possible on the basis of mutual
recognition agreements or for BE, with special authorisa-
tion by Royal Decree.
IT: residence requirement.
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 conditions:
DE: use by third-country qualified professionals of the profes-
sional 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.

.

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a
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J
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a
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II.

1.

(e)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

engineering services
(all Member States,
except RO: CPC 8672.
RO: only advisory and
consultative engineering
services (CPC 86721)
and engineering design
services for mechanical
and electrical installa-
tions for buildings (CPC
86723))

(1)

(2)
(3)

CY, EL, IT, MT, PT: unbound
BG: none, except for the conditions specified in (4) below.
BG: none, except for the conditions specified in (4) below.
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 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.

(1)

CY, EL, IT, MT, PT: unbound
AT: none for pure planning services
SI: none for pure planning services; the submission of
plans for approval by the competent authorities requires
cooperation with an established supplier of planning
services.

(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
IT, PT: residency requirements.
RO: unbound for (ii)

ES: access is restricted to natural persons.
IT, PT: access is restricted to natural persons. Professional association (no
incorporation) among natural persons permitted.
CZ: authorisation by the Czech Chamber of Authorised Engineers is required.
Authorisation by analogous foreign institutions may be recognised. Natural
and juridical persons may provide engineering services only by authorised
engineers. Condition of nationality and residence.
SK: authorisation by the Slovak Chamber of Authorised Engineers is required.
Authorisation by analogous foreign institutions may be recognised. Natural
and juridical persons may provide engineering services only by authorised
engineers. Condition of nationality and residence.
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

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 in the
Republic of Bulgaria. Accreditation is subject to following criteria:
recognised 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).

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i

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

(f)

integrated engineering
services
(CPC 8673)

(2)

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’
working experience in a related field.
UK: compliance with an economic needs test is required.
HU: permanent residency requirement.
CY, EL, IT, MT, PT, RO: unbound
(1)
BG: none, except for the conditions specified in (4) below.
BG: none, except for the conditions specified in (4) below.
RO: unbound
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 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.

(3)

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

(1)

CY, EL, IT, MT, PT, RO: unbound
AT: none for pure planning services
SI: none for pure planning services; the submission of
plans for approval by the competent authorities requires
cooperation with an established supplier of planning
services.
RO: unbound
RO: unbound

(2)
(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

.

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7

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O

f
f
i
c
i
a
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J
o
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r
n
a
l

o
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t
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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

SK: authorisation by the Slovak Chamber of Authorised Engineers is required.
Authorisation by analogous foreign institutions may be recognised. Natural
and juridical persons may provide engineering services only by authorised
engineers. Condition of citizenship and residence is required.
RO: unbound
(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 in the
Republic of Bulgaria. Accreditation is subject to following criteria:
recognised technical qualification in Bulgaria; experience in the field of
construction; projects performed during the last two years; staff and
technical capacity.
RO: unbound

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’
working experience in a related field.
UK: compliance with an economic-needs test is required.
BE, BG, CY, EL, IT, MT, PT, PL, SI: unbound
(1)
HU, RO: unbound for landscape architectural services.

(2)

BG: unbound
HU, RO: unbound for landscape architectural services.

(g)

urban planning and
landscape architectural
services
(CPC 8674)

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

(1)

(2)

BE, BG, CY, EL, IT, MT, PT, PL, SI: unbound
AT: none for pure planning services.
DE: application of the national rules on fees and
emoluments for all services which are performed from
abroad.
HU, RO: unbound for landscape architectural services.
BG: unbound
HU, RO: unbound for landscape architectural services.

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a
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J
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a
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a
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U
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i

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

(3)

BG: unbound
IT, PT: access is restricted to natural persons. Professional association (no
incorporation) among natural persons permitted.
CZ: authorisation by the Czech Chamber of Architects is required.
Authorisation by analogous foreign institutions may be recognised.
Natural and juridical persons may provide architectural services only by
authorised architects. Condition of nationality and residence is required,
however exceptions might be considered.
HU, RO: unbound for landscape architectural services.
LV: none for urban planning services. For landscape architectural
services, practice of three 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: authorisation by the Slovak Chamber of Architects is required.
Authorisation by analogous foreign institutions may be recognised. Natural
and juridical persons may provide architectural services only by authorised
architects. Condition of nationality and residence is required, however
exceptions might be considered.
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

and subject to the following specific limitations:
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).

(3)

BG: unbound
HU, RO: unbound for landscape architectural services.

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following specific
limitations:
BG: unbound
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 authorisa-
tion by Royal Decree.
IT: residence requirement.
HU: unbound for landscape architectural services.
RO: unbound for landscape architectural services.
Unbound for (ii).

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SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

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

(h) medical, dental and mid-

(1)

wives services
(CPC 9312, 93191 (*)

(2)

all Member States, except CZ, HU, LV, LT, PL, SE, SI: unbound
PL, SE: none
CZ, HU, LV, LT, SI: unbound for midwives services.
CY, FI, MT, RO: unbound
BG, CZ, EE, HU, SI, SK: 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 profes-
sional 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.
PL, SE: none
BG, CY, FI, MT, RO: unbound
CZ, EE, HU, SI, SK: unbound for midwives services

(2)

(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
residence, official recognition of their education and professional
qualification for the provision of the specific medical or dental services,
including requirements related to professional experience. Registration
and authorisation based on economic needs test and consent by a
professional organisation. (1)
DE: access restricted to natural persons only. Economic-needs test for
medical doctors and dentists who are authorised to treat members of
public insurance schemes. The criterion is shortage of doctors and
dentists in the given region.

(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.
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).

(*)
(1)

Indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.
Prices charged for private services are determined by professional organisations and approved by the Minister of Health Care.

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SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

CY, EE, MT, RO: unbound
CZ, SK: access to medical and dental services is restricted to natural persons
only. Authorisation by the Ministry of Health required for foreign natural
persons. Unbound for 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 (anonyme, à responsabilité limitée ou en
commandite par actions) or SCP only.
LV: none for midwives services. For medical and dental services, nationality
requirement. Practice of medical profession by foreigners requires the
permission from local health authority, based on economic needs for medical
doctors and dentists in a given region.
LT: for medical and dental services none, except supply of service is subject to
authorisation which is based on a health services plan established in function
of needs, taking into account the population and already existing medical and
dental services. For 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 required. Conditions for acceptance
into Doctors Association for doctors who are not Slovenian nationals are
licence to practice in another Member and having a good command of the
Slovenian language (1). Unbound for midwives services.

(1)

Establishment in the form of legal persons is subject to authorisation 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.

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SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

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

and subject to the following specific limitations:
AT: unbound, except for midwives
DK: limited authorisation to fulfil a specific function can be given for
maximum 18 months.
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.
CZ, EE, HU, SI, SK: unbound for midwives services.
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, authorised by local health authorities.

PL: nationality requirement. Practice of medical 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 threshold of EUR 30 000.
DE: condition of nationality for doctors and dentists which can be waived on
an exceptional basis in cases of public health interest.

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following specific
limitations:
AT: unbound for doctors and dentists.
DK: residence requirement in order to obtain necessary
individual authorisation from the National Board of Health.
BG, CY, FI, MT, RO: unbound
IT: residence requirement.
CZ, SK: condition of residence for medical and dental
services. Unbound for midwives services.
EE, HU, SI: unbound for midwives services.
LV, PL: foreign medical doctors have limited election rights
within the professional chambers.
LT: foreigners must pass additional qualification exam.

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

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II.

1.

(i)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

veterinary services
(CPC 932)

(1)

(2)

all Member States, except FI, LU, LT, PL, SE, UK: Unbound
FI, LU, LT, PL, SE: none
UK: unbound, except for veterinary laboratory and technical services
supplied to veterinary surgeons, general advice, guidance and informa-
tion e.g.: nutritional, behavioural and pet-care.
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 the conduct of
private professional practice and under the conditions of: authorisation
by the veterinary authorities. Economic needs test. Unbound for all
services related to border veterinary controls, prevention, localisation,
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. Authorisation 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:
CZ, DE, FR, EL, PT, SK: condition of nationality.
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, DK, ES: university degree and professional qualifications and three years’
professional experience in the sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.

(1)

all Member States, except FI, LU, LT, PL, SE, UK: unbound
FI, LU, LT, PL, SE: none
UK: unbound, except for veterinary laboratory and
technical services supplied to veterinary surgeons, general
advice, guidance and information e.g.: nutritional, beha-
vioural and pet-care.
(2)
BG, CY, EE, HU, MT, RO, SI: unbound
(3) AT, CY, EE, HU, MT, RO, SI: unbound

BG: none, except those specified in (3) in the Market Access
column.

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following specific
limitations:
AT, BG, CY, EE, HU, MT, RO, SI: unbound
IT, CZ, SK: residence requirement.
LT: foreigners must pass additional qualification exam.

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

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II.

1.

(j)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

services provided by
nurses, physiotherapists
and paramedical person-
nel
(CPC 93191 (*), except
for AT where the follow-
ing activities of CPC
9319 are covered: nurses,
physiotherapists, occupa-
tional therapists,
logotherapists, dieticians
and nutricians, psycholo-
gists and psychothera-
pists)

(1) Unbound, except for FI, LU, PL and SE: none
(2)
(3)

BG, CY, CZ, EE, HU, MT, RO, SI, SK: unbound
BG, CY, CZ, EE, HU, MT, RO, SI, SK: unbound
ES, PT: nurses — access restricted to natural persons.
IT: nurses — access restricted to natural persons. Professional
associations (no incorporation) among natural persons permitted.
FR: provision through a SEL (anonyme, à responsabilité limitée, ou en
commandite par actions) or SCP only.
AT: access restricted to natural persons only, except for psychologists and
psychotherapists: none
SE: needs test applied to decide the number of private practices to be
subsidised through the public insurance scheme.
LT: access limited to sole proprietorship only. Economic needs test may
be applied.
PL: nationality requirement.

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

and subject to the following specific limitations:
DK: limited authorisation to fulfil a specific function can be given for
maximum 18 months.
PT: condition of nationality.
IT: subject to economic needs test: decision is subject to regional
vacancies and shortages.

AT: natural persons, except nurses, psychologists and psychotherapists may
establish a professional practice in Austria provided that the person concerned
has practised the profession in question at least three years preceding the
setting up of the professional practice in Austria.
LV: access restricted to natural persons only. Economic needs determined by
the total number of nurses in the given region, authorised by local health
authorities.
PL: nationality requirement in the case of midwives and nurses.
BG, CY, CZ, EE, HU, MT, RO, SI, SK: unbound

(1) Unbound, except for FI, LU, PL and SE: none
(2)
(3)

BG, CY, CZ, EE, HU, MT, RO, SI, SK: unbound
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 necessary
individual authorisation from the National Board of Health.
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).

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(*)

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

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II.

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SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

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

Unbound, except for BE, DE, DK, ES, as indicated in the horizontal section
under (iii) and subject to the above conditions and the following specific
limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge, professional qualifications and three years’ profes-
sional experience in the sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
(1) Unbound
(2) AT, BG, CY, CZ, EE, FI, HU, LT, LV, MT, PL, RO, SE, SI, SK: unbound

(3) (1) AT, BG, CY, CZ, EE, FI, HU, LV, LT, MT, PL, RO, SE, SI, SK: unbound
DE, DK, ES, EL, IT (2), LU, NL, PT: access restricted to natural persons
only.
BE, DK, ES, FR, EL, IT, LU, PT: pharmacist degree 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:

AT, BG, CY, CZ, EE, FI, HU, LV, LT, MT, PL, RO, SE, SI, SK: unbound.
FR: condition of nationality. However, within established quotas, access for
third-country nationals is possible provided the service provider holds the
French degree in pharmacy.
DE, EL: condition of nationality.
Unbound, except for BE, DK, ES as indicated in the horizontal section under
(iii) and subject to the following specific limitations:
BE, DK, ES: university degree and professional qualifications and three years’
professional experience in the sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.

(1) Unbound
(2) AT, BG, CY, CZ, EE, FI, HU, LT, LV, MT, PL, RO, SE, SI, SK:

unbound

(3) AT, BG, CY, CZ, EE, FI, HU, LT, MT, PL, RO, SE, SI, SK:

unbound

(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).

(1) 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.

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

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II.

1.

B.

(a)

(b)

(c)

(d)

(e)

SECTOR-SPECIFIC COMMITMENTS

(1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

and subject to the following specific limitations:
RO: unbound for (ii).

(1) None
(2) None
(3) None
(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following specific
limitations:
RO: unbound for (ii).

BUSINESS SERVICES

Computer and related
services

consultancy services
related to the installation
of computer hardware
(CPC 841)
software implementation
services
(CPC 842)
data processing services
(CPC 843)
database services
(CPC 844)
maintenance and repair
(CPC 845)
other computer services
(all Member States,
except BG: CPC 849. BG:
only data preparation
services (CPC 8491))

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SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

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, program-
mers, software document analysts and field engineers where: university degree
and three years professional experience in the sector.
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge, and three years’ professional experience in the
sector.
SE: university degree and three years’ professional experience in the sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
IT: compliance with an economic needs test is required.
EL: unbound, except for computer scientists, systems analysts, programmers,
software document analysts where: university degree and five years'
professional experience in the sector.

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

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II.

1.

C.

(a)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

Research and Develop-
ment services

R&D services on natural
sciences
(all Member States,
except LV: CPC 851. LV:
only experimental devel-
opment services on
chemistry and biology
(CPC 85102))

(2) (3) None, except for CY, CZ, FR, IE, LT, MT, PL, RO, SK: unbound

(1)
(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) and subject
to the following specific limitations:
BE, DE, DK, ES, SE: university degree or equivalent technical qualification
demonstrating knowledge, and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
FR:
— the researchers are in possession of an employment contract from a

research body,

— the work permit is delivered for a period not exceeding nine months

renewable for the duration of the contract,

— compliance with an economic needs test is required,
— the research body must pay a tax to the International Migration Office.
For HU only: personalities of internationally recognised 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, 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).

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II.

1.

(b)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

R&D services on social
sciences and humanities
(CPC 852)

(1)
(2)
(3)

RO: unbound
RO: unbound
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

(1)
(2)
(3)

RO: unbound
RO: unbound
RO: unbound

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

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following specific
limitations:
IT, PT: residence requirement for psychologists.
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:
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 threshold of EUR 30 000.
FR:
— the researchers are in possession of an employment contract from a

research body,

— the work permit is delivered for a period not exceeding nine months

renewable for the duration of the contract,

— compliance with an economic needs test is required,
— the research body must pay a tax to the International Migration Office.
For HU only: personalities of internationally recognised reputation who have
been invited by scientific research institutes for the duration of the invitation.

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SECTOR-SPECIFIC COMMITMENTS

II.

1.

(c)

BUSINESS SERVICES

interdisciplinary R&D
services (CPC 853)

(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 threshold of EUR 30 000.
FR:
— the researchers are in possession of an employment contract from a

research body,

— the work permit is delivered for a period not exceeding nine months

renewable for the duration of the contract,

— compliance with an economic needs test is required,
— the research body must pay a tax to the International Migration Office.
For HU only: personalities of internationally recognised reputation who have
been invited by scientific research institutes for the duration of the invitation.

(1)
(2)
(3)

BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: unbound
BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound
BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound
ES: access through natural persons, partnership or ‘sociedad en
comandita’ only.

(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).

(1)
(2)
(3)

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

D.

(a)

Real estate services (*)

involving own or leased
property
(CPC 821)

(*) 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.

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II.

1.

(b)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

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

and subject to the following limitations:
BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound

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

(1)
(2)
(3)

BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: unbound
BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound
BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound
ES: access is restricted to natural persons.

(1)
(2)
(3)

(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.
BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: unbound
BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound
BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound
DK: authorisation for authorised estate agent may limit the
scope of activity.

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

(4) Unbound, except as indicated in the horizontal section

and subject to the following specific limitations:
BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI: unbound
DK: authorised estate agent: residence requirement unless waived by the
Danish Commerce and Companies Agency. Unauthorised estate agent:
residence requirement unless waived by the Danish Commerce and
Companies Agency.

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: authorised and unauthorised estate agent: Residence
requirement unless waived by the Danish Commerce and
Companies Agency.
IT, PT: residence requirement.

E.

(a)

Rental/leasing services
without operators

relating to ships
(CPC 8310(3)

(1)

(2)

(3)

FR: chartering of all ships is subject to prior notification.
BG, CY, HU, MT, PL, RO: unbound
BG, CY, MT, PL, RO: unbound
FR: chartering of all ships is subject to prior notification.
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.

(1)
(2)
(3)

BG, CY, MT, PL, RO: unbound
BG, CY, MT, PL, RO: unbound
BG, CY, MT, PL, RO: unbound

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

(4) Unbound, except as indicated in the horizontal section

II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

(b)

relating to aircraft
(CPC 83104)

(1)
(2)

(3)

and subject to the following limitations:
BG, CY, MT, PL, RO: unbound
BG, CY, CZ, HU, LV, MT, PL, RO, SK: unbound
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 circum-
stances.
BG, CY, CZ, LV, MT, PL, RO, SK: unbound
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

(c)

(d)

relating to other trans-
port equipment
(CPC 83101, 83102,
83105)

relating to other
machinery and equip-
ment
(CPC 83106, 83107,
83108, 83109)

(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
BG, CY, LV, MT, PL, RO, SI: unbound
BG, CY, LT, LV, MT, PL, RO, SI: unbound

(1)
(2)
(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
BG, CY, CZ, LV, MT, PL, RO, SK: unbound
BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(1)
(2)
(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

under (i) and (ii) and subject to the following limitations:
BG, CY, MT, PL, RO: unbound
BG, CY, CZ, LV, MT, PL, RO, SK: unbound
BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(1)
(2)

(3)

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, LV, MT, PL, RO, SI: unbound
BG, CY, LV, MT, PL, RO, SI: unbound
BG, CY, LT, LV, MT, PL, RO, SI: unbound

(1)
(2)
(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, LV, MT, PL, RO, SK: unbound
BG, CY, CZ, LV, MT, PL, RO, SK: unbound
BG, CY, CZ, LV, MT, PL, RO, SK: unbound

(1)
(2)
(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

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II.

1.

(e)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

other (CPC 832)
EE, LV, LT: including pre-
recorded videocassettes
for use in home enter-
tainment equipment
(CPC 83202)

(1)

(2)

(3)

all Member States, except EE, LV, LT: unbound
EE, LT, LV: none
all Member States, except EE, HU, LV, LT: unbound
EE, HU, LV, LT: none
all Member States, except EE, HU, LV, LT: unbound
EE, HU, LV, LT: none

(1)

(2)

(3)

all Member States, except EE, HU, LV, LT: unbound
EE, HU, LV, LT: none
all Member States, except EE, HU, LV, LT: unbound
EE, HU, LV, LT: none
all Member States, except EE, HU, LV, LT: unbound
EE, HU, LV, LT: none

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

(4) Unbound, except as indicated in the horizontal section

Rental services with operators
rental of vessels with crew
(CPC 7213, 7223)

and subject to the following specific limitations:
all Member States, except for EE, HU, LV, LT: unbound
EE, HU, LV, LT: unbound, except as indicated in the horizontal section.

(1)

(2)

FR: chartering of all ships is subject to prior notification.
AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SK, SI: unbound
FR: chartering of all ships is subject to prior notification.
AT, BG, CY, EE, HU, MT, PL, RO, SE, SI, SK: unbound
FR: chartering of all ships is subject to prior notification.
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)

(3)

and subject to the following conditions:
BG, CY, EE, HU, LT, MT, PL, RO, SE, SI, SK: unbound

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
(3) 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

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

Rental of commercial road
vehicles with operator
(CPC 7124)

(1) AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: unbound
(2) AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: unbound
(3) AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, 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

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

unbound

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

unbound

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

(1) (2) (3) RO: unbound
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

(1) (2) (3) RO: unbound
(4) Unbound, except as indicated in the horizontal section

and subject to the following limitations:
RO: unbound

under (i) and (ii) and subject to the following limitations:
RO: unbound

F.

(a)

Other business services

advertising (all Member
States, except BG, PL, SI:
CPC 871;
BG: CPC 871 excluding
advertising of alcohol,
alcoholic beverages,
medicines, tobacco and
tobacco products;
PL: CPC 871 excluding
advertising of tobacco
products, alcoholic bev-
erages, pharmaceuticals;
SI: CPC 8711 (*) and
8712 (*), excluding direct
mail advertising, outdoor
advertising and excluding
for goods subject to
import authorisation and
excluding pharmaceuti-
cal)

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(*)

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

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

(b) market research and opi-

nion polling
(CPC 864)

(c) management consulting

services
(CPC 865)

Unbound, except for BE, DE, DK, ES, EL, IT, LU, UK, SE as indicated in the
horizontal section under (iii) and subject to the following specific limitations:
BE, DE, DK, ES, IT, UK, SE: relevant qualifications and three years’ professional
experience.
IT, UK: compliance with an economic needs test is required.
EL: relevant qualifications and five years’ professional experience.
(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 technical qualification
demonstrating knowledge and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
(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).

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’ working experience in a related field.
SE: university degree and three years’ professional experience in the sector.
IT, UK: compliance with an economic needs test is required.

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

(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).

(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).

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

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SECTOR-SPECIFIC COMMITMENTS

II.

1.

(d)

(e)

BUSINESS SERVICES

services related to man-
agement consulting
(CPC 866)

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

(2)

(3)

(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) and subject to the following specific limitations:
IT, UK: unbound, except for managers and senior consultants where: university
degree and three years’ professional experience.
EE, LV: unbound, except for professionals where: university degree and five
years’ 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) 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).

(1)

(2)

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

ES: access for chemical analysis through natural persons only.
IT: access for the profession of biologist and chemical analyst through
natural persons only. Professional association (no incorporation) among
natural persons is permitted.
PT: access for the profession of biologist and chemical analyst through
natural persons only.
BG, CY, CZ, MT, PL, RO, SK, SE: unbound

(3)

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

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II.

1.

(f)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

(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

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’
working experience in a related field.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
UK: compliance with an economic needs test is required.
(1)

IT: unbound for activities reserved to agronomist and ‘periti agrari’.
RO: unbound
RO: unbound
ES: access for agronomist and engineers in forestry is restricted to natural
persons.
PT: access for agronomist is restricted to natural persons.

(2)
(3)

advisory and consulting
services relating to agri-
culture, hunting and for-
estry (SE: excluding
hunting)
BG, HU: part of CPC 881
LV, LT, PL: services inci-
dental to agriculture,
hunting and forestry
(CPC 881)

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following specific
limitations:
IT, PT: residence requirements for biologist and chemical
analyst.
CY, CZ, MT, PL, RO, SK: unbound

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

(1)

(2)
(3)

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

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 agronomists.
RO: unbound

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

(g)

advisory and consulting
services relating to fish-
ing
BG: part of CPC 882

(h)

services relating to
mining
BG: services on contract
basis for repair and dis-
mantling of equipment in
oil and gas fields (part of
CPC 883)

Unbound, except for BE, DE, DK and ES as indicated in the horizontal section
under (iii) and subject to the above conditions and the following specific
limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
(1)
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

(2) (3) CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: unbound

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 threshold of EUR 30 000.
(1)
(2)
(3)

BG, RO: unbound
RO: unbound
ES, PT: access for mining engineers is restricted to 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. 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).

(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
RO: unbound
BG, LT, RO: unbound

(1)
(2)
(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

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II.

1.

(i)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

Unbound, except for BE, DE, DK and ES as indicated in the horizontal section
under (iii) and subject to the above conditions and the following specific
limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
FI: the right to seek, claim and exploit a deposit is limited to natural persons
resident within the EEA. Exemptions to the residency-requirement are granted
by the Ministry of Trade and Industry
(1) All Member States, except BG, EE, HU: unbound

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

(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:
All Member States, except BG, EE, HU: unbound
BG, EE, HU: 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 specific
limitations:
All Member States, except BG, EE, HU: unbound
BG, EE, HU: unbound, except as indicated in the horizontal
section.

services incidental to
manufacturing
BG: services on contract
basis for the installation,
repair and maintenance
of factory equipment
(part of CPC 885)
EE: consulting services
relating to manufacturing
(part of CPC 884 + part
of 885 except for 88442)
HU: consulting services
relating to manufacturing
(part of CPC 884 + part
of CPC 885)

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II.

1.

(j)

(k)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

services incidental to
energy distribution
(LV: CPC 887.
HU: only consultancy
services, ex CPC 887.
LT: covers consultancy
services related to the
transmission and distri-
bution on a fee basis of
electricity, gaseous fuels,
steam and hot water to
household, industrial,
commercial and other
users, CPC 887 (1).
SI: Services Incidental to
Energy Distribution —
for gas only (2) — part of
CPC 887)
placement and supply
services of personnel
Executive search services
(CPC 87201)

(1)

(2) (3) All Member States, except HU, LV, LT, SI: unbound
HU, LV, LT, SI: none

(1)

(2) (3) All Member States, except HU, LV, LT, SI: unbound
HU, LV, LT, SI: none

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

and subject to the following specific limitations:
All Member States, except HU, LV, LT, SI: unbound
HU, LT, LV, SI: unbound, except as indicated in the horizontal section

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following specific
limitations:
All Member States, except HU, LV, LT, SI: unbound
HU, LT and SI: unbound, except as indicated in the
horizontal section
LV: none

(1) AT, BG, DE, ES, FI, IE, PT, SE, CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI:

unbound

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

RO, SK, SI: unbound

(2) AT, BG, FI, CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: unbound
(3) AT, BG, DE, FI, PT, CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: unbound

(2) AT, BG, FI, CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI: unbound
(3) AT, BG, DE, FI, PT, CY, CZ, EE, LV, LT, MT, PL, RO, SK, SI:

ES: State monopoly.

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

(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

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(1)
(2)

LV: Service specified constitutes only a part of the total range of activities covered by the CPC concordance.
SI: Public utility exists; concession rights can be granted to the private operators established in the Republic of Slovenia.

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

Placement services
(CPC 87202)

(1) All Member States, except HU: unbound

(1) All Member States, except HU: unbound

HU: none

HU: none

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

DE: subject to a mandate given to the service supplier by the competent
authority. The mandate will be granted in function of the situation and
development of the labour market.
BE, FR, ES, IT: State monopoly.

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

and subject to the following limitations:
AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SK: unbound

Supply services of office sup-
port personnel
(CPC 87203)

(1) AT, BG, DE, FR, IT, IE, NL, PT, RO, SK: unbound
(2) AT, BG, FI, RO, SK: unbound
(3) AT, BG, DE, FI, PT, RO, SK: unbound

IT: State monopoly.

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

(l)

security services
(CPC 87302, 87303,
87304, 87305)

(1)
(2)
(3)

and subject to the following limitations:
AT, BG, FI, RO, SK: unbound
BE, BG, CY, CZ, ES, EE, FR, IT, LV, LT, MT, PT, RO, PL, SI, SK: unbound
BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: unbound
BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: unbound
ES: access through Sociedades Anonimas, Sociedades de Responsabilidad
Limitada, Sociedades Anonimas Laborales and Sociedades Cooperativas
only. Access is subject to prior authorisation. In granting the
authorisation, the Council of Ministers takes into account conditions
such as competence, professional integrity and independence, adequacy
of the protection provided for the security of the population and the
public order.
DK: unbound for airport guard services. Requirement to be a national
legal person. Access is subject to prior authorisation. In granting the
authorisation, the Ministry of Justice takes into account conditions such
as competence, professional integrity and independence, experience and
good reputation of the firm seeking establishment.

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

(1) AT, BG, DE, FR, IT, IE, NL, PT, RO, SK: unbound
(2) AT, BG, FI, RO, SK: unbound
(3) AT, BG, DE, FI, PT, RO, SK: unbound
(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)

(2)
(3)

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

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

(m)

related scientific and
technical consulting ser-
vices (*) (CPC 8675)

(1)

(2)

(3)

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

and subject to the following specific limitations:
DK: unbound for airport guard services. Nationality requirement for
managers.
FR: requirement of nationality for managing directors and directors.
BE: condition of nationality for management personnel.
ES, PT: nationality requirement for specialised personnel.
IT: nationality requirement in order to obtain necessary authorisation for
security guard services and the transport of valuables.
BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: unbound
FR: unbound for exploration services.
BG, RO: unbound
BG, RO: unbound

FR: ‘surveying’: access through a SEL (anonyme, à responsabilité limitée
ou en commandite par actions), SCP, SA and SARL only.
IT: for certain exploration services activities related to mining (minerals,
oil, gas, etc.), exclusive rights may exist.
ES: access to profession of surveyors and geologists through natural
persons only.
PT: access restricted to natural persons.
IT: access to profession of surveyors and geologists through natural
persons only. Professional association (no incorporation) among natural
persons permitted.
BG, RO: unbound

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following specific
limitations:
DK: unbound for airport guard services. Residence
requirement for managers.
BE: residence requirement for management personnel.
IT: residence requirement in order to obtain necessary
authorisation for security guard services and the transport
of valuables.
BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: unbound

(1)

(2)
3)

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

FR: ‘exploration and prospection services’ subject to
authorisation.
BG, RO: unbound

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(*) The service involved excludes operation of mines.

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II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

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

and subject to the following specific limitations:
DE: conditions of nationality for publicly appointed surveyors.
FR: ‘surveying’ — operations relating to the establishment of property
rights and to land law are reserved for EC ‘experts-géomètres’.
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 threshold of EUR 30 000.
DE: conditions of nationality for publicly appointed surveyors.
(1)
(2)
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

BG, RO: unbound
(3) RO: unbound

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.
BG, 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
(3) RO: unbound

(1)
(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 and ES as indicated in the horizontal section
under (iii) and subject to the following specific limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.

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

(n) maintenance and repair

of equipment
(not including maritime
vessels, aircraft or other
transport equipment)
(all Member States,
except BG, EE, LT, LV:
CPC 633, 8861, 8866.
BG: repair services of
personal and household
goods (excluding jewel-
lery) CPC 63301, 63302,
part of 63303, 63304,
63309. EE, LT, LV: 633,
8861-8866)

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SECTOR-SPECIFIC COMMITMENTS

II.

1.

(o)

(p)

BUSINESS SERVICES

building-cleaning services
(CPC 874)

photographic services
(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 and aerial
photography. PL: exclud-
ing aerial photography)

(q)

packaging services
(CPC 876)

(1) 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

(1) 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

(1) All Member States, except BG, EE, HU, LV, LT, PL, RO: unbound, except

(1) All member states, except BG, CZ, HU, LV, LT, PL, RO:

for aerial photography: none
BG, EE, HU, LV, LT, PL: none
RO: unbound
RO: unbound
BG: none, except for the X-ray photo labs that are subject to licensing.
RO: unbound

(2)
(3)

(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) and subject to the following specific limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
(1) 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 aerial photography: none
BG, CZ, HU, LV, LT, PL: none
RO: unbound
RO: unbound
RO: unbound

(2)
(3)
(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).

(1) 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

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

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II.

1.

(r)

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

printing and publishing
(CPC 88442)

(1) (2) BG, RO: unbound
(3)

IT: foreign participation in publishing companies limited to 49 % of
capital or of voting rights.
LT: establishment rights in publishing sector granted only to Lithuanian
incorporated legal persons.
LV: establishment rights in publishing sector granted only to Latvian
incorporated legal persons
PL: nationality requirement for the editor-in-chief of newspapers and
journals.
SK: establishment rights in publishing sector granted only to Slovak
incorporated legal persons.
BG, RO: unbound

(1) (2) BG, RO: unbound
(3)
BG, RO: unbound
(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
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
(1) (2) (3) BG, RO: unbound
(4) Unbound, except as indicated in the horizontal 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) and subject to the following specific limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.

(s)

convention services
(AT: only exhibition
management services)

(t)

other

(1) (2) (3) BG, RO: unbound
(4) Unbound, except as indicated in the horizontal 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).

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(1) (2) BG, RO: unbound
(3) DK: authorisation for authorised 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: authorised public translators and interpreters: resi-
dence 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 and

emoluments for all services which are performed from
abroad.
BG, RO: unbound
BG, RO: unbound
BG, RO: unbound

(2)
(3)
(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
BG, RO: unbound

II.

1.

SECTOR-SPECIFIC COMMITMENTS

BUSINESS SERVICES

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

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

and subject to the following specific limitations:
DK: authorised public translators and interpreters: citizenship condition
unless waived by the Danish Commerce and Companies Agency.
BG, RO: unbound

Unbound, except for BE, DE, DK, ES, EL, IT, IE, UK, SE as indicated in the
horizontal section under (iii) and subject to the following specific limitations:
EL: relevant qualifications and five years’ professional experience.
IT, IE, SE, UK: relevant qualifications and three years’ professional experience.
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge, and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
IT, UK: compliance with an economic needs test is required.
(1)
(2)
(3)
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

BG, RO: unbound
BG, RO: unbound
BG, RO: unbound

and subject to the following limitations:
BG, RO: unbound

Interior design services
(CPC 87907) (*)

(*)

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

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II.

2.

SECTOR-SPECIFIC COMMITMENTS

COMMUNICATION
SERVICES

Postal and courier services (1)
Services relating to the hand-
ling (2) of postal items (3)
according to the following list
of sub-sectors, whether for
domestic or foreign destina-
tions.
Sub-sectors (i), (iv) and (v) may
be excluded when they fall into
the scope of the services which
may be reserved, which is: for
items of correspondence the
price of which is less than five
times the public basic tariff,
provided that they weigh less
than 350 grams (4), plus the
registered mail service used in
the course of judicial or
administrative procedures.

(1) (2) (3) All member states, except BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO,
SK, SI: licensing 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.

(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

Independent national regula-
tory authorities have been
established to ensure compli-
ance with postal regulation and
to deal with conflicts between
commercial partners (public or
private). The right to a Postal
Universal Service is ensured.

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

(4) Unbound, except as indicated in the horizontal section

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: excluding written
correspondence, e.g. letters).

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: excluding written correspondence, e.g. letters)

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(1) 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).
(2) The term ‘handling’ should be taken to include clearance, sorting, transport and delivery.
(3)
(4)

‘Postal item’ refers to items handled by any type of commercial operator, whether public or private.
‘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.

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II.

2.

SECTOR-SPECIFIC COMMITMENTS

COMMUNICATION
SERVICES

(i)

(ii)

(iv)

(iii)

handling of addressed
written communications
on any kind of physical
medium (1), including:
— hybrid mail service,
— direct mail.
handling of addressed
parcels and packages (2);
handling of addressed
press products (3);
handling of items
referred to in (i) to (iii)
above as registered or
insured mail;
express delivery ser-
vices (4) for items referred
to in (i) to (iii) above;
handling of non-
addressed items;
(vii) document exchange (5);
(viii) other services not else-
where specified.

(vi)

(v)

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E.g. letter, postcards.

(1)
(2) Books, catalogues are included hereunder.
(3)
Journals, newspapers and periodicals.
(4)
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.
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.

(5)

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II.

2.

(2)

SECTOR-SPECIFIC COMMITMENTS

COMMUNICATION
SERVICES

Telecommunications ser-
vices

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Telecommunications services are the transport of electro-magnetic signals — sound, data image and any combinations thereof, excluding broadcasting (1). 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 authorised body to the applicant personally and cannot be transferred to a third party. Simple resale of telecommunication services is not permitted.
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.
Natural and juridical persons exercising statistical activity and setting up information systems are to use concepts, nomenclatures and classifications which are compatible with those established by the National
Statistical Institute.

2.

3.

Domestic and international
Domestic and international
services provided using any
network technology, on a
facilities based or resale basis,
for public and non-public use,
in the following market seg-
ments (these correspond to the
following CPC numbers: 7521,
7522, 7523, 7524 (*), 7525,
7526 and 7529 (*), broadcast-
ing is excluded):
ALL SECTORS

BG:

RO:

the installation and usage of telecommunication 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 for technical reasons (numbering capacity,
temporary lack of access points).
*BTC LTD — Bulgarian Telecommunications company LTD.
licenses and permissions are granted only to entities with Romanian
juridical personality established according to Romanian legislation.
Only Romanian Signatories have the right to links with International
Satellite Organizations.

BG: as annexed.
RO: as attached.
Network operations and ser-
vices supply require licences or
permissions issued by the reg-
ulatory authority.
Licensing conditions, for all
subsectors, may provide for the
application of the universal
service principles as defined by
the regulatory authority.

(1) Broadcasting 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

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SECTOR-SPECIFIC COMMITMENTS

COMMUNICATION
SERVICES

voice telephone services
packet-switched data
transmission services
circuit-switched data
transmissions services
telex services
telegraph services
facsimile services
leased circuit services
electronic mail
voice mail
online information and
database retrieval
Electronic Data Inter-
change (EDI)
enhanced/value added
facsimile services, incl.
Store and forward, store
and retrieve
code and protocol con-
version

II.

2.

(a)
(b)

(c)

(d)
(e)
(f)
(g)
(h)
(i)
(j)

(k)

(l)

(m)

(n)

other services: mobile
and personal communi-
cations services and sys-
tems

(1)
(3)

(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 category (ii).

BE: licensing conditions may
address the need to guarantee
universal service, including
through financing, in a trans-
parent, non-discriminatory and
competitively neutral manner
and will not be more burden-
some than necessary.

(1)

(2)

(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,
Electronic Data Interchange: unbound
PL: for telecommunications services provided using cable television and
radio network services: unbound
BG: for electronic mail, voice mail, Electronic Data Interchange (EDI):
unbound
PL: for telecommunications services provided using cable television and
radio network services: unbound
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, online
information and database retrieval 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. Licence for
operation granted is subject to obligations of value-added telecommu-
nication 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).
(2) For paging: unbound, except pan-European paging systems.
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 telecommu-
nication 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 conditions may
address the need to guarantee
universal service, including
through financing, in a trans-
parent, non-discriminatory and
competitively neutral manner
and will not be more burden-
some than necessary.

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II.

2.

SECTOR-SPECIFIC COMMITMENTS

COMMUNICATION
SERVICES

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 under (i) and (ii)

and subject to the following limitations:
All Member States, except BG: unbound
BG: 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 BG: unbound
BG: unbound, except as indicated in the horizontal section.

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

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

BG: none
RO: unbound for public use.

BG: none
RO: unbound for public use.

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

(4) Unbound, except as indicated in the horizontal section

and subject to the following limitations:
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.

under (i) and (ii) and subject to the following limitations:
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.

(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 under (i) and (ii)

(4) Unbound, except as indicated in the horizontal section

and subject to the following limitations:
All Member States, except BG: unbound
BG: unbound, except as indicated in the horizontal section.

under (i) and (ii) and subject to the following limitations:
All Member States, except BG: unbound
BG: unbound, except as indicated in the horizontal section.

VSAT services:
— for public use
— for non-public use

Telecommunications-related
services
Equipment rental services
(CPC 7541)
Equipment sales services
(CPC 7542)
Consulting services
(CPC 7544)

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II.

3.

SECTOR-SPECIFIC COMMITMENTS

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)

(2)

For all Member States, except BG, RO, HU, MT: unbound (*) except for
5111 and 5114: none
BG, RO, HU, MT: unbound
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

(1)

For all Member States, except BG, RO, HU, MT:
unbound (*) except for CPC 5111 and 5114: none
BG, RO, HU, MT: unbound

(2) HU, MT: unbound

RO: unbound for CPC 511, 515, 518.

(3) HU, MT: unbound

(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 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.
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: recognised technical
qualification in Bulgaria; experience in the field of construction; projects
performed during the last two years.
HU, MT: unbound
RO: unbound for (ii).

(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).

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

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II.

3.

SECTOR-SPECIFIC COMMITMENTS

CONSTRUCTION AND
RELATED
ENGINEERING
SERVICES

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 demon-
strating knowledge, and three years’ professional experience in the sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
FR: unbound, except for measures concerning the temporary entry of
technicians under the following conditions:
— the technician is an employee of a legal person within the territory of

Chile and is transferred to a commercial presence in FR which has a
contract with that legal person,

— the work permit is delivered for a period not exceeding six months,
— the technician presents a work certificate from the commercial presence

in FR and a letter from the legal person within the territory of Chile
demonstrating its agreement to the transfer,

— compliance with an economic needs test is required,
— the commercial presence body must pay a tax to the International

Migration Office.

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

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

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II.

4.

A.

SECTOR-SPECIFIC COMMITMENTS

DISTRIBUTION
SERVICES (1)

Commission agents’ ser-
vices (all Member States,
except BG, RO: CPC 621,
6111, 6113, 6121.
BG (2): part of CPC
62113 and 62114,
62115, 62116. RO: CPC
621)

(1)

FR: unbound for traders and brokers working in market of national
interest.
BG, MT: unbound

(1)

BG: unbound
FR: unbound for traders and brokers working in market of
national interest.

(2) MT: unbound
(3) MT: unbound
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

(2) MT: unbound
(3) MT: unbound
(4) Unbound, except as indicated in the horizontal section

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).

under (i) and (ii) and subject to the following specific
limitations:
MT: unbound
IT: residence requirement.
RO: unbound for (ii).

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(1)

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.

(2) BG: the specific commitments do not include commission agents’ services supplied at commodity exchange markets operated on a permanent basis.

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II.

4.

SECTOR-SPECIFIC COMMITMENTS

DISTRIBUTION
SERVICES

B. Wholesale trade ser-

vices (1)
(all Member States
excluding PL: CPC 622,
61111, 6113, 6121. PL:
CPC 622 excluding
62226, 62228, 62251,
62252)

(1) (2) 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) (3) BG: Licensing for specialised 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 authorised according to the needs of the
population and within established quotas.
PL: Licensing of establishment of companies in the area of wholesale
trade in imported consumer goods.
MT: unbound

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

and subject to the following specific limitations:
MT: unbound
FR: condition of nationality for wholesale of pharmaceuticals.
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
BG, MT: unbound

(3)
(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).

(1) BG: the specific commitments do not include wholesale trade services supplied at commodity exchange markets operated on a permanent basis.
(2)
(3)

Excluding tobacco in ES, IT.
Excluding tobacco in ES, IT, FR.

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SECTOR-SPECIFIC COMMITMENTS

II.

4.

C.

DISTRIBUTION
SERVICES

Retailing services (1)
(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
63107 and 63108; CPC
63211; CPC 6322; CPC
6323; CPC 6324; part of
CPC 63292, 63297)

(1)

BG, MT: unbound
RO: unbound, except for CPC 631 + 632: none

(2) 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

RO: unbound, except for CPC 631+ 632: none

(3) (2) (3) BE, DK, FR, IT, PT: economic needs test on department stores applied

on a national treatment basis.
BG: licensing for specialised 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 sale (4)
MT: unbound

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

and subject to the following specific limitations:
MT: unbound
FR: condition of nationality for tobacconists (i.e. buraliste).
RO: unbound for (ii).

(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).

(2) (3) MT, RO: unbound

(1)
(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
MT, RO: unbound

D.

Franchising
(CPC 8929)

(1) MT, RO: unbound

BG: access is granted to juridical persons only.

(2) MT, RO: unbound
(3)
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

BG, MT, RO: unbound

and subject to the following limitations:
MT, RO: unbound

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(1) The coverage for EE, LT and LV includes CPC 633, 6111, 61221, 63234. Excluding CPC 613 in LT. Excluding alcoholic beverages in FI, SE. 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.

(2) 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 traffic conditions and creation of new employment.
(3)
(4)

Excluding tobacco in ES, FR and IT. Excluding alcoholic beverages in IE.
Sales on a permanent basis from a fixed point of sale or manufacturing facilities are not affected by these rules.

.

.

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II.

5.

A.

SECTOR-SPECIFIC COMMITMENTS

PRIVATELY-FUNDED
EDUCATION SERVICES

Primary education ser-
vices (all Member States,
except EE: CPC 921. EE:
compulsory primary
education services)

(1)

(2)
(3)

FR: condition of nationality. However, third-country nationals may
obtain authorisation 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
BG: access is granted to privately funded primary schools constituted as
juridical persons upon authorisation 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 authorisation from competent
authorities to establish and direct an education institution, and to teach.
Condition of ensuring quality and level of education and suitability of
school facilities.
HU: establishment of schools is subject to licence from the local
authorities.
SK: foreign nationals may obtain authorisation from competent
authorities to establish and direct an education institution, and to teach
subject to complying with qualification and material requirements on
establishment of such an institution.

(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 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 authorisation from competent authorities to establish and direct
an education institution, and to teach.

(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 residence,
recognition of their education and professional qualifica-
tion.

.

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7

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

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e
a
n

U
n
o
n

i

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II.

5.

B.

SECTOR-SPECIFIC COMMITMENTS

PRIVATELY-FUNDED
EDUCATION SERVICES

Secondary education ser-
vices
(all Member States,
except EE: CPC 922. EE:
compulsory and non
compulsory secondary
education services. LV:
excluding CPC 9224)

(1)

(2)
(3)

BG, CY, FI, MT, RO, SE: unbound
FR: condition of nationality. However, third-country nationals may
obtain authorisation from competent authorities to establish and direct
an education institution, and to teach.
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 authorisation 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 authorisation from competent
authorities to establish and direct an education institution, and to teach.
Condition of ensuring quality and level of education and suitability of
school facilities.
HU: establishment of schools is subject to licence from the local
authorities.
SK: foreign nationals may obtain authorisation from competent
authorities to establish and direct an education institution, and to teach
subject to complying with qualification and material requirements on
establishment of such an institution.

(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.

(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
BG: condition of Bulgarian citizenship. Foreign citizens
may teach on the conditions of permanent residence,
recognition of their education and professional qualifica-
tion.

(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: unbound
BG: unbound, except as indicated in the horizontal section and in (3)
above.
FR: condition of nationality. However, third-country nationals may
obtain authorisation from competent authorities to establish and direct
an education institution, and to teach.

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f
i
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i
a
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J
o
u
r
n
a
l

o
f

t
h
e

E
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o
p
e
a
n

U
n
o
n

i

.

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II.

5.

C.

SECTOR-SPECIFIC COMMITMENTS

PRIVATELY-FUNDED
EDUCATION SERVICES

Higher education services
(all Member States,
except CZ and SK: CPC
923. CZ and SK: only
CPC 92310)

(1)

FR: condition of nationality. However, third-country nationals can have
authorisation from competent authorities to establish and direct an
education institution, and to teach.
AT, BG, CY, FI, MT, RO, SE: unbound
(2) AT, BG, CY, FI, MT, RO, SE: unbound
(3)

ES, IT: needs test for opening of private universities authorised to issue
recognised diplomas or degrees.
AT, BG, CY, FI, MT, RO, SE: unbound
EL: unbound for education institutions granting recognised State
diplomas.
CZ: foreign nationals may obtain authorisation from competent
authorities to establish and direct an education institution, and to teach.
Condition of ensuring quality and level of education and suitability of
school facilities.
HU: establishment of schools is subject to licence from the central
authorities.
SK: foreign nationals may obtain authorisation from competent
authorities to establish and direct an education institution, and to teach
subject to complying with qualification and material requirements on
establishment of such an institution.

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

and subject to the following specific limitations:
AT, BG, CY, FI, MT, RO, SE: unbound
FR: condition of nationality. However, third-country nationals may
obtain authorisation from competent authorities to establish and direct
an education institution, and to teach.

.

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(1) AT, BG, CY, FI, MT, RO, SE: unbound
(2) AT, BG, CY, FI, MT, RO, SE: unbound
(3) 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

E
N

O

f
f
i
c
i
a
l

J
o
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r
n
a
l

o
f

t
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e

E
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o
p
e
a
n

U
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o
n

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II.

5.

SECTOR-SPECIFIC COMMITMENTS

PRIVATELY-FUNDED
EDUCATION SERVICES

Unbound, except for BE, DE, DK, ES, FR and LU concerning the temporary
entry of professors where: as indicated in the horizontal section under (iii) and
subject to the following specific limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge, and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
FR:
— the professors have obtained an employment contract from a university

or other higher education institution,

— the work permit is delivered for a period not exceeding nine months

renewable for the duration of the contract,

— compliance with an economic needs test is required unless those

professors are designated directly by the Minister in charge of higher
education,

— the recruiting institution must pay a tax to the International Migration

Office.

For HU only: personalities of internationally recognised reputation who have
been invited by higher education institutions for the duration of the invitation.
(1)
(3)

(2) CY, FI, MT, RO, SE: unbound
CZ: foreign nationals may obtain authorisation from competent
authorities to establish and direct an education institution, and to teach.
Condition of ensuring quality and level of education and suitability of
school facilities.
HU: establishment of schools is subject to licence from the local (or in
case of high-schools from the central) authorities.
SK: foreign nationals may obtain authorisation from competent
authorities to establish and direct an education institution, and to teach
subject to complying with qualification and material requirements on
establishment of such an institution.
CY, FI, MT, 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

D.

Adult education services
(CPC 924; for AT CPC
9240 except education
services for adults by
means of radio or televi-
sion broadcasting. For EE:
it also covers other adult
education services not
provided by the State)

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

(1)
(3)

(2) CY, FI, MT, RO, SE: unbound
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

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a
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J
o
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a
l

o
f

t
h
e

E
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o
p
e
a
n

U
n
o
n

i

.

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7

II.

5.

SECTOR-SPECIFIC COMMITMENTS

PRIVATELY-FUNDED
EDUCATION SERVICES

Unbound, except for BE, DE, DK, ES as indicated in the horizontal section
under (iii) and subject to the above conditions following specific limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.

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

.

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N

O

f
f
i
c
i
a
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J
o
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n
a
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o
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t
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II.

6.

SECTOR-SPECIFIC COMMITMENTS

ENVIRONMENTAL
SERVICES (1), (2)

BG: the commitments do not
include environmental services
supplied in the exercise of
governmental authority (3)
SE: the offer does not include
public works functions whether
owned and operated by muni-
cipalities, State or federal gov-
ernments or contracted out by
these governments
A. Water for human use and
waste water management
Water collection, purifi-
cation and distribution
services through mains,
except steam and hot
water.

Waste water services
(all Member States, except BG:
CPC 9401, part of 18000. BG:
CPC 9401)

(1) Unbound (*).
(2) None, except BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SI, SK: unbound
(3) None, except AT, BG, DE, UK, CY, CZ, EE, HU, LV, LT, MT, PL, SI, SK:

unbound

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

and subject to the following limitations:
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.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
(1) All Member States, except EE, LT, LV: unbound

EE, LT, LV: none
(2) (3) HU, RO: unbound.
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

and subject to the following limitations:
HU, RO: unbound

(1) Unbound (*).
(2) None, except BG, CY, CZ, EE, HU, LV, LT, 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

(4) Unbound, except as indicated in the horizontal 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).

(1) All Member States, except EE, LT, LV: unbound

EE, LT, LV: none

(2) (3) HU, RO: unbound
(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
HU, RO: unbound

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t
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U
n
o
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i

(1) 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).
(2) 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.
(3) BG: these are regulatory, administrative and control services by government and municipal bodies related to environmental issues.
(*) A commitment on this mode of supply is not feasible.

.

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II.

6.

SECTOR-SPECIFIC COMMITMENTS

ENVIRONMENTAL
SERVICES,

B.

Solid/hazardous waste
management (CPC 9402,
940(3)

C.

Protection of ambient air
and climate
(all Member States,
except BG: CPC 9404.
BG: monitoring services
of exhaust gases (part of
CPC 9404)

Unbound, except for BE, DE, DK, ES as indicated in the horizontal section
under (iii) and subject to the following specific limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
(1) All Member States, except EE, HU: unbound

EE, HU: none
(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 following specific limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge and three years' professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
(1) All Member States, except EE, LT, PL, RO: unbound

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

(1) All Member States, except EE, HU: unbound

EE, HU: none
(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).

(1) All Member States, except EE, LT, PL, RO: unbound

EE, LT, PL, RO: none

EE, LT, PL, RO: none

(2) None
(3)

SE: government-owned monopoly for control services of exhaust gas
from cars and trucks. Such services must be offered on a non-profit
basis.

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

and subject to the following limitations:
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 threshold of EUR 30 000.

(2) None
(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).

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

.

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6
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7

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
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II.

6.

D.

E.

SECTOR-SPECIFIC COMMITMENTS

ENVIRONMENTAL
SERVICES,

Remediation and clean
up of soil and waters
(part of CPC 94060)

Noise and vibration
abatement (all Member
States, except BG: CPC
9405. BG: noise pollu-
tion monitoring services
of exhaust gases (part of
CPC 9405))

(1) All Member States, except EE, RO: unbound

(1) All Member States, except EE, RO: unbound

EE, RO: none
(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 as indicated in the horizontal section
under (iii) and subject to the following specific limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
(1) All Member States, except EE, LT, PL, RO: unbound

EE, LT, PL, RO: none
(3) None, except for CY, CZ, HU, SK, SI, UK: 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.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.

EE, RO: none
(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 as indicated in the
horizontal section under (iii).

(1) All Member States, except EE, LT, PL, RO: unbound

EE, LT, PL, RO: none
(2)
(3) None, except for CY, CZ, HU, SK, SI, UK: unbound
(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
HU: unbound
RO: unbound for (ii).

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

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J
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t
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E
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e
a
n

U
n
o
n

i

.

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II.

6.

F.

SECTOR-SPECIFIC COMMITMENTS

ENVIRONMENTAL
SERVICES,

All Member States,
except BG: protection of
biodiversity and land-
scape nature and land-
scape protection services

(CPC 9406)

(1) All Member States, except EE, RO: unbound

(1) All Member States, except EE, RO: unbound

EE, RO: none

(2) (3) HU: unbound

EE, RO: none

(2) (3) HU: 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:

HU: unbound

RO: unbound for (ii).

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:

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

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

BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
(1) All Member States, except EE, PL, RO: unbound

EE, PL, RO: none

(2) (3) BG, HU: unbound

G.

Other environmental and
ancillary services (part of
CPC 94090)

(1) All Member States, except EE, PL, RO: unbound

EE, PL, RO: none

(2) (3) BG, HU: 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, HU: unbound

RO: unbound for (ii).

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:

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

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

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

.

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N

O

f
f
i
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i
a
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J
o
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n
a
l

o
f

t
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II.

7.

A.

SECTOR-SPECIFIC COMMITMENTS

HEALTH SERVICES AND
SOCIAL SERVICES

Hospital services
(all Member States,
except LV, PL and SI: CPC
9311.
LV, PL and SI: only Pri-
vate hospital and sana-
torium services — CPC
9311)

(1) All Member States, except HU: unbound

(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 basis (1).
PL: the head of the health facility, or his deputy, should meet
qualifications of medical doctor. All the limitations pertaining to medical,
and dental services, as well as services of midwives and nurses, are
applicable.
LV: the head of the health facility, or his deputy, should be qualified as a
medical doctor. All the limitations pertaining to medical, and dental
services, as well as services of midwives and nurses, are applicable.
Private hospital services need authorisation by local health authorities.
The number of beds and use of heavy medical equipment is based on the
needs of population, age scale and death rate.
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 of the health facility, or his deputy, should be qualified as a
medical doctor. All the limitations pertaining to medical, and dental
services, as well as services of midwives and nurses, are applicable.
PL: the head of the health facility, or his deputy, should meet
qualifications of medical doctor. All the limitations pertaining to medical,
and dental services, as well as services of midwives and nurses, are
applicable

(2)
(3)

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.
LT: none, except foreign private establishment and their
consumers may not be entitled to receive financial support
from public resources, including usage of public medical
insurance funds.

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
BG, CZ, MT, FI, RO, SE, SK: unbound

(1) 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.

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SECTOR-SPECIFIC COMMITMENTS

II.

7.

B.

C.

HEALTH SERVICES AND
SOCIAL SERVICES

Other human health ser-
vices (CPC 9319. EE: CPC
9319 other than 93191)

Social services, convales-
cent and rest houses,
old people’s homes

BG: only privately funded
social services (part of
CPC 933)

D.

Other (health-related ser-
vices)

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(1) All Member States, except HU: unbound

(1) All Member States, except HU: unbound

HU: none

HU: none

(2)

(3) Unbound, except for AT, EE, HU, SI: 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).

(4) Unbound, except AT, EE, HU, SI: unbound, except as
indicated in the horizontal section under (i) and (ii).

(1) Unbound

(1) Unbound

(2)

(3)

CZ, HU, FI, MT, PL, RO, SI, SK, SE: unbound

CZ, HU, FI, MT, PL, RO, SI, SK, SE: unbound

(2)

(3)

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 limitations:

(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

CZ, HU, FI, MT, PL, RO, SI, SK, SE: unbound

(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).

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II.

8.

A.

SECTOR-SPECIFIC COMMITMENTS

TOURISM AND TRAVEL
RELATED SERVICES

Hotels, restaurants and
catering
(all Member States,
except BG, PL: (CPC 641,
642, 643 (excluding
catering in transport ser-
vices sector)
BG: except for alcoholic
beverages serving ser-
vices for consumption on
the premises: CPC 641,
part of 642, part of 643.
PL: CPC 641, 642)

(1) All Member States, except BG, RO: unbound, except for catering: none

BG, RO: unbound (*).

(2) None
(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 guide services is to be
effected through authorised foreign persons.
IT: local economic needs test on opening of new bars, cafés and
restaurants.

(1) All Member States, except BG, RO: unbound, except for

catering: none
BG, RO: unbound (*).

(2) None
(3) None

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

(4) Unbound, except as indicated in the horizontal section

and subject to the following limitations:
RO: unbound for (ii).

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).

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

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II.

8.

B.

SECTOR-SPECIFIC COMMITMENTS

TOURISM AND TRAVEL
RELATED SERVICES

Travel agencies and tour
operators services
(including tour man-
agers)
(CPC 7471)

(1)

BG: tourist service licence issued by the State Agency on Tourism is
required.
HU: unbound
PL: commercial presence required.

(2) None
(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 guide services is to be
effected through authorised foreign persons.
PT: requirement of constitution of a commercial company having its
corporate base in Portugal.
IT: economic needs test.
FI: 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):
AT, FI, IT, IE, SE: unbound, except for tour managers (persons whose function
is to accompany a tour group of a minimum of 10 persons, without acting as
guides in specific locations) where for AT, IT, IE, SE: professional certificate and
three years’ professional experience.
BE, DE, DK, ES: university degree or equivalent technical qualification and three
years’ professional experience.
IT: compliance with an economic needs test is required.

(1)

BG: none, except as specified in the Market access column.
PL: commercial presence required.

(2) None
(3) 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).

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II.

8.

C.

SECTOR-SPECIFIC COMMITMENTS

TOURISM AND TRAVEL
RELATED SERVICES

Tourist guides services
(CPC 7472)

(1)

(2)

(3)

BG, CY, HU, IT, LT, MT, PT, PL, SI: unbound

BG, CY, HU, LT, MT, PL, SI: unbound

BG, CY, HU, LT, MT, PL, SI: unbound

(1)

(2)

(3)

BG, CY, HU, LT, MT, PL, SI: unbound

BG, CY, HU, LT, MT, PL, SI: unbound

BG, CY, HU, LT, MT, PL, SI: unbound

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

and subject to the following specific limitations:

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:

ES, IT: the right to exercise the profession is reserved for the local
organisations of tourist guides.

EL, ES, IT, PT: access to the activity is subject to condition of nationality.

RO: unbound for (ii)

BG, CY, HU, LT, MT, PL, SI: unbound

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 demon-
strating knowledge and three years' professional experience in the sector.

SE: professional certificate, relevant qualifications and three years’ professional
experience.

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

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

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(1) All Member States, except HU: unbound

(2)
(3)

HU: none
CY, CZ, EE, FI, LT, LV, PL, RO, SI, SK: unbound
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.
LT: none, except:
(a)

as indicated under market access (also exception
indicated in Part I regarding prohibition of foreign
investments to lotteries); and
unbound for subsidies as regards cinema operation
theatre (CPC 96199**).

(b)

(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

II.

9.

A.

SECTOR-SPECIFIC COMMITMENTS

RECREATIONAL,
CULTURAL AND
SPORTING SERVICES
(OTHER THAN
AUDIOVISUAL
SERVICES)

Entertainment services
(all Member States,
except BG: (including
theatre, live bands and
circus services)
(CPC 9619) BG: CPC
96191, 96192, 96193

(1) Unbound
(2)
(3)

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 to establish and maintain gambling houses,
to organise gambling games (1).

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

and subject to the following specific limitations:
CY, CZ, EE, FI, LT, LV, PL, RO, SI, SK: unbound
IT: economic needs test.

(1)

Law on Enterprises; supplement 1995.

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II.

9.

SECTOR-SPECIFIC COMMITMENTS

RECREATIONAL,
CULTURAL AND
SPORTING SERVICES
(OTHER THAN
AUDIOVISUAL
SERVICES)

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).

Unbound, except for AT, BE, DE, DK, ES and FR concerning the temporary
entry of artists 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 demon-
strating knowledge, and three years’ professional experience in the sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
AT, ES: access is limited to persons whose main professional activity is in the
field of fine arts, deriving the major part of their income from that activity.
Such persons shall not exercise any other commercial activity in Austria.
FR:
— the artists have obtained an employment contract from an authorised

entertainment enterprise,

— the work permit is delivered for a period not exceeding nine months

renewable for a duration of three months,

— compliance with an economic needs test is required,
— the entertainment enterprise must pay a tax to the International

B.

News and press agency
services
(CPC 962)

Migration Office.
BG, RO: unbound

(1)

(1)

BG, RO: unbound

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II.

9.

SECTOR-SPECIFIC COMMITMENTS

RECREATIONAL,
CULTURAL AND
SPORTING SERVICES
(OTHER THAN
AUDIOVISUAL
SERVICES)

(2)
(3)

BG, RO: unbound
FR: condition of nationality for administrators of Agence France Press.
(other restrictions lifted if reciprocity granted)
IT: 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.
SK: foreign suppliers of news and press agency services must be
accredited at the Ministry of Foreign Affairs of the Slovak Republic. The
official press agency of the Slovak Republic (TASR) is subject of State
financing.

(4) Unbound, except as indicated in the horizontal section under (i) and (ii).
Unbound, except for BE, DE, DK, ES as indicated in the horizontal section
under (iii) and subject to the above conditions following specific limitations:
BE, DE, DK, ES: university degree or equivalent technical qualification
demonstrating knowledge, and three years’ professional experience in the
sector.
BE: economic needs test is required if the gross annual salary of the natural
person is below the threshold of EUR 30 000.
(1) Unbound, except in AT: none
(2) Unbound, except in AT, EE: none
(3) Unbound, except in AT, LT:

AT: none
LT: licenses for researching, reservation and restoration of the immovable
cultural values, for preparation of the conditions, programmes and
projects of such works, for preservation and restoration of movable
cultural values are necessary.

(4) Unbound, except in AT, EE: unbound, except as indicated in the

horizontal section under (i) and (ii).

C.

Libraries, archives,
museums and other cul-
tural services (CPC 963)

BG, RO: unbound
BG, HU, RO: unbound

(2)
(3)
(4) Unbound, except as indicated in the horizontal 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).

(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).

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II.

9.

D.

SECTOR-SPECIFIC COMMITMENTS

RECREATIONAL,
CULTURAL AND
SPORTING SERVICES
(OTHER THAN
AUDIOVISUAL
SERVICES)

Sporting and other
recreational services
other than gambling and
betting services
(CPC 9641, 96491. AT:
ski school services and
mountain guide services
are not covered)

BG, MT, RO: unbound
BG, MT, RO: unbound
BT, MT, RO: unbound

(1)
(2)
(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.

(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.

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
BG, MT, RO: unbound

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II.

SECTOR-SPECIFIC COMMITMENTS

10. TRANSPORT
SERVICES (1)

A. Maritime transport ser-

vices

(see additional definitions after the transport section)

International transport (freight
and passengers) CPC 7211 and
7212 less cabotage transport

(1)

(a)
(b)

liner shipping: none, except BG, RO: unbound
bulk, tramp, and other international shipping, including passenger
transportation; none, except BG, RO: unbound

BG, RO: unbound
(a)

(2)
(3)

(4)

(b)

(a)
(b)

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
other forms of commercial presence for the supply of international
maritime transport services (as defined below under Definitions
concerning maritime transport): none, except BG, RO: unbound
ships’ crews: unbound
key personnel employed in relation 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

(1)

(2)
(3)

(4)

(a) mode 1 (a) liner trade: none, other than the

See footnote (2)

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
BG, RO: unbound

(b)
BG, RO: unbound
(a)

(b)
(a)

unbound for all Member States, except LV and MT:
none
BG, RO: unbound
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 auxiliary services
Maritime cargo handling ser-
vices

(1) Unbound (*)
(2) (3) (**) BG, MT, RO: unbound
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

(1) Unbound (*)
(2) (3) BG, MT, RO: unbound
(4) Unbound, except as indicated in the horizontal section

and subject to the following limitations:
BG, MT, RO: unbound

under (i) and (ii) and subject to the following limitations:
BG, MT, RO: unbound

(1) BG: the transportation (including 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 same applies also to all services relating to such transportation.

(2) 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.

(*) 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.

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II.

SECTOR-SPECIFIC COMMITMENTS

10. TRANSPORT SERVICES

Storage and warehousing ser-
vices CPC 742 (as amended)

Customs clearance services (1)

Container station and depot
services (2)

Maritime agency services (3)

(1) Unbound (*).
(2) (3) (**) BG, MT, RO: unbound
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

(1) Unbound (*).
(2) (3) (**) BG, MT, RO: unbound
(4) Unbound, except as indicated in the horizontal section

and subject to the following limitations:
BG, MT, RO: unbound

under (i) and (ii) and subject to the following limitations:
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)

(1) Unbound (*).
(2) (3) (**) BG, MT, RO: unbound
(4) Unbound, except as indicated in the horizontal section

and subject to the following limitations:
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

under (i) and (ii) and subject to the following limitations:
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

(1) Unbound (*).
(2) (3) (**) BG, MT, RO: unbound
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

(1) Unbound (*).
(2) (3) (**) BG, MT, RO: unbound
(4) Unbound, except as indicated in the horizontal section

and subject to the following limitations:
BG, MT, RO: unbound

under (i) and (ii) and subject to the following limitations:
BG, MT, RO: unbound

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(*) 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.
(1)

‘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.
‘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.
‘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,

(2)
(3)

and provision of business information,

— acting on behalf of the companies organising the call of the ship or taking over cargoes when required.

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II.

SECTOR-SPECIFIC COMMITMENTS

10. TRANSPORT SERVICES

(Maritime) freight forwarding
services (1)

(d) maintenance and repair
of vessels, except for EE,
LV and SI.
EE and LV: CPC 8868.
SI: CPC 8868**

(1) Unbound (*).
(2) (3) (**) BG, MT, RO: unbound
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

(1) Unbound (*).
(2) (3) BG, MT, RO: unbound
(4) Unbound, except as indicated in the horizontal section

and subject to the following limitations:
BG, MT, RO: unbound

under (i) and (ii) and subject to the following limitations:
BG, MT, RO: unbound

(1) All Member States, except EE, HU and LV: unbound

(1) All Member States, except EE, HU and LV: unbound

EE, HU and LV: none

EE, HU and LV: none

(2) All Member States, except EE, HU, LV and SI: unbound

(2) 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: unbound

(3) All Member States, except EE, HU, LV and SI: unbound

EE, HU, LV and SI: none

EE, HU, LV and SI: none

(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, 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

(1)

‘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.

(*) 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.

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10. TRANSPORT SERVICES

B.

Internal waterways trans-
port
(b)

(c)

(f)

freight transporta-
tion
rental of vessels
with crew
supporting services
for internal water-
way transport

(d) maintenance and repair

of vessels

(1) (3) None, other than measures based upon existing or future agreements on
access to inland waterways (incl. agreements following the Rhine-Main-
Danube link), which reserve some traffic rights for operators based in
the countries concerned and meeting nationality criteria regarding
ownership. Regulations implementing the Mannheim Convention on
Rhine Shipping.
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
(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

(1) All Member States, except HU: unbound

HU: none

(2) None, except CY, EE, LT, MT, PL, SI: unbound
(3) None, except CZ, CY, EE, LT, MT, PL, SI, SK: unbound
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

and subject to the following limitations:
BG, CY, EE, LT, MT, PL, RO, SI: unbound

See footnote (1)

(1) (3) None, other than measures based upon existing or future

agreements on access to inland waterways (incl. agree-
ments following the Rhine-Main-Danube link), which
reserve some traffic rights for operators based in the
countries concerned and meeting nationality criteria
regarding ownership. Regulations implementing the
Mannheim Convention on Rhine Shipping.
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

(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 limitations:
BG, CZ, EE, LT, MT, PL, RO, SI: unbound

(1) 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):
(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.

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II.

SECTOR-SPECIFIC COMMITMENTS

10. TRANSPORT SERVICES

C.
(c)

Air transport services
rental of aircraft with
crew
(CPC 734)

(d) maintenance and repair
of aircraft and parts
thereof

(1) (2) All Member States, except PL: unbound

(1) (2) (3) All Member States, except PL: unbound

PL: none, except that aircraft used by Community air carriers have to be
registered in the Member State licensing the air carrier or elsewhere in
the Community. Waivers can be granted for short term lease contracts
or under exceptional circumstances.

(3) All Member States, except PL: unbound

PL: none, except that aircraft used by Community carriers have to be
registered in the aircraft register of that Member State, the aircraft must
be owned either by natural persons meeting specific nationality criteria
or by juridical persons meeting specific regarding ownership of capital
and control (including nationality of directors).

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

and subject to the following limitations:
all Member States, except PL: unbound
PL: unbound, except for horizontal measures.
(1) All Member States, except EE, HU, LV, PL: unbound

PL: none.

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
All member states, except PL: unbound
PL: none

(1) All Member States, except EE, HU, LV, PL: unbound

EE, HU, LV, PL: none

EE, HU, LV, PL: none

(2) None
(3)

CZ: corporate seat required in the Czech Republic.
SK: corporate seat is required in the Slovak Republic.
RO: an authorisation 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).

(2) None
(3)

CZ: corporate seat required in the Czech Republic.
SK: corporate seat is required in the Slovak Republic.

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
RO: unbound for (ii).

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SECTOR-SPECIFIC COMMITMENTS

10. TRANSPORT SERVICES

Sales and marketing

(1) None
(2) None
(3)
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

RO: unbound

and subject to the following limitations:
RO: unbound for (ii).

Computer reservations system

(1) None
(2) None
(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).

(1) All Member States, except BG, RO: for distribution through
CRS of air transport services provided by CRS parent
carrier: unbound
BG, RO: none

(2) None
(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

(2) None
(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:
RO: unbound for (ii).

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SECTOR-SPECIFIC COMMITMENTS

10. TRANSPORT SERVICES

E.
(a)

Rail transport services
passenger transportation

(1) All Member States: unbound
(2) All Member States, except HU: unbound

HU: none

(3) All Member States, except HU: unbound

(1)

(2) (3) All Member States, except HU: unbound
HU: none

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 under (i) and (ii)

(4) Unbound, except as indicated in the horizontal section

and subject to the following limitations:
all Member States, except HU: unbound
HU: unbound, except as indicated in horizontal section.

b)

freight transportation

(1) All Member States: unbound
(2) All Member States, except HU: unbound

under (i) and (ii) and subject to the following limitations:
All Member States, except HU: unbound
HU: unbound, except as indicated in horizontal section.
(2) (3) All Member States, except HU: unbound
HU: none

(1)

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 under (i) and (ii)

and subject to the following limitations:
All Member States, except HU: unbound
HU: unbound, except as indicated in horizontal section.

(1) All Member States, except EE, HU: unbound

EE, HU: none
RO: unbound
RO: unbound

(2)
(3)
(4) Unbound, except as indicated in the horizontal 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:
All Member States, except HU: unbound
HU: unbound, except as indicated in horizontal section.

(1) All Member States, except EE, HU: unbound

EE, HU: none
RO: unbound
RO: unbound

(2)
(3)
(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
RO: unbound for (ii).

(d) maintenance and repair
of rail transport equip-
ment
(CPC 8868)

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II.

SECTOR-SPECIFIC COMMITMENTS

10. TRANSPORT SERVICES

F.
(a)

Road transport services
passenger transportation
(all Member States,
except FI, LV, LT, RO: CPC
71213 and 7122.FI: CPC
71222 and 71223.
LV: CPC 71213, 71222,
71223.
LT: CPC 7121, 7122).
For LV, LT: cabotage
excluded.

(1) Unbound
(2) None, except CY, CZ, EE, HU, MT, PL, SI, 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) (*) where no limitation will
apply as from 1996.
AT, HU, PL, MT, SK: unbound
SE: Authorisation required for commercial land transport service
operations. Authorisation is based on the applicant's financial situation,
experience and capability to supply the services. Limitations on the use
of leased vehicles for such operations.
— For 7122:

ES: economic needs test.
— For 71221 (taxi services):

All Member States, except in SE: economic needs test (1), plus
DK: access for natural persons only, and local establishment requirement.
IT: access for natural persons only.

(1) Unbound
(2) None, except BG, CY, CZ, EE, HU, MT, PL, 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.

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

(*)
(1) Needs test based on the number of service suppliers in the local geographic area.

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SECTOR-SPECIFIC COMMITMENTS

10. TRANSPORT SERVICES

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: Authorisation required (licence), not extended to foreign registered vehicles.
PT: economic needs test.
— For 71213 (Intercity bussing services) (1):

IT, ES, IE: economic needs test.
FR: unbound
FI: authorisation required, not extended to foreign registered vehicles.
DK: economic needs test.
LV: authorisation required (licence and special permit), not extended to
foreign registered vehicles.
PT: access through incorporation only.

— For 71223:

LV: authorisation required (licence), not extended to foreign registered
vehicles.

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

(4) Unbound, except as indicated in the horizontal section

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).

under (i) and (ii) and subject to the following specific
limitations:
AT, BG, CY, CZ, EE, HU, MT, LV PL, SI, SK: unbound
DK: residence requirement for managers.
RO: unbound for (ii).

(1) 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.

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SECTOR-SPECIFIC COMMITMENTS

10. TRANSPORT SERVICES

(b)

freight transportation
(CPC 7123)

(1) Unbound
(2) None, except BG, CY, CZ, EE, HU, MT, PL, SI, SK: unbound
(3)

For transport within a Member State by a carrier established in another
Member State: unbound
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: authorisation required for commercial land transport service
operations. Authorisation is based on the applicant's financial situation,
experience and capability to supply the services. Limitations on the use
of leased vehicles for such operations.

(1) Unbound
(2)
(3) Unbound for transport within a Member State by a carrier

BG, HU, MT, PL, SK: unbound

established in another 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).

(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, SI and SK: unbound
RO: unbound for (ii).

(1) Unbound (**).
(2) MT, RO: unbound
(3)

SE: operators allowed to establish and maintain their own terminal
infrastructure facilities, subject to space and capacity constraints.
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

(d) maintenance and repair
of road transport equip-
ment
(all Member States,
except BG, CZ, EE, FI,
HU, SI and SK: CPC
6112. BG: 6112, part of
8867
CZ, EE, HU and SK: 6112
+ 8867.
FI: 6112 and parts of 88.
SI: part of CPC6112 (*))

(1) Unbound (**).
(2) MT, RO: unbound
(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

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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.

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10. TRANSPORT SERVICES

(e)

supporting services for
road transport equip-
ment
(for LV only:
CPC 7441, CPC 7449)

(1) All Member States: unbound
(2) All Member States, except LV: unbound

LV: none

(1) All Member States: unbound
(2) All Member States, except LV: unbound

LV: none

(3) All Member States, except LV: unbound

(3) All Member States, except LV: unbound

LV: authorisation required (agreement with bus station, license).
(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 indicated in the horizontal section.

G.

Pipeline transport
LT: CPC 713

(1) All Member States: unbound
(2) All Member States, except HU, LT: unbound

HU, LT: none

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
(1) All Member States, except HU: unbound

HU: 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 Concession granted
by the State or the local authority
LT: none

(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.

(3) All Member States, except HU, LT: unbound

HU, LT: none

(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.

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SECTOR-SPECIFIC COMMITMENTS

10. TRANSPORT SERVICES

H.

(a)

Services auxiliary to all
modes of transport
cargo-handling services
(EE, LV and LT: CPC741)

(b)

storage and warehouse
services (all Member
States, except BG:
CPC 742
(other than in ports).
BG: only for storage and
warehouse services aux-
iliary to road transport
(part of CPC 742))

(1) All Member States, except EE, LV and LT: unbound (*).

(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

EE, LV and LT: none

(3) All Member States, except EE, LV and LT: unbound.

(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.

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

and subject to the following limitations:
All Member States, except EE, LV and LT: unbound
EE, LV and LT: unbound, except as indicated in the horizontal section.

(1) Unbound (*).
(2)
(4) Unbound, except as indicated in the horizontal section under (i) and (ii)

(3) CY, CZ, MT, LT, PL, RO, SK and SE: unbound

and subject to the following limitations:
CY, CZ, MT, LT, PL, SK: unbound

EE, LV and LT: none

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following limitations:
All Member States, except EE, LV and LT: unbound
EE and LT: unbound, except as indicated in the horizontal
section.
LV: none
(1) Unbound (*).
(2)
(3) CY, CZ, MT, LT, PL, RO, SK and SE: 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, SK: unbound

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

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10. TRANSPORT SERVICES

(c)

freight transport agency/
freight forwarding ser-
vices (CPC 748)

(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, 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.

(2)

(3)

CY, CZ, HU, MT, PL, RO, SK and SE: unbound

CY, CZ, HU, MT, PL, RO, SK and SE: 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

Pre-shipment inspection (CPC
749 (*) except for BG: other
supporting and auxiliary trans-
port services, excluding local
pack-up and delivery, part of
CPC 749 and FI: CPC 7490
only)

(1)

(2) CY, CZ, HU, MT, PL, RO, SE, SK: unbound

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

SI: none other than customs clearance is subject to
limitation to juridical person established in the Republic of
Slovenia.

(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

(1)

(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

I.

Other transport services

(1) Unbound, except for FI: none

(1) Unbound, except for FI: none

(provision of combined
transport service)

(2)

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

(2)

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

(*)

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

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EN

Official Journal of the European Union

26.9.2007

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)

(c)

(d)

(e)

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;

the preparation of documentation concerning transport documents, customs documents, or other documents
related to the origin and character of the goods transported;

the provision of business information by any means,
electronic data interchange (subject to the provisions of this Agreement);

including computerised information systems and

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.

‘Multimodal transport operators’ means the person on whose behalf the bill of
lading/multimodal transport
document, or any other document evidencing a contract of multimodal carriage of goods, is issued and who is
responsible for the carriage of goods pursuant to the contract of carriage.

26.9.2007

EN

Official Journal of the European Union

L 251/113

Attachment A

GLOSSARY

Terms used for individual member states

F r a n c e

SC
SCP
SEL
SNC
SCS
SARL
SCA
SA

Société Civile
Société Civile Professionnelle
Société d'Exercice Libéral
Société en Nom Collectif
Société en Commandite Simple
Société à Responsabilité Limitée
Société en Commandite par Actions
Société Anonyme

N.B.: Toutes ces sociétés sont dotées de la personnalité morale

G e r m a n y

GmbH & CoKG Kommanditgesellschaft, bei der der persönlich haftende Gesellschafter eine GmbH (a stock company with

EWIV

I t a l y

SPA
SRL

limited responsibility) ist.
Europäische Wirtschaftliche Interessenvereinigung (European Economic Interest Grouping)

Società per Azioni (joint-stock company)
Società a Responsabilità Limitata (company with limited responsibility)

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

L 251/114

EN

Official Journal of the European Union

26.9.2007

ANNEX IV

( A n n e x V I I I o f

t h e A g r e e m e n t r e f e r r e d t o i n A r t i c l e 1 2 0 o f

t h e A g r e e m e n t )

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
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

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

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

I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN THIS
SCHEDULE

(3)

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

(3)

(a)

b)

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 Commu-
nity law.
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 adminis-
tration 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
(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 EEA (3).
Corresponding conditions prevail for establishment of all
other types of legal entities.

(1)
(2)

(3)

In the case of Austria, Finland and Sweden no horizontal reservation has been taken for services considered as public utilities.
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.
Exceptions from these requirements may be granted, if it can be proved that residency is not necessary.

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Law on foreign companies’ branches
(3)

SE: a foreign company (which has not established a legal entity in
Sweden) shall conduct its commercial operations through a branch,
established in Sweden with independent management and separate
accounts.
SE: building projects with a duration of less than a year are exempted
from the requirements of establishing a branch or appointing a resident
representative.

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 authorisation. 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 authorisation.
FI: acquisition of shares by foreign owners giving more than one third of
the voting rights of a major Finnish company or a major business
undertaking (with more than 1 000 employees or with a turnover
exceeding 1 000 million Finnish markka or with a balance sheet total
exceeding EUR 167 million) is subject to confirmation by the Finnish
authorities; the confirmation may be denied only if an important
national interest would be jeopardised.
FI: at least half of the founders of a limited company need to be resident
either in Finland or in one of the other EEA (European Economic Area)
countries. Company exemptions may, however, be granted.
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.

Law on foreign companies’ branches
(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: the managing director of a branch shall reside within
the EEA (European Economic Area) (1).
SE: foreign or Swedish citizens not residing in Sweden,
who wish to conduct commercial operations in Sweden,
shall appoint and register with the local authority a
resident representative responsible for such activities.
SI: the establishment of branches by foreign companies is
conditioned with the registration of the parent company in
a court register in the country of origin for at least one
year.
FI: a foreigner living outside the European Economic Area
and carrying on a trade as a private entrepreneur or as a
partner in a Finnish limited or general partnership needs a
trade permit. If a foreign organisation or foundation which
is resident outside the European Economic Area intends to
carry on a business or trade by establishing a branch in
Finland, a trade permit is required.
FI: if at least half of the members of the Board or the
Managing Director are resident outside the European
Economic Area, permission is required. Company exemp-
tions may, however, be granted.
SK: a foreign natural person whose name is to be registered
in the Commercial Register as a person authorised to act
on behalf of the entrepreneur is required to submit
residence permit for the Slovak Republic.

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

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I.

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SCHEDULE

Real estate purchases:
DK: limitations on real estate purchase by non-resident physical and legal
entities. Limitations on agricultural estate purchased by foreign physical and
legal entities.
EL: according to Law No. 1892/89 permission from the Minister of Defence is
needed for a citizen to acquire land in areas near borders. According to
administrative practices permission is easily granted for direct investment.
CY: unbound
HU: unbound for the acquisition of State-owned property.
LT: unbound for the acquisition of land by juridical and natural persons.
MT: unbound for the acquisition of real property.
LV: unbound in relation to acquisition of land by juridical persons. Land lease
not exceeding 99 years permitted.
PL: unbound in relation to acquisition of State-owned property, i.e. the
regulations governing the privatisation process (for mode 3).
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
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. Branches (1) 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).

Real estate purchases:
AT: the acquisition, purchase as well as rent or lease of real estate
by foreign natural persons and legal persons requires an
authorisation by the competent regional authorities (Länder)
which will consider whether important economic, social or
cultural interests are affected or not.
BG: foreign natural and juridical persons (including 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 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 Irish land by domestic or
foreign companies or foreign nationals. Where such land is for
industrial use (other than agricultural industry), this requirement
is waived subject to a certificate to this effect from the Minister
for Enterprise and Employment. This law does not apply to land
within the boundaries of cities and towns.

(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.

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HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN THIS
SCHEDULE

CZ: limitations on real estate acquisition by foreign natural and
legal entities. Foreign entities may acquire real property through
establishment of the Czech legal entities or participation in joint
ventures. Acquisition of the land by foreign entities is subject to
authorisation.
HU: unbound for the acquisition of real estate by foreign natural
persons.
LV: unbound in relation to acquisition of land by juridical
persons. Land lease not exceeding 99 years permitted.
PL: acquisition of real estate, direct and indirect, by foreigners and
foreign legal persons requires permission.
SK: limitations on real estate acquisition by foreign physical and
legal entities. Foreign entities may acquire real property through
establishment of Slovak legal entities or participation in joint
ventures. Acquisition of the land by foreign entities is subject to
authorisation (for modes 3 and 4).
IT: unbound for purchase of real estate.
FI (Åland Islands): restrictions on the right for natural persons
who do not enjoy regional citizenship in Åland, and for legal
persons, to acquire and hold real property on the Åland Islands
without permission by the competent authorities of the islands.
FI (Åland Islands): restrictions on the right of establishment and
the right to provide services by natural persons who do not enjoy
regional citizenship in Åland, or by any legal person, without
permission by the competent authorities of the Åland Islands.

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I.

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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, authorisation is
tacitly granted unless the Minister of Economic Affairs has, in exceptional
circumstances, exercised its right to postpone the investment.

FR: foreign participation in newly privatised companies may be limited to a
variable amount, determined by the Government of France on a case by case
basis, of the equity offered to the public.
ES: investment in Spain by foreign government and foreign public entities
(which tends to imply, besides economic, also non economic interests to
entity's part), directly or through companies or other entities controlled
directly or indirectly by foreign governments, need prior authorisation by the
government.

PT: foreign participation in newly privatised companies may be limited to a
variable amount, determined by the Government of Portugal on a case by case
basis, of the equity offered to the public.
IT: exclusive rights may be granted or maintained to newly privatised
companies. Voting rights in newly privatised companies may be restricted in
some cases. For a period of five years, the acquisition of large equity stakes of
companies operating in the fields of defence, transport services, telecommu-
nications and energy may be subject to the approval of the Ministry of
Treasury.
FR: for establishing in certain (1) commercial, industrial or artisanal activities, a
specific authorisation is needed if the managing director is not holder of a
permanent residence permit.

Investments:
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)
(ii)

distribution of weapons, munitions or military equipment;
banking or insurance activities, or participation in banking
or insurance companies;
prospecting, development or extraction of natural
resources from the territorial sea, continental shelf or the
exclusive economic zone;
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.

(iii)

(iv)

With respect to banking and insurance referred to in (ii) and (iv)
the criteria for authorisation 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.

(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.

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HORIZONTAL COMMITMENTS

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SCHEDULE

HU: unbound for the acquisition of state-owned properties.
LT: investments in organising 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 — Lm 500 (with a minimum of 20 %
as paid-up capital); public companies — Lm 20 000 (with a
minimum of 25 % paid-up capital). The non-resident percentage
of share of the equity is to be paid for with funds emanating from
abroad.

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CY: the permission of the Central Bank is required for the participation of any
non-resident in a corporate body or partnership in Cyprus. Foreign
participation in all sectors/subsectors included in the Schedule of Commit-
ments 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:
(a)
b)

provision of services which are new to Cyprus;
promotion of the export orientation of the economy with development
of existing and new markets;
transfer of modern technology, know how and new management
techniques;
improvement either of the productive structure of the economy or of the
quality of existing products and services;
complementary impact on existing units or activities;
viability of proposed project;
creation of new job opportunities for scientists, qualitative improvement
and training of local staff.

(c)

(d)

(e)
(f)
(g)

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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.
PL: authorisation of the establishment of a company with foreign equity is
required in the case of:
— establishment of company, purchase or acquiring of shares or stocks in
an existing company; extending of the activity of the company when the
scope of activity embraces at least one of the following areas:

— management of seaports and airports,
— dealing in real estate or acting as intermediary in real estate transactions,
— supply to defence industry that is not covered by other licensing

requirements,

— wholesale trade in imported consumer goods,
— provision of legal advisory services.
— establishment of a joint-venture company with a foreign equity in which
the Polish Party is a State legal person and is contributing non pecuniary
assets as initial capital,

— arranging a contract, that includes right to use of State property for more

than six months or decides on acquiring of such property.

SI: for financial services, authorisation is issued by the authorities indicated in
sector specific commitments and according to conditions indicated in sector
specific commitments.
There are no limitations on establishment of a new business establishment
(‘greenfield’ investments).

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HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN THIS
SCHEDULE

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 natural
persons, their availability may be limited to nationals of a
Member State.
Exchange regime (5)
(4)

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

Exchange regime (1), (2), (3), (4):
(1), (2), (3), (4) BG: payments and transfers abroad require the authorisation
of the Bulgarian National Bank when related to investments and State or State-
guaranteed loans (6).
(1), (2) SK: in relation to current payments, limitation on acquisition of
foreign exchange by resident nationals for personal purposes.
In relation to capital payments, foreign exchange authorisation required for
acceptance of financial credits from foreign subjects, direct capital investments
abroad, acquisition of real estate abroad and purchase of foreign securities.

(1) CZ: a non-discriminatory system of foreign exchange control is applied consisting of:

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(2)

limitation on acquisition of foreign exchange by resident nationals for personal purposes,
foreign exchange authorisation 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.

(a)
(b)
PL: there is a non-discriminatory system of foreign exchange controls relating to limitations in foreign exchange turnover and to the system of foreign exchange permits (general and individual) among others limitations of capital flows and currency
payments. The following foreign exchange transactions require authorisation:
— 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 foreign currency up to 70 per cent of their labour remuneration; (iv) payments and transfers abroad in foreign currency are to be effected by banks;
(v) unilateral transfers require the permission of BNB; (vi) payments on the territory of the Republic of Bulgaria are to be effected in BGL.
PL: the footnote under market access is also applicable for national treatment.
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.

(5)
(6)

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN THIS
SCHEDULE

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.).
Privatisation (1)
(3)

BG: unbound for participation in privatisation through State external
debt bonds and for services sectors and/or service suppliers not subject
to privatisation under the annual privatisation programme.
RO: unbound

i)

(4) Unbound, except for measures concerning the entry into and temporary

stay (2) within a Member State, without requiring compliance with an
economic needs test (3), of the following categories of natural persons
providing services:
the temporary presence, as intra-corporate transferee (4), 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 than 100 persons are
employed, the number of intracorporate transferees may, subject to
authorisation, exceed 10 per cent).

Privatisation
(3)

BG: unbound for participation in the privatisation through
investment vouchers or other preferential privatisation
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 non-Community
nationals remains within the competence of each Member
State, unless Community law provides otherwise. The right
to practise a regulated professional service in one Member
State does not grant the right to practise in another
Member State.

(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 privatisation process, foreign investors can buy assets and shares of commercial companies. Romanian legal and natural persons have a priority right in this respect. Under privatisation 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 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.

(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.

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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.

I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN THIS
SCHEDULE

(a)

(b)

(ii)
(a)

(b)

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 supervisory,

professional or managerial employees,

— 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 organisation, have the task to
manage this organisation or one of its departments or divisions.
persons working within a legal person who possess uncommon
knowledge essential to the establishment's service, research equipment,
techniques or management. In assessing such knowledge, account will be
taken not only of knowledge specific to the establishment, but also of
whether the person has a high level of qualification referring to a type of
work or trade requiring specific technical knowledge, including
membership of an accredited profession.
RO: natural persons serving in expert jobs are those persons who have
university degrees in the speciality of the position they occupy.
the temporary presence of natural persons in the following categories:
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)(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

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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.

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I.

HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN THIS
SCHEDULE

FR: the managing director of an industrial, commercial or artisanal
activity (1), if not holder of a residence permit, needs a specific
authorisation.
IT: access to industrial, commercial and artisanal activities is subject to a
residence permit and specific authorisation to pursue the activity.

(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.

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II.

1.

2.
3.

4.

5.
6.
7.
8.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part) (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.
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.
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.
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.
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.
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.
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.
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.
HU: it is intended to bind direct branching once it is bound in the GATS, and under the conditions set therein.

9.
10. HU: the board of a financial institution should include at least two members, who are Hungarian citizens, residents in the meaning of the relevant foreign exchange regulations and have permanent residency in

Hungary for at least one year.

A.
1.
2.

Insurance and insurance-related services
CZ: compulsory motor third-party liability insurance is provided by an exclusive supplier (2). 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 and the liability insurance of employer against injury or
occupational disease have to be effected through the Slovak Insurance Company. The basic health insurance is confined to the Slovak health insurance companies having a licence for provision of health insurance
granted by the Ministry of Healthcare of the Slovak Republic according to the Act 273/1994 Coll. of Law. Fund pension insurance schemes and sickness insurance are confined to the Social Insurance Company.

(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.

(2) 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.

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II.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

(1) AT: promotional activity and intermediation on behalf of a

subsidiary not established in the Community or of a branch not
established in Austria (except for reinsurance and retrocession) are
prohibited.
AT: compulsory air insurance can be underwritten only by a
subsidiary established in the Community or by a branch
established in Austria.
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
schemes (1)): unbound, except for services supplied by foreign
suppliers to foreign persons in the territory of the Republic of
Bulgaria.
Transport insurance, covering goods, insurance of vehicles as such
and liability insurance regarding risks located in the Republic of
Bulgaria may not be underwritten by foreign insurance companies
directly. A foreign insurance company may conclude insurance
contracts only through a branch.

Unbound for deposit insurance and similar compensation schemes, as
well as mandatory insurance schemes.
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 a third party.

Authorisation is required for the intermediary in case of its
intermediation activity to be exercised for a branch with registered office
in the Czech Republic.
DK: Compulsory air transport insurance can be underwritten only by
firms established in the Community.
DK: no persons or companies (including insurance companies) may for
business purposes in Denmark assist in effecting direct insurance for
persons resident in Denmark, for Danish ships or for property in
Denmark, other than insurance companies licensed by Danish law or by
Danish competent authorities.

(1)

Exclusive service suppliers may be established or authorised with respect to mandatory insurance schemes.

(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.
BG: unbound for Life insurance services and pension fund
services, Non-life insurance services, Insurance interme-
diation and Services auxiliary to insurance, such as
consultancy, actuarial, risk assessment and claim settlement
services.

Part of the EC (AT, BE, DK, DE, ES,
FI, FR, EL, IE, IT, LU, NL, PT, SE,
UK) undertakes additional com-
mitments as contained in the
‘Additional commitments by part
of the EC’ attached.

Unbound for reinsurance and retrocession services other than life
and non-life reinsurance services.

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II.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

DE: compulsory air insurance policies can be underwritten only by a
subsidiary established in the Community or by a branch established in
Germany.
DE: if a foreign insurance company has established a branch in
Germany, it may conclude insurance contracts in Germany relating to
international transport only through the branch established in Germany.
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 subparagraph 3 (a) of the Understanding.
FI: the supply of insurance broker services is subject to a permanent
place of business in the European Economic Area.
FR: insurance of risks relating to ground transport may be carried out
only by insurance firms established in the Community.
IT: transport insurance of goods, insurance of vehicles as such and
liability insurance regarding risks located in Italy may be underwritten
only by insurance companies established in the Community. This
reservation does not apply for international transport involving imports
into Italy.
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.

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

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(2) 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 services,
Insurance intermediation and Services auxiliary to insur-
ance, such as consultancy, actuarial, risk assessment and
claim settlement services.

II.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

(2) AT: promotional activity and intermediation on behalf of a

subsidiary not established in the Community or of a branch not
established in Austria (except for reinsurance and retrocession) are
prohibited.
AT: compulsory air insurance can be underwritten only by a
subsidiary established in the Community or by a branch
established in Austria.
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
schemes (1)): 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 insurance and similar compensation
schemes, as well as mandatory 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 underwritten only
by firms established in the Community.
DK: no persons or companies (including insurance companies)
may for business purposes in Denmark assist in effecting direct
insurance for persons resident in Denmark, for Danish ships or
for property in Denmark, other than insurance companies
licensed by Danish law or by Danish competent authorities.
DE: compulsory air insurance policies can be underwritten only
by a subsidiary established in the Community or by a branch
established in Germany.

(1)

Exclusive service suppliers may be established or authorised with respect to mandatory insurance schemes.

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II.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

DE: if a foreign insurance company has established a branch in
Germany, it may conclude insurance contracts in Germany
relating to international transport only through the branch
established in Germany.
FR: insurance of risks relating to ground transport may be carried
out only by insurance firms established in the Community.
IT: transport insurance of goods, insurance of vehicles as such and
liability insurance regarding risks located in Italy may be
underwritten only by insurance companies established in the
Community. This reservation does not apply for international
transport involving imports into Italy.
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) AT: the licence for branch offices of foreign insurers has to be

(3)

denied if the insurer, in the home country, does not have a legal
form corresponding or comparable to a joint-stock company or a
mutual insurance association.
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
schemes (1)): the insurance service suppliers cannot be set up for
the supply of both life insurance and non-life insurance services.
Foreign persons can supply insurance services only through
participation in Bulgarian insurance companies with no limitation
on equity participation, as well as directly, through a branch, with
registered office in the Republic of Bulgaria. The establishment of
branches of foreign insurance companies is subject to licensing by
the Financial Supervision Commission (FSC). For establishing a
branch in Bulgaria to provide certain classes of insurance, a
foreign insurer must have been authorised to operate in the same
classes of insurance in its country of origin for at least five years.
The branches of foreign insurance companies should satisfy the
following requirements: specific guarantee and deposit require-
ments, a separate capitalisation, and localisation in the Republic of
Bulgaria of the assets representing the technical reserves.

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 schemes (1)): Insurance funds raised by virtue of
insurance contracts, as well as own capital, must be
invested in the Republic of Bulgaria and may be transferred
abroad only subject to a permission of the Financial
Supervision Commission (FSC).
Foreign suppliers cannot conclude insurance contracts with
local natural and juridical persons through brokers.
BG: unbound for deposit insurance and similar compen-
sation 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 to permission of the Financial Supervision
Commission (FSC).

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(1)

Exclusive service suppliers may be established or authorised with respect to mandatory insurance schemes.

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Foreign suppliers cannot conclude reinsurance contracts
with local natural and juridical persons through brokers.
SK: the majority of the management board of an insurance
company has to be domiciled in the Slovak Republic.
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.

II.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

Transport insurance, covering goods, insurance of vehicles as such
and liability insurance regarding risks located in the Republic of
Bulgaria may not be underwritten by foreign insurance companies
directly. A foreign insurance company may conclude insurance
contracts only through a branch.
BG: unbound for deposit insurance and similar compensation
schemes, as well as mandatory insurance schemes.
BG: unbound for reinsurance and retrocession services other than
life and non-life reinsurance services. Reinsurance service
suppliers cannot be set up for the supply of both life and non-life
reinsurance services.
Foreign persons can supply insurance services only through
participation in Bulgarian insurance companies with no limitation
on equity participation. Foreign reinsurance companies may
supply directly reinsurance services through a branch, with
registered office in the Republic of Bulgaria. The establishment of
branches of foreign insurance companies is subject to licensing by
the Financial Supervision Commission (FSC).
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 (FSC) may conduct interme-
diation activity.
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
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.

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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.
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.

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II.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

(4) 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.
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.

(4) Unbound, except as indicated in the horizontal section

under (i) and (ii) and subject to the following specific
limitations:
AT: the management of a branch office must consist of two
natural persons resident in Austria.
BG: unbound for services other than Life and non-life
reinsurance services. Unbound for Insurance intermedia-
tion and Services auxiliary to insurance, such as con-
sultancy, actuarial, risk assessment and claim settlement
services.
DK: the general agent of an insurance branch will need to
have resided in Denmark for the last two years unless being
a national of one of the Member States of the Community.
The Minister of Business and Industry may grant
exemption.
DK: residency requirement for managers and the members
of the board of directors of a company. However, the
Minister of Business and Industry may grant exemption
from this requirement. Exemption is granted on a non-
discriminatory basis.
IT: residence requirement for actuarial profession.

B.
1.

2.

Banking and other financial services (excluding insurance)
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.
SK: trading of bullion, money broking and intermediation are not committed.

(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.
IT: unbound for ‘promotori di servizi finanziari’ (financial
salesmen).

(1)

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 com-
mitments as contained in the
‘Additional commitments by part
of the EC’ attached.

(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.

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FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

CZ: unbound for trading 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.
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;
capital payments abroad (except FDI);
granting financial credits and guarantees;
operations in financial derivates;
purchase of foreign securities, except for the cases as
described by the Foreign Exchange Act;
issue of foreign securities for public and non-public trade in
the Czech Republic or their introduction on the domestic
market.

(b)
(c)
(d)
(e)

(f)

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
(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 instruments and financial assets, participation in issues
of all kinds of securities, asset management, and settlement and
clearing services for financial assets.
None other than:
(i)

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

(ii)

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II.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

(iii)

(iv)

(v)

(vi)

non-cash cross-border payments may be effected only by
authorised domestic banks and branches of foreign banks in
the Slovak Republic;
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;
capital payments abroad;
obtaining financial credit from a foreign exchange
non-resident; except credits from abroad accepted by
residents with a repayment period of more than three
years and loans granted between natural persons for
non-business activities.

(b)
(c)

export and import of the Slovak currency and foreign
exchange in cash exceeding value of 150 000 SKK and
bullion, is subject to reporting requirement;
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 Slo-

vak Republic can grant and obtain guarantees and liabilities
according to determined limit and provisions of the
National Bank of Slovakia.

(2) (1) 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.
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)
(b)
(c)

opening and funding of an account abroad by Czech residents;
capital payments abroad (except FDI);
granting financial credits and guarantees;

(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

(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).

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FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

(d)
(e)

(f)

(i)

(ii)

(iii)

(iv)

(a)

(b)
(c)

(v)

(vi)

operations in financial derivates;
purchase of foreign securities, except for the cases as described by
the Foreign Exchange Act;
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:
deposit services are confined to the domestic banks and branches
of foreign banks in the Slovak Republic;
only authorised domestic banks, branches of foreign banks in the
Slovak Republic and persons possessing a foreign exchange
license may trade in foreign exchange assets. Only stock exchange
members can trade on the Bratislava Stock Exchange. Residents
can trade on the RM-System Slovakia without any limitation and
non-residents only through security dealers;
non-cash cross-border payments may be effected only by
authorised domestic banks and branches of foreign banks in the
Slovak Republic;
foreign exchange licence issued by the National Bank of Slovakia
is required for:
opening an account abroad by a Slovak non-bank resident, except
for the natural persons during their stay abroad;
capital payments abroad;
obtaining financial credit from a foreign exchange non-resident;
except credits from abroad accepted by residents with a
repayment period of more than three years and loans granted
between natural persons for non-business activities.
export and import of the Slovak currency and foreign exchange in
cash exceeding value of 150 000 SKK and bullion, is subject to
reporting requirement;
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.

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II.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)
(3) All Member States:

— the establishment of a specialised management company is

required to perform the activities of management of unit
trusts and investment companies,

— only firms having their registered office in the Community

can act as depositories of the assets of investment funds.

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:
foreign banks wishing to establish themselves in the Republic of
Bulgaria must be duly authorised under their national law and
must not be prohibited from performing banking activities in
their country of origin and in the countries where they operate.
Unbound for caisses populaires.
Acquisition, directly or indirectly, of shares representing five per
cent or more of the voting rights of an established bank is subject
to an authorisation by the Bulgarian National Bank.
Criteria for authorisation are prudential and are consistent with
the obligations of Articles XVI and XVII of the GATS.
The direct or indirect acquisition of participation in 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 budgetarily-financed
public institutions.

(3)

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 Treas-

ury,

— financial leasing:
none, except for those in the Market Access column.
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 transfer-

able securities,

— asset management (excluding pension fund man-

agement):

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.

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FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

Condition of 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 under-
writing of securities, excluding treasury bonds,
— trading for own and customers account of transferable

securities,

— asset management (excluding pension fund management):
bound for investment intermediaries, investment companies and
stock exchanges established as joint stock companies licensed by
the Financial Supervision Commission (FSC). The grant of the
relevant licence is related to the management and technical
requirements as well as requirements related to the protection of
investors.
Stock exchange JSC:
Conditions of minimum capital (BGN 100 000); not less than 2/3
of the capital distributed among financial institutions (insurance
companies, financial houses, investment intermediaries); a ceiling
of five per cent 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 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 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.

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FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

Securities may be traded publicly only if relevant authorisation
has been granted and prospectus covering the security has been
approved.
The establishment and activities of securities dealers, stockbrokers,
of the Stock Exchange or organisers of an over-the-counter
market, investment companies and investment funds are subject
to authorisation granting of which is related to qualifications,
personal integrity, management and material requirements.
Settlement and clearing services for all kinds of payments are
monitored and reviewed by the Czech National Bank to ensure
their smooth and economical operation.
DK: financial institutions may engage in securities trading on the
Copenhagen Stock Exchange only through subsidiaries incorpo-
rated 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 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;
— for the operation of additional branches the minimum

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

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.

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FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

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,
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.
IE: in the case of collective investment schemes constituted as unit
trusts and variable capital companies (other than undertakings for
collective investment in transferable securities, UCITS), the
trustee/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 another Member State in
accordance with the EC Investment Services Directive.
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 Portuguese economy.

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FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

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 by insurance
companies established in Portugal and authorised to take up the
life insurance business.
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 permission by the
Ministry of Finance has been granted for public trading according
to the Securities Act. The business of security dealer, stockbroker
or organiser of an over-the-counter market is subject to
authorisation of the Ministry of Finance. Settlement and clearing
services for all kinds of payments are regulated by National Bank
of Slovakia.
Settlement and clearing services relating to change of physical
property of securities are recorded in Centre of Securities
(Clearing and Settlement House for Securities). Centre of
Securities may provide only transfers on the property accounts of
security owners. Cash part clearing and settlement goes through
Banking Clearing and Settlement House — (where the National
Bank of Slovakia is major shareholder) for Bratislava Stock
Exchange, joint-stock company or through Jumbo account for
RM-System Slovakia.
SE: undertakings not incorporated in Sweden may establish a
commercial presence only through a branch, and in case of banks,
also through a representative office.

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II.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (first part)

(4) 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,

(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).

— 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:
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 adminis-
trators, 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.

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II.2.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)

1.
2.

3.

4.

5.

6.
7.

8.
9.
10.
11.
12.
13.

A.
1.
2.
3.
4.

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.
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.
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.
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.
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.
RO: the establishment and the activity of insurance and reinsurance companies are subject to authorisation from the Romanian Insurance Supervisory Commission.
RO: the establishment and the activity of the banking companies are subject to authorisation 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.
RO: the establishment and the activity of securities market related entities (natural or legal persons, as the case may be) are subject to authorisation from the National Securities Commission of Romania (NSC).
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.
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.
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.
SI: insurance and banking activities should be performed by legally separate suppliers of financial services.
SI: investment services can be provided only through banks and investment firms.

Insurance and insurance-related services
EE: compulsory social security services are not committed.
LV: (i), (ii) (3): as a general rule and in non-discriminatory manner, insurance institutions incorporated in Latvia must adopt a specific legal form.
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.
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).

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(1)

CY, EE, LV, LT: none
MT:
life insurance, non-life insurance and reinsurance and
retrocession: none
Insurance intermediation and services auxiliary to insur-
ance: unbound
PL:
unbound, except for the reinsurance, the retrocession and
insurance of goods in international trade.
RO:
unbound, except for reinsurance and retrocession.
SI:
marine, aviation and transport insurance, insurance
intermediation, and services auxiliary to insurance: none
Life insurance, non-life insurance (except marine, aviation
and transport insurance), and reinsurance and retrocession:
unbound

II.2.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)

(1)

(i)

(ii)
(iii)

(iv)

direct insurance (including
co-insurance):
life
(a)
non-life
(b)
reinsurance and retrocession
insurance intermediation,
such as brokerage and
agency
RO: not committed.
services auxiliary to insur-
ance, such as consultancy,
actuarial, risk assessment
and claim settlement services

CY:
life insurance (including intermediation):
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.
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.
Reinsurance and retrocession (including intermediation):
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
EE: none
LV:
life insurance, non-life insurance and insurance intermediation:
unbound
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

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II.2.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)

(2)

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 the international
market is allowed only if the reinsured risk cannot be placed on
the 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.
Life insurance, non-life insurance (except marine, aviation and
transport insurance), reinsurance and retrocession, insurance
intermediation, and services auxiliary to insurance: unbound
CY, EE, LV, LT: none
MT:
Life insurance, non-life insurance, and reinsurance and retro-
cession: none
Insurance intermediation and services auxiliary to insurance:
unbound
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: Ceding in reinsurance on the
international market can be made only if the reinsured risk cannot
be placed on the 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.
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

(2)

CY, EE, LV, LT: none
MT:
life insurance, non-life insurance, and reinsurance and
retrocession: none
Insurance intermediation and services auxiliary to insur-
ance: unbound
PL: unbound, except for the reinsurance, the retrocession
and insurance of goods in international trade.
RO: unbound, except for reinsurance and retrocession.
SI:
marine, aviation and transport insurance, reinsurance and
retrocession, insurance intermediation, and services aux-
iliary to insurance: none

Life insurance and non-life insurance (except marine,
aviation and transport insurance): unbound

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II.2.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)

(3)

CY, LV, LT, MT, PL, RO: none
EE:
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 and retrocession, insurance intermediation
and services auxiliary to insurance: none

SI:
Life insurance, non-life insurance, and reinsurance and
retrocession: none
Insurance intermediation and services auxiliary to insur-
ance:
for sole proprietors a residence in the Republic of Slovenia
is required.

(3)

CY:
life and non-life insurance (including intermediation):
No insurer can operate in or from within the Republic of Cyprus
unless so authorised by the Superintendent of Insurance, in
accordance with the Insurance Companies Laws.
Foreign insurance companies can operate in the Republic of
Cyprus through the establishment of a branch or an agency. The
foreign insurer must have been authorised to operate in his
country of origin before authorised to establish a branch or
agency.
Participation of non-residents in insurance companies, incorpo-
rated in the Republic of Cyprus, requires the prior approval of the
Central Bank.
Reinsurance and retrocession (including intermediation):
No company can operate as a reinsurer within the Republic of
Cyprus unless so authorised by the Superintendent of Insurance.
Investment by non-residents in reinsurance companies requires
the prior approval of the Central Bank. The share of foreign
participation in the capital of local reinsurance companies is
determined on a case-by-case basis. Currently there is no local
reinsurance company.
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.
A person executing activities of the insurance intermediation must
possess a licence. Local incorporation required for insurance
intermediaries.
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.

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II.2.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)

Non-life insurance: the establishment of companies and inter-
mediation agencies with foreign participation is allowed only in
partnership with Romanian legal or natural persons.
The representatives of foreign insurance companies and of the
associations of foreign insurers have the right to conclude
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.
Services auxiliary to insurance: the establishment of companies
and intermediation agencies with foreign 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
associations of foreign insurers have the right to conclude only
the following types of insurance contracts:
(a)

insurance and reinsurance contracts with legal and natural
foreign persons or for their goods;
reinsurance contracts with Romanian insurance companies,
insurance-reinsurance companies and reinsurance compan-
ies.

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 the existence of

(b)

shareholders from different countries;

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

Unbound for foreign participation in insurance company under
privatisation.
Membership of the mutual insurance institution is limited to
companies established in the Republic of Slovenia and domestic
natural persons.

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II.2.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)

(4)

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 intermediation and services auxiliary to insurance:
For providing consultancy and claim settlement services,
incorporation is required as a legal entity by consent of the Bureau
of insurance.
For actuaries and risk assessment activities provision of services
through professional establishment only.
Operation is limited to activities referred under A(i) and (ii) of this
Schedule.
CY:
life, non-life insurance, insurance intermediation and services
auxiliary to insurance: unbound
Reinsurance and retrocession:
unbound natural persons are not authorised to provide
reinsurance services.
EE, LV, LT, MT: 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 requirement for insurance intermediaries.
RO:
unbound, except as indicated in the horizontal section under (i).
Unbound for (ii).
SI:
life insurance, non-life insurance, and reinsurance and retro-
cession:
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
in addition to a qualifying examination, membership in the
Actuarial Association of the Republic of Slovenia and proficiency
in Slovenian.

(4)

CY:
life, non-life insurance, insurance intermediation and
services auxiliary to insurance: none
Reinsurance and retrocession:
unbound natural persons are not authorised to provide
reinsurance services.
EE, LT, MT, SI: unbound, except as indicated in the
horizontal section under (i) and (ii).
LV, PL: none
RO:
unbound, except as indicated in the horizontal section
under (i). Unbound for (ii).

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II.2.
B.
1.
2.

3.

4.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)
Banking and other financial services (excluding insurance)
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.
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 six per cent collectively.
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 according to general provisions applicable to
all sectors in this list.
LT: all subsectors: at least one manager must be Lithuanian citizen.

(v)

(vi)

acceptance of deposits and
other repayable funds from
the public
lending of all types, includ-
ing consumer credit, mort-
gage credit, factoring and
financing of commercial
transaction
financial leasing
MT: not committed.
PL: not committed.
RO: not committed.
(viii) all payment and money

(vii)

transmission services,
including credit, charge and
debit cards, travellers che-
ques and bankers drafts

MT: not committed.
(ix)

guarantees and commit-
ments
MT: not committed.
PL: excluding guarantees and
commitments of the State
Treasury.
trading for own account or
for account of customers,
whether on an exchange, in
an over-the-counter market
or otherwise, the following:
(a) money market instru-
ments (including che-
ques, bills, certificates
of deposits)
foreign exchange

(b)

(x)

(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.
Subsectors (x) (e), (xv) and (xvi): none, except as indicated in the
horizontal section.
All other subsectors: unbound
EE: acceptance of deposits and other repayable funds from the
public.
Requirement of authorisation by Eesti Pank and registration under
Estonian Law as a joint-stock company, a subsidiary or a branch.
EE, LT: the establishment of a specialised management company is
required to perform the activities of management of unit trusts
and investment companies, and only firms having their registered
office in the Community can act as depositories of the assets of
investment funds.

(1)

CY: unbound, except for:
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 (xv): unbound, except for the provision of
financial information by international providers.
PL: unbound, except for:
subsector (xv): none
RO: unbound, except for:
subsectors (v), (vi), (viii), (ix), (xii), (xv) and (xvi): none

LV: unbound, except for:
subsectors (xi), (xv) and (xvi): none
LT: pension fund management: commercial presence required.
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 to use the public telecommunication
network, or the network of other authorised operator, in the case
of cross-border provision of these services.
RO: unbound, except for:
subsectors (v), (vi), (ix), (xii), (xv) and (xvi): none
Subsector (viii): allowed only through a resident bank.
SI: none for subsectors (xv) and (xvi).

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II.2.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)
(c)

Unbound, except accepting credits (borrowing of all types), and
accepting guarantees and commitments from foreign credit institutions
by domestic legal entities and sole proprietors. (Remark: consumer
credits shall be free upon the adoption of the new Foreign Exchange
Law).
All abovementioned credit arrangements must be registered with the
Bank of Slovenia. (Remark: this provision shall be abolished upon the
adoption of the new Law on Banking.) Foreign persons can only offer
foreign securities through domestic banks and stock broking company.
Members of the Slovenian Stock Exchange must be incorporated in the
Republic of Slovenia.

derivative products
including, but not
limited to, futures and
options
exchange rate and
interest rate instru-
ments, including
products such as
swaps, forward rate
agreements
transferable securities
other negotiable
instruments and
financial assets,
including bullion

(d)

(e)
(f)

(2)

MT: not committed.
PL: only (x) (e) is committed.
RO: only (x) (e) is committed.
(xi)

participation in issues of all
kinds of securities, including
underwriting and placement
as agent (whether publicly or
privately) and provision of
services related to such
issues

MT: not committed.
PL: excluding participation in
issues of Treasury papers.
SI: excluding participation in issues
of Treasury bonds.
(xii) money broking
MT: not committed.
PL: not committed.

CY: subsectors (v) to (xiv), except subsector (x) (e)
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.
EE, LV, LT: none
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 to use the public telecommunication
network, or the network of other authorised operator, in the case
of consumption abroad 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
utilisation of foreign currency resources abroad by natural and
legal Romanian persons is allowed only with prior permission
from the National Bank of Romania.

(2)

CY: unbound, except for:
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 (xv): unbound, except for the provision of
financial information by international providers.
PL: unbound, except for:
subsector (xv) and (xvi): none
RO: unbound, except for:
subsectors (v), (vi), (viii), (ix), (x) (e), (xii), (xv) and (xvi):
none

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FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)

II.2.
(xiii) asset management, such as
cash or portfolio manage-
ment, all forms of collective
investment management,
pension fund management,
custodial, depository and
trust services
MT: not committed.
PL: only portfolio management
services.
RO: only portfolio management,
closed-end investment trust ser-
vices, open-ended investment
funds services and securities cus-
tody services
SI: excluding pension fund man-
agement.
(xiv) settlement and clearing ser-

vices for financial assets,
including securities, deriva-
tive products, and other
negotiable instruments

MT: not committed.
PL: not committed.
RO: only settlement and clearing
services for securities.
(xv) provision and transfer of
financial information, and
financial data processing and
related software by suppliers
of other financial services

RO: only securities related services.

SI: none for subsectors (xv) 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 abovementioned credit arrangements must be registered with
the Bank of Slovenia. (Remark: this provision shall be abolished
upon the adoption of the new Law on Banking.)
Legal entities established in the Republic of Slovenia can be
depositories of the assets of Investments Funds.

(3) All Member States:

(3)

— 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.

CY: all subsectors, except subsector (x) (e)
For new banks the following requirements apply:
(a)

a licence is required from the Maltese financial authorities.
An economic needs test may be applied.

CY: all subsectors, except subsector (x) (e):
none once established and licensed.
Subsector (x) (e):
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.
EE, LV, LT, MT, PL, SI: none
RO: none, except for:
Subsector (x) (e):
securities transactions on the organised securities markets
by a natural or legal person which is a non-resident of
Romania are taxed at 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 the 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 the initial
investment was made.

.

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FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)

II.2.
(xvi) advisory, intermediation and
other auxiliary financial ser-
vices on all the activities
listed in subparagraphs (v)
through (xv), including credit
reference and analysis,
investment and portfolio
research and advice, advice
on acquisitions and on cor-
porate restructuring and
strategy
MT: not committed.
PL: advisory and other auxiliary
financial services only in relation
to the activities committed for
Poland.
SI: excluding advisory, intermedia-
tion and other auxiliary financial
services related to participation in
issues of Treasury bonds and to
pension fund management.

(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 that they are
appropriately licensed. Banks and Insurance companies may
not undertake brokerage business. However their subsidiary
brokerage firms may 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):
pension fund management is provided by State monopoly.
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.
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.

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II.2.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)
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: subsector (x) (e): the securities (brokerage) company
must be a Romanian legal entity set up as a joint-stock
company under Romanian law and have as its exclusive
business objective the intermediation of securities
Subsector (xi): the securities company must be a Romanian
legal entity set up as a joint-stock company under
Romanian law and have as its exclusive business objective
the intermediation of securities.
Any public offer of securities shall require, prior to the
publication of its prospectus, the authorisation of the
National Securities Commission of Romania.
Subsector (xiii):
companies performing asset management (except open-
ended investment funds) must be established as joint-stock
companies under 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.
Unbound with respect to establishment of private pension
funds (non-compulsory pension funds).
Management Companies are commercial companies estab-
lished solely for the purpose of managing investment funds.

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II.2.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)

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).
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.

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II.2.

FINANCIAL SERVICES — SPECIFIC COMMITMENTS (second part)

(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.
EE, LT, MT, SI: unbound, except as indicated in the horizontal
section under (i) and (ii).
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 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).

(4)

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).
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).

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L 251/156

EN

Official Journal of the European Union

26.9.2007

ADDITIONAL COMMITMENTS BY PART OF THE EC

(AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK)

Insurance

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(a)

(b)

(c)

(d)

Part of the EC (AT, BE, DK, DE, ES, FI, FR, EL, IE, IT, LU, NL, PT, SE, UK) notes the close cooperation among the
insurance regulatory and supervisory authorities of these Member States and encourages their efforts to promote
improved supervisory standards.

These Member States will make their best endeavours to consider within six 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.

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.

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.

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.

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.

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 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.

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.

In application of the relevant EC Directives, these Member States will make their best endeavours to consider within
six 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.

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 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.

26.9.2007

EN

Official Journal of the European Union

L 251/157

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 liberalisation 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)

(c)

reinsurance and retrocession and the services auxiliary to insurance as referred to in subparagraph (iv) of
Article 117(9);

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.

4.

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.

The Community may impose terms, conditions and procedures for authorisation of the establishment and expansion
of a commercial presence insofar 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:

(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.

L 251/158

EN

Official Journal of the European Union

26.9.2007

(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)

(b)

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;

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.

1.

National treatment

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 organisation 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 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.

2.

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.

‘Commercial presence’ means an enterprise within the Community's territory for the supply of financial services and
includes wholly- or partly-owned subsidiaries,
franchising
operations, branches, agencies, representative offices or other organisations.

joint ventures, partnerships, sole proprietorships,

26.9.2007

EN

Official Journal of the European Union

L 251/159

ANNEX V

AUTHORITIES RESPONSIBLE FOR FINANCIAL SERVICES

PART A

FOR THE COMMUNITY AND ITS MEMBER STATES

European Commission

Austria

DG Trade
DG Internal market

Ministry of Finance

B-1049 Bruxelles

Directorate Economic Policy and Financial
Markets
Himmelpfortgasse 4-8
Postfach 2
A-1015 Wien

Belgium

Ministry of Economy

Ministry of Finance

Bulgaria

Ministry of Economy and Energy

Ministry of Finance

Bulgarian National Bank

Financial Supervision Commission

Rue de Bréderode 7
B-1000 Bruxelles

Rue de la Loi 12
B-1000 Bruxelles

Slavyanska str. 8
BG-Sofia 1052

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

Al. Batenberg sq. 1
BG-Sofia 1000

33, Shar Planina Street
BG-Sofia 1303

Cyprus

Ministry of Finance

CY-1439 Nicosia

Czech Republic

Ministry of Finance

Denmark

Ministry of Economic Affairs

Estonia

Finland

France

Ministry of Finance

Ministry of Finance

Ministry of Economy, Finance and
Industry

Germany

Ministry of Finance

Letenská 15
CZ-118 10 Prague

Ved Stranden 8
DK-1061 Copenhagen K

Suur-Ameerika 1
EE-15006 Tallinn

PO Box 28
FI-00023 Helsinki

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

Bundesanstalt für Finanzdienstleistungsauf-
sicht
Graurheindorfer Str. 108
D-53117 Bonn

Greece

Hungary

Ireland

Italy

Latvia

Bank of Greece

Ministry of Finance

Irish Financial Services Regulatory
Authority

Ministry of Treasury

Panepistimiou Street, 21
GR-10563 Athens

Pénzügyminisztérium
Postafiók 481
HU-1369 Budapest

PO Box 9138
College Green
IRL-Dublin 2

Ministero del Tesoro
Via XX Settembre 97
I-00187 Roma

Financial and Capital Market Com-
mission

Kungu Street 1
LV-1050 Riga

L 251/160

EN

Official Journal of the European Union

26.9.2007

Lithuania

Ministry of Finance

Luxembourg

Ministry of Finance

Malta

Financial Services Authority

Netherlands

Ministry of Finance

Poland

Portugal

Romania

Ministry of Finance

Ministry of Finance

Banking sector and non-banking
financial institutions

Securities market sector

Insurance sector

Private pension system and private
pension funds

Slovak Republic

Ministry of Finance

Slovenia

Spain

Ministry of Economy

Treasury

Vaižganto 8a/2,
LT-01512 Vilnius

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

Notabile Road
MT-Attard

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

12 Świętokrzyska Street
PL-00-916 Warsaw

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

National Bank of Romania
25 Lipscani Street, Sector 3
RO-Bucharest, Code 030031
Romanian National Securities Commission
2 Foisorului Street, Sector 3 RO-Bucharest
Insurance Supervisory Commission
18 Amiral Constantin Balescu Street, Sector 1
RO-Bucharest, Code 011954
Private Pension System Supervisory Commis-
sion
74 Splaiul Unirii, Sector 4
RO-Bucharest, Code 030128

Stefanovicova 5
SK-817 82 Bratislava
Slovenská republika

Kotnikova 5
SI-1000 Ljubljana

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

Sweden

Financial Supervisory Authority

Swedish Central Bank

Swedish Consumer Agency

United Kingdom

H.M. Treasury

Box 6750
S-113 85 Stockholm
Malmskillnadsgatan 7
S-103 37 Stockholm
Rosenlundsgatan 9
S-118 87 Stockholm

1 Horse Guards Road
UK-London SW1A 2HQ

26.9.2007

EN

Official Journal of the European Union

L 251/161

( A n n e x X t o t h e A g r e e m e n t r e f e r r e d t o i n A r t i c l e 1 3 2 o f

t h e A g r e e m e n t )

ANNEX VI

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

EE

EL

ES

FI

FR

Austria

Belgium

Bulgaria

Cyprus

Czech Republic

Germany

Denmark

Estonia

Greece

Spain

Finland

France

HU

Hungary

IE

IT

LT

LU

LV

MT

NL

PL

PT

RO

SE

SI

SK

UK

Ireland

Italy

Lithuania

Luxembourg

Latvia

Malta

The Netherlands

Poland

Portugal

Romania

Sweden

Slovenia

Slovak Republic

United Kingdom

‘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.

L 251/162

EN

Official Journal of the European Union

26.9.2007

Sector or subsector

Limitations on national treatment to establishment

1.

HORIZONTAL COMMITMENTS

All sectors included in this sche-
dule

(a)

(b)

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.

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:

FI:

SE:

If

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
the holder of a business permit is not a
status with nationals.
permanent resident of Austria,
the appointment of a professional
representative (‘gewerberechtlicher Geschäftsführer’) permanently resid-
ing 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 representa-
tive has to apply for equal status with nationals.
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.
a limited liability company (joint-stock company) may be established by
one or several founders. A founding party shall either reside within the
EEA (European Economic Area) or be an EEA legal entity. A partnership
can only be a founding party if each partner resides within the EEA (1).
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.

(1)

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

26.9.2007

EN

Official Journal of the European Union

L 251/163

Sector or subsector

Limitations on national treatment to establishment

1.

HORIZONTAL COMMITMENTS

CZ:

MT:

PL:

RO:

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.
applications by non-residents
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 %.
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.

the issue, acquisition,

for

Following reciprocity requirements, if ratified international 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.

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 and buy their
shares or stocks.
the sole administrator or the Chairman of the Board of Administration as
well as half of the total number of administrators of a commercial
company shall be Romanian citizens unless otherwise stipulated in the
company contract or in its statutes. The majority of a commercial
company's auditors and their deputies shall be Romanian citizens.

Law on foreign companies' branches

SE:

SE:

SE:

LT:

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.
the managing director of a branch shall reside within the EEA (European
Economic Area) (1).
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.
at least one of representative of the foreign company branch must be
resident in Lithuania.

(1)

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

L 251/164

EN

Official Journal of the European Union

26.9.2007

Sector or subsector

Limitations on national treatment to establishment

1.

HORIZONTAL COMMITMENTS

PL:

SI:

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.
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:

BG:

FI:

FI:

only Austrian nationals or legal entities and enterprises having their seat
in Austria may be shareholders of the Oesterreichische Nationalbank
(Austrian National Bank). Members of the management must be Austrian
nationals.
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 authorisation. Unbound for representative offices. Representa-
tive offices may not engage in economic activity.
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.
acquisition of shares by foreign owners giving more than one third of the
voting rights of a major Finnish company or a major business
undertaking (with more than 1 000 employees or with a turnover
exceeding 1 000 million Finnish markka or with a balance sheet total
exceeding over EUR 167 million) is subject to confirmation by the
Finnish authorities; the confirmation may be denied only if an important
national interest would be jeopardised. 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.
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.

If a foreign organisation or

Real estate purchases:

AT:

BG:

the acquisition, purchase as well as rent or lease of real estate by foreign
natural persons and juridical persons requires an authorisation by the
competent regional authorities (Länder) which will consider whether
important economic, social or cultural interests are affected or not.
foreign natural and juridical persons (including 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 rights (1) in real estate.

(1) The Bulgarian property law recognizes the following limited property rights: right to use, right to build, right to raise a superstructure

and servitudes.

26.9.2007

EN

Official Journal of the European Union

L 251/165

Sector or subsector

Limitations on national treatment to establishment

1.

HORIZONTAL COMMITMENTS

CY:
CZ:

EE:

DK:

ES:

EL:

IE:

HU:

LT:

LV:

MT:

RO:

SI:

unbound
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.
reservation to purchasing agricultural land and forests, as well as land in
the border areas.
limitations on real estate purchase by non-resident physical and legal
entities. Limitations on agricultural estate purchased by foreign physical
and legal entities.
reservation to the purchase of real estate by governments, official
institutions and public enterprises originating in non-Community
member countries.
according to Law 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 Defence in the case of
non-EU natural or legal persons).
prior written consent of the Land Commission is necessary for the
acquisition of any interest in Irish land by domestic or foreign companies
or foreign nationals. Where such land is for industrial use (other than
agricultural industry), this requirement is waived subject to a certificate to
this effect from the Minister for Enterprise and Employment. This law
does not apply to land within the boundaries of cities and towns.
unbound for the acquisition of State-owned properties by foreign natural
persons and juridical persons.
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.
unbound in relation to acquisition of land by juridical persons. Land
lease not exceeding 99 years permitted.
the requirements of Maltese legislation and regulations regarding the
acquisition of real property shall continue to apply.
natural persons not having Romanian citizenship and residence in
Romania, as well as legal persons not having Romanian nationality and
their headquarters in Romania, cannot acquire ownership over any kind
of land plots through inter vivos acts.
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 (1) 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.

(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.

L 251/166

EN

Official Journal of the European Union

26.9.2007

Sector or subsector

Limitations on national treatment to establishment

1.

HORIZONTAL COMMITMENTS

SK:

IT:
FI:

FI:

PL:

PL:

limitations on real estate acquisition by foreign physical and legal entities.
Foreign entities may acquire real property through establishment of
Slovak legal entities or participation in joint ventures. Acquisition of the
land by foreign entities is subject to authorisation.
unbound for purchase of real estate.
(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.
(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.
acquisition of real estate, direct and indirect, by foreigners and foreign
legal persons requires permission.
unbound, except for: buying independent apartment or buying real estate
by a foreign national living in Poland at least for five 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:

CY:

CY:

ES:

certain economic activities related to the exploitation or use of State or
public property are subject to concessions granted under the provisions
of the Concessions Act.
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.
entities with foreign participation must have paid-up capital commensu-
rate 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 require-
ments.
investment in Spain by foreign government and foreign public entities
(which tends to imply, besides economic, also non-economic interests to
entity's part), directly or through companies or other entities controlled
directly or indirectly by foreign governments, need prior authorisation by
the government.

26.9.2007

EN

Official Journal of the European Union

L 251/167

Sector or subsector

Limitations on national treatment to establishment

1.

HORIZONTAL COMMITMENTS

FR:

FR:

FR:

IT:

LT:

MT:

PT:

PL:

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

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

foreign participation in newly privatised companies may be limited to a
variable amount, determined by the government of France on a case by
case basis, of the equity offered to the public.
for establishing in certain commercial, industrial or artisanal activities, a
specific authorisation is needed if the managing director is not holder of
a permanent residence permit.
exclusive rights may be granted or maintained to newly privatised
companies. Voting rights in newly privatised companies may be
restricted in some cases. For a period of five years, the acquisition of
large equity stakes of companies operating in the fields of defence, and
energy may be subject to the approval of the Ministry of Treasury.
investments in organising the lotteries are forbidden under the Law on
Foreign Capital Investment.
companies with the participation of non-resident legal or natural persons
are subject to the same capital requirement applicable to companies that
are fully owned by residents, as follows: private companies — Lm 500
(with a minimum of 20 % as paid-up capital); public companies — Lm
200 (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.
foreign participation in newly privatised companies may be limited to a
variable amount, determined by the Government of Portugal on a case by
case basis, of the equity offered to the public.
authorisation of the establishment of a company with foreign equity is
required in the case of:

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

— management of seaports and airports,

— dealing in real estate or acting as intermediary in real estate

transactions,

— supply to defence industry that is not covered by other

licensing requirements,

— wholesale trade in imported consumer goods,

— provision of legal advisory services,

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

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

L 251/168

EN

Official Journal of the European Union

26.9.2007

Sector or subsector

Limitations on national treatment to establishment

1.

HORIZONTAL COMMITMENTS

Exchange regime (1), (2), (3)
BG:

payments and transfers abroad require the authorisation of the Bulgarian
National Bank when related to investments and State or State-guaranteed
loans (4).

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 State of the European Union or another country
which is party to the European Economic Area, and where the person is
registered in the public register as a currency exchange bureau.
under
permitted to borrow from local sources.
in relation to current payments,
exchange by resident nationals for personal purposes.

the Exchange Control Law, non-residents are not normally

limitation on acquisition of foreign

CY:

SK:

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

Residency requirements

AT:

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.
all foreigners are subject to the provisions of the Foreigners' 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
limited company
(‘Gesellschaft mit beschränkter Haftung’) and that they exert a decisive
influence on that company are exempted from the Foreign Labour Act.

a public

(1) CZ: non-discriminatory system of foreign exchange control is applied consisting of:

(2)

(3)
(4)

(a)
b)

limitation on acquisition of foreign exchange by resident nationals for personal purposes,
foreign exchange authorisation 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.

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 authorisation:
— 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.
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.

26.9.2007

EN

Official Journal of the European Union

L 251/169

Sector or subsector

Limitations on national treatment to establishment

1.

HORIZONTAL COMMITMENTS

BG:

LT:

MT:

SK:

to the provisions of

foreigners are subject

all
the Foreigners' Act
concerning entry, stay and work, including period of stay, and respective
entry and residence permits are required.
at least one of representative of the foreign company branch must be
resident in Lithuania.
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.
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.

Privatisation

BG:

RO:

unbound for participation in privatisation through State external debt
bonds and for economic sectors not subject to privatisation under the
annual privatisation programme. Unbound for participation in privatisa-
tion through investment vouchers or other preferential privatisation
methods, where Bulgarian citizenship and permanent residence are
required.
unbound

L 251/170

EN

Official Journal of the European Union

26.9.2007

2.

A.

1.

2.

B.

5.

Sector or subsector

Limitations on national treatment to establishment

SECTOR-SPECIFIC COMMITMENTS (based on UN ISIC rev.3 classification)

Agriculture, hunting, forestry

Agriculture, hunting excluding
services

Forestry, logging excluding ser-
vices

Fishing

Fishing, operation of fish
hatcheries and fish farms
excluding services.

AT:
BG:
CY:

FR:

HU:
IE:

LT:

MT:
RO:
SK:

AT:
BE:

BG:
CY:

DK:

FR:

FI:

FR:

reservation.
unbound for acquisition of agricultural land and forest.
up to 49 % non-EU participation is allowed. The indicative minimum
level of investment is CY£ 100 000.
reservation on the establishment of agricultural enterprises by nationals
of countries that are not members of the Community and the acquisition
of vineyards.
unbound
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.
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.
unbound
unbound for acquisition of agricultural land and forest.
reservation on the acquisition of land for agricultural purposes and other
land as set in the Foreign Exchange Act, unless an authorisation is
granted.

acquisition of 25 % or more of vessels registered in Austria.
reservation on the acquisition of Belgian flag vessels by shipping
companies not having their principal office in Belgium.
unbound
up to 49 % non-EU participation is allowed. The indicative minimum
level of investment is CY£ 100 000.
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.
reservation on the settling of non-Community nationals or non-EFTA
nationals on the maritime State property for fish/shellfish/algae farming.
reservation on the ownership of Finnish flag vessels, including fishing
vessels, except through an enterprise incorporated in Finland.
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.

26.9.2007

EN

Official Journal of the European Union

L 251/171

Sector or subsector

Limitations on national treatment to establishment

2.

SECTOR-SPECIFIC COMMITMENTS (based on UN ISIC rev.3 classification)

DE:

EE:

EL:

HU:
IE:

IT:

LT:
LV:

MT:
NL:

PT:

RO:
SE:

SK:

UK:

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.
ships are entitled to fly Estonian flag if located in Estonia and majority
ownership is held by Estonian nationals in general in 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.
ownership of a vessel under the Greek flag is limited to 49 per cent for
non-EU natural or legal persons.
unbound
reservation on the acquisition by non-Community nationals of sea
fishing vessels registered in Ireland.
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.
unbound
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.
unbound
reservation on the ownership of Netherlands flag vessels, unless the
investment is made by shipping companies incorporated under Nether-
lands law, established in the Kingdom and having their actual place of
management in The Netherlands.
reservation on the ownership of Portuguese flag vessels other than
through an enterprise incorporated in Portugal.
unbound
reservation on the acquisition of 50 per cent or more of Swedish flag
vessels, except through an enterprise incorporated in Sweden; establish-
ment of, or acquisition of 50 per cent or more of shares in firms engaged
in commercial fishing activities in Swedish waters, unless an authorisa-
tion 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.
reservation on the ownership of Slovak flag vessels, except through an
enterprise incorporated in the Slovak Republic.
reservation on the acquisition of UK flagged vessels, unless the
investment
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.

is at

L 251/172

EN

Official Journal of the European Union

26.9.2007

Sector or subsector

Limitations on national treatment to establishment

2.

SECTOR-SPECIFIC COMMITMENTS (based on UN ISIC rev.3 classification)

C. Mining and quarrying

10. Mining of coal and lignite;

BG:

extraction of peat

CZ:
EL:

ES:

FR:

HU:

LT:
MT:
RO:
EC:

None

BG:

11.

Extraction of crude petroleum
and natural gas; excluding ser-
vices

12. Mining of uranium and thorium

ores

13. Mining of metal ores

14. Other mining and quarrying

D. Manufacturing

15. Manufacture of food products

and beverages

16. Manufacture of tobacco prod-

ucts

17. Manufacture of textiles

18. Manufacture of wearing apparel;
dressing and dyeing of fur

19. Tanning and dressing of leather;
manufacture of luggage, hand-
bags, saddlery, harness and
footwear

20. Manufacture of wood and of
products of wood and cork,
except furniture; manufacture of
articles of straw and plaiting
materials

21. Manufacture of paper and paper

products

relevant

including mineral raw materials and ores,

the right of prospection, exploration and exploitation of natural
materials,
is subject to a
time-limited concession granted by the Bulgarian State. 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
technical, management and financial possibilities.
Unbound for the extraction of gold from rivers and salt and elements
from sea water.
unbound
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.
reservation on investment originating in non-Community member
countries in strategic minerals.
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.
the right of prospecting for, exploration and exploitation of mineral raw
materials may be subject to a time-limited concession granted by the
Hungarian State.
unbound
unbound
unbound
reservation on prospection, exploration and exploitation of hydro-
carbons: 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).

production of alcohol beverages, distillate and spirit
to
registration and can be performed by entities registered under the Trade
Law or under the legislation of an EU or EEA Member State.

is subject

Production of tobacco products and processing of tobacco is subject to
authorisation by the Council of Ministers and can be performed by
entities registered under the Trade Law or under the legislation of an 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 authorisation of the principal representative in
Bulgaria.

Activities related to disposal and management of waste are subject to
authorisation.

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Sector or subsector

Limitations on national treatment to establishment

2.

SECTOR-SPECIFIC COMMITMENTS (based on UN ISIC rev.3 classification)

22.

Publishing, printing and repro-
duction of recorded media

23. Manufacture of coke, refined

petroleum products and nuclear
fuel

24. Manufacture of chemicals and

chemical products

25. Manufacture of rubber and

plastics products

26. Manufacture of other non-
metallic mineral products

27. Manufacture of basic metals

28. Manufacture of fabricated metal
products, except machinery and
equipment

29. Manufacture of machinery and

equipment n.e.c.

30. Manufacture of office, account-
ing and computing machinery

31. Manufacture of electrical

machinery and apparatus n.e.c.

32. Manufacture of radio, television
and communication equipment
and apparatus

33. Manufacture of medical, preci-

sion and optical instruments,
watches and clocks

34. Manufacture of motor vehicles,
trailers and semi-trailers

35. Manufacture of other transport

equipment

36. Manufacture of furniture; man-

ufacturing n.e.c.

37. Recycling

OTHER MANUFACTURING

AT:

production of non-military arms and ammunitions are subject to EEA
nationality requirement. Production of military arms and 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 manufacture of and trade in arms, ammunitions, explosives and dual
use items and technologies are subject
to licensing or registration
requirement and can be performed by entities registered under the Trade
Law.

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Sector or subsector

Limitations on national treatment to establishment

SECTOR-SPECIFIC COMMITMENTS (based on UN ISIC rev.3 classification)

Electricity, gas and water
supply

2.

E.

40.

Electricity, gas steam and hot
water supply

AT:

BG:

CZ:

FR:

FI:

EL:

HU:

LV:

MT:

PT:

RO:

SK:

unbound

the activities related to electricity, gas and hot water are subject to
licensing requirement. Licences are issued to legal persons registered
under the Trade Law or under the legislation of an EU or EEA Member
State.

unbound

concessions and authorisations 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.

reservation on investment in an enterprise engaged in activities involving
nuclear energy or nuclear matter.

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.

unbound

State monopoly in the sector of electro energy.

unbound

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 by enterprises wishing
to perform those activities.

unbound

conformity with energy policy of
Reservation on investment
monopolies.

the Slovak Republic is required.
in enterprises characterised as natural

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 similar or beyond to rights and obligations of
producers and purchasers in the Slovak Republic,

— the precautions of individual producers relating to the protection
of environment are not similar or beyond to the protection of
environment carried out in the Slovak Republic,

— the import or export of electricity limits the use of electricity from

renewable sources or from domestic coal sources.

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ANNEX VII

Community's coverage on government procurement

( r e f e r r e d t o i n A r t i c l e 1 3 7 o f

t h e A s s o c i a t i o n A g r e e m e n t )

Appendix 1

ENTITIES AT CENTRAL LEVEL

Entities which procure in accordance with the provisions of this title

S e c t i o n 2

Contracting authorities of the State

Bulgaria

Администрация на Народното събрание (Administration of the National Assembly)

Администрация на Президента (Administration of the President)

Администрация на Министерския съвет (Administration of the Council of Ministers)

Конституционен съд (Constitutional Court)

Българска народна банка (Bulgarian National Bank)

Министерство на външните работи (Ministry of Foreign Affairs)

Министерство на вътрешните работи (Ministry of the Interior)

Министерство на държавната администрация и административната реформа (Ministry of State Administration and
Administrative Reform)

1.

2.

3.

4.

5.

6.

7.

8.

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 Defence (1))

17. Министерство на правосъдието (Ministry of Justice)

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)

(1) Non-warlike materials contained in section 3 of Appendix 1 to Annex XI to this Agreement.

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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 (Privatisation Agency)

(12) Агенция за следприватизационен контрол (Agency for Post-privatisation Control)

(13) Български институт по метрология (Bulgarian Institute for Metrology)

(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)

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(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)

(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)

Administraţia Prezidenţială (Presidential Administration)

Romania

Senatul României (Romanian Senate)

Camera Deputaţilor (Chamber of Deputies)

Înalta Curte de Casaţie şi Justiţie (Supreme Court)

Curtea Constituţională (Constitutional Court)

Consiliul Legislativ (Legislative Council)

Curtea de Conturi (Court of Accounts)

Consiliul Superior al Magistraturii (Superior Council of Magistracy)

Parchetul General de pe lângă Înalta Curte de Casaţie şi Justiţie (General Prosecutor's Office attached to the Supreme
Court)

1.

2.

3.

4.

5.

6.

7.

8.

9.

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 Defence (1))

(1) Non-warlike materials contained in section 3 of Appendix 1 to Annex XI to this Agreement.

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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. Direcţia Naţională Anticorupţie (National Anti-corruption Department)

34.

Inspectoratul General de Poliţie (General Inspectorate of Police)

35. Autoritatea Naţională pentru Reglementarea şi Monitorizarea Achiziţiilor Publice (National Authority for Regulating

and Monitoring Public Procurement)

36. Autoritatea Naţională de Reglementare în Comunicaţii (National Authority for Communications Regulation)

37. Autoritatea Naţională de Reglementare pentru Serviciile Publice de Gospodărie Comunală (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 Navală 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 Naţională pentru Turism (National Authority for Tourism)

46. Agenţia pentru Strategii Guvernamentale (Agency of Governmental Strategies)

47. Agenţia Naţională a Medicamentului (National Medicines Agency)

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48. Agenţia Naţională pentru Sport (National Agency for Sport)

49. Agenţia Naţională pentru Ocuparea Forţei de Muncă (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)

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:

B o d i e s :

— 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)

C a t e g o r i e s :

— Държавни предприятия по смисъла на чл. 62, ал. 3 от Търговския закон (обн., ДВ, бр. 48/18.6.1991 г.) (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 от Закона за висшето образование (обн., ДВ, бр. 112/
27.12.1995 г.) (State Universities, established pursuant to Article 13 of the Law on the Higher Education (published in
State Gazette No 112/27.12.1995)).

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— Културни институти по смисъла на Закона за закрила и развитие на културата (обн., ДВ, бр. 50/1.6.1999 г.) (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
г.) (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 г.) (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 г.), които отговарят на условията по § 1, т. 1 от
Закона за обществените поръчки (обн., ДВ, бр. 28/6.4.2004 г.)
(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 (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:

B o d i e s :

— 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 (National Radiocommunication 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)

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— 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)

— 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 (Central Laboratory of 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)

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— 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)

— Administraţia Naţională de Meteorologie (National Administration of 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)

— 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 (Training Center 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 (ASRO) (Romanian Association of Standardization)

— Asociaţia de Acreditare din România (RENAR) (Romanian Accreditation Association)

— Comisia Naţională de Prognoză (CNP) (National Commission for Prognosis)

— Institutul Naţional de Statistică (INS) (National Institute for Statstics)

— Consiliul Concurenţei (CC) (Competition Council)

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— 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 Naţional 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 Electorală Permanentă (Permanent Electoral Authority)

— Institutul Naţional de Administraţie (INA) (National Institute of Administration)

— Inspectoratul Naţional pentru Evidenţa Persoanelor (National Inspectorate for Persons' Record)

— 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)

— Agenţia Naţională 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)

— Agenţia Naţională de Cadastru şi Publicitate Imobiliară (National Agency for Cadastre and Real Estate Advertising)

— Direcţia topografică militară (Department of Military Topography)

— Administratia Naţională 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)

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— Direcţia Generală a Penitenciarelor (General Directorate for Penitentiaries)

— Oficiul Registrului Naţional al Informaţiilor Secrete de Stat (National Register Office of State Secret Information)

— Autoritatea Naţională 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’)

— 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’)

B o d i e s :

— 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)

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— 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 poliţie (Police Inspectorates)

— Centre de odihnă (Rest Houses).

Appendix 3

ENTITIES OPERATING IN THE UTILITIES SECTOR

Entities which procure in accordance with the provisions of this title

S e c t i o n 1

Contracting entities in the field of maritime or inland port or other terminal facilities

ДП „Пристанищна инфраструктура“ (Gouvernement Company ‘Ports Infrastructure’).

Bulgaria

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.12/11.2.2000 г.) (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 12/11.2.2000)).

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.12/11.2.2000 г.) (Entities
which on the bases of special or exclusive rights perform exploitation of ports for public transport with regional importance

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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 12/11.2.2000)).

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 Radiocommunica-

tions ‘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).

S e c t i o n 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 г.) (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’)

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— 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).

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L i s t o f p u b l i c a t i o n m e a n s t o b e a d d e d t o A n n e x X I I I o f

t h e A s s o c i a t i o n A g r e e m e n t

ANNEX VIII

Appendix 2

Bulgaria

N o t i c e s :

— Official Journal of the European Union

— State Gazette (http://dv.parliament.bg)

— Public Procurement Register (http://www.aop.bg)

L a w s a n d R e g u l a t i o n s :

— State Gazette

J u d i c i a l d e c i s i o n s :

— Supreme Administrative Court (http://www.sac.government.bg)

A d m i n i s t r a t i v e r u l i n g s o f g e n e r a l a p p l i c a t i o n a n d a n y p r o c e d u r e :

— Public Procurement Agency (http://www.aop.bg)

— Commission for Protection of Competition (http://www.cpc.bg)

Romania

— Official Journal of the European Union

— Official Journal of Romania

— Electronic System for Public Procurement (www.e-licitatie.ro)