Source: EURLEX
Language: en
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**Council of the**
**European Union**

**Interinstitutional File:**

**2018/0092 (NLE)**

**PROPOSAL**

**Brussels, 18 April 2018**
**(OR. en)**

**7959/18**
**ADD 8**

**WTO 63**
**SERVICES 12**
**COASI 80**

From: Secretary-General of the European Commission,
signed by Mr Jordi AYET PUIGARNAU, Director

date of receipt: 18 April 2018

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of
the European Union

No. Cion doc.: COM(2018) 193 final - ANNEX 4 - PART 1/3

Subject: ANNEX to the Proposal for a Council Decision on the signing, on behalf of
the European Union, of the Economic Partnership Agreement between the
European Union and Japan

Delegations will find attached document COM(2018) 193 final - ANNEX 4 - PART 1/3.

Encl.: COM(2018) 193 final - ANNEX 4 - PART 1/3

7959/18 ADD 8 BK/asz

## DGC 1 EN

EUROPEAN

COMMISSION

**ANNEX**

_**to the**_

Brussels, 18.4.2018
COM(2018) 193 final

ANNEX 4 – PART 1/3

**Proposal for a Council Decision**

**on the signing, on behalf of the European Union, of the Economic Partnership**

**Agreement between the European Union and Japan**

# **EN EN**

ANNEX 8-A

REGULATORY COOPERATION ON FINANCIAL REGULATION

Regulatory cooperation

1. The Parties shall work together bilaterally and in international bodies with the objective of

further strengthening global financial stability, fair and efficient markets and the protection of

investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a

financial service supplier (hereinafter referred to in this Annex as "regulatory cooperation").

2. In their regulatory cooperation, the Parties shall base themselves on the principles and

prudential standards agreed at multilateral level and follow the principles set out in

paragraphs 5 to 12 as implemented in the framework envisaged in paragraphs 19 to 21.

Scope of regulatory cooperation

3. Regulatory cooperation shall cover the entire area of financial services, which shall also

include accounting and auditing frameworks, unless otherwise agreed by the Parties.

…[Annex 8-A]/en 1

4. This Annex shall be without prejudice to the distribution and exercise of competences of

regulatory and supervisory authorities of the Parties. The Parties recognise that their

regulatory cooperation should be based on due consideration of differences in market

structures and business models that may exist between the Parties in the area of financial

services.

Principles of regulatory cooperation

5. Each Party shall make its best endeavours to ensure that internationally agreed standards for

regulation and supervision in the area of financial services are implemented and applied in its

territory. Those internationally agreed standards are, _inter alia_, the standards and principles

issued by the Basel Committee on Banking Supervision, the International Association of

Insurance Supervisors, the International Organization of Securities Commissions, and the

Financial Stability Board.

6. The Parties shall make their best endeavours to achieve mutual compatibility of their

respective regulatory and supervisory frameworks for financial services in a way that supports

the objectives referred to in paragraphs 1 and 2.

…[Annex 8-A]/en 2

7. Without prejudice to its own legislative processes, each Party shall make its best endeavours

to offer the other Party an opportunity to be informed at an early stage and to provide

comments on its planned regulatory initiatives in the area of financial services that may be of

relevance to the other Party.

8. The Parties shall be able, wherever possible, to rely on each other's rules and supervision. The

foregoing shall be without prejudice to each Party's right to assess, on the basis of its own

rules, in particular criteria for reliance, the regulatory and supervisory framework of the other

Party with a view to establishing reliance. For the purposes of any such assessment, a Party

shall not require that rules and supervision of the other Party are identical to its own rules and

supervision, but shall base its assessment on regulatory outcomes.

9. The Parties shall keep each other informed of how they provide for effective supervision and

enforcement of rules for implementing internationally agreed standards or any other rules, in

particular in the areas where one of the Parties relies on the regulatory and supervisory

framework of the other Party.

10. Each Party shall, in the process of formulating its planned regulatory initiatives in the area of

financial services, give due consideration to the impacts of that initiative on market operators

and the jurisdiction of the other Party.

…[Annex 8-A]/en 3

11. Each Party shall examine a measure which has been brought to its attention by a specific

written request of the other Party and which may have an impact on the ability of market

operators to provide financial services within the territories of the Parties, with a view to

rendering, insofar as possible, the measure mutually compatible.

12. Each Party may rescind at any time its decision to rely on the regulatory and supervisory

framework of the other Party and revert to the application and enforcement of its own rules, if

rules and supervision of the other Party are no longer equivalent in outcome, if the other Party

fails to enforce its rules effectively or if there is insufficient cooperation of the other Party in

the supervision of financial institutions. The Parties shall consult with each other in an

appropriate manner prior to reverting to the application and enforcement of their own rules.

Joint European Union-Japan financial regulatory forum

13. The Parties hereby establish the Joint European Union-Japan financial regulatory forum at the

date of entry into force of this Agreement (hereinafter referred to in this Annex as "the

forum").

…[Annex 8-A]/en 4

14. The forum is in charge of steering regulatory cooperation between the Parties. In particular,

the forum takes stock of progress and undertakes forward planning of regulatory cooperation.

The forum shall observe the principles of regulatory cooperation set out in paragraphs 5 to 12

as implemented in the framework envisaged in paragraphs 19 to 21.

15. The forum shall be composed of representatives of both the European Commission and the

Government of Japan, including the Financial Services Agency, which are at technical level in

charge of financial services regulatory issues. Without prejudice to the right of each Party to

decide on the composition of its representation in the forum, each Party may request the other

Party to invite representatives from other financial regulatory or supervisory authorities within

the territory of the other Party with a view to contributing to the forum's discussions and

preparatory work in matters related to the activity of those financial regulatory or supervisory

authorities. The other Party should give positive consideration to such request.

16. The meetings of the forum will be co-chaired by senior officials of the European Commission

and the Financial Services Agency of Japan.

17. Each Party in the forum shall designate a contact point to facilitate regulatory cooperation.

The forum may establish expert working groups to examine specific issues.

…[Annex 8-A]/en 5

18. The meetings of the forum shall be held alternately in Tokyo, Japan and in Brussels, Belgium,

at least once a year, and whenever the members of the forum consider it necessary.

Framework for regulatory cooperation

19. The forum shall develop and apply a framework for regulatory cooperation in order to

implement the principles set out in paragraphs 5 to 12.

20. The framework for regulatory cooperation shall include:

(a) a mechanism for information exchange and consultation with the other Party, in

appropriate forms, on planned regulatory initiatives, without prejudice to the legislative

and administrative processes of each Party;

(b) guidelines on reliance on each other's regulatory and supervisory framework, if possible

adapted for each specific area of financial regulation;

(c) a procedure for examining a measure referred to in paragraph 11 which has been

brought to a Party's attention by a specific request of the other Party;

…[Annex 8-A]/en 6

(d) guidelines on the governance of the forum;

(e) a process for the technical mediation referred to in paragraphs 22 to 26; and

(f) if so agreed, any other arrangements to enhance regulatory cooperation.

21. The framework for regulatory cooperation may also envisage specific arrangements to

facilitate cooperation in cross-border supervision and enforcement.

Technical mediation

22. The provisions of this Annex shall not be subject to dispute settlement under Chapter 21.

23. Without prejudice to paragraph 22, each Party may request in writing the other Party to

initiate a process of technical mediation with respect to the principles of regulatory

cooperation set out in paragraphs 5 to 12. The process of technical mediation may be initiated

only after the Parties agree on its use in a specific matter.

…[Annex 8-A]/en 7

24. Upon agreement of the Parties to initiate the process pursuant to paragraph 23, the forum shall

establish a working group for technical mediation. That working group shall be composed of

representatives of each Party and shall be chaired by a mediator with relevant expertise who

shall be independent of both Parties and who shall be appointed by the forum.

25. The chair appointed pursuant to paragraph 24 shall submit a report with the results of the

technical mediation to the co-chairs of the forum.

26. The Parties shall act in good faith in any attempt to resolve any dispute arising under this

Annex.

______________

…[Annex 8-A]/en 8

ANNEX 8-B

SCHEDULES FOR CHAPTER 8

…[Annex 8-B]/en 1

ANNEX I

RESERVATIONS FOR EXISTING MEASURES

Schedule of the European Union

Headnotes

1. The Schedule of the European Union sets out, under Articles 8.12 and 8.18 the reservations

taken by the European Union with respect to existing measures that do not conform with

obligations imposed by:

(a) Article 8.7 or 8.15;

…[Annex 8-B]/en 2

(b) Article 8.8 or 8.16;

(c) Article 8.9 or 8.17;

(d) Article 8.10; or

(e) Article 8.11.

2. The reservations of a Party are without prejudice to the rights and obligations of the Parties

under GATS.

3. Each reservation sets out the following elements:

(a) "sector" refers to the general sector in which the reservation is taken;

(b) "sub-sector" refers to the specific sector in which the reservation is taken;

…[Annex 8-B]/en 3

(c) "industry classification" refers, where applicable, to the activity covered by the

reservation according to the CPC, ISIC Rev. 3.1, or as expressly otherwise described in

that reservation;

(d) "type of reservation" specifies the obligation referred to in paragraph 1 for which a

reservation is taken;

(e) "level of government" indicates the level of government maintaining the measure for

which a reservation is taken;

(f) "measures" identifies the laws or other measures as qualified, where indicated, by the

"description" element for which the reservation is taken. A "measure" cited in the

"measures" element:

(i) means the measure as amended, continued or renewed as of the date of entry into

force of this Agreement;

(ii) includes any subordinate measure adopted or maintained under the authority of

and consistent with the measure; and

…[Annex 8-B]/en 4

(iii) includes any laws or other measures which implement a directive at Member State

level; and

(g) "description" sets out the non-conforming aspects of the existing measure for which the

reservation is taken. It may also set out commitments for liberalisation.

4. In the interpretation of a reservation, all elements of the reservation shall be considered. A

reservation shall be interpreted in the light of the relevant obligations of the Sections against

which the reservation is taken. To the extent that:

(a) the "measures" element is qualified by a liberalisation commitment from the

"description" element the "measures" element as so qualified shall prevail over all other

elements; and

(b) the "measures" element is not so qualified the "measures" element shall prevail over

other elements unless a discrepancy between the "measures" element and the other

elements considered in their totality is so substantial and material that it would be

unreasonable to conclude that the "measures" element prevails, in which case the other

elements shall prevail to the extent of that discrepancy.

…[Annex 8-B]/en 5

5. For the purposes of the Schedule of the European Union, "ISIC Rev. 3.1" means the

International Standard Industrial Classification of All Economic Activities as set out in

Statistical Office of the United Nations, Statistical Papers, Series M, No.4, ISIC

Rev. 3.1, 2002.

6. A reservation taken at the level of the European Union applies to a measure of the European

Union, to a measure of a Member State of the European Union at the central level or to a

measure of a government within a Member State of the European Union, unless the

reservation excludes a Member State of the European Union. A reservation taken by a

Member State of the European Union applies to a measure of a government at the central,

regional or local level within that Member State. For the purposes of the reservations of

Belgium, the central level of government covers the federal government and the governments

of the regions and the communities as each of them holds equipollent legislative powers. For

the purposes of the reservations of the European Union and its Member States, a regional

level of government in Finland means the Åland Islands.

…[Annex 8-B]/en 6

7. The schedule applies only to the territories of the European Union and the TFEU in

accordance with subparagraph 1(a) of the Article 1.3 and is only relevant in the context of

trade relations between the European Union and its Member States with Japan. It does not

affect the rights and obligations of the Member States under European Union law.

8. The list of reservations below does not include measures relating to qualification requirements

and procedures, technical standards and licensing requirements and procedures where they do

not constitute a market access or a national treatment limitation within the meaning of

Articles 8.7, 8.8, 8.15, and 8.16. Those measures (e.g. the need to obtain a licence, universal

service obligations, the need to have recognised qualifications in regulated sectors, the need to

pass specific examinations, including language examinations, and any non-discriminatory

requirements that certain activities may not be carried out in protected zones or areas), even if

not listed, apply in any case.

…[Annex 8-B]/en 7

9. For greater certainty, for the European Union, the obligation to grant national treatment does

not entail the requirement to extend to natural or juridical persons of Japan the treatment

granted in a Member State, pursuant to the TFEU, or to any measure adopted pursuant to that

Treaty, including their implementation in the Member States, to:

(i) natural persons; or residents of a Member State; or

(ii) juridical persons constituted; or organised under the law of another Member State; or of

the European Union and having their registered office, central administration or

principal place of business in a Member State.

Such national treatment is granted to juridical persons which are constituted or organised

under the law of a Member State or the European Union and have their registered office,

central administration or principal place of business in a Member State, including those which

are owned or controlled by natural or juridical persons of Japan.

…[Annex 8-B]/en 8

10. For greater certainty, non-discriminatory measures do not constitute a market access

limitation within the meaning of Articles 8.7 and 8.15 for:

(a) a measure requiring the separation of the ownership of infrastructure from the

ownership of the goods or services provided through that infrastructure to ensure fair

competition, for example in the fields of energy, transportation and

telecommunications;

(b) a measure restricting the concentration of ownership to ensure fair competition;

(c) a measure seeking to ensure the conservation and protection of natural resources and the

environment, including a limitation on the availability, number and scope of

concessions granted, and the imposition of a moratorium or ban;

(d) a measure limiting the number of authorisations granted because of technical or

physical constraints, for example telecommunications spectra and frequencies; or

…[Annex 8-B]/en 9

(e) a measure requiring that a certain percentage of the shareholders, owners, partners, or

directors of an enterprise be qualified or practice a certain profession such as lawyers or

accountants.

11. Measures affecting cabotage in maritime transport services are not listed in this Schedule as

they are excluded from the scope of Section B of Chapter 8, pursuant to subparagraph 2(a) of

Article 8.6 and Section C of Chapter 8, pursuant to subparagraph 2(a) of Article 8.14.

12. The following abbreviations are used in the list of reservations below:

EU European Union, including all its Member States

AT Austria

BE Belgium

BG Bulgaria

CY Cyprus

CZ Czech Republic

DE Germany

DK Denmark

EE Estonia

EL Greece

ES Spain

…[Annex 8-B]/en 10

FI Finland

FR France

HR Croatia

HU Hungary

IE Ireland

IT Italy

LT Lithuania

LU Luxembourg

LV Latvia

MT Malta

NL Netherlands

PL Poland

PT Portugal

RO Romania

SE Sweden

SI Slovenia

SK Slovak Republic

UK United Kingdom

…[Annex 8-B]/en 11

List of reservations:

Reservation No. 1 – All sectors

Reservation No. 2 – Professional services (all professions except health related)

Reservation No. 3 – Professional services (health related professions and retail of pharmaceuticals)

Reservation No. 4 – Research and development services

Reservation No. 5 – Real estate services

Reservation No. 6 – Business services

Reservation No. 7 – Communication services

Reservation No. 8 – Distribution services

Reservation No. 9 – Education services

Reservation No. 10 – Environmental services

Reservation No. 11 – Financial services

Reservation No. 12 – Health services and social services

Reservation No. 13 – Tourism and travel related services

Reservation No. 14 – Recreational, cultural and sporting services

Reservation No. 15 – Transport services and services auxiliary to transport services

Reservation No. 16 – Energy related activities

Reservation No. 17 – Agriculture, fishing and manufacturing

…[Annex 8-B]/en 12

**Reservation No. 1 – All sectors**

Sector: All sectors

Type of reservation: Market access

National treatment

Most-favoured-nation treatment

Prohibition of performance requirements

Section: Investment liberalisation and Cross-border trade in services

Level of government: EU/ Member State(unless otherwise specified)

…[Annex 8-B]/en 13

Description:

**(a)** **Type of establishment**

With respect to Investment liberalisation – National treatment:

The **EU** : All companies or firms formed in accordance with the law and regulations of the

European Union or of a Member State of the European Union and having their registered

office, central administration or principal place of business within the European Union,

including those established in the Member States of the European Union by investors of

Japan, are entitled to receive the treatment accorded by Article 54 of the TFEU. Such

treatment is not accorded to branches or agencies of companies or firms established outside

the European Union.

Treatment granted to companies or firms formed by investors of Japan in accordance with the

law of a Member State of the European Union, and having their registered office, central

administration or principal place of business within the European Union, is without prejudice

to any conditions or obligations, consistent with Section B, which may have been imposed on

such companies or firms when they established in the European Union and which shall

continue to apply.

…[Annex 8-B]/en 14

_Measures:_

**EU** : Treaty on the Functioning of the European Union.

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

The **EU** (applies also to the regional level of government): Any Member State, when selling

or disposing of its equity interests in, or the assets of, an existing state enterprise or an

existing governmental entity providing health, social or education services (CPC 93, 92), may

prohibit or impose limitations on the ownership of such interests or assets, and on the ability

of owners of such interests and assets to control any resulting enterprise, by entrepreneurs of

Japan or their enterprises. With respect to such a sale or other disposition, any Member State

of the European Union may adopt or maintain any measure relating to the nationality of senior

management or members of the boards of directors, as well as any measure limiting the

number of suppliers.

…[Annex 8-B]/en 15

For the purposes of this reservation:

(i) any measure maintained or adopted after the date of entry into force of this Agreement

that, at the time of the sale or other disposition, prohibits or imposes limitations on the

ownership of equity interests or assets or imposes nationality requirements or imposes

limitations on the numbers of suppliers described in this reservation shall be deemed to

be an existing measure; and

(ii) "state enterprise" means an enterprise owned or controlled through ownership interests

by any Member State of the European Union and includes an enterprise established after

the date of entry into force of this Agreement solely for the purposes of selling or

disposing of equity interests in, or the assets of, an existing state enterprise or

governmental entity.

_Measures:_

**EU** : As set out in the description element as indicated above.

…[Annex 8-B]/en 16

With respect to Investment liberalisation – National treatment and Cross-border trade in

services – Market access:

In **AT** : For the operation of a branch, non-European Economic Area (EEA) corporations must

appoint at least one person responsible for its representation who is resident in Austria.

Executives (managing directors, natural persons) responsible for the observance of the

Austrian Trade Act (Gewerbeordnung) must be domiciled in Austria.

_Measures:_

**AT** : Aktiengesetz, BGBL. Nr. 98/1965, § 254 (2);

GmbH-Gesetz, RGBL. Nr. 58/1906, § 107 (2); and

Gewerbeordnung, BGBL. Nr. 194/1994, § 39 (2a).

In **BG** : Foreign legal persons, unless established under the legislation of a Member State of

the European Union or of the Member State of the EEA, may conduct business and pursue

activities if established in the Republic of Bulgaria in the form of a company registered in the

Commercial Register. Establishment of branches is subject to authorisation.

…[Annex 8-B]/en 17

Representative offices of foreign enterprises are to be registered with Bulgarian Chamber of

Commerce and Industry and may not engage in economic activity but are only entitled to

advertise their owner and act as representatives or agents.

_Measures:_

**BG** : Commercial Law, Article 17a; and

Law for Encouragement of Investments, Article 24.

In **EE** : A foreign company shall appoint a director or directors for a branch. A director of a

branch must be a natural person with active legal capacity. The residence of at least one

director of a branch must be in EEA or in the Swiss Confederation.

_Measures:_

**EE** : Äriseadustik (Commercial Code) § 385.

In **FI** : At least one of the partners in a general partnership or of general partners in a limited

partnership needs to have residency in the EEA or, if the partner is a juridical person, be

domiciled (no branches allowed) in the EEA. Exemptions may be granted by the registration

authority.

…[Annex 8-B]/en 18

To carry on trade as a private entrepreneur, residency in the EEA is required.

If a foreign organisation from a country outside the EEA intends to carry on a business or

trade by establishing a branch in Finland, a trade permit is required.

Residency in the EEA is required for at least one of the ordinary and one of the deputy

members of the board of directors and for the managing director. Company exemptions may

be granted by the registration authority.

_Measures:_

**FI** : Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade)

(122/1919), s. 1;

Osuuskuntalaki (Co-Operatives Act) 1488/2001;

Osakeyhtiölaki (Limited Liabilities Company Act) (624/2006); and

Laki luottolaitostoiminnasta (Act on Credit Institutions) (121/2007).

…[Annex 8-B]/en 19

In **SE** : A foreign company, which has not established a legal entity in Sweden or is

conducting its business through a commercial agent, shall conduct its commercial operations

through a branch, registered in Sweden, with independent management and separate accounts.

The managing director and the vice-managing director, if appointed, of the branch, must

reside in the EEA. A natural person not resident in the EEA, who conducts commercial

operations in Sweden, shall appoint and register a resident representative responsible for the

operations in Sweden. Separate accounts shall be kept for the operations in Sweden. The

competent authority may in individual cases grant exemptions from the branch and residency

requirements. Building projects with duration of less than a year, conducted by a company

located or a natural person residing outside the EEA, are exempted from the requirements of

establishing a branch or appointing a resident representative.

A Swedish limited liability company may be established by a natural person resident within

the EEA, by a Swedish legal person or by a legal person that has been formed according to the

legislation in a state within the EEA and that has its registered office, headquarters or

principal place of business within the EEA. A partnership may be a founder, only if all

owners with unlimited personal liability are resident within the EEA. Founders outside the

EEA may apply for permission from the competent authority.

…[Annex 8-B]/en 20

For limited liability companies and co-operative economic associations, at least 50 per cent of

the members of the board of directors, at least 50 per cent of the deputy board members, the

managing director, the vice-managing director, and at least one of the persons authorised to

sign for the company, if any, must reside within the EEA. The competent authority may grant

exemptions from this requirement. If none of the company's or society's representatives reside

in Sweden, the board must appoint and register a person resident in Sweden, who has been

authorised to receive servings on behalf of the company or society.

Corresponding conditions prevail for establishment of all other types of legal entities.

_Measures:_

**SE** : Lag om utländska filialer m.m (Foreign Branch Offices Act) (1992:160);

Aktiebolagslagen (Companies Act) (2005:551);

The Co-operative Economic Associations Act (1987:667); and

Act on European Economic Interest Groupings (1994:1927).

In **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 Slovakia.

…[Annex 8-B]/en 21

_Measures:_

**SK** : Act 513/1991 on Commercial Code (Article 21); and

Act no 404/2011 on Residence of Aliens (Articles 22 and 32).

–
With respect to Investment liberalisation National treatment, Prohibition of performance

requirements:

In **BG** : Established companies can employ third country nationals only for positions for

which there is no requirement for Bulgarian nationality provided that the total number of third

country nationals employed by them over the past 12 months does not exceed 10 per cent of

the average number of Bulgarian nationals, nationals of other Member States of the European

Union, of states parties to the Agreement on the European Economic Area or of the Swiss

Confederation hired on an employment contract. Third country nationals cannot be employed

on positions that require Bulgarian nationality. Economic needs test is required before

employing third country nationals.

_Measures:_

**BG** : Labour Migration and Labour Mobility Act (Article 7).

…[Annex 8-B]/en 22

–
With respect to Investment liberalisation Market access, National treatment:

In **PL** : The scope of operations of a representative office may only encompass advertising and

promotion of the foreign parent company represented by the office. For all sectors except

legal services, non-European Union investors may undertake and conduct economic activity

only in the form of a limited partnership, limited joint-stock partnership, limited liability

company, and joint-stock company, while domestic companies have access also to the forms

of non-commercial partnership companies (general partnership and unlimited liability

partnership).

_Measures:_

**PL** : Act of 2 July 2004 on freedom of economic activity, Articles 13.3 and 95.1.

…[Annex 8-B]/en 23

**(b)** **Acquisition of real estate**

With respect to Investment liberalisation – National treatment:

In **AT** (applies to the regional level of government): The acquisition, purchase and rental or

leasing of real estate by non-European Union natural persons and enterprises requires

authorisation by the competent regional authorities (Länder). Authorisation will only be

granted if the acquisition is considered to be in the public (in particular economic, social and

cultural) interest.

_Measures:_

**AT** : Burgenländisches Grundverkehrsgesetz, LGBL. Nr. 25/2007;

Kärntner Grundverkehrsgesetz, LGBL. Nr. 9/2004;

NÖ- Grundverkehrsgesetz, LGBL. 6800;

OÖ- Grundverkehrsgesetz, LGBL. Nr. 88/1994;

Salzburger Grundverkehrsgesetz, LGBL. Nr. 9/2002;

Steiermärkisches Grundverkehrsgesetz, LGBL. Nr. 134/1993;

Tiroler Grundverkehrsgesetz, LGBL. Nr. 61/1996;

Voralberger Grundverkehrsgesetz, LGBL. Nr. 42/2004; and

Wiener Ausländergrundverkehrsgesetz, LGBL. Nr. 11/1998.

…[Annex 8-B]/en 24

With respect to Investment liberalisation – National treatment and Cross-border trade in

services – Market access:

In **CZ** : Agricultural and forest land can be acquired by foreign natural persons having

permanent residency in the Czech Republic and enterprises established in the Czech Republic.

Specific rules apply to agricultural and forest land under state ownership. State agricultural

land can be acquired only by Czech nationals, by municipalities and by public universities

(for training and research). Legal persons (regardless of the form or place of residence) can

acquire state agriculture land from the state only if a building, which they already own, is

built on it or if this land is indispensable for the use of such building. Only municipalities and

public universities can acquire state forests.

_Measures:_

**CZ** : Act No. 95/1999 Coll. (on Conditions relating to the transfer of agricultural land and

forests from the state ownership to ownership of other entities); and

Act No. 503/2012, Coll. on State Land Office.

…[Annex 8-B]/en 25

In **DK** : Natural persons who are not resident in Denmark, and who have not previously been

resident in Denmark for a total period of five years, must in accordance with the Danish

Acquisition Act obtain permission from the Ministry of Justice to acquire title to real property

in Denmark. This also applies for legal persons that are not registered in Denmark. For natural

persons, acquisition of real property will be permitted if the applicant is going to use the real

property as his or her primary residence. For legal persons that are not registered in Denmark,

acquisition of real property will in general be permitted, if the acquisition is a prerequisite for

the business activities of the purchaser.

Permission is also required if the applicant is going to use the real property as a secondary

dwelling. Such permission will only be granted if the applicant through an overall and

concrete assessment is regarded to have particular strong ties to Denmark.

Permission under the Acquisition Act is only granted for the acquisition of a specific real

property.

Specifically, acquisition of agricultural land by natural or legal persons is also governed by

the Danish Agricultural Holdings Act, which imposes restrictions on all persons, Danish or

foreign, when acquiring agricultural property. Accordingly, any natural or legal person, who

wishes to acquire agricultural real property, must also fulfil the requirements in this Act.

…[Annex 8-B]/en 26

_Measures:_

**DK** : Danish Act on Acquisition of Real Property (Consolidation Act No. 265 of

31 March 2014 on Acquisition of Real Property);

Acquisition Executive Order (Executive Order No. 764 of 18 September 1995); and

Agricultural Holdings Act (Consolidation Act No. 26 of 14 January 2015).

In **HR** : Foreign companies are only allowed to acquire real estate for the supply of services if

they are established and incorporated in Croatia as legal persons. Acquisition of real estate

necessary for the supply of services by branches requires the approval of the Ministry of

Justice. Agricultural land cannot be acquired by foreigners.

_Measures:_

**HR** : Law on Possession and other Material Rights (OG 91/96, 68/98, 137/99, 22/00, 73/00,

114/01, 79/06, 141/06, 146/08, 38/09 and 153/09);

Agricultural Land Act (OG 152/08, 25/09, 153/09, 21/10, 31/11 and 63/11), Article 2;

Ownership and other Proprietary Rights Act, Articles 354 to 358.b;

Agricultural Land Act; and

General Administrative Procedure Act.

…[Annex 8-B]/en 27

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment

In **CY** : Cypriots or persons of Cypriot origin, as well as nationals of a Member State of the

European Union, are allowed to acquire any property in Cyprus without restrictions. A

foreigner shall not acquire, otherwise than _mortis causa_, any immovable property without

obtaining a permit from the Council of Ministers. For foreigners, where the acquisition of

immovable property exceeds the extent necessary for the erection of a premises for a house or

professional roof, or otherwise exceeds the extent of two donums (2,676 square meter), any

permit granted by the Council of Ministers shall be subject to such terms, limitations,

conditions and criteria which are set by Regulations made by the Council of Ministers and

approved by the House of Representatives. A foreigner is any person who is not a citizen of

the Republic of Cyprus, including a foreign controlled company. The term does not include

foreigners of Cypriot origin or non-Cypriot spouses of citizens of the Republic of Cyprus.

_Measures:_

**CY** : Immovable Property Acquisition (Aliens) Law (Chapter 109), as amended by laws

number 52 of 1969, 55 of 1972, 50 of 1990, 54(I) of 2003 and 161(I)/2011.

…[Annex 8-B]/en 28

In **EL** : For foreign natural or legal persons, discretionary permission from the Ministry of

Defence is needed for 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.

_Measures:_

**EL** : Law 1892/1990, as amended by Article 114 of Law 3978/2011, in combination, as far as

the application is concerned, with the ministerial decision 110/3/330340/Σ.120/7-4-14 of the

Ministry of Defense.

In **HU** : The purchase of real estate by non-residents is subject to obtaining authorisation from

the appropriate administrative authority responsible for the geographical location of the

property.

_Measures:_

**HU** : Government Decree No. 251/2014 (X. 2.) on the Acquisition by Foreign Nationals of

Real Estate other than Land Used for Agricultural or Forestry Purposes; and

Act LXXVIII of 1993 (Paragraph 1/A).

…[Annex 8-B]/en 29

In **MT** : Non-nationals of a Member State of the European Union may not acquire immovable

property for commercial purposes. Companies with 25 per cent (or more) of non-European

Union shareholding must obtain an authorisation from the competent authority (Minister

responsible for Finance) to buy immovable property for commercial or business purposes.

The competent authority will determine whether the proposed acquisition represents a net

benefit to the Maltese economy.

_Measures:_

**MT** : Immovable Property (Acquisition by Non-Residents) Act (Cap. 246); and

Protocol No 6 of the EU Accession Treaty on the acquisition of secondary residences in

Malta.

In **PL** : The acquisition of real estate, direct and indirect, by foreigners requires a permit. A

permit is issued through an administrative decision by a minister competent in internal affairs,

with the consent of the Minister of National Defence, and in the case of agricultural real

estate, also with the consent of the Minister of Agriculture and Rural Development.

_Measures:_

**PL** : Law of 24th March 1920 on the Acquisition of Real Estate by Foreigners (Journal of

Laws of 2016, item 1061 as amended).

…[Annex 8-B]/en 30

With respect to Investment liberalisation – Market access, National treatment, Most-favoured

nation treatment:

In **LV** : Acquisition of urban land by nationals of Japan is permitted through incorporated

companies registered in Latvia or other Member States of the European Union:

(i) if more than 50 per cent of their equity capital is owned by nationals of Member States

of the European Union, the Latvian Government or a municipality, separately or in

total;

(ii) if more than 50 per cent of their equity capital is owned by natural persons and

companies of third country with whom Latvia has concluded bilateral agreements on

promotion and reciprocal protection of investments and which have been approved by

the Latvian Parliament before 31 December 1996;

(iii) if more than 50 per cent of their equity capital is possessed by natural persons and

companies of third country with whom Latvia has concluded bilateral agreements on

promotion and reciprocal protection of investments after 31 December 1996, if in those

agreements the rights of Latvian natural persons and companies on acquisition of land

in the respective third country have been determined;

…[Annex 8-B]/en 31

(iv) if more than 50 per cent of their equity capital is possessed jointly by persons referred to

in subparagraphs (i) to (iii); or

(v) which are public joint stock companies, if their shares thereof are quoted in the stock

exchange.

Where Japan allows Latvian nationals and enterprises to purchase urban real estate in their

territories, Latvia will allow nationals and enterprises of Japan to purchase urban real estate in

Latvia under the same conditions as Latvian nationals.

_Measures:_

**LV** : Law on land reform in the cities of the Republic of Latvia, Section 20 and 21.

In **RO** : Foreign nationals, stateless persons and legal persons (other than nationals of a

Member State of the European Union and nationals of a Member State of the EEA) may

acquire property rights over lands, under the conditions regulated by international treaties,

based on reciprocity. Foreign nationals, stateless persons and juridical persons may not

acquire the property right over lands under more favourable conditions than those applicable

to the national of a Member State of the European Union and to juridical persons established

according to the legislation of a Member State of the European Union.

…[Annex 8-B]/en 32

_Measures:_

**RO** : Law 17/2014 on some measures regulating the selling-buying agricultural land situated

outside town and amending; and

Law no. 268/2001 on the privatization of companies that own land in public ownership and

private management of the state for agricultural and establishing the State Domains Agency,

with subsequent amendments.

With respect to Investment liberalisation - National treatment, Most-favoured-nation

treatment:

In **DE** : Certain conditions of reciprocity may apply for the acquisition of real estate.

…[Annex 8-B]/en 33

_Measures:_

**DE** : Introductory Law to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche,

EGBGB).

In **ES** : Foreign investment in activities directly relating to real estate investments for

diplomatic missions by states that are not Member States of the European Union requires an

administrative authorisation from the Spanish Council of Ministers, unless there is a

reciprocal liberalisation agreement in place.

_Measures:_

**ES** : Royal Decree 664/1999 of 23 April 1999 relating to foreign investment.

…[Annex 8-B]/en 34

**Reservation No. 2 - Professional services (all professions except health-related)**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Professional services – legal services; patent agent, industrial

property agent, intellectual property attorney; accounting and

bookkeeping services; auditing services, taxation advisory services

architecture and urban planning services, engineering services and

integrated engineering services

CPC 861, 862, 863, 8671, 8672, 8673, 8674, part of 879

Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

EU/Member State(unless otherwise specified)

…[Annex 8-B]/en 35

Description:

**(a)** **Legal services (part of CPC 861)**

For greater certainty, consistent with the Headnotes, in particular paragraph 9, requirements to

register with a Bar may include a requirement to having obtained a law degree in the host

country or equivalent, or having done some training under supervision of a licensed lawyer, or

requiring upon membership an office or a post address within the Bar's jurisdiction. To the

extent those requirements are non-discriminatory, they are not listed.

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **AT** : EEA or Swiss nationality as well as residency (commercial presence) is required for

the practice of legal services in respect of domestic (European Union and Member State) law,

including representation before courts. The practice of legal services in respect of public

international law and home country law is only allowed on a cross-border basis. Only lawyers

of EEA or Swiss nationality are allowed to provide legal services through commercial

presence. Equity participation and shares in the operating result of any law firm by foreign

lawyers (who must be fully qualified in their home country) is allowed up to 25 per cent; the

rest must be held by fully qualified EEA or Swiss lawyers and only the latter may exercise

decisive influence in the decision making of the law firm.

…[Annex 8-B]/en 36

_Measures:_

**AT** : Rechtsanwaltsordnung (Lawyers Act) - RAO, RGBl. Nr. 96/1868, Articles 1 and 21c.

In **BE** : Residency is required for full admission to the Bar, and necessary for the practice of

legal services in respect of Belgian domestic law, including representation before courts. The

residency requirement for a foreign lawyer to obtain full admission to the Bar is at least six

years from the date of application for registration, three years under certain conditions.

Requirement to have a certificate issued by the Belgian Minister of Foreign Affairs under

which the national law or international convention allows reciprocity (reciprocity condition).

Representation before "the Cour de Cassation" is subject to quota.

_Measures:_

**BE** : Belgian Judicial Code (Articles 428-508); Royal Decree of 24 August 1970.

…[Annex 8-B]/en 37

In **BG** (with respect also to Most-favoured-nation treatment): The practice of legal services in

respect of domestic (European Union and Member State) law, including representation before

courts, is reserved to nationals of a Member State of the European Union or foreign nationals,

who are qualified lawyers and have obtained their diploma providing the capacity to practice

in a Member State of the European Union. Non-discriminatory legal form requirements apply.

Foreign lawyers may be admitted to act as an attorney by a decision of the Supreme Bar

Council and must be registered in the Unified register of foreign lawyers. Enterprises must be

registered in Bulgaria as a lawyer partnership ("advokatsko sadrujie") or a law firm

("advokatsko drujestvo"). The name of the law firm may only include the names of the

registered partners. Foreign lawyers must be accompanied by a Bulgarian lawyer for

representation before courts. Permanent residency is required for legal mediation services. In

Bulgaria, full national treatment on the establishment and operation of companies, as well as

on the supply of services, may be extended only to companies established in, and citizens of,

countries with whom bilateral agreements on mutual legal assistance have been or will be

concluded.

_Measures:_

**BG** : Attorney Law; Law for Mediation; and Law for the Notaries and Notarial Activity.

…[Annex 8-B]/en 38

In **CY** : EEA or Swiss nationality as well as residency (commercial presence) is required for

the practice of legal services, including representation before courts. Only advocates enrolled

in the Bar may be partners or shareholders or members of the board of directors in a law

company in Cyprus. Non-discriminatory legal form requirements apply.

_Measures:_

**CY** : Advocates Law (Chapter 2), as amended by laws number 42 of 1961, 20 of 1963, 46 of

1970, 40 of 1975, 55 of 1978, 71 of 1981, 92 of 1983, 98 of 1984, 17 of 1985, 52 of 1985, 9

of 1989, 175 of 1991, 212 of 1991, 9(I) of 1993, 56(I) of 1993, 83(I) of 1994, 76(I) of 1995,

103(I) of 1996, 79(I) of 2000, 31(I) of 2001, 41(I) of 2002, 180(I) of 2002, 117(I) of 2003,

130(I) of 2003, 199(I) of 2004, 264(I) of 2004, 21(I) of 2005, 65(I) of 2005, 124(I) of 2005,

158(I) of 2005, 175(I) of 2006, 117(I) of 2007, 103(I) of 2008, 109(I) of 2008, 11(I) of 2009,

130(I) of 2009, 4(I) of 2010, 65(I) of 2010, 14(I) of 2011, 144(I) of 2011, 116(I) of 2012 and

18(Ι) of 2013.

In **CZ** : Non-discriminatory legal form requirements apply. Full admission to the Bar is

required for the practice of legal services in respect of European Union law and the law of a

Member State of the European Union, including representation before courts. For the practice

of legal services in respect of domestic (European Union and Member State) law, including

representation before courts, EEA or Swiss nationality and residency in Czech Republic is

required.

…[Annex 8-B]/en 39

_Measures:_

**CZ** : Act No. 85/1996 Coll., the Legal Profession Act.

In **DE** : Only lawyers with EEA and Swiss qualification may be admitted to the Bar and are

thus entitled to provide legal service in respect of domestic law. Commercial presence is

required in order to obtain full admission to the Bar. Exemptions may be granted by the

competent bar association. Foreign lawyers (other than EEA and Swiss qualification) may

only acquire a minority share if they wish to have their commercial presence in the form of an

Anwalts-GmbH or Anwalts-AG. Foreign lawyers can offer legal services in foreign law when

they prove expert knowledge, registration is required for legal services in Germany.

_Measures:_

**DE** : § 59e, § 59f, § 206 Bundesrechtsanwaltsordnung (BRAO; Federal Lawyers Act);

Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG); and

§ 10 Rechtsdienstleistungsgesetz (RDG).

In **DK** : Requirements apply for the performing of legal services under the title "advokat"

(lawyer). For law firms, non-discriminatory legal form requirements apply. Furthermore, 90

per cent of shares of a Danish law firm must be owned by lawyers with a Danish license,

lawyers qualified in a Member State of the European Union and registered in Denmark or law

firms registered in Denmark.

…[Annex 8-B]/en 40

_Measures:_

**DK** : Lovbekendtgørelse nr. 1257 af 13. Oktober 2016 (Act No 1257 of 13 October 2016 on

the administration of justice).

In **EE** : Residency (commercial presence) is required for the practice of legal services in

respect of domestic (European Union and Member State) law, participation in criminal

proceedings representation before the Supreme Court. Non-discriminatory legal form

requirements apply.

_Measures:_

**EE** : Advokatuuriseadus (Bar Association Act);

Notariaadiseadus (Notaries Act);

Kohtutäituri seadus (Bailiffs Act), tsiviilkohtumenetluse seadustik (Code of Civil Procedure);

halduskohtumenetluse seadus (Code of Administrative Court Procedure);

kriminaalmenetluse seadustik (Code of Criminal Procedure); and

väiäirteomenetluse seadustik (Code of Misdemeanour Procedure).

In **EL** : EEA or Swiss nationality and residency (commercial presence) is required for the

practice of legal services in respect of domestic (European Union and Member State) law,

including representation before courts.

…[Annex 8-B]/en 41

Non-discriminatory legal form requirements apply.

_Measures:_

**EL** : New Lawyers' Code n. 4194/2013.

In **ES** : EEA or Swiss nationality is required for the practice of legal services in respect of

domestic (European Union and Member State) law, including representation before courts.

The competent authorities may grant nationality waivers. Non-discriminatory legal form

requirements apply.

_Measures:_

**ES** : Estatuto General de la Abogacía Española, aprobado por Real Decreto 658/2001,

Article 13.1ª.

In **FI** : EEA or Swiss residency and Bar membership is required for the use of the professional

title of "advocate" (in Finnish "asianajaja" or in Swedish "advokat"). Legal services, including

Finnish domestic law, may also be provided by non-Bar members.

_Measures:_

**FI** : Laki asianajajista (Advocates Act) (496/1958), ss. 1 and 3; and

Oikeudenkäymiskaari (4/1734) (Code of Judicial Procedure).

…[Annex 8-B]/en 42

In **FR** : Residency or establishment is required for full admission to the Bar, necessary for the

practice of legal services in respect of French domestic law, including representation before

courts. Non-discriminatory legal form requirements apply. In a law firm providing services in

respect of French or European Union law, shareholding and voting rights may be subject to

quantitative restrictions related to the professional activity of the partners. Representation

before "the Cour de Cassation" and "Conseil d'Etat" is subject to quotas.

_Measures:_

**FR** : Loi du 31 décembre 1971, article 56, Loi 90-1258 relative à l'exercice sous forme de

société des professions libérales, Loi 90- 1259 du 31 décembre 1990, article 7.

In **HR** : European Union nationality is required for the practice of legal services in respect of

domestic (European Union and Member State) law, including representation before courts. In

proceedings involving international law, parties may be represented before arbitration courts

and _ad hoc_ courts by foreign lawyers who are members of their home country bar association.

_Measures:_

**HR** : Legal Profession Act (OG 9/94, 51/01, 117/08, 75/09, 18/11).

…[Annex 8-B]/en 43

In **HU** : EEA or Swiss nationality and residency (commercial presence) is required for the

practice of legal services in respect of domestic (European Union and Member State) law,

including representation before courts.

Foreign lawyers may provide legal advice on home country and international law in

partnership with a Hungarian attorney or a law firm. Commercial presence should take the

form of partnership with a Hungarian barrister (ügyvéd) or a barrister's office (ügyvédi iroda).

_Measures:_

**HU** : ACT XI of 1998 on Attorneys at Law.

In **IE** : Residency (commercial presence) is required for the practice of legal services in

respect of Irish domestic law, including representation before courts. Non-discriminatory

legal form requirements apply.

_Measures:_

**IE** : Solicitors Acts 1954-2011.

…[Annex 8-B]/en 44

In **IT** : Residency (commercial presence) is required for the practice of legal services in

respect of domestic (European Union and Member State) law, including representation before

courts. Non-discriminatory legal form requirements apply.

_Measures:_

**IT** : Royal Decree 1578/1933, Article 17 law on the legal profession.

In **LT** : (With respect also to Most-favoured-nation treatment) EEA or Swiss nationality and

residency (commercial presence) is required for the practice of legal services in respect of

domestic (European Union and Member State) law, including representation before courts.

Non-discriminatory legal form requirements apply. Attorneys from foreign countries can

practice as advocates in court only in accordance with bilateral agreements on mutual legal

assistance.

…[Annex 8-B]/en 45

Full admission to the Bar is required for the practice of legal services in respect of European

Union law and the law of a Member State of the European Union, including representation

before courts. To provide legal services in respect of domestic (European Union and Member

States) law, commercial presence may be required to take one of the legal forms which are

allowed under national law on a non-discriminatory basis. Some types of legal form may be

reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis. Only

nationals of a Member State of the EEA or of the Swiss Confederation may be admitted to the

Bar, and are thus entitled to provide legal services in respect of domestic law. Attorneys from

foreign countries can act as advocates in court only in accordance with bilateral agreements

on legal assistance.

_Measures:_

**LT** : Law on the Bar of the Republic of Lithuania of 18 March 2004 No. IX-2066 as last

amended on 17 November 2011 No.XI-1688.

In **LU** : EEA or Swiss nationality and residency (commercial presence) is required for the

practice of legal services in respect of Luxembourg domestic law, including representation

before courts.

The Council of the Order may, on the basis of reciprocity, agree to waive the nationality

requirement for a foreign national. Non-discriminatory legal form requirements apply.

…[Annex 8-B]/en 46

_Measures:_

**LU** : Loi du 16 décembre 2011 modifiant la loi du 10 août 1991 sur la profession d'avocat.

In **LV** (with respect also to Most-favoured-nation treatment): EEA or Swiss nationality is

required for the practice of legal services in respect of Latvian domestic criminal law,

including representation before courts. Attorneys from foreign countries can practise as

advocates in court only in accordance with bilateral agreements on mutual legal assistance.

For European Union or foreign advocates, special requirements exist. For example,

participation in court proceedings in criminal cases is only permitted in association with an

advocate of the Latvian Collegium of Sworn Advocates. Non-discriminatory legal form

requirements apply.

_Measures:_

**LV** : Criminal Procedure Law, s. 79; and Advocacy Law of the Republic of Latvia, s. 4.

In **MT** : EEA or Swiss nationality as well as residency (commercial presence) is required for

the practice of legal services in respect of Maltese domestic law, including representation

before courts.

Non-discriminatory legal form requirements apply.

…[Annex 8-B]/en 47

_Measures:_

**MT** : Code of Organisation and Civil Procedure (Cap. 12).

In **NL** : Only locally-licensed lawyers registered in the Dutch registry can use the title

"advocate". Instead of using the full term "advocate", (non-registered) foreign lawyers are

obliged to mention their home country professional organisation for the purposes of their

activities in the Netherlands.

Non-discriminatory legal form requirements apply.

_Measures:_

**NL** : Advocatenwet (Act on Advocates).

In **PL** : Foreign lawyers may establish only in the form of a registered partnership, a limited

partnership or a limited joint-stock partnership.

_Measures:_

**PL** : Act of 5 July 2002 on the provision by foreign lawyers of legal assistance in the Republic

of Poland, Article 19.

…[Annex 8-B]/en 48

In **PT** (with respect also to Most-favoured-nation treatment): residency (commercial

presence) is required in order to practice Portuguese domestic law. For representation before

courts, full admission to the Bar is required. Foreigners holding a diploma awarded by any

Faculty of Law in Portugal, may register with the Portuguese Bar (Ordem dos Advogados),

under the same terms as Portuguese nationals, if their respective country grants Portuguese

nationals reciprocal treatment.

Other foreigners holding a Degree in Law which has been acknowledged by a Faculty of Law

in Portugal may register as members of the Bar Association provided they undergo the

required articling and pass the final assessment and admission exam. To provide legal

services, commercial presence may be required to take one of the legal forms which are

allowed under national law on a non-discriminatory basis. Only law firms where the shares

belong exclusively to lawyers admitted to the Portuguese Bar can practice in Portugal.

_Measures:_

**PT** : Law 15/2005, Articles 203, 194;

Portuguese Bar Statute (Estatuto da Ordem dos Advogados) and Decree-Law 229/2004,

Articles 5, 7 – 9;

Decree-law 88/2003, Articles 77 and 102;

Solicitadores Public Professional Association Statute (Estatuto da Câmara dos Solicitadores),

as amended by Law 49/2004, by Law 14/2006 and by Decree-Law n.º 226/2008;

…[Annex 8-B]/en 49

Law 78/2001, Articles 31, 4;

Regulation of family and labour mediation (Ordinance 282/2010);

Law 21/2007 on criminal mediation, Article 12;

Law 32/2004 (as modified by Decree-Law 282/2007 and Law 34/2009) on Insolvency

administrator, Articles 3 and 5; and

among others, Decree-Law 54/2004, Article 1 (Regime jurídico das sociedades de

administradores de insolvência).

In **RO** : Non-discriminatory legal form requirements apply. A foreign lawyer may not make

oral or written conclusions before the courts and other judicial bodies, except for international

arbitration.

_Measures:_

**RO** : Attorney Law;

Law for Mediation; and

Law for the Notaries and the Notarial Activity.

In **SE** : EEA or Swiss residency is required for admission to the Bar and use of the title of

"advokat".

…[Annex 8-B]/en 50

Exemptions may be granted by the board of the Swedish Bar Association. Admission to the

Bar is not necessary for the practice of Swedish domestic law. A member of the Swedish Bar

Association may not be employed by anyone other than a Bar member or a company

conducting the business of a Bar member. However, a Bar member may be employed by a

foreign company conducting the business of an advocate, provided that the company in

question is domiciled in a country within the European Union, the EEA or Switzerland.

Subject to an exemption from the Board of the Swedish Bar Association, a member of the

Swedish Bar Association may also be employed by a non-European Union law firm. Bar

members conducting their practice in the form of a company or a partnership may not have

any other objective and may not carry out any other business than the practice of an advocate.

Collaboration with other advocate businesses is permitted, however, collaboration with

foreign businesses requires permission by the Board of the Swedish Bar Association.

Only a Bar member may directly or indirectly, or through a company, practice as an advocate,

own shares in the company or be a partner. Only a member may be a member or deputy

member of the Board or deputy managing director, or an authorised signatory or secretary of

the company or the partnership.

_Measures:_

**SE** : Rättegångsbalken (The Swedish Code of Judicial Procedure) (1942:740); and

Swedish Bar Association Code of Conduct adopted 29 August 2008.

…[Annex 8-B]/en 51

In **SI** : Representing clients before the court against payment is conditioned by commercial

presence in Republic of Slovenia. A foreign lawyer who has the right to practise law in a

foreign country may perform legal services or practise law under the conditions laid down in

Article 34a of the Attorneys Act, provided the condition of actual reciprocity is fulfilled.

Compliance with the condition of reciprocity is verified by the Ministry of Justice.

Commercial presence for appointed attorneys by the Slovene Bar Association is restricted to

sole proprietorship, law firm with limited liability (partnership) or to a law firm with

unlimited liability (partnership) only. The activities of a law firm shall be restricted to the

practice of law. Only attorneys may be partners in a law firm.

_Measures:_

**SI** : Zakon o odvetništvu (Neuradno prečiščeno besedilo-ZOdv-NPB2 Državnega Zbora RS z

dne 21.5.2009 (Attorneys Act) unofficial consolidated text prepared by the Slovenian

parliament from 21 5.2009).

In **SK** : EEA or Swiss nationality as well as residency (commercial presence) is required for

the practice of legal services in respect of Slovak domestic law, including representation

before courts.

Non-discriminatory legal form requirements apply.

…[Annex 8-B]/en 52

_Measures:_

**SK** : Act 586/2003 on Advocacy, Articles 2 and 12.

In **UK** : Residency (commercial presence) may be required by the relevant professional or

regulatory body for the provision of some UK domestic legal services. Non-discriminatory

legal form requirements apply.

_Measures:_

**UK** : For England and Wales, the Solicitors Act 1974, the Administration of Justice Act 1985

and the Legal Services Act 2007. For Scotland, the Solicitors (Scotland) Act 1980 and the

Legal Services (Scotland) Act 2010. For Northern Ireland, the Solicitors (Northern Ireland)

Order 1976. In addition, the measures applicable in each jurisdiction include any requirements

set by professional and regulatory bodies.

…[Annex 8-B]/en 53

**(b)** **Patent agents, industrial property agents, intellectual property attorneys (part of CPC**

**879, 861, 8613)**

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services - Market access, National treatment:

In **BG**, **CY**, **EE** and **LT** : EEA or Swiss nationality is required for the practice of patent

agency services.

In **DE** : Only patent lawyers with German qualification may be admitted to the Bar and are

thus entitled to provide patent agent services in Germany in domestic law. Foreign patent

lawyers can offer legal services in foreign law when they prove expert knowledge,

registration is required for legal services in Germany. Foreign (other than EEA and Swiss

qualification) patent lawyers may not establish a firm together with national patent lawyers.

Foreign (other than EEA and Swiss) patent lawyers may have their commercial presence only

in the form of a Patentanwalts-GmbH or Patentanwalt-AG and may only acquire a minority

share.

…[Annex 8-B]/en 54

In **EE**, **FI** and **HU** : EEA residency is required for the practice of patent agency services, in EE

permanent residency.

In **ES** and **PT** : EEA nationality is required for the practice of industrial property agent

services.

In **IE** : EEA residency, EEA commercial presence and prescribed educational and professional

qualifications are required for the practice of patent or intellectual property attorney services.

Legal form requires that at least one of the directors, partners, managers or employees of a

company to be registered as a patent or intellectual property attorney in Ireland. Cross-border

basis requires EEA nationality and commercial presence, principal place of business in an

EEA Member State, qualification under the law of an EEA Member State.

In **SI** : A holder or applicant of registered rights (patents, trademarks and design protection)

who is not resident in Slovenia shall have a patent agent or a trademark and design agent who

is registered in Slovenia, for the main purpose of services of process, notification, etc.

_Measures:_

**BG** : Article 4 of the Ordinance for Representatives regarding Intellectual Property.

…[Annex 8-B]/en 55

**CY** : Advocates Law (Chapter 2), as amended by laws number 42 of 1961, 20 of 1963, 46 of

1970, 40 of 1975, 55 of 1978, 71 of 1981, 92 of 1983, 98 of 1984, 17 of 1985, 52 of 1985, 9

of 1989, 175 of 1991, 212 of 1991, 9(I) of 1993, 56(I) of 1993, 83(I) of 1994, 76(I) of 1995,

103(I) of 1996, 79(I) of 2000, 31(I) of 2001, 41(I) of 2002, 180(I) of 2002, 117(I) of 2003,

130(I) of 2003, 199(I) of 2004, 264(I) of 2004, 21(I) of 2005, 65(I) of 2005, 124(I) of 2005,

158(I) of 2005, 175(I) of 2006, 117(I) of 2007, 103(I) of 2008, 109(I) of 2008, 11(I) of 2009,

130(I) of 2009, 4(I) of 2010, 65(I) of 2010, 14(I) of 2011, 144(I) of 2011, 116(I) of 2012 and

18(Ι) of 2013.

**DE** : § 52e, § 52 f, § 154a und § 154 b Patentanwaltsordnung (PAO).

**EE** : Patendivoliniku seadus (Patent Agents Act) § 2, § 14.

**ES** : Ley 11/1986, de 20 de marzo, de Patentes de Invención y Modelos de utilidad, Articles

155-157.

**FI** : Tavaramerkkilaki (Trademarks Act) (7/1964);

Act on Authorized Industrial Property Attorneys (22/2014); and

Laki kasvinjalostajanoikeudesta (Plant Breeder's Right Act) 1279/2009; and Mallioikeuslaki

(Registered Designs Act) 221/1971.

**HU** : Act XXXII of 1995 on Patent Attorneys.

…[Annex 8-B]/en 56

**IE** : Section 85 and 86 of the Trade Marks Act 1996, as amended;

Rule 51 of the Trade Marks Rules 1996, as amended;

Section 106 and 107 of the Patent Act 1992, as amended; and

Register of Patent Agent Rules S.I. 580 of 2015.

**LT** : Law on Trade Marks of 10 October 2000 No. VIII-1981;

Law on Designs of 7 November 2002 No. IX-1181;

Patent Law of 18 January 1994 No. I-372;

Law on the Legal Protection of Topographies of Semiconductor Products of 16 June 1998;

and

Patent Attorneys Regulation, approved by the Order of Government of the Republic of

Lithuania on 20 May 1992 No.362 (as last amended on 8 November 2004 No. 1410).

**PT** : Decree-Law 15/95, as modified by Law 17/2010, by Portaria 1200/2010, Article 5, and

by Portaria 239/2013; and

Law 9/2009.

**SI** : Zakon o industrijski lastnini (Industrial Property Act), Uradni list RS, št. 51/06 – uradno

prečiščeno besedilo in 100/13 (Official Gazette of the Republic of Slovenia, No. 51/06 –

official consolidated text and 100/13).

…[Annex 8-B]/en 57

**(c)** **Accounting and bookkeeping services (CPC 8621 other than auditing services, 86213,**

**86219, 86220)**

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **AT** : The capital interests and voting rights of foreign accountants, bookkeepers, qualified

according to the law of their home country, in an Austrian enterprise may not exceed 25 per

cent. The service supplier must have an office or professional seat in the EEA (CPC 862).

In **FR** : The provision of accounting and bookkeeping services by a foreign service supplier is

conditional on a decision of the Minister of Economics, Finance and Industry, in agreement

with the Minister of Foreign Affairs. Provision only through SEL (anonyme, à responsabilité

limitée ou en commandite par actions), AGC (Association de gestion et comptabilité) or SCP

(Société civile professionnelle) (CPC 86213, 86219, 86220).

In **IT** : Residence or business domicile is required for enrolment in the professional register,

which is necessary for the provision of accounting and bookkeeping services (CPC 86213,

86219, 86220).

…[Annex 8-B]/en 58

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

In **CY** : Access is restricted to natural persons. Authorisation is required, subject to an

economic needs test. Main criteria: the employment situation in the sub-sector. Professional

associations (partnerships) between natural persons are permitted.

With respect to Cross-border trade in services – Market access:

In **SI** : Establishment in the European Union is required in order to provide accounting and

bookkeeping services (CPC 86213, 86219, 86220).

_Measures:_

**AT** : Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl.

I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4; and

Bilanzbuchhaltungsgesetz (BibuG), BGBL. I Nr. 191/2013, §§ 7, 11, 28.

**CY** : Law 42(I)/2009.

**FR** : Ordonnance 45-2138 du 19 septembre 1945, articles 3, 7, 7 ter, 7 quinquies, 27 et 42 bis.

…[Annex 8-B]/en 59

**IT** : Legislative Decree 139/2005; and

Law 248/2006.

**SI** : Auditing Act (ZRev-2), Official Gazette RS No 65/2008;

Companies Act (ZGD-1), Official Gazette RS No 42/2006; and

Act on services in the internal market, Official Gazette RS No 21/10.

**(d)** **Auditing services (CPC – 86211, 86212 other than accounting and bookkeeping services)**

With respect to Investment liberalisation –National treatment and Cross-border trade in

services – National treatment:

In **EU** : The competent authorities of a Member State of the European Union may recognise

the equivalence of the qualifications of an auditor who is a national of Japan or of any third

country in order to approve them to act as a statutory auditor in the European Union subject to

reciprocity (CPC 8621).

With respect to Investment liberalisation – Market access:

In **BG** : Non-discriminatory legal form requirements may apply.

…[Annex 8-B]/en 60

–
With respect to Investment liberalisation Market access, National treatment, Senior

management and boards of directors and Cross-border trade in services – Market access,

National treatment:

In **SK** : Only an enterprise in which at least 60 per cent of capital interests or voting rights are

reserved to Slovak nationals or nationals of a Member State of the European Union may be

authorised to carry out audits in the Slovak Republic.

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **AT** : The capital interests and voting rights of foreign auditors, qualified according to the

law of their home country, in an Austrian enterprise may not exceed 25 per cent. The service

supplier must have an office or professional seat in the EEA.

…[Annex 8-B]/en 61

In **DE** : Auditing companies ("Wirtschaftsprüfungsgesellschaften") may only adopt legal

forms admissible within the European Union or the EEA. General partnerships and limited

commercial partnerships may be recognised as 'Wirtschaftsprüfungsgesellschaften' if they are

listed as trading partnerships in the commercial register on the basis of their fiduciary

activities, Article 27 WPO. However, auditors from third countries registered in accordance

with Article 134 WPO may carry out the statutory audit of annual fiscal statements or provide

the consolidated financial statements of a company with its headquarters outside the European

Union, whose transferable securities are offered for trading in a regulated market.

In **DK** : Provision of statutory auditing services requires Danish approval as an auditor.

Approval requires residency in a Member State of the European Union or a Member State of

the EEA. Voting rights in approved audit firms of auditors and audit firms not approved in

accordance with regulation implementing the Eighth Council Directive 84/253/EEC of

10 April 1984 based on Article 54(3)(g) of the Treaty on statutory audit must not exceed 10

per cent of the voting rights.

In **FI** : EEA residency required for at least one of the auditors of a Finnish Limited Liability

company and of companies which are under the obligation to carry out an audit. An auditor

must be a locally-licensed auditor or a locally-licensed audit firm.

In **FR** : For statutory audits: provision through any company form except SNC (Société en

nom collectif) and SCS (Société en commandite simple).

…[Annex 8-B]/en 62

In **HR** : Auditing services may be provided only by legal persons established in Croatia or by

natural persons resident in Croatia.

In **SE** : Only auditors approved in Sweden and auditing firms registered in Sweden may

perform statutory auditing services EEA or Swiss residency is required. The titles of

"approved auditor" and "authorised auditor" may only be used by auditors approved or

authorised in Sweden. Auditors of co-operative economic associations and certain other

enterprises who are not certified or approved accountants must be resident within the EEA,

unless the Government, or a Government authority appointed by the Government, in a

particular case allows otherwise.

With respect to Investment liberalisation – National treatment and Cross-border trade in

services – National treatment:

In **ES** : statutory auditors are subject to a nationality of a Member State of the European Union

condition. This reservation does not apply to the auditing of non-European Union companies

listed in a Spanish regulated market.

…[Annex 8-B]/en 63

With respect to Investment liberalisation– Market access and Cross-border trade in services –

Market access:

In **CY** : Access is restricted to natural persons. Authorisation is required, subject to an

economic needs test. Main criteria: the employment situation in the sub-sector. Professional

associations (partnerships) between natural persons are permitted.

In **PL** : Establishment in the European Union is required in order to provide auditing services.

Legal form requirements apply.

With respect to Cross-border trade in services – Market access, National treatment:

In **BE** : An establishment in Belgium is required where the professional activity will take place

and where acts, documents and correspondence relating to it will be maintained, and to have

at least one administrator or manager of the established approved as auditor.

In **SI** : Commercial presence is required. A third country audit entity may hold shares or form

partnerships in Slovenian audit company provided that, under the law of the country in which

the third-country audit entity is incorporated, Slovenian audit companies may hold shares or

form partnership in an audit entity in that country. A permanent residency in Slovenia is

required for at least one member of the management board of an audit company establishment

in Slovenia.

…[Annex 8-B]/en 64

With respect to Cross-border trade in services – Market access:

In **IT** : Residency is required for the provision of auditing services by natural persons.

In **LT** : Establishment in EEA is required for the provision of auditing services.

_Measures:_

**EU** : Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on

statutory audits of annual accounts and consolidated accounts; and

Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts.

**AT** : Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl.

I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.

**BE** : Law of July 22nd, 1953 creating an Institute of the Auditors of Firms and organising the

public supervision of the occupation of auditor of firms, coordinated on April 30th, 2007.

**BG** : Independent Financial Audit Act.

**CY** : The Auditors and Mandatory Audit of the Annual and of the Consolidated Accounts Law

of 2009 (Law 42(I)/2009), as amended by law number 163(I) of 2013.

…[Annex 8-B]/en 65

**DE** : Handelsgesetzbuch, HGB, (Code of Commercial Law); and Wirtschaftsprüferordnung,

WPO, (Public Accountant Act).

**DK** : Revisorloven (The Danish Act on Approved Auditors and Audit Firms), Act No. 468 of

17 June 2008.

**ES** : Ley 22/2015, de 20 de julio, de Auditoría de Cuentas (new Auditing Law: Law 22/2015

on Auditing services).

**FI** : Tilintarkastuslaki (Auditing Act) (459/2007), Sectoral laws requiring the use of locally

licensed auditors.

**FR** : Ordonnance 45-2138 du 19 septembre 1945, articles 3, 7, 7 ter, 7 quinquies, 27 et 42 bis.

**HR** : Audit Act (OG 146/05, 139/08, 144/12), Article 3.

**IT** : Legislative Decree 58/1998, Articles 155, 158 and 161;

Decree of the President of the Republic 99/1998; and

Legislative Decree 39/2010, Article 2.

…[Annex 8-B]/en 66

**LT** : Law on Audit of 15 June 1999 No. VIII -1227 (a new version of 3 July 2008 No. X

1676).

**PL** : Act of 11 May 2017 on statutory auditors, audit firms and public oversight - Journal of

Laws of 2017, item 1089.

**SE** : Revisorslagen (Auditors Act) (2001:883);

Revisionslag (Auditing Act) (1999:1079);

Aktiebolagslagen (Companies Act) (2005:551);

Lag om ekonomiska föreningar (The Co-operative Economic Associations Act) (1987:667);

and

Others, regulating the requirements to make use of approved auditors.

**SI** : Auditing Act (ZRev-2), Official Gazette RS No 65/2008; and

Companies Act (ZGD-1), Official Gazette RS No 42/2006.

**SK** : Act No. 423/2015 on Statutory audit.

…[Annex 8-B]/en 67

**(e)** **Taxation advisory services (CPC 863, not including legal advisory and legal**

**representational services on tax matters, which are to be found legal services)**

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **AT** : The capital interests and voting rights of foreign tax advisors, qualified according to

the law of their home country, in an Austrian enterprise may not exceed 25 per cent. The

service supplier must have an office or professional seat in the EEA.

In **BG** : Nationality of a Member State of the European Union is required for tax advisors.

In **CY** : Access is restricted to natural persons. Authorisation is required, subject to an

economic needs test. Main criteria: the employment situation in the sub-sector. Professional

associations (partnerships) between natural persons are permitted.

In **FR** : Provision through SEL (anonyme, à responsabilité limitée ou en commandite par

actions) or SCP (Société civile professionnelle) only.

In **IT** : Residency is required.

…[Annex 8-B]/en 68

With respect to Investment liberalisation – National treatment and Cross-border trade in

services – National treatment:

In **HU** : EEA residency is required for the supply of taxation advisory services, insofar as they

are being supplied by a physical person present in the territory of Hungary.

_Measures:_

**AT** : Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBl.

I Nr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.

**BG** : Accountancy Act;

Independent Financial Audit Act;

Income Taxes on Natural Persons Act; and

Corporate Income Tax Act.

**CY** : Law 42(I)/2009.

**FR** : Ordonnance 45-2138 du 19 septembre 1945, articles 3, 7, 7 ter, 7 quinquies, 27 et 42 bis.

…[Annex 8-B]/en 69

**HU** : Act XCII of 2003 on the Rules of Taxation; and

Decree of the Ministry of Finance no. 26/2008 on the licensing and registration of taxation

advisory activities.

**IT** : Legislative Decree 139/2005; and

Law 248/2006.

**(f)** **Architecture and urban planning services, engineering and integrated engineering**

**services (CPC 8671, 8672, 8673, 8674)**

With respect to Investment liberalisation – Market access:

In **FR** : An architect may only establish in France in order to provide architectural services

using one of the following legal forms (on a non-discriminatory basis): SA et SARL (sociétés

anonymes, à responsabilité limitée), EURL (Entreprise unipersonnelle à responsabilité

limitée), SCP (en commandite par actions), SCOP (Société coopérative et participative),

SELARL (société d'exercice libéral à responsabilité limitée), SELAFA (société d'exercice

libéral à forme anonyme), SELAS (société d'exercice libéral ) or SAS (Société par actions

simplifiée), or as individual or as a partner in an architectural firm (CPC 8671).

…[Annex 8-B]/en 70

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **BG** : For architectural and engineering projects of national or regional significance, foreign

investors must act in partnership with or, as subcontractors to, local investors (CPC 8671,

8672, 8673). Foreign specialists must have experience of at least two years in the field of

construction. EEA nationality is required for urban planning and landscape architectural

services (CPC 8674).

In **CY** : Nationality and residency condition applies for the provision of architecture and urban

planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673,

8674).

In **HU** : EEA residency is required for the supply of the following services, insofar as they are

being supplied by a physical person present in the territory of Hungary: architectural services,

engineering services (only applicable to graduate trainees), integrated Engineering services

and landscape architectural services (CPC 8671, 8672, 8673, 8674).

With respect to Cross-border trade in services – Market access, National treatment:

In **CZ** : Residency in the EEA is required.

…[Annex 8-B]/en 71

In **HR** : A design or project created by a foreign architect, engineer or urban planner must be

validated by an authorised natural or legal person in Croatia with regard to its compliance

with Croatian Law (CPC 8671, 8672, 8673, 8674).

In **IT** : residency or professional domicile/business address in Italy is required for enrolment in

the professional register, which is necessary for the exercise of architectural and engineering

services (CPC 8671, 8672, 8673, 8674).

In **SK** : Residency in the EEA is required for registration in the professional chamber, which is

necessary for the exercise of architectural and engineering services (CPC 8671, 8672, 8673,

8674).

With respect to Cross-border trade in services – National treatment:

In **BE** : the provision of architectural services includes control over the execution of the works

(CPC 8671, 8674). Foreign architects authorised in their host countries and wishing to

practice their profession on an occasional basis in Belgium are required to obtain prior

authorisation from the Council of Order in the geographical area where they intend to practice

their activity.

…[Annex 8-B]/en 72

_Measures:_

**BE** : Law of February 20, 1939 on the protection of the title of the architect's profession; and

Law of 26th June 1963, which creates the Order of Architects Regulations of December 16th,

1983 of ethics established by national Council in the Order of Architects (Approved by

Article 1st of A.R. of April 18th, 1985, M.B., May 8th, 1985).

**BG** : Spatial Development Act;

Chamber of Builders Act; and

Chambers of Architects and Engineers in Project Development Design Act.

**CY** : Law 41/1962;

Law 224/1990; and

Law 29(i)2001.

**CZ** : Act no. 360/1992 Coll. on practice of profession of authorized architects and authorized

engineers and technicians working in the field of building constructions.

**FR** : Loi 90-1258 relative à l'exercice sous forme de société des professions libérales;

Décret 95-129 du 2 février 1995 relatif à l'exercice en commun de la profession d'architecte

sous forme de société en participation;

…[Annex 8-B]/en 73

Décret 92-619 du 6 juillet 1992 relatif à l'exercice en commun de la profession d'architecte

sous forme de société d'exercice libéral à responsabilité limitée SELARL, société d'exercice

libéral à forme anonyme SELAFA, société d'exercice libéral en commandite par actions

SELCA; and

Loi 77-2 du 3 janvier 1977, articles 12, 13 and 14.

**HR** : Act on Architectural and Engineering Activities in Physical Planning and Building (OG

152/08, 49/11, 25/13); and

Physical Planning Act of 12 December 2013 (011-01/13-01/291).

**HU** : Act LVIII of 1996 on the Professional Chambers of Architects and Engineers.

**IT** : Royal Decree 2537/1925 regulation on the profession of architect and engineer; Law

1395/1923; and

Decree of the President of the Republic (D.P.R.) 328/2001.

**SK** : Act 138/1992 on Architects and Engineers, Articles 3, 15, 15a, 17a and 18a.

…[Annex 8-B]/en 74

**Reservation No. 3 - Professional services (health related professions and retail of**

**pharmaceuticals)**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Professional services – medical (including psychologists) and

dental services; midwives, nurses, physiotherapists and paramedical

personnel; veterinary services; retail sales of pharmaceutical,

medical and orthopaedic goods and other services provided by

pharmacists

CPC 9312, 93191, 932, 63211

Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

EU/Member State (unless otherwise specified)

…[Annex 8-B]/en 75

Description:

**(a)** **Medical, dental, midwives, nurses, physiotherapists and para-medical services (CPC**

**852, 9312, 93191)**

With respect to Cross-border trade in services –Market access, National treatment:

In **IT** : European Union nationality is required for the services provided by psychologists,

foreign professionals may be allowed to practice based on reciprocity (part of CPC 9312).

_Measures:_

**IT** : Law 56/1989 on the psychologist profession.

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **CY** : Cypriot nationality and residency condition applies for the provision of medical,

dental, midwives, nurses, physiotherapists and para-medical services.

…[Annex 8-B]/en 76

_Measures:_

**CY** : Registration of Doctors Law (Chapter 250);

Registration of Dentists Law (Chapter 249);

Law 75(I)/2013 –Podologists;

Law 33(I)/2008 -Medical Physics;

Law 34(I)/2006 -Occupational Therapists;

Law 9(I)/1996 -Dental Technicians;

Law 68(I)/1995 –Psychologists;

Law 16(I)/1992; Law 23(I)/2011 -Radiologists/Radiotherapists;

Law 31(I)/1996 -Dieticians/Nutritionists;

Law 140/1989 –Physiotherapists; and

Law 214/1988 –Nurses.

In **DE** (applies also to the regional level of government): Geographical restrictions may be

imposed on professional registration, which apply to nationals and non-nationals alike.

…[Annex 8-B]/en 77

Doctors (including psychologists, psychotherapists, and dentists) need to register with the

regional associations of statutory health insurance physicians or dentists (kassenärztliche or

kassenzahnärztliche Vereinigungen), if they wish to treat patients insured by the statutory

sickness funds. This registration can be subject to quantitative restrictions based on the

regional distribution of doctors. For dentists this restriction does not apply. Registration is

necessary only for doctors participating in the public health scheme. Non-discriminatory

restrictions on the legal form of establishment required to provide these services may exist (§

95 SGB V).

For medical, dental and midwives services, access is restricted to natural persons only.

Establishment requirements may apply.

Telemedicine may only be provided in the context of a primary treatment involving the prior

physical presence of a doctor. The number of ICT (information and communications

technology) - service suppliers may be limited to guarantee interoperability, compatibility and

necessary safety standards. This is applied in a non-discriminatory way (CPC 9312, 93191).

_Measures:_

Bundesärzteordnung (Federal Medical Regulation);

Gesetz über die Ausübung der Zahnheilkunde;

…[Annex 8-B]/en 78

Gesetz über die Berufe des Psychologischen Psychotherapeuten und des Kinder- und

Jugendlichenpsychotherapeuten (Act on the Provision of Psychotherapy Services of

16.07.1998);

Gesetz über die berufsmäßige Ausübung der Heilkunde ohne Bestallung;

Gesetz über den Beruf der Hebamme und des Entbindungspflegers;

Gesetz über die Berufe in der Krankenpflege;

§ 7 Absatz 3 Musterberufsordnung fuer Aerzte (German Model professional Code for

doctors);

§95,§ 99 and seq. SGB V (Book on Social Security No. V), Statutory Health Insurance;

§ 1 Absatz 2 and Absatz 5 Hebammengesetz (Midwife Code), § 291b SGB V (Book on Social

Security No. V) on E-health providers;

Heilberufekammergesetz des Landes Baden-Württemberg in der Fassung of 16. 03. 1995

(GBl. BW of 17.05.1995 S. 314);

Gesetz über die Berufsausübung, die Berufsvertretungen und die Berufsgerichtsbarkeit der

Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der

Kinder- und Jugendlichenpsychotherapeuten (Heilberufe-Kammergesetz - HKaG) in Bayern

of 06.02.2002 (BAY GVBl 2002, page 42);

Gesetz über die Kammern und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Apotheker,

Psychologischen Psychotherapeuten und Kinder- und Jugendpsychotherapeuten (Berliner

Kammergesetz) of 04.09.1978 (Berliner GVBl. page 1937, rev. page 1980);

§ 31 Heilberufsgesetz Brandenburg (HeilBerG) of 28.04.2003;

…[Annex 8-B]/en 79

Bremisches Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die

Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker

(Heilberufsgesetz - HeilBerG) of 12.05.2005;

§ 29 Heilberufsgesetz (HeilBG NRW) of 09.05.2000;

§ 20 Heilberufsgesetz (HeilBG Rheinland-Pfalz) of 07.02.2003;

Gesetz über Berufsausübung, Berufsvertretungen und Berufsgerichtsbarkeit der Ärzte,

Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der

Kinder und Jugendlichenpsychotherapeuten im Freistaat (Sächsisches

Heilberufekammergesetz – SächsHKaG) of 24.05.1994 (SächsGVBl. page 935);

Gesetz über die öffentliche Berufsvertretung, die Berufspflichten, die Weiterbildung und die

Berufsgerichtsbarkeit der Ärzte/ Ärztinnen, Zahnärzte/ Zahnärztinnen, psychologischen

Psychotherapeuten/ Psychotherapeutinnen und Kinder- und Jugendlichenpsychotherapeuten/

psychotherapeutinnen, Tierärzte/Tierärztinnen und Apotheker/Apothekerinnen im Saarland

(Saarländisches Heilberufekammergesetz - SHKG) of 19.11.2007; and

Thüringer Heilberufegesetz of 29. Januar 2002 (GVBl 2002, 125).

…[Annex 8-B]/en 80

**(b)** **Veterinary services (CPC 932)**

With respect to Investment liberalisation – National treatment:

In **PL** : To pursue a profession of veterinary surgeon present in the territory of Poland, non

European Union nationals have to pass an exam in Polish language organized by the Polish

Chambers of Veterinary Surgeons.

With respect to Investment liberalisation – Market access, National treatment, Most-favoured

nation treatment and Cross-border trade in services – Market access, National treatment:

In **FR** : EEA nationality is required for the supply of veterinary services, but the nationality

requirement may be waived subject to reciprocity. The legal forms available to a company

providing veterinary services are limited to three types of companies (SEP (Société en

participation); SCP (Société civile professionnelle); and SEL (Société d'exercice liberal).

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **CY** : Nationality and residency condition applies for the provision of veterinary services.

…[Annex 8-B]/en 81

In **EL** : EEA or Swiss nationality is required for the supply of veterinary services.

In **ES** : Membership in the professional association is required for the practice of the

profession and requires European Union nationality, which may be waived through a bilateral

professional agreement. The provision of veterinary services is restricted to natural persons.

In **HR** : Only legal and natural persons established in a Member State of the European Union

for the purpose of conducting veterinary activities can supply cross border veterinary services

in the Republic of Croatia. Only European Union nationals can establish a veterinary practice

in the Republic of Croatia.

In **HU** : EEA nationality is required for membership of the Hungarian Veterinary Chamber,

necessary for supplying veterinary services. Authorisation for establishment is subject to an

economic needs test. Main criteria: labour market conditions in the sector.

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

In **CZ** : Physical presence in the territory is required for the supply of veterinary services.

…[Annex 8-B]/en 82

In **DE** (applies also to the regional level of government): The supply of veterinary services is

restricted to natural persons. Telemedicine may only be provided in the context of a primary

treatment involving the prior physical presence of a veterinary.

In **DK** and **NL** : The supply of veterinary services is restricted to natural persons.

In **IE** : The supply of veterinary services is restricted to natural persons or partnerships.

In **IT** and **PT** : Residency is required for the supply of veterinary services.

In **LV** : The supply of veterinary services is restricted to natural persons.

In **SI** : Only legal and natural persons established in a Member State of the European Union

for the purpose of conducting veterinary activities can supply cross border veterinary services

in to the Republic of Slovenia.

In **SK** : Residency in the EEA is required for registration in the professional chamber, which is

necessary for the exercise of the profession. The provision of veterinary services is restricted

to natural persons.

…[Annex 8-B]/en 83

In **UK** : The supply of veterinary services is restricted to natural persons or partnerships.

Physical presence is required to perform veterinary surgery. The practice of veterinary surgery

is reserved to veterinary surgeons who are members of the Royal College of Veterinary

Surgeons (RCVS).

With respect to Investment liberalisation – National treatment and Cross-border trade in

services –National treatment:

In **AT** : Only nationals of a Member State of the EEA may provide veterinary services. The

nationality requirement is waived for nationals of a non-Member State of the EEA where

there is a European Union agreement with that non-Member State of the EEA providing for

national treatment with respect to investment and cross-border trade of veterinary services.

_Measures:_

**AT** : Tierärztegesetz (Veterinary Act), BGBl. Nr. 16/1975, §3 (2) (3).

**CY** : Law 169/1990.

**CZ** : Act No. 166/1999 Coll. (Veterinary Act), §58-63, 39; and

Act No. 381/1991 Coll. (on the Chamber of Veterinary Surgeons of the Czech Republic),

paragraph 4.

…[Annex 8-B]/en 84

**DE** : Federal Code for the Veterinary Profession (Bundes- Tierärzteordnung in der Fassung

der Bekanntmachung vom 20. November 1981 (BGBl. I S. 1193).

Regional level:

Acts on the Councils for the Medical Profession of the Länder (Heilberufs- und

Kammergesetze der Länder) and (based on these) Baden-Württemberg, Gesetz über das

Berufsrecht und die Kammern der Ärzte, Zahnärzte, Tierärzte Apotheker, Psychologischen

Psychotherapeuten sowie der Kinder- und Jugendlichenpsychotherapeuten (Heilberufe

Kammergesetz - HBKG) in der Fassung vom 16.03.1995;

Bayern, Gesetz über die Berufsausübung, die Berufsvertretungen und die

Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen

Psychotherapeuten und der Kinder- und Jugendlichenpsychotherapeuten (Heilberufe

Kammergesetz - HKaG) in der Fassung der Bekanntmachung vom 06.02.2002;

Berlin, Gesetz über die Kammern und die Berufsgerichtsbarkeit der Ärzte, Zahnärzte,

Tierärzte, Apotheker, Psychologischen Psychotherapeuten und Kinder- und

Jugendlichenpsychotherapeuten (Berliner Kammergesetz) in der Fassung vom 04.091978

(GVBl. S. 1937);

Brandenburg, Heilberufsgesetz (HeilBerG) vom 28.04.2003 (GVBl.I/03, Nr. 07, S.126);

…[Annex 8-B]/en 85

Bremen, Gesetz über die Berufsvertretung, die Berufsausübung, die Weiterbildung und die

Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Psychotherapeuten, Tierärzte und Apotheker

(Heilberufsgesetz - HeilBerG) vom 12.05.2005, (Brem.GBl. S. 149);

Hamburg, Hamburgisches Kammergesetz für die Heilberufe (HmbKGH) vom 14.12.2005

zum Ausgangs- oder Titeldokument (HmbGVBl. 2005, S. 495);

Hessen, Gesetz über die Berufsvertretungen, die Berufsausübung, die Weiterbildung und die

Berufsgerichtsbarkeit der Ärzte, Zahnärzte, Tierärzte, Apotheker, Psychologischen

Psychotherapeuten und Kinder- und Jugendlichenpsychotherapeuten (Heilberufsgesetz) in der

Fassung vom 07.02.2003;

Mecklenburg-Vorpommern, Heilberufsgesetz (HeilBerG) vom 22.01.1993 (GVOBl. M-V

1993, S. 62);

Niedersachsen, Kammergesetz für die Heilberufe (HKG) in der Fassung vom 08.12.2000;

Nordrhein-Westfalen, Heilberufsgesetz NRW (HeilBerg) vom 9. Mai 2000 (GV. NRW. 2000

S. 403ff.);

Rheinland-Pfalz, Heilberufsgesetz (HeilBG) vom 20.10.1978;

Saarland, Gesetz Nr. 1405 über die öffentliche Berufsvertretung, die Berufspflichten, die

Weiterbildung und die Berufsgerichtsbarkeit der Ärzte/Ärztinnen, Zahnärzte/Zahnärztinnen,

Tierärzte/Tierärztinnen und Apotheker/Apothekerinnen im Saarland (Saarländisches

Heilberufekammergesetz - SHKG) vom 11.03.1998;

…[Annex 8-B]/en 86

Sachsen, Gesetz über Berufsausübung, Berufsvertretungen und Berufsgerichtsbarkeit der

Ärzte, Zahnärzte, Tierärzte, Apotheker sowie der Psychologischen Psychotherapeuten und der

Kinder- und Jugendlichenpsychotherapeuten im Freistaat Sachsen (Sächsisches

Heilberufekammergesetz – SächsHKaG) vom 24.05.1994;

Sachsen-Anhalt, Gesetz über die Kammern für Heilberufe Sachsen-Anhalt (KGHB-LSA)

vom 13.07.1994 (GVBl. LSA 1994, S. 832);

Schleswig-Holstein, Gesetz über die Kammern und die Berufsgerichtsbarkeit für die

Heilberufe (Heilberufekammergesetz - HBKG) vom 29. Februar 1996;

Thüringen, Thüringer Heilberufegesetz (ThürHeilBG) in der Fassung der Bekanntmachung

vom 29.01.2002 (GVBl 2002, S. 125); and

Codes of Professional Conduct of the Veterinary Practitioners' Councils (Berufsordnungen

der Kammern).

**DK** : Act No. 1149 of 12 September 2015 on veterinary surgeons.

**EL** : Presidential Degree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette

2157/B).

**ES** : Real Decreto 126/2013, de 22 de febrero, por el que se aprueban los Estatutos Generales

de la Organización Colegial Veterinaria Española; Articles 62 and 64.

…[Annex 8-B]/en 87

**FR** : Code rural et de la pêche maritime articles L241-1; L241-2; L241-2-1.

**HR** : Veterinary Act (OG 41/07, 55/11), Articles 89, 106.

**HU** : Act CXXVII of 2012 on the Hungarian Veterinary Chamber and on the conditions how

to supply Veterinary services.

**IE** : Veterinary Practice Act 2005.

**IT** : Legislative Decree C.P.S. 233/1946, Articles 7-9; and

Decree of the President of the Republic (DPR) 221/1950, paragraph 7.

**LV** : Veterinary Medicine Law.

**NL** : Wet op de uitoefening van de diergeneeskunde 1990 (WUD).

**PL** : Law of 21st December 1990 on the Profession of Veterinary Surgeon and Chambers of

Veterinary Surgeons.

**PT** : Decree-Law 368/91 (Statute of the Veterinary Professional Association).

…[Annex 8-B]/en 88

**SI** : Pravilnik o priznavanju poklicnih kvalifikacij veterinarjev (Rules on recognition of

professional qualifications for veterinarians), Uradni list RS, št. (Official Gazette No)

71/2008, 7/2011, 59/2014 in 21/2016, Act on services in the internal market, Official Gazette

RS No 21/2010.

**SK** : Act 442/2004 on Private Veterinary Doctors, Article 2.

**UK** : Veterinary Surgeons Act (1966).

**(c)** **Retail sales of pharmaceuticals, medical and orthopaedic goods and other services**

**provided by pharmacists (CPC 63211)**

–
With respect to Investment liberalisation Market access, National treatment, Senior

management and boards of directors:

In **AT** : The retail of pharmaceuticals and specific medical goods to the public may only be

carried out through a pharmacy. Nationality of a Member State of the EEA or the Swiss

Confederation is required in order to operate a pharmacy. Nationality of a Member State of

the EEA or the Swiss Confederation is required for leaseholders and persons in charge of

managing a pharmacy.

…[Annex 8-B]/en 89

–
With respect to Investment liberalisation Market access, National treatment:

In **EL** : European Union nationality is required in order to operate a pharmacy.

In **FR** : EEA or the Swiss Confederation nationality is required in order to operate a pharmacy.

Foreign pharmacists may be permitted to establish within annually established quotas.

In **HU** : EEA nationality is required in order to operate a pharmacy.

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services - Market access:

In **CY** : Nationality requirement applies for the provision of retail sales of pharmaceuticals,

medical and orthopaedic goods and other services provided by pharmacists (CPC 63211).

…[Annex 8-B]/en 90

In **DE** : Residency is required in order to obtain a licence as a pharmacist or to open a

pharmacy for the retail of pharmaceuticals and certain medical goods to the public. Nationals

of other countries or persons who have not passed the German pharmacy exam may only

obtain a licence to take over a pharmacy which has already existed during the preceding three

years. The total number of pharmacies per person is restricted to one pharmacy and up to

three branch pharmacies. Only natural persons are permitted to provide retail services of

pharmaceuticals and specific medical goods to the public.

In **EL** : Only natural persons, who are licenced pharmacists, and companies founded by

licenced pharmacists, are permitted to provide retail services of pharmaceuticals and specific

medical goods to the public.

In **FR** : Pharmacy opening must be authorized and commercial presence including sale at a

distance of medicinal products to the public by means of information society services, must

take one of the legal forms which are allowed under national law on a non-discriminatory

basis: anonyme, à responsabilité limitée ou en commandite par actions (SEL), société en

noms collectifs (SNC) or SARL only.

…[Annex 8-B]/en 91

In **IT** : The practice of the profession is possible only for natural persons enrolled in the

register, as well as for juridical persons in the form of partnerships, where every partner of the

company must be an enrolled pharmacist. Enrolment in the pharmacist professional register

requires nationality of a Member State of the European Union or residency and the practice of

the profession in Italy. Foreign nationals having the necessary qualifications may enrol if they

are citizens of a country with whom Italy has a special agreement, authorising the exercise of

the profession, under condition of reciprocity (D. Lgsl. CPS 233/1946 Articles 7-9 and D.P.R.

221/1950 paragraphs 3 and 7). New or vacant pharmacies are authorised following a public

competition. Only nationals of a Member State of the European Union enrolled in the

Register of pharmacists ("albo") are able to participate in a public competition.

With respect to Investment liberalisation – Market access and Cross-border trade in services 

Market access:

In **ES** : Only natural persons, who are licenced pharmacists, are permitted to provide retail

services of pharmaceuticals and specific medical goods to the public. Each pharmacist cannot

obtain more than one licence.

In **ES**, **HR**, **HU**, **IT** and **PT** : Establishment authorisation is subject to an economic needs test.

Main criteria: population and density conditions in the area.

…[Annex 8-B]/en 92

In **LU** : Only natural persons are permitted to provide retail services of pharmaceuticals and

specific medical goods to the public.

In **MT** : Issuance of Pharmacy licences under specific restrictions. No person shall have more

than one licence in his name in any town or village (Regulation 5(1) of the Pharmacy Licence

Regulations (LN279/07)), except in the case where there are no further applications for that

town or village (Regulation 5(2) of the Pharmacy Licence Regulations (LN279/07).

In **PT** : In commercial companies where the capital is represented by shares, these shall be

nominative. A person shall not hold or exercise, at the same time, directly or indirectly,

ownership, operation or management of more than four pharmacies.

In **SI** : The network of pharmacies in Slovenia consists of public pharmacy institutions, owned

by municipalities, and of private pharmacists with concession where the majority owner must

be a pharmacist by profession. Mail order of pharmaceuticals requiring a prescription is

prohibited.

…[Annex 8-B]/en 93

With respect to Investment liberalisation – National treatment:

In **LV** : In order to commence independent practice in a pharmacy, a foreign pharmacist or

pharmacist's assistant, educated in a state which is not a Member State of the European Union

or a Member State of the EEA, must work for at least one year in a pharmacy under the

supervision of a pharmacist.

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **BG** and **EE** : The retail of pharmaceuticals and specific medical goods to the public may

only be carried out through a pharmacy.

In **BG** : The mail order of pharmaceuticals is prohibited. Permanent residency is required for

pharmacists. Managers of pharmacies must be qualified pharmacists and may only manage

one pharmacy in which they themselves work. A quota exists for the number of pharmacies

which may be owned per person.

In **EE** : Mail order sale of medicinal products as well as delivery by post or express service of

medicinal products ordered through the Internet is prohibited. Establishment authorisation is

subject to an economic needs test. Main criteria: density conditions in the area.

…[Annex 8-B]/en 94

With respect to Investment liberalisation - Market access and Cross-border trade in services 

Market access:

In **SK** : Residency is required in order to obtain a licence as a pharmacist or to open a

pharmacy for the retail of pharmaceuticals and certain medical goods to the public.

With respect to Investment liberalisation - Market access

In **DK** : Only natural persons, who have been granted a pharmacist-licence from the Danish

Health and Medicines Authority, are permitted to provide retail services of pharmaceuticals

and specific medical goods to the public.

_Measures:_

**AT** : Apothekengesetz (Pharmacy Law), RGBl. Nr. 5/1907 as amended, §§ 3, 4, 12;

Arzneimittelgesetz (Medication Act), BGBl. Nr. 185/1983 as amended, §§ 57, 59, 59a; and

Medizinproduktegesetz (Medical Products Law), BGBl. Nr. 657/1996 as amended, § 99.

**BG** : Law on Medicinal Products in Human Medicine, arts. 146, 161, 195, 222, 228.

**CY** : Pharmaceutical and Poisons Law (Chapter 254).

…[Annex 8-B]/en 95

**DE** : § 2 paragraph 2, § 11a Apothekengesetz (German Pharmacy Act);

§§ 43 paragraph 1, 73 paragraph 1 Nr. 1a, Arzneimittelgesetz (German Drugs Act); and

§ 11 Abs. 2 und 3 Medizinproduktegesetz, Verordnung zur Regelung der Abgabe von

Medizinprodukten.

**DK** : Apotekerloven (Danish Pharmacy Act) LBK nr. 1040 03/09/2014.

**EE** : Ravimiseadus (Medicinal Products Act), RT I 2005, 2, 4; § 29 (2); and Tervishoiuteenuse

korraldamise seadus (Health Services Organisation Act, RT I 2001, 50, 284).

**EL** : Law 5607/1932 as amended by Laws 1963/1991 and 3918/2011.

**ES** : Ley 16/1997, de 25 de abril, de regulación de servicios de las oficinas de farmacia (Law

16/1997, of 25 April, regulating services in pharmacies), Articles 2, 3.1; and

Real Decreto Legislativo 1/2015, de 24 de julio por el que se aprueba el Texto refundido de la

Ley de garantías y uso racional de los medicamentos y productos sanitarios (Ley 29/2006).

…[Annex 8-B]/en 96

**FR** : Code de la santé publique, articles L4221-1, L4221-13, L5125-10; and

Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, modifiée par

les lois 2001-1168 du 12 décembre 2001 et 2008-776 du 4 août 2008 (Law 90-1258 on the

exercise of liberal professions in the form of a company); and Lois 2011-331 du 28 mars 2011

et 2015-990 du 6 août 2015.

**HR** : Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12).

**HU** : Act XCVIII of 2006 on the General Provisions Relating to the Reliable and

Economically Feasible Supply of Medicinal Products and Medical Aids and on the

Distribution of Medicinal Products.

**IT** : Law 362/1991, Articles 1, 4, 7 and 9;

Legislative Decree CPS 233/1946, Articles 7-9; and

Decree of the President of the Republic (D.P.R. 221/1950, paragraphs 3 and 7).

**LU** : Loi du 4 juillet 1973 concernant le régime de la pharmacie (annex a043);

Règlement grand-ducal du 27 mai 1997 relatif à l'octroi des concessions de pharmacie (annex

a041); and

Règlement grand-ducal du 11 février 2002 modifiant le règlement grand-ducal du 27 mai

1997 relatif à l'octroi des concessions de pharmacie (annex a017).

…[Annex 8-B]/en 97

**LV** : Pharmaceutical Law, s. 38.

**MT** : Pharmacy Licence Regulations (LN279/07) issued under the Medicines Act (Cap. 458).

**PT** : Decree-Law 307/2007, Articles 9, 14 and 15; and

Ordinance 1430/2007.

**SI** : Pharmacy Services Act (Official Gazette of the RS No. 85/2016); and

Medicinal Products Act (Official Gazette of the RS, No. 17/2014).

**SK** : Act 362/2011on drugs and medical devices, Article 35a; and

Act 578/2004 on healthcare providers, medical employees, professional organisation.

…[Annex 8-B]/en 98

**Reservation No. 4 - Research and development services**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Research and development (R&D) services

CPC 851, 853

Market access

National treatment

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

Description:

EU/Member State(unless otherwise specified)

The **EU** : For publicly funded research and development (R&D) services benefitting from

funding provided by the European Union at the European Union level, exclusive rights or

authorisations may only be granted to nationals of the Member States of the European Union

and to juridical persons of the European Union having their registered office, central

administration or principal place of business in the European Union (CPC 851, 853).

…[Annex 8-B]/en 99

For publicly funded R&D services benefitting from funding provided by a Member State

exclusive rights or authorisations may only be granted to nationals of the Member State of the

European Union concerned and to juridical persons of the Member State concerned having

their headquarters in that Member State (CPC 851, 853).

This reservation is without prejudice to the exclusion of procurement by a Party or subsidies

in subparagraphs 2(c) and (e) of Article 8.14, and paragraphs 5 and 6 of Article 8.12.

_Measures:_

**EU** : All currently existing and all future European Union research or innovation framework

programmes, including the Horizon 2020 Rules for Participation and regulations pertaining to

Joint Technology Initiatives (JTIs), Article 185 Decisions, and the European Institute for

Innovation and Technology (EIT), as well as existing and future national, regional or local

research programmes.

…[Annex 8-B]/en 100

**Reservation No. 5 - Real estate services**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Real estate services

CPC 821, 822

Market access

National treatment

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

Description:

EU/Member State (unless otherwise specified)

In **CY** : For the provision of real estate services, nationality and residency condition applies.

In **CZ** : Residency for natural persons and establishment for legal persons in the Czech

Republic are required to obtain the licence necessary for the provision of real estate services.

In **PT** : EEA residency is required for natural persons. EEA incorporation is required for legal

persons.

…[Annex 8-B]/en 101

With respect to Investment liberalisation – National treatment and Cross-border trade in

services – Market access, National treatment:

In **DK** : For the provision of real estate services by a physical person present in the territory of

Denmark, only authorized real estate agent who are natural persons that have been admitted to

the Danish Business Authority's real estate agent register may use the title of "real estate

agent". The act requires that the applicant be a Danish resident or a resident of the European

Union, EEA or Switzerland.

The Act on sale of real estate is only applicable when providing real estate services to

consumers. Furthermore the Act on sale of real estate does not apply on leasing of real estate

(CPC 822).

With respect to Cross-border trade in services – Market access:

In **HR** : Commercial presence in EEA is required to provide real estate services.

…[Annex 8-B]/en 102

With respect to Cross-border trade in services – Market access, National treatment, Most

favoured-nation treatment:

In **SI** : In so far as Japan allows Slovenian nationals and enterprises to supply real estate agent

services, Slovenia will allow nationals of Japan and enterprises to supply real estate agent

services under the same conditions, in addition to the fulfilment of the following

requirements: entitlement to act as a real estate agent in the country of origin, submission of

the relevant document on impunity in criminal procedures, and inscription into the registry of

real estate agents at the competent (Slovenian) ministry.

_Measures:_

**CY** : The Real Estate Agents Law 71(1)/2010.

**CZ** : Trade Licensing Act.

**DK** : Lov om omsætning af fast ejendom, 2014 (The Act on the sale of real estate).

**HR** : Real Estate Brokerage Act (OG 107/07 and 144/12), Article 2.

**PT** : Decree-Law 211/2004 (Articles 3 and 25), as amended and republished by Decree-Law

69/2011.

**SI** : Real Estate Agencies Act.

…[Annex 8-B]/en 103

**Reservation No. 6 - Business services**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Business services - rental or leasing services without operators;

services related to management consulting; technical testing and

analyses; related scientific and technical consulting services;

services incidental to agriculture; security services; placement

services; translation and interpretation services and other business

services

ISIC Rev. 37, part of CPC 612, part of 621, part of 625, 831, part of

85990, 86602, 8675, 8676, 87201, 87202, 87203, 87204, 87205,

87206, 87209, 87901, 87902, 87909, 88, part of 893

Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Section: Investment and Cross-border trade in services

Level of

government: EU/Member State(unless otherwise specified)

…[Annex 8-B]/en 104

Description:

**(a)** **Rental or leasing services without operators (CPC 83103, CPC 831)**

–
With respect to Investment liberalisation Market access, National treatment:

In **SE** : To fly the Swedish flag, proof of dominating Swedish operating influence must be

shown in case of foreign ownership interests in ships. Dominating Swedish influence means

that the operation of the ship is located in Sweden. Foreign ships may be granted an

exemption from this rule where they are rented or leased by Swedish legal persons through

bareboat charter contracts. To be granted an exemption, the bareboat charter contract must be

provided to the Swedish Maritime Administration and demonstrate that the charterer takes full

responsibility for operation and crew of the leased or rented ship. The duration of the contract

should be at least one to two years (CPC 83103).

_Measures:_

**SE** : Sjölagen (Maritime Law) (1994:1009), Chapter 1, § 1.

…[Annex 8-B]/en 105

With respect to Cross-border trade in services – Market access, National treatment:

In **SE** : Suppliers of rental or leasing services of cars and certain off-road vehicles

(terrängmotorfordon) without a driver, rented or leased for a period of less than one year, are

obliged to appoint someone to be responsible for ensuring, among other things, that the

business is conducted in accordance with applicable rules and regulations and that the road

traffic safety rules are followed. The responsible person must reside in Sweden (CPC 831).

_Measures:_

**SE** : Lag (1998: 424) om biluthyrning (Act on renting and leasing cars).

…[Annex 8-B]/en 106

**(b)** **Rental or leasing services and other business services related to aviation**

With respect to Investment liberalisation - Market access, National treatment, Most-favoured

nation treatment, and Cross-border trade in services - Market access, National treatment,

Most-favoured-nation treatment:

The **EU** : For rental or leasing of aircraft without crew (dry lease) aircraft used by an air

carrier of the European Union are subject to applicable aircraft registration requirements. A

dry lease agreement to which a European Union carrier is a party shall be subject to

requirements in the European Union or national law on aviation safety, such as prior approval

and other conditions applicable to the use of third countries' registered aircraft. To be

registered, aircraft may be required to be owned either by natural persons meeting specific

nationality criteria or by enterprises meeting specific criteria regarding ownership of capital

and control (CPC 83104).

…[Annex 8-B]/en 107

With respect to computer reservation system (CRS) services, where European Union air

carriers are not accorded, by CRS services suppliers operating outside the European Union,

equivalent (meaning non-discriminatory) treatment to that provided in the European Union, or

where European Union CRS services suppliers are not accorded, by non- European Union air

carriers, equivalent treatment to that provided in the European Union, measures may be taken

to accord equivalent treatment, respectively, to the non-European Union air carriers by the

CRS services suppliers operating in the European Union, or to the non- European Union CRS

services suppliers by European Union air carriers.

_Measures:_

**EU** : Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24

September 2008 on common rules for the operation of air services in the Community

(Recast); and Regulation (EC) No 80/2009 of the European Parliament and of the Council of

14 January 2009 on a Code of Conduct for computerised reservation systems and repealing

Council Regulation (EEC) No 2299/89.

…[Annex 8-B]/en 108

With respect to Investment liberalisation - National treatment and Cross-border trade in

services - Market access, National treatment

In **BE** : Private (civil) aircraft belonging to natural persons who are not nationals of a Member

State of the European Union or of the EEA may only be registered if they are domiciled or

resident in Belgium without interruption for at least one year. Private (civil) aircraft belonging

to foreign legal entities not formed in accordance with the law of a Member State of the

European Union or of the EEA may only be registered if they have a seat of operations, an

agency or an office in Belgium without interruption for at least one year (CPC 83104).

_Measures:_

**BE** : Arrêté Royal du 15 mars 1954 réglementant la navigation aérienne.

**(c)** **Services related to management consulting – arbitration and conciliation services (CPC**

**86602)**

With respect to Cross-border trade in services –Market access, National treatment:

In **HU** : An authorisation, by means of admission into the register, by the minister in charge of

the juridical system is required for the pursuit of mediation (such as arbitration and

conciliation) activities which may only be granted to juridical or natural persons that are

established in or resident in Hungary.

…[Annex 8-B]/en 109

_Measures:_

**HU** : Act LV of 2002 on Mediation.

**(d)** **Technical testing and analysis services (CPC 8676)**

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **CY** : The provision of services by chemists and biologists requires nationality of a Member

State of the European Union.

In **FR** : The professions of biologist are reserved for natural persons, EEA nationality required.

With respect to Cross-border trade in services – Market access, National treatment:

In **BG** : Establishment in Bulgaria according to the Bulgarian Commercial Act and registration

in the Commercial register is required for cross-border provision of technical testing and

analysis services.

…[Annex 8-B]/en 110

For the periodical inspection for proof of technical condition of road transport vehicles, the

person should be registered in accordance with the Bulgarian Commercial Act or the Non

Profit Legal Persons Act, or else be registered in another Member State of the European

Union or country from the EEA.

The testing and analysis of the composition and purity of air and water may be conducted

only by the Ministry of Environment and Water of Bulgaria, or its agencies in co-operation

with the Bulgarian Academy of Sciences.

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment, Most-favoured-nation treatment:

In **IT** : For biologists, chemical analysts, agronomists and "periti agrari", residency and

enrolment in the professional register are required. Third country nationals can enrol under

condition of reciprocity.

…[Annex 8-B]/en 111

_Measures:_

**BG** : Technical Requirements towards Products Act;

Measurement Act;

National Accreditation of Compliance Conformity Authorities Act;

Clean Ambient Air Act; and

Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of

road transport vehicles.

**CY** : Registration of Chemists Law of 1988 (Law 157/1988), as amended by Laws number

24(I) of 1992 and 20(I) of 2004; and

Law 157/1988.

**FR** : Articles L 6213-1 à 6213-6 du Code de la Santé Publique.

**IT** : Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal

Decree 842/1928 on the profession of chemical analysts.

…[Annex 8-B]/en 112

**(e)** **Related scientific and technical consulting services (CPC 8675)**

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment, Most-favoured-nation treatment:

In **IT** : Residency or professional domicile in Italy is required for enrolment in the geologists'

register, which is necessary for the practice of the professions of surveyor or geologist in

order to provide services relating to the exploration and the operation of mines, etc.

Nationality of a Member State of the European Union is required; however, foreigners may

enrol under condition of reciprocity.

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **BG** : A professionally competent body is the person (physical or juridical) that may execute

functions pertinent to cadastral surveying, geodesy and cartography. Establishment is

required, as well as EEA or Swiss nationality for the natural person carrying out activities for

geodesy, cadastral surveying, and in cartography when studying movements of the earth crust.

…[Annex 8-B]/en 113

In **CY** : Nationality requirement applies for the provision of relevant services.

In **FR** : For surveying, access through SEL (anonyme, à responsabilité limitée ou en

commandite par actions), SCP (Société civile professionnelle), SA and SARL (sociétés

anonymes, à responsabilité limitée) only. Foreign investors are required to have a specific

authorisation for exploration and prospecting services.

With respect to Cross-border trade in services – Market access:

In **HR** : Services of basic geological, geodetic and mining consulting as well as related

environmental protection consulting services in the territory of Croatia can be carried out only

jointly with or through domestic legal persons.

_Measures:_

**BG** : Cadastre and Property Register Act; and

Geodesy and Cartography Act.

**CY** : Law 224/1990.

…[Annex 8-B]/en 114

**FR** : Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, modifiée

par les lois 2001-1168 du 12 décembre 2001 et 2008-776 du 4 août 2008.

**HR** : Ordinance on requirements for issuing approvals to legal persons for performing

professional environmental protection activities (OG No.57/10), Arts. 32-35.

**IT** : Geologists: Law 112/1963, Articles 2 and 5; D.P.R. 1403/1965, Article 1.

**(f)** **Services incidental to agriculture (part of CPC 88)**

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment, Most-favoured-nation treatment:

In **IT** : For biologists, chemical analysts, agronomists and "periti agrari", residency and

enrolment in the professional register are required. Third country nationals can enrol under

condition of reciprocity.

…[Annex 8-B]/en 115

With respect to Cross-border trade in services – Market access:

In **PT** : The professions of biologist, chemical analyst and agronomist are reserved for natural

persons.

_Measures:_

**IT** : Agronomists: Law 3/1976 on the profession of agronomists ("Periti agrari"): Law

434/1968 as amended by Law 54/1991.

**PT** : Decree Law 119/92;

Law 47/2011; and

Decree Law 183/98.

…[Annex 8-B]/en 116

**(g)** **Security Services (CPC 87302, 87303, 87304, 87305, 87309)**

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **EE** : Residency is required for providing security services and for security guards.

In **IT** : Nationality of a Member State of the European Union and residency is required in

order to obtain the necessary authorisation to supply security guard services and the transport

of valuables.

In **PT** : The provision of security services by a foreign supplier on a cross-border basis is not

allowed.

A nationality requirement exists for specialised personnel.

…[Annex 8-B]/en 117

With respect to Investment liberalisation – National treatment and Cross-border trade in

services - Market access:

In **DK** : Residence requirement for individuals applying for an authorisation to conduct

security service, as well as for managers and the majority of members of the board of a legal

entity applying for an authorisation to conduct security services. However, residence is not

required to the extent it follows from international agreements or orders issued by the

Minister for Justice.

_Measures:_

**DK** : Lovbekendtgørelse 2016-01-11 nr. 112 om vagtvirksomhed.

**EE** : Turvaseadus (Security Act ) § 21, § 43.

**IT** : Law on public security (TULPS) 773/1931, Articles 133-141; Royal Decree 635/1940,

Article 257.

**PT** : Law 34/2013; and

Ordinance 273/2013.

…[Annex 8-B]/en 118

**(h)** **Placement Services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209)**

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment (applies also to the regional level

of government):

In **BE** : In the Flemish Region, a company having its head office outside the EEA has to prove

that it supplies placement services in its country of origin. In the Walloon Region, a specific

type of legal entity (régulièrement constituée sous la forme d'une personne morale ayant une

forme commerciale, soit au sens du droit belge, soit en vertu du droit d'un Etat membre ou

régie par celui-ci, quelle que soit sa forme juridique) is required to supply placement services.

A company having its head office outside the EEA has to demonstrate that it fulfils the

conditions as set out in the Decree (for instance on the type of legal entity) and has to prove

that it supplies placement services in its country of origin. In the German-speaking

community, a company having its head office outside the EEA has to prove that it supplies

placement services in its country of origin and has to fulfil the admission criteria established

by the mentioned Decree (CPC 87202).

…[Annex 8-B]/en 119

With respect to Investment liberalisation – National treatment and Cross-border trade in

services – National treatment:

In **DE** : Nationality of a Member State of the European Union or a commercial presence in the

European Union is required in order to obtain a licence to operate as a temporary employment

agency (pursuant to s. 3 paragraphs 3 to 5 of this Act on temporary agency work

(Arbeitnehmerüberlassungsgesetz). The Federal Ministry of Labour and Social Affairs may

issue a regulation concerning the placement and recruitment of non-European Union and non

EEA personnel for specified professions e.g. for health and care related professions (CPC

87201, 87202, 87203, 87204, 87205, 87206, 87209).

With respect to Investment liberalisation – Market access:

In **ES** : Prior to the start of the activity, placement agencies are required to submit a sworn

statement certifying the fulfilment of the requirements stated by the current legislation (CPC

87201, 87202).

_Measures:_

**BE** : Flemish Region: Besluit van de Vlaamse Regering van 10 december 2010 tot uitvoering

van het decreet betreffende de private arbeidsbemiddeling.

…[Annex 8-B]/en 120

Walloon Region: Décret du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences

de placement (Decree of 3 April 2009 on registration of placement agencies), Article 7; and

Arrêté du Gouvernement wallon du 10 décembre 2009 portant exécution du décret du 3 avril

2009 relatif à l'enregistrement ou à l'agrément des agences de placement (Decision of the

Walloon Government of 10 December 2009 implementing the Decree of 3 April 2009 on

registration of placement agencies), Article 4.

German-speaking community: Dekret über die Zulassung der Leiharbeitsvermittler und die

Überwachung der privaten Arbeitsvermittler / Décret du 11 mai 2009 relatif à l'agrément des

agences de travail intérimaire et à la surveillance des agences de placement privées, Article 6.

**DE** : § 1 and 3 Abs 5 Arbeitnehmerüberlassungsgesetz –AÜG § 292 SGB III§ 38

Beschäftigungsverordnung.

**ES** : Real Decreto-ley 8/2014, de 4 de julio, de aprobación de medidas urgentes para el

crecimiento, la competitividad y la eficiencia (tramitado como Ley 18/2014, de 15 de

octubre).

…[Annex 8-B]/en 121

**(i)** **Translation and interpretation services (CPC 87905)**

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

In **BG** : A contract with the Ministry of Foreign Affairs is required for official translations

provided by translation agencies.

In **CY** : Registration to registry of translators is necessary for the provision of official

translation and certification services. Nationality requirement applies.

In **HU** : Official translations, official certifications of translations, and certified copies of

official documents in foreign languages may only be provided by the Hungarian Office for

Translation and Attestation (OFFI).

In **PL** : Only natural persons may be sworn translators.

…[Annex 8-B]/en 122

With respect to Investment liberalisation – National treatment and Cross-border trade in

services – Market access, National treatment:

In **FI** : Residency in EEA is required for certified translators.

With respect to Investment liberalisation – National treatment and Cross-border trade in

services – National treatment:

In **EE** : A sworn translator must be a national of a Member State of the European Union.

In **HR** : EEA nationality is required for certified translators.

_Measures:_

**BG** : Regulation for the legalisation, certification and translation of documents.

**CY** : The Establishment, Registration and Regulation of the Certified Translator Services in

the Republic of Cyprus Law.

…[Annex 8-B]/en 123

**EE** : Vandetõlgi seadus § 2 (3), § 16, (Sworn Translators Act).

**FI** : Laki auktorisoiduista kääntäjistä (Act on Authorised Translators) (1231/2007), s. 2(1)).

**HR** : Ordinance on permanent court interpreters (OG 88/2008), Article 2.

**HU** : Decree of the Council of Ministers No. 24/1986 on Official translation and

interpretation.

**PL** : Act of 25 November 2004 on the profession of sworn translator or interpreter (Journal of

Laws no 273 item 2702), Article 2.1.

…[Annex 8-B]/en 124

**(j)** **Other business services (part of CPC 612, part of 621, part of 625, 87901, 87902, 88493,**

**part of 893, part of 85990, 87909, ISIC 37)**

With respect to Investment liberalisation – Market access:

In **SE** : Pawn-shops must be established as a limited liability company or as a branch (part of

CPC 87909).

_Measures:_

**SE** : Pawn shop act (1995:1000).

In **CZ** : An authorised package company is only allowed to provide services relating to

packaging take-back and recovery and must be a legal person established as a joint-stock

company (CPC 88493, ISIC 37).

_Measures:_

**CZ** : Act. 477/2001 Coll. (Packaging Act) paragraph 16.

…[Annex 8-B]/en 125

In **NL** : To provide hallmarking services, commercial presence in the Netherlands is required.

The hallmarking of precious metal Articles is currently exclusively granted to two Dutch

public monopolies (part of CPC 893).

_Measures:_

**NL** : Waarborgwet 1986.

–
With respect to Investment liberalisation Market access, National treatment:

In **PT** : Nationality of a Member State of the European Union is required for the provision of

collection agency services and credit reporting services (CPC 87901, 87902).

_Measures:_

**PT** : Law 49/2004.

…[Annex 8-B]/en 126

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **CZ** : Auction services are subject to licence. To obtain a licence (for the supply of voluntary

public auctions), a company must be incorporated in the Czech Republic and a natural person

is required to obtain a residency permit, and the company, or natural person must be

registered in the Commercial Register of the Czech Republic (part of CPC 612, part of 621,

part of 625, part of 85990).

_Measures:_

**CZ** : Act no.455/1991 Coll.;

Trade Licence Act; and

Act no. 26/2000 Coll., on public auctions.

With respect to Cross-border trade in services –Market access:

In **SE** : The economic plan for a building society must be certified by two persons. These

persons must be publicly approved by authorities in the EEA (CPC 87909).

_Measures:_

**SE** : Cooperative building societies law (1991:614).

…[Annex 8-B]/en 127

**Reservation No. 7 - Communication services**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Communication services - postal and courier services

Part of CPC 71235, part of 73210, part of 751

Market access

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

EU/Member State(unless otherwise specified)

…[Annex 8-B]/en 128

Description:

**Postal and courier services (part of CPC 71235, part of CPC 73210, part of 751)**

With respect to Investment liberalisation - Market access and Cross-border trade in services 

Market access:

The **EU** : The organisation of the siting of letter boxes on the public highway, the issuing of

postage stamps and the provision of the registered mail service used in the course of judicial

or administrative procedures may be restricted in accordance with national legislation.

Licensing systems may be established for those services for which a general universal service

obligation exists. These licences may be subject to particular universal service obligations or a

financial contribution to a compensation fund.

_Measures:_

**EU** : Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997

on common rules for the development of the internal market of Community postal services

and the improvement of quality of service, as amended by Directive 2002/39/EC and

Directive 2008/06/EC.

…[Annex 8-B]/en 129

**Reservation No. 8 - Distribution services**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Distribution services – general, of tobacco, of alcoholic beverages

CPC 3546, part of 621, 6222, 631, part of 632

Market access

National treatment

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

EU/Member State (unless otherwise specified)

…[Annex 8-B]/en 130

Description:

**(a)** **Distribution services (CPC 3546, 631, 632 except 63211, 63297, 62276, part of 621)**

With respect to Investment liberalisation – Market access:

In **PT** : A specific authorisation scheme exists for the installation of certain retail

establishments and shopping centres. This relates to shopping centres that have a gross

leasable area equal or greater than 8,000m [2], and retail establishments having a sales area

equal or exceeding 2,000m [2], when located outside shopping centres. Main criteria:

Contribution to a multiplicity of commercial offers; assessment of services to consumer;

quality of employment and corporate social responsibility; integration in urban environment;

contribution to eco-efficiency (CPC 631, 632 except 63211, 63297).

–                    With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **CY** : Nationality requirement exists for distribution services on pharmaceutical

representatives (CPC 62117).

…[Annex 8-B]/en 131

With respect to Cross-border trade in services – Market access, National treatment:

In **LT** : The distribution of pyrotechnics is subject to licensing. Only the juridical persons

established in the European Union may obtain a licence (CPC 3546).

_Measures:_

**CY** : Law 74(i) 202.

**LT** : Law on Supervision of Civil Pyrotechnics Circulation (23 March 2004. No. IX-2074).

**PT** : Decree-Law No. 10/2015, 16 January.

**(b)** **Distribution of tobacco (part of CPC 6222, 62228, part of 6310, 63108)**

–
With respect to Investment liberalisation Market access, National treatment:

In **FR** : State monopoly on wholesale and retail sales of tobacco. Nationality requirement for

tobacconists (buraliste) (part of CPC 6222, part of 6310).

…[Annex 8-B]/en 132

With respect to Investment liberalisation – National treatment and Cross-border trade in

services – National treatment:

In **AT** : Only natural persons may apply for an authorisation to operate as a tobacconist.

Priority is given to nationals of a Member State of the EEA (CPC 63108).

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **ES** : There is a state monopoly on retail sales of tobacco. Establishment is subject to a

European Union Member State nationality requirement. Only natural persons may operate as

a tobacconist. Each tobacconist cannot obtain more than one license (CPC 63108).

In **IT** : In order to distribute and sell tobacco, a licence is needed. The licence is granted

through public procedures. The granting of licences is subject to an economic needs test.

Main criteria: population and geographical density of existing selling points (part of CPC

6222, part of 6310).

…[Annex 8-B]/en 133

_Measures:_

**AT** : Tobacco Monopoly Act 1996, § 5 and § 27.

**ES** : Law 14/2013 of 27 September 2014.

**FR** : Code général des impôts, Article 568 and Articles 276-279 de l'annexe 2 de ce code.

**IT** : Legislative Decree 184/2003;

Law 165/1962;

Law 3/2003;

Law 1293/1957;

Law 907/1942; and

Decree of the President of the Republic (D.P.R.) 1074/1958.

…[Annex 8-B]/en 134

**(c)** **Distribution of alcoholic beverages (CPC 62226, 631)**

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

In **SE** : Systembolaget AB has a governmental monopoly on retail sales of liquor, wine and

beer (except non-alcoholic beer). Alcoholic beverages are beverages with an alcohol content

over 2.25 per cent per volume. For beer, the limit is an alcohol content over 3.5 per cent per

volume (part of CPC 631).

_Measures:_

**SE** : The Alcohol Act (2010:1622).

…[Annex 8-B]/en 135

**Reservation No. 9 - Education services**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Education services (privately funded)

CPC 921, 922, 923, 924

Market access

National treatment

Senior management and boards of directors

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

EU/Member State (unless otherwise specified)

…[Annex 8-B]/en 136

Description:

–
With respect to Investment liberalisation Market access, National treatment:

In **BG** : Privately funded primary and secondary education services may only be supplied by

authorised Bulgarian enterprises (commercial presence is required). Bulgarian kindergartens

and schools having foreign participation may be established or transformed at the request of

associations, or corporations, or enterprises of Bulgarian and foreign natural or legal entities,

duly registered in Bulgaria, by decision of the Council of Ministers on a motion by the

Minister of Education, Youth and Science. Foreign owned kindergartens and schools may be

established or transformed at the request of foreign legal entities in accordance with

international agreements and conventions and under the provisions above. Foreign high

schools cannot establish subsidiaries in the territory of Bulgaria. Foreign high schools may

open faculties, departments, institutes and colleges in Bulgaria only within the structure of

Bulgarian high schools and in cooperation with them (CPC 921, 922).

In **SI** : Privately funded elementary schools may be founded by Slovenian natural or legal

persons only. The service supplier must establish a registered office or branch office (CPC

921).

…[Annex 8-B]/en 137

With respect to Investment liberalisation – Market access:

In **CZ** and **SK** : Establishment in a Member State of the European Union required to apply for

state approval to operate as a privately funded higher education institution. This reservation

does not apply to secondary technical and vocational education services (CZ CPC 92390, SK

CPC 92).

In **ES** and **IT** : An authorisation is required in order to open a privately funded university

which issues recognised diplomas or degrees. An economic needs test is applied. Main

criteria: population and density of existing establishments.

In **ES** : The procedure involves obtaining the advice of the Parliament.

In **IT** : This is based on a three year programme and only Italian juridical persons may be

authorised to issue state-recognised diplomas (CPC 923).

…[Annex 8-B]/en 138

–
With respect to Investment liberalisation National treatment, Senior management and

boards of directors and Cross-border trade in services – Market access:

In **EL** : Nationality of a Member State of the European Union is required for owners and a

majority of the members of the board of directors in privately funded primary and secondary

schools, and for teachers in privately funded primary and secondary education (CPC 921,

922). Education at university level shall be provided exclusively by institutions which are

fully self-governed public law legal persons. However, Law 3696/2008 permits the

establishment by European Union residents (natural or legal persons) of private tertiary

education institutions granting certificates which are not recognised as being equivalent to

university degrees (CPC 923).

…[Annex 8-B]/en 139

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

In **AT** : The provision of privately funded university level education services in the area of

applied sciences requires an authorisation from the competent authority, the Council for

Higher education (Fachhochschulrat). An investor seeking to provide an applied science study

programme must have his primary business being the supply of such programmes, and must

submit a needs assessment and a market survey for the acceptance of the proposed study

programme. The competent Ministry may deny an authorisation where the programme is

determined to be incompatible with national educational interests. The applicant for a private

university requires an authorisation from the competent authority (the Austrian Accreditation

Council). The competent Ministry may deny the approval if the decision of the accreditation

authority does not comply with national educational interests (CPC 923).

…[Annex 8-B]/en 140

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **FR** : Nationality of a Member State of the European Union is required in order to teach in a

privately funded educational institution (CPC 921, 922, 923). However, nationals of Japan

may obtain an authorisation from the relevant competent authorities in order to teach in

primary, secondary and higher level educational institutions. Nationals of Japan may also

obtain an authorisation from the relevant competent authorities in order to establish and

operate or manage primary, secondary or higher level educational institutions. Such

authorisation is granted on a discretionary basis.

With respect to Cross-border trade in services – Market access, National treatment:

In **MT** : Service suppliers seeking to provide privately funded higher or adult education

services must obtain a licence from the Ministry of Education and Employment. The decision

on whether to issue a licence may be discretionary (CPC 923, 924).

…[Annex 8-B]/en 141

_Measures:_

**AT** : University of Applied Sciences Studies Act, BGBl. I Nr. 340/1993 as amended, § 2;

Private University Act, BGBl. I Nr. 74/2011 as amended, § 2; and

Act on Quality Assurance in Higher Education, BGBl. Nr. 74/2011 as amended, § 25 (3).

**BG** : Public Education Act, Article 12; and

Law for the Higher Education, paragraph 4 of the additional provisions.

**CZ** : Act No. 111/1998, Coll. (Higher Education Act), § 39; and

Act No. 561/2004 Coll. on Pre-school, Basic, Secondary, Tertiary Professional and Other

Education (the Education Act).

**EL** : Laws 682/1977, 284/1968, 2545/1940, Presidential Degree 211/1994 as amended by

Presidential Degree 394/1997, Constitution of Hellas, Article 16, paragraph 5 and Law

3549/2007.

**ES** : Ley Orgánica 6/2001, de 21 de Diciembre, de Universidades (Law 6 / 2001 of 21

December, on Universities), Article 4.

…[Annex 8-B]/en 142

**FR** : Code de l'éducation, Articles L 444-5, L 914-4, L 441-8, L 731-8, L 731-1 to 8.

**IT** : Royal Decree 1592/1933 (Law on secondary education);

Law 243/1991 (Occasional public contribution for private universities);

Resolution 20/2003 of CNVSU (Comitato nazionale per la valutazione del sistema

universitario); and

Decree of the President of the Republic (DPR) 25/1998.

**MT** : Legal Notice 296 of 2012.

**SI** : Organisation and Financing of Education Act (Official Gazette of Republic of Slovenia,

no. 12/1996) and its revisions, Article 40.

**SK** : Law No. 131 of 21 February 2002 on Higher Education and on Changes and

Supplements to Some Laws.

…[Annex 8-B]/en 143

**Reservation No. 10 - Environmental services**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Environmental services – processing and recycling of used batteries

and accumulators, old cars and waste from electrical and electronic

equipment; protection of ambient air and climate cleaning services

of exhaust gases

Part of CPC 9402, 9404

Market access

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

Description:

EU/Member State (unless otherwise specified)

In **SK** : For processing and recycling of used batteries and accumulators, waste oils, old cars

and waste from electrical and electronic equipment, incorporation in a Member State of the

European Union or a Member State of the EEA is required (residency requirement) (part of

CPC 9402).

…[Annex 8-B]/en 144

With respect to Cross-border trade in services – Market access:

In **SE** : Only entities established in Sweden or having their principal seat in Sweden are

eligible for accreditation to perform control services of exhaust gas (CPC 9404).

_Measures:_

**SE** : The Vehicles Act (2002:574).

**SK** : Act 79/2015 on Waste.

…[Annex 8-B]/en 145

**Reservation No. 11 - Financial services**

Sector – sub

sector:

Type of

reservation:

Financial services – insurance and banking

Market access

National treatment

Senior management and boards of directors

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

EU/Member State (unless otherwise specified)

…[Annex 8-B]/en 146

Description:

**(a)** **Insurance**

In **BG** : Pension insurance shall be carried out as a joint-stock company licensed in accordance

with the Code of Social Insurance and registered under the Commerce Act or under the

legislation of another Member State of the European Union (no branches). The promoters and

shareholders of pension insurance companies may be non-resident legal persons, registered as

a social insurance, commercial insurance or other financial institution under the national law

thereof, if they present bank references from a first-class foreign bank confirmed by the

Bulgarian National Bank. Non-resident individuals cannot be promoters and shareholders of

pension insurance companies. The income of the supplementary voluntary pension funds: as

well as similar income directly connected with voluntary pension insurance carried out by

persons who are registered under the legislation of another Member State of the European

Union and who may, in compliance with the legislation concerned, perform voluntary pension

insurance operations, shall not be taxable according to the procedure established by the

Corporate Income Tax Act. The chairperson of the management board, the chairperson of the

board of directors, the executive director and the managerial agent must have a permanent

address or hold a durable residence permit in Bulgaria.

…[Annex 8-B]/en 147

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **AT** : Promotional activity and intermediation on behalf of a subsidiary not established in

the European Union or of a branch not established in AT (except for reinsurance and

retrocession) are prohibited.

In **DE** and **LT** : The supply of direct insurance services by insurance companies not

established in the European Union requires the setting up and authorisation of a branch.

In **DK** : No persons or companies (including insurance companies) may, for business

purposes, assist in effecting direct insurance for persons resident in DK, for Danish ships or

for property in DK, other than insurance companies licensed by Danish law or by Danish

competent authorities.

In **PL** : Local incorporation (no branches) is required for insurance intermediaries.

…[Annex 8-B]/en 148

–
With respect to Investment liberalisation Market access, National treatment:

In **AT** : In order to obtain a licence to open a branch office, foreign insurers must have a legal

form corresponding or comparable to a joint stock company or a mutual insurance association

in their home country. The management of a branch office must consist of at least two natural

persons resident in AT.

In **BG** : Before establishing a branch or agency to provide insurance, a foreign insurer or re

insurer must have been authorised to operate in its country of origin in the same classes of

insurance as those it wishes to provide in BG. Residency requirement for the members of

managing and supervisory body of (re)insurance undertakings and every person authorised to

manage or represent the (re)insurance undertaking.

In **ES** : Before establishing a branch or agency in Spain in order 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.

In **PT** : In order to establish a branch or agency, foreign insurance companies need to

demonstrate prior operational experience of at least five years.

…[Annex 8-B]/en 149

In **PT**, **ES** and **BG** : Direct branching is not permitted for insurance intermediation, which is

reserved to companies formed in accordance with the law of a Member State of the European

Union.

With respect to Investment liberalisation – Market access:

In **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.

With respect to National treatment only;

In **SE** : Insurance mediation undertakings not incorporated in the European Union may

establish only through a branch.

With respect to Cross-border trade in services – Market access, National treatment:

In **IT** : European Union nationality is required for the practice of the actuarial profession,

except for foreign professionals who may be allowed to practice based on reciprocity.

…[Annex 8-B]/en 150

In **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.

_Measures:_

**AT** : Insurance Supervision Act, §5 (1) 3 (VAG), BGBI. Nr. 569/1978, §1 (2).

**BG** : Insurance Code, Articles 12, 56-63, 65, 66 and 80 paragraph 4.

**DE** : §§67-69 Versicherungsaufsichtsgesetz (VAG) for all insurance services- implements

Solvency 2; in connection with §105 Luftverkehrs-Zulassungs-Ordnung (LuftVZO) only for

compulsory air liability insurance.

**DK** : Lov om finansiel virksomhed jf. lovbekendtgørelse 182 af 18. februar 2015.

**EL** : Legislative Degree 400/1970.

**ES** : Reglamento de Ordenación, Supervisión y Solvencia de Entidades Aseguradoras y

Reaseguradoras (RD 1060/2015, de 20 de noviembre de 2015), Article 36.

…[Annex 8-B]/en 151

**IT** : Article 29 of the code of private insurance (Legislative decree no. 209 of 7 September

2005); and

Law 194/1942, Article 4, Law 4/1999 on the register.

**LT** : Law on Insurance, 18 of September, 2003 m. Nr. IX-1737, last amendment 15 of

December 2016; and

Law No. XIII-98.

**PL** : Act on insurance activity of May 22, 2003 (Journal of Laws 2003, No 124, item 1151);

and

Act on insurance mediation of May 22, 2003 (Journal of Laws 2003, No 124, item 1154),

Articles 16 and 31.

**PT** : Article 7 of Decree-Law 94-B/98 and chapter I, Section VI of Decree-Law 94-B/98,

Articles 34, nr. 6, 7, and Article 7 of Decree-Law 144/2006.

**SE** : Lag om försäkringsförmedling (Insurance Mediation Act) (2005:405); and

Foreign Insurers Business in Sweden Act (1998:293).

…[Annex 8-B]/en 152

**(b)** **Banking and other financial services**

With respect to Cross-border trade in services – Market access, National treatment:

In **HU** : Non-EEA companies may provide financial services or engage in activities auxiliary

to financial services solely through a branch in HU.

–
With respect to Investment liberalisation Market access, National treatment:

In **BG** : The persons who manage and represent the bank shall be personally present at its

management address. The financial institution shall have its main business in the territory of

Bulgaria.

In **HU** : The board of directors of a credit institution shall have at least two members

recognised as resident according to foreign exchange regulations and having had prior

permanent residency in HU for at least one year.

Branches of non-EEA investment fund management companies may not engage in the

management of European investment funds and may not provide asset management services

to private pension funds.

…[Annex 8-B]/en 153

In **RO** : Market operators are legal persons set up as joint stock companies according to the

provisions of the Company law. Alternative trading systems can be managed by a system

operator set up under the conditions described above or by an investment firm authorised by

CNVM.

In **SE** : A founder of a savings bank shall be a natural person resident in a Member State of the

EEA.

With respect to Market access only:

In **PT** : Pension fund management may be provided only by specialised companies

incorporated in PT for that purpose and by insurance companies established in PT and

authorised to take up life insurance business, or by entities authorised to provide pension fund

management in other Member States of the European Union. Direct branching from non

European Union countries is not permitted.

In **SI** : A pension scheme may be provided by a mutual pension fund (which is not a legal

entity and is therefore managed by an insurance company, a bank or a pension company), a

pension company or an insurance company. Additionally, a pension scheme can also be

offered by pension scheme providers established in accordance with the regulations applicable

in a Member State of the European Union.

…[Annex 8-B]/en 154

–                 With respect to Investment liberalisation Market access, National treatment and to Cross

border trade in services – Market access, National treatment:

In **IT** : In order to be authorised to manage the securities settlement system or central

securities depository services with an establishment in Italy, a company is required to be

incorporated in Italy (no branches). In the case of collective investment schemes other than

undertakings for collective investment in transferable securities ("UCITS") harmonised under

European Union legislation, the trustee or depository is required to be established in Italy or

in another Member State of the European Union and have a branch in Italy. Management

enterprises of investment funds not harmonised under European Union legislation are also

required to be incorporated in Italy (no branches). Only banks, insurance enterprises,

investment firms and enterprises managing UCITS harmonised under UE legislation having

their legal head office in the European Union, as well as UCITS incorporated in Italy, may

carry out the activity of pension fund resource management. 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 Union. Representative offices of non- European

Union intermediaries cannot carry out activities aimed at providing investment services,

including trading for own account and for the account of customers, placement and

underwriting financial instruments (branch required).

…[Annex 8-B]/en 155

_Measures:_

**BG** : Law of Credit Institutions, Articles 2 and 17;

Code of Social Insurance, Article 121e; and

Currency Law, Article 3.

**HU** : Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises;

Act CCXXXVII of 2013 on Credit Institutions and Financial Enterprises; and

Act CXX of 2001 on the Capital Market.

**IT** : Legislative Decree 58/1998, Articles 1, 19, 28, 30-33, 38, 69 and 80;

Joint Regulation of Bank of Italy and Consob 22.2.1998, Articles 3 and 41;

Regulation of Bank of Italy 25.1.2005; and

Title V, Chapter VII, Section II, Consob Regulation 16190 of 29.10.2007, Articles 17-21, 78

81, 91-111.

…[Annex 8-B]/en 156

**PT** : Decree-Law 12/2006, as amended by Decree-Law 180/2007 Decree-Law 357-A/2007,

Regulation 7/2007-R, as amended by Regulation 2/2008-R, Regulation 19/2008-R,

Regulation 8/2009.

**RO** : Law no. 297/2004 on capital markets, CNVM ("Comisia Nationala a Valorilor

Mobiliare") Regulation no. 2/2006 on regulated markets and alternative trading systems.

**SE** : Sparbankslagen (Savings Bank Act) (1987:619), Chapter 2, § 1, part 2.

**SI** : Pension and Disability Insurance Act (Official Gazette no. 102/15).

…[Annex 8-B]/en 157

**Reservation No. 12 - Health services and social services**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Health and social services

CPC 931, 933

Market access

National treatment

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

Description:

EU/Member State(unless otherwise specified)

In **DE** (applies also to the regional level of government): Rescue services and "qualified

ambulance services" are organised and regulated by the Länder. Most Länder delegate

competences in the field of rescue services to municipalities. Municipalities are allowed to

give priority to not-for-profit operators. This applies equally to foreign as well as domestic

service suppliers (CPC 931, 933). Ambulance services are subject to planning, permission and

accreditation. Telemedicine may only be provided in the context of a primary treatment

involving the prior physical presence of a doctor. The number of ICT (information and

communications technology) service suppliers may be limited to guarantee interoperability,

compatibility and necessary safety standards. This is applied in a non-discriminatory way.

…[Annex 8-B]/en 158

In **FR** : While other types of legal form are available for European Union investors, foreign

investors only have access to the legal forms of "société d'exercice liberal" and "société civile

professionnelle". For medical, dental and midwives services, French nationality is required.

However, access by foreigners is possible within annually established quotas. For medical,

dental and midwives services and services by nurses, provision through anonyme, à

responsabilité limitée ou en commandite par actions (SEL) or SCP only. For hospital and

ambulance services, residential health facilities (other than hospital services) and social

services, an authorisation is necessary in order to exercise management functions. The

authorisation process takes into account the availability of local managers.

–
With respect to Investment liberalisation Market access, National treatment:

In **AT** : Cooperation of physicians for the purpose of ambulatory public healthcare, so-called

group practices, can take place only under the legal form of Offene Gesellschaft/OG or

Gesellschaft mit beschränkter Haftung/GmbH. Only physicians may act as associates of such

a group practice. They must be entitled to independent medical practice, registered with the

Austrian Medical Chamber and actively pursue the medical profession in the practice. Other

natural or legal persons may not act as associates of the group practice and may not take share

in its revenues or profits (part of CPC 9312).

…[Annex 8-B]/en 159

With respect to Investment liberalisation – Market access:

In **HR** : Establishment of some privately funded social care facilities may be subject to needs

based limits in particular geographical areas (CPC 9311, 93192, 93193, 933).

In **SI** : a state monopoly is reserved for the following services: Supply of blood, blood

preparations, removal and preservation of human organs for transplant, socio-medical,

hygiene, epidemiological and health-ecological services, patho-anatomical services, and

biomedically-assisted procreation (CPC 931).

_Measures:_

**AT** : Medical Act, BGBl. I Nr. 169/1998, §§ 52a - 52c;

Federal Act Regulating High Level Allied Health Professions, BGBl. Nr. 460/1992; and

Federal Act regulating Medical Masseurs lower and upper level, BGBl. Nr. 169/2002.

**DE** : Bundesärzteordnung (Federal Medical Regulation):

Gesetz über die Ausübung der Zahnheilkunde;

Gesetz über die Berufe des Psychologischen Psychotherapeuten und des Kinder- und

Jugendlichentherapeuten (Act on the Provision of Psychotherapy Services of 16.07.1998);

Gesetz über die berufsmäßige Ausübung der Heilkunde ohne Bestallung;

…[Annex 8-B]/en 160

Gesetz über den Beruf der Hebamme und des Entbindungspflegers;

Gesetz über den Beruf der Rettungsassistentin und des Rettungsassistenten;

Gesetz über die Berufe in der Krankenpflege;

Gesetz über die Berufe in der Physiotherapie;

Gesetz über den Beruf des Logopäden;

Gesetz über den Beruf des Orthoptisten und der Orthoptistin;

Gesetz über den Beruf der Podologin und des Podologen;

Gesetz über den Beruf der Diätassitentin und des Diätassistenten;

Gesetz über den Beruf der Ergotherapeutin und des Ergotherapeuten;

Bundesapothekerorndung:

Gesetz über den Beruf des pharmazeutisch-technischen Assistenten;

Gesetz über technische Assistenten in der Medizin,Personenbeförderungsgesetz (Act on

Public Transport);

Gesetz über den Rettungsdienst (Rettungsdienstgesetz - RDG) in Baden-Württember vom

08.02.2010 (GBl. 2010, page 285);

Bayerisches Rettungsdienstgesetz (BayRDG) vom 22.07.2008 (GVBl 2008, page 429);

Gesetz über den Rettungsdienst für das Land Berlin (Rettungsdienstgesetz) vom 08.07.1993

(GVBl. page 313);

Gesetz über den Rettungsdienst im Land Brandenburg (BbgRettG) in der Fassung vom

18.05.2005;

Gesetz über den Rettungsdienst im Lande Bremen (BremRettDG) vom 22.09.1992;

…[Annex 8-B]/en 161

Hamburgisches Rettungsdienstgesetz (HmbRDG) vom 09.06.1992;

Gesetz über den Rettungsdienst für das Land Mecklenburg-Vorpommern (RDGM-V) vom

01.07.1993;

Niedersächsisches Rettungsdienstgesetz (NRettDG) vom 02.10.2007 (GVBl, page 473);

Gesetz über den Rettungsdienst sowie die Notfallrettung und den Krankentransport durch

Unternehmer (RettG NRW) vom 09.11.1992;

Landesgesetz über den Rettungsdienst sowie den Notfall- und Krankentransport (RettDG)

vom 22.04.1991;

Saarländisches Rettungsdienstgesetz (SRettG) vom 09.02.1994;

Gesetz zur Neuordnung des Brandschutzes, Rettungsdienstes und Katastrophenschutzes im

Freistaat Sachsen vom 24.06.2004;

Rettungsdienstgesetz des Landes Sachsen-Anhalt (RettDG LSA) vom 07.11.1993;

Gesetz über die Notfallrettung und den Krankentransport im Land Schleswig-Holstein (RDG)

vom 29.11.1991;

Thüringer Rettungsdienstgesetz (ThüRettG) vom 22.12.1992;

§ 8 Krankenhausfinanzierungsgesetz (Hospital Financing Act);

§§ 14, 30 Gewerbeordnung (German Trade, Commerce and Industry Regulation Act);

§ 108 Sozialgesetzbuch V (Book on Social Security No. V);

…[Annex 8-B]/en 162

Statutory Health Insurance:

§ 291b SGB V (Book on Social Security No. V) E-health provider;

§ 15 Sozialgesetzbuch VI (SGB VI, Book on Social Security No. VI);

§ 34 Sozialgesetzbuch VII (SGB VII, Book on Social Security No. VII), Unfallversicherung;

§ 21 Sozialgesetzbuch IX (SGB IX, Book on Social Security No. IX) Rehabilitation und

Teilhabe behinderter Menschen);

§ 72 Sozialgesetzbuch XI (SGB XI, Book on Social Security No. XI), Long-term Care

Insurance;

Landespflegegesetze:

Gesetz zur Umsetzung der Pflegeversicherung in Baden-Württemberg (Landespflegegesetz 

LPflG) vom 11. September 1995;

Gesetz zur Ausführung der Sozialgesetze (AGSG) vom 8. Dezember 2006;

Gesetz zur Planung und Finanzierung von Pflegeeinrichtungen

(Landespflegeeinrichtungsgesetz - LPflegEG) vom 19. Juli 2002;

Gesetz zur Umsetzung des Elften Buches Sozialgesetzbuch;

(Landespflegegesetz - LPflegeG) vom 29. Juni 2004;

Gesetz zur Ausführung des Pflege-Versicherungsgesetzes im Lande Bremen und zur

Änderung des Bremischen Ausführungsgesetzes zum Bundessozialhilfegesetz

(BremAGPflegeVG) vom 26. März 1996;

Hamburgisches Landespflegegesetz (HmbLPG) vom 18. September 2007;

Hessisches Ausführungsgesetz zum Pflege-Versicherungsgesetz vom 19. Dezember 1994;

…[Annex 8-B]/en 163

Landespflegegesetz (LPflegeG M-V) vom 16. Dezember 2003;

Gesetz zur Planung und Förderung von Pflegeeinrichtungen nach dem Elften Buch

Sozialgesetzbuch (Niedersächsisches Pflegegesetz - NPflegeG) vom 26. Mai 2004;

Gesetz zur Umsetzung des Pflege-Versicherungsgesetzes (Landespflegegesetz Nordrhein

Westfalen - PfG NW) vom 19. März 1996;

Landesgesetz zur Sicherstellung und Weiterentwicklung der pflegerischen Angebotsstruktur

(LPflegeASG) vom 25. Juli 2005 (GVBl 2005, S. 299) – (Rheinland-Pfalz);

Saarländisches Gesetz Nr. 1355 zur Planung und Förderung von Pflegeeinrichtungen vom 21.

Juni 1995;

Sächsisches Pflegegesetz (SächsPflegeG) vom 25. März 1996 ist zum 31.12.2002 außer Kraft

getreten);

Ausführungsgesetz zum Pflege-Versicherungsgesetz (PflegeV-AG) vom 7. August 1996;

Ausführungsgesetz zum Pflege-Versicherungsgesetz (Landes-pflegegesetz - LPflegeG) vom

10. Februar 1996;

Thüringer Gesetz zur Ausführung des Pflege-Versicherungsgesetzes (ThürAGPflegeVG) vom

20. Juli 2005;

Personenbeförderungsgesetz (Act on Public Transport);

Landeskrankenhausgesetz Baden-Württemberg vom 29.11.2007;

…[Annex 8-B]/en 164

Bavarian Act on Hospitals (Bayerisches Krankenhausgesetzes - BayKrG) vom 28.03.2007;

§§ 12, 13, 14 Krankenhausentwicklungsgesetz Brandenburg (BbgKHEG) vom 08.07.2009

(GVBl. I/09, page 310);

Berliner Gesetz zur Neuregelung des Krankenhausrechts vom 18.09.2011 (GVBl. page 483);

Bremisches Krankenhausgesetz (BrmKrHG) vom 12.04.2011 (Gesetzblatt Bremen vom

29.04.2011);

Hamburgisches Krankenhausgesetz (HmbKHG) vom 17.04.1991 (HmbGVBl. Page127;

§§ 17-19 Hessisches Krankenhausgesetz 2011 (HKHG 2011) vom 21.12.2010 (GVBl. I 2010,

Seite 587);

Krankenhausgesetz für das Land Mecklenburg-Vorpommern (LKHG M-V) vom 20.05.2011

(GVOBl. M-V 2011, page 327);

Niedersächsisches Krankenhausgesetz (NKHG) vom 19.01.2012 (Nds. GVBl. Nr. 1 vom

26.01.2012, page 2);

Krankenhausgestaltungsgesetz des Landes Nordrhein-Westfalen (KHGG NRW) vom

11.12.2007 (GV. NRW page 702);

§ 6 Landeskrankenhausgesetz Rheinland-Pfalz (LKG Rh-Pf) in der Fassung vom 01.12.2010

(GVBl. page 433);

Saarländisches Krankenhausgesetz (SKHG) vom 13.07.2005;

Gesetz zur Ausführung des Krankenhausfinanzierungsgesetzes (AG-KHG) in Schleswig

…[Annex 8-B]/en 165

Holstein vom 12.12.1986 (GVOBl. Schl.-H. page 302);

§ 3 Krankenhausgesetz Sachsen-Anhalt (KHG LSA) vom 14.04.2005 (GVBl. LSA 2005,

page 202);

Gesetz zur Neuordnung des Krankenhauswesens (Sächsisches Krankenhausgesetz 

SächsKHG) vom 19.08.1993 (Sächs GVBl. page 675);

§ 4 Thüringischer Krankenhausgesetz (Thür KHG) in der Fassung der Neubekanntmachung

30.04.2003 (GVBl. page 262); and

Gesetz zur Neuordnung des Krankenhauswesens (Sächsisches Krankenhausgesetz –

SächsKHG) vom 19. August 1993 (SächsGVBl. page 675).

**FR** : Loi 90-1258 relative à l'exercice sous forme de société des professions libérales, modifiée

par les lois 2001-1168 du 12 décembre 2001 et 2008-776 du 4 août 2008 et la loi 66-879 du

29 novembre 1966 (SCP); and

Code de la santé publique, articles L6122-1, L6122-2 (Ordonnance2010-177 du 23 février

2010).

**HR** : Health Care Act (OG 150/08, 71/10, 139/10, 22/11, 84/11, 12/12, 70/12, 144/12).

**SI** : Law of Health Services, Official Gazette of the RS, No. 23/2005, Articles 1,3 and 62-64;

and

Infertility Treatment and Procedures of the Biomedically-Assisted Procreation Act, Official

Gazette of the RS, No. 70/00, Articles 15 and 16.

…[Annex 8-B]/en 166

**Reservation No. 13 - Tourism and travel related services**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Tourism and travel related services - hotels, restaurants and

catering; travel agencies and tour operators services (including tour

managers); tourist guides services

CPC 641, 642, 643, 7471, 7472

Market access

National treatment

Senior management and boards of directors

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

EU/Member State(unless otherwise specified)

…[Annex 8-B]/en 167

Description:

In **BG** : Incorporation (no branches) is required. Tour operation or travel agency services may

be provided by a person established in a Member State of the European Union or in a Member

State of the EEA if, upon establishment in the territory of Bulgaria, the said person presents a

copy of a document certifying the right thereof to practice that activity and a certificate or

another document issued by a credit institution or an insurer containing data of the existence

of insurance covering the liability of the said person for damage which may ensue as a result

of a culpable non-fulfilment of professional duties. The number of foreign managers may not

exceed the number of managers who are Bulgarian nationals, in cases where the public (state

or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent. EEA

nationality requirement for tourist guides (CPC 641, 642, 643, 7471, 7472).

…[Annex 8-B]/en 168

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **CY** : A licence to establish and operate a tourism and travel company or agency, as well as

the renewal of an operating licence of an existing company or agency, shall be granted only to

European Union natural or legal persons. No non-resident company except those established

in another Member State of the European Union, can provide in the Republic of Cyprus, on an

organised or permanent basis, the activities referred to under Article 3 of the abovementioned

Law, unless represented by a resident company. The provision of tourist guide services

requires nationality of a Member State of the European Union (CPC 7471, 7472).

In **HR** : EEA nationality is required for hospitality and catering services in households and

rural homesteads (CPC 641, 642, 643, 7471, 7472).

In **EL** : the citizens of third countries have to obtain a diploma from the Tourist Guide Schools

of the Greek Ministry of Tourism, in order to be entitled to the right of practicing the

profession. By exception, the right of practicing the profession can be temporally accorded to

third countries citizens, by way of derogation of the above mention provisions, in the event of

the confirmed absence of a tourist guide for a specific language.

…[Annex 8-B]/en 169

In **ES** (for ES applies also to the regional level of government): Nationality of a Member State

of the European Union is required for the provision of tourist guide services (CPC 7472).

With respect to Cross-border trade in services – Market access, National treatment:

In **HU** : The supply of travel agent and tour operator services, and tourist guide services on a

cross-border basis is subject to a licence issued by the Hungarian Trade Licensing Office.

Licences are reserved to EEA nationals and juridical persons having their seats in the EEA

Member States (CPC 7471, 7472).

In **IT** (applies also to the regional level of government): tourist guides from non- European

Union countries need to obtain a specific licence from the region in order to act as a

professional tourist guide. Tourist guides from Member States of the European Union can

work freely without the requirement for such a licence. The licence is granted to tourist guides

demonstrating adequate competence and knowledge (CPC 7472).

…[Annex 8-B]/en 170

_Measures:_

**BG** : Law for Tourism, Articles 61, 113 and 146.

**CY** : The Tourism and Travel Offices and Tourist Guides Law 1995 to 2004 (N.41(I)/1995

2004).

**EL** : Presidential Degree 38/2010, Ministerial Decision 165261/IA/2010 (Gov. Gazette

2157/B), Article 50 of the law 4403/2016.

**ES** : Andalucía: Decreto 8/2015, de 20 de enero, Regulador de guías de turismo de Andalucía;

Aragón: Decreto 21/2015, de 24 de febrero, Reglamento de Guías de turismo de Aragón;

Cantabria: Decreto 51/2001, de 24 de julio, artcle 4, por el que se modifica el Decreto

32/1997, de 25 de abril, por el que se aprueba el reglamento para el ejercicio de actividades

turístico-informativas privadas;

Castilla y León: Decreto 25/2000, de 10 de febrero, por el que se modifica el Decreto

101/1995, de 25 de mayo, por el que se regula la profesión de guía de turismo de la

Comunidad Autónoma de Castilla y León;

Castilla la Mancha: Decreto 86/2006, de 17 de julio, de Ordenación de las Profesiones

Turísticas;

Cataluña: Decreto Legislativo 3/2010, de 5 de octubre, para la adecuación de normas con

rango de ley a la Directiva 2006/123/CE, del Parlamento y del Consejo, de 12 de diciembre de

2006, relativa a los servicios en el mercado interior, Article 88;

…[Annex 8-B]/en 171

Comunidad de Madrid: Decreto 84/2006, de 26 de octubre del Consejo de Gobierno, por el

que se modifica el Decreto 47/1996, de 28 de marzo;

Comunidad Valenciana: Decreto 90/2010, de 21 de mayo, del Consell, por el que se modifica

el reglamento regulador de la profesión de guía de turismo en el ámbito territorial de la

Comunitat Valenciana, aprobado por el Decreto 62/1996, de 25 de marzo, del Consell;

Extremadura: Decreto 37/2015, de 17 de marzo;

Galicia: Decreto 42/2001, de 1 de febrero, de Refundición en materia de agencias de viajes,

guias de turismo y turismo activo;

Illes Balears: Decreto 136/2000, de 22 de septiembre, por el cual se modifica el Decreto

112/1996, de 21 de junio, por el que se regula la habilitación de guía turístico en las Islas

Baleares;

Islas Canarias: Decreto 13/2010, de 11 de febrero, por el que se regula el acceso y ejercicio de

la profesión de guía de turismo en la Comunidad Autónoma de Canarias, Article 5;

La Rioja: Decreto 14/2001, de 4 de marzo, Reglamento de desarrollo de la Ley de Turismo de

La Rioja;

Navarra: Decreto Foral 288/2004, de 23 de agosto. Reglamento para actividad de empresas de

turismo activo y cultural de Navarra. Principado de Asturias: Decreto 59/2007, de 24 de

mayo, por el que se aprueba el Reglamento regulador de la profesión de Guía de Turismo en

el Principado de Asturias; and

…[Annex 8-B]/en 172

Región de Murcia: Decreto n.º 37/2011, de 8 de abril, por el que se modifican diversos

decretos en materia de turismo para su adaptación a la ley 11/1997, de 12 de diciembre, de

turismo de la Región de Murcia tras su modificación por la ley 12/2009, de 11 de diciembre,

por la que se modifican diversas leyes para su adaptación a la directiva 2006/123/CE, del

Parlamento Europeo y del Consejo de 12 de diciembre de 2006, relativa a los servicios en el

mercado interior.

**HR** : Hospitality and Catering Industry Act (OG 138/06, 152/08, 43/09, 88/10 i 50/12); and

Act on Provision of Tourism Services (OG No. 68/07 and 88/10).

**HU** : Act CLXIV of 2005 on Trade, Government Decree No. 213/1996 (XII.23.) on Travel

Organisation and Agency Activities.

**IT** : Law 135/2001 Articles 7.5 and 6; and

Law 40/2007 (DL 7/2007).

…[Annex 8-B]/en 173

**Reservation No. 14 - Recreational, cultural and sporting services**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Recreational services; other sporting services

CPC 962, part of 96419

Market access

National treatment

Senior management and boards of directors

Section: Investment liberalisation and Cross-border trade in services

Level of

government:

EU/Member State(unless otherwise specified)

…[Annex 8-B]/en 174

Description:

**Other sporting services (CPC 96419)**

–
With respect to Investment liberalisation National treatment, Senior management and

boards of directors and Cross-border trade in services –National treatment:

In **AT** (applies to the regional level of government): The operation of ski schools and

mountain guide services is governed by the laws of the Bundesländer. The provision of these

services may require nationality of a Member State of the EEA. Enterprises may be required

to appoint a managing director who is a national of a Member State of the EEA.

In **CY** : Nationality requirement for the establishment of a dance school and nationality

requirement for physical instructors.

…[Annex 8-B]/en 175

_Measures:_

**AT** : Kärntner Schischulgesetz, LGBL. Nr. 53/97;

Kärntner Berg- und Schiführergesetz, LGBL. Nr. 25/98;

NÖ- Sportgesetz, LGBL. Nr. 5710;

OÖ- Sportgesetz, LGBl. Nr. 93/1997;

Salzburger Schischul- und Snowboardschulgesetz, LGBL. Nr. 83/89;

Salzburger Bergführergesetz, LGBL. Nr. 76/81;

Steiermärkisches Schischulgesetz, LGBL. Nr.58/97;

Steiermärkisches Berg- und Schiführergesetz, LGBL. Nr. 53/76;

Tiroler Schischulgesetz. LGBL. Nr. 15/95;

Tiroler Bergsportführergesetz, LGBL. Nr. 7/98;

Vorarlberger Schischulgesetz, LGBL. Nr. 55/02 §4 (2)a;

Vorarlberger Bergführergesetz, LGBL. Nr. 54/02; and

Wien: Gesetz über die Unterweisung in Wintersportarten, LGBL. Nr. 37/02.

**CY** : Law 65(i)/1997; and

Law 17(i) /1995.

…[Annex 8-B]/en 176

**Reservation No. 15 - Transport services and services auxiliary to transport services**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Transport services - fishing and water transportation - any other

commercial activity undertaken from a ship; water transportation

and auxiliary services for water transport; rail transport and

auxiliary services to rail transport; road transport and services

auxiliary to road transport; services auxiliary to air transport

services; provision of combined transport services

ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 711, 712, 721, 741,

742, 743, 744, 745, 748, 749, 7461, 7469, 83103, 86751, 86754,

8730, 882

Market access

National treatment

Most-favoured-nation treatment

Senior management and boards of directors

Section: Investment liberalisation and Cross-border trade in services

Level of

government: EU/Member State(unless otherwise specified)

…[Annex 8-B]/en 177

Description:

**(a)** **Maritime transport and auxiliary services for maritime transport. Any commercial**

**activity undertaken from a ship (ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 721, Part of**

**742, 745, 74540, 74520, 74590, 882)**

–
With respect to Investment liberalisation Market access, National treatment, Senior

management and boards of directors; Cross-border trade in services – Market access, National

treatment:

In **BG** : The carriage and any activities related to hydraulic-engineering and underwater

technical works, prospecting and extraction of mineral and other inorganic resources,

pilotage, bunkering, receipt of waste, water-and-oil mixtures and other such, performed by

vessels in the internal waters, and the territorial sea of Bulgaria, may only be performed by

vessels flying the Bulgarian flag or vessels flying the flag of another Member State of the

European Union.

…[Annex 8-B]/en 178

The number of the service suppliers at the ports may be limited depending on the objective

capacity of the port, which is decided by an expert commission, set up by the Minister of

Transport, Information Technology and Communications.

Nationality requirement for supporting services. The master and the chief engineer of the

vessel shall mandatorily be nationals of a Member State of the European Union or the EEA,

or of the Swiss Confederation. Not less than 25 per cent of the positions at management and

operational level and not less than 25 per cent of the positions at order-taking level shall be

occupied by nationals of Bulgaria (ISIC Rev. 3.1 0501, 0502, CPC 5133, 5223, 721, 74520,

74540, 74590, 882).

_Measures:_

**BG** : Merchant Shipping Code; Law For the Sea Water, Inland Waterways and Ports of the

Republic of Bulgaria; Ordinance for the condition and order for selection of Bulgarian carriers

for carriage of passengers and cargoes under international treaties; and

Ordinance 3 for servicing of unmanned vessels.

…[Annex 8-B]/en 179

With respect to Investment liberalisation – Market access, National treatment; Cross-border

trade in services – Market access, National treatment:

In **BG** : Regarding supporting services for public transport carried out in Bulgarian ports, in

ports having national significance, the right to perform supporting activities is granted

through a concession contract. In ports having regional significance, this right is granted by a

contract with the owner of the port (CPC 74520, 74540, 74590).

_Measures:_

**BG** : Merchant Shipping Code; Law For the Sea Water, Inland Waterways and Ports of the

Republic of Bulgaria.

In **DK** : Pilotage-providers may only conduct pilotage service in Denmark, if they are

domiciled in an EU/EEA country and registered and approved by the Danish Authorities in

accordance with the Danish Act on Pilotage (CPC 74520).

_Measures:_

**DK** : Danish Pilotage Act, §18.

…[Annex 8-B]/en 180

With respect to Investment liberalisation - Market access, National treatment, Most-favoured

nation treatment, and Cross-border trade in services - Market access, National treatment,

Most-favoured-nation treatment:

In **DE** (applies also to the regional level of government): A vessel that does not belong to a

national of a Member State of the European Union may be used for activities other than

transport and auxiliary services in the German federal waterways only after specific

authorisation. Waivers for non- European Union vessels may only be granted if no European

Union vessels are available or if they are available under very unfavourable conditions, or on

the basis of reciprocity. Waivers for vessels flying under the Japanese flag may be granted on

the basis of reciprocity (§ 2 paragraph 3 KüSchVO). All activities falling within the scope of

the pilot law are regulated and accreditation is restricted to nationals of the EEA or the Swiss

Confederation.

For rental or leasing of seagoing vessels with or without operators, and for rental or leasing

without operator of non-seagoing vessels, the conclusion of contracts for freight transport by

ships flying a foreign flag or the chartering of such vessels may be restricted, depending on

the availability of ships flying under the German flag or the flag of another Member State of

the European Union.

…[Annex 8-B]/en 181

Transactions between residents and non-residents concerning:

(i) rental of internal waterways vessels, which are not registered in the economic area;

(ii) transport of freight with such internal waterways vessels; or

(iii) towing services by such internal waterways vessels,

within the economic area may be restricted (Water transport, Supporting services for water

transport, Rental of ships, Leasing services of ships without operators (CPC 721, 745, 83103,

86751, 86754, 8730)).

…[Annex 8-B]/en 182

_Measures:_

**DE** : §§ 1, 2 Flaggenrechtsgesetz (Flag Protection Act);

§ 2 Verordnung über die Küstenschifffahrt vom 05.07. 2002;

§§ 1, 2 Binnenschifffahrtsaufgabengesetz (BinSchAufgG);

Vorschriften aus der (Schifffahrts-) Patentverordnung in der Fassung vom 08.04.2008;

§ 9 Abs.2 Nr. 1 Seelotsgesetz vom 08.12. 2010 (BGBl. I S. 1864);

§ 1 Nr. 9, 10, 11 und 13 Seeaufgabengesetz (SeeAufgG); and

See-Eigensicherungsverordnung vom 19.09.2005 (BGBl. I S. 2787), geändert durch Artikel

516 Verordnung vom 31.10.2006 (BGBl. I S. 2407).

In **FI** : supporting services for maritime transport when provided in Finnish maritime waters

are reserved to fleets operating under the national, European Union or Norwegian flag (CPC

745).

_Measures:_

**FI** : Merilaki (Maritime Act) (674/1994); and

Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919),

s. 4.

…[Annex 8-B]/en 183

With respect to Investment liberalisation - Market access:

In **EL** : Public monopoly imposed in port areas for cargo handling services (CPC 741).

_Measures:_

**EL** : Code of Public Maritime Law (Legislative Decree 187/1973).

In **IT** : An economic needs test is applied for maritime cargo-handling services. Main criteria:

number of and impact on existing establishments, population density, geographic spread and

creation of new employment (CPC 741).

_Measures:_

**IT** : Shipping Code;

Law 84/1994; and

Ministerial decree 585/1995.

…[Annex 8-B]/en 184

**(b)** **Rail transport and auxiliary services to rail transport (CPC 711, 743)**

                             -                             With respect to Investment liberalisation Market access, National treatment, and Cross

border trade in services - Market access, National treatment:

In **BG** : Only nationals of a Member State of the European Union may provide rail transport or

supporting services for rail transport in Bulgaria. A licence to carry out passenger or freight

transportation by rail is issued by the Minister of Transport to railway operators registered as

traders (CPC 711, 743).

_Measures:_

**BG** : Law for Railway Transport, Articles. 37, 48.

With respect to Investment liberalisation - Market access:

In **LT** : The exclusive rights for the provision of transit services are granted to railway

undertakings which are owned, or whose stock is 100 per cent owned, by the state (CPC 711).

…[Annex 8-B]/en 185

_Measures:_

**LT** : Railway transport Code of the Republic of Lithuania of 22 April 2004 No. IX-2152 as

amended by 8 June 2006 No. X-653.

**(c)** **Road transport and services auxiliary to road transport (CPC 712, 7121, 7122, 71222,**

**7123)**

                             -                             With respect to Investment liberalisation Market access, National treatment, and Cross

border trade in services - Market access, National treatment:

In **AT** : For passenger and freight transportation, exclusive rights or authorisations may only

be granted to nationals of the Member States of the European Union and to juridical persons

of the European Union having their headquarters in the European Union (CPC 712).

_Measures:_

**AT** : Güterbeförderungsgesetz (Goods Transportation Act), BGBl. Nr. 593/1995; § 5;

Gelegenheitsverkehrsgesetz (Occasional Traffic Act), BGBl. Nr. 112/1996; § 6; and

Kraftfahrliniengesetz (Law on Scheduled Transport), BGBl. I Nr. 203/1999 as amended, §§ 7

and 8.

…[Annex 8-B]/en 186

With respect to Investment liberalisation - National treatment, Most-favoured-nation

treatment, and Cross-border trade in services - National treatment, Most-favoured-nation

treatment:

In **EL** : For operators of road freight transport services. In order to engage in the occupation of

road freight transport operator a Hellenic licence is needed. Licences are granted on non–

discriminatory terms, under condition of reciprocity road freight transport operations

established in Greece may only use vehicles that are registered in Greece (CPC 7123).

_Measures:_

**EL** : Licensing of road freight transport operators: Greek law 3887/2010 (Government Gazette

A' 174), as amended by Article 5 of law 4038/2012 (Government Gazette A' 14)-EC

Regulations 1071/09 and 1072/09.

With respect to Investment liberalisation - Market access:

In **IE** : Economic needs test for intercity bussing services. Main criteria: number of and impact

on existing establishments, population density, geographical spread, impact on traffic

conditions and creation of new employment (CPC 7121, CPC 7122).

…[Annex 8-B]/en 187

_Measures:_

**IE** : Public Transport Regulation Act 2009.

With respect to Investment liberalisation - Market access and Cross-border trade in services 

Market access:

In **MT** : Taxis - numerical restrictions on the number of licences apply.

Karozzini (horse drawn carriages): Numerical Restrictions on the number of licences apply

(CPC 712).

_Measures:_

**MT** : Taxi Services Regulations (SL499.59).

In **PT** : Economic needs test for limousine services. Main criteria: number of and impact on

existing establishments, population density, geographic spread, impact on traffic conditions

and creation of new employment (CPC 71222).

_Measures:_

**PT** : Decree-Law 41/80, August 21.

…[Annex 8-B]/en 188

With respect to Investment liberalisation - National treatment and Cross-border trade in

services - National treatment:

In **CZ** : Incorporation in the Czech Republic is required (no branches) for the provision of road

transport services.

_Measures:_

**CZ** : Act no. 111/1994 Coll., on Road Transport.

With respect to Cross-border trade in services - National treatment:

In **RO** : Road haulage and road passenger transport operators may only use vehicles that are

registered in Romania, owned and used according to the Government Ordinance provisions

(CPC 7121, CPC 7122, CPC 7123).

_Measures:_

**RO** : Romanian law on road transportation (Government Ordinance no. 27/2011).

…[Annex 8-B]/en 189

With respect to Investment liberalisation - Market access, National treatment, Most-favoured

nation treatment, and Cross-border trade in services - Market access, National treatment,

Most-favoured-nation treatment:

In **SE** : In order to engage in the occupation of road transport operator, a Swedish licence is

needed. Criteria for receiving a taxi licence include that the company has appointed a natural

person to act as the transport manager (a _de facto_ residency requirement – see the Swedish

reservation on types of establishment).

Criteria for receiving a licence for other road transport operators require that the company be

established in the European Union, have an establishment situated in Sweden and have

appointed a natural person to act as the transport manager, who must be resident in the

European Union.

Licences are granted on non-discriminatory terms, except that operators of road haulage and

road passenger transport services may as a general rule only use vehicles that are registered in

the national road traffic registry. If a vehicle is registered abroad, owned by a natural or legal

person whose principal residence is abroad and is brought to Sweden for temporary use, the

vehicle may be temporarily used in Sweden. Temporary use is usually defined by the Swedish

Transport Agency as meaning not more than one year.

…[Annex 8-B]/en 190

Operators of cross-border road haulage and road passenger transport services abroad need to

be licensed for those operations by the competent authority in the country where they are

established. Additional requirements for cross-border trade may be regulated in bilateral road

transport agreements. For vehicles where no such bilateral agreement is applicable, a licence

is also needed from the Swedish Transport Agency (CPC 712).

_Measures:_

**SE** : Yrkestrafiklag (2012:210) (Act on professional traffic);

Lag om vägtrafikregister (2001:558) (Act on road traffic registry); Yrkestrafikförordning

(2012:237) (Government regulation on professional traffic);

Taxitrafiklag (2012:211) (Act on Taxis); and

Taxitrafikförordning (2012:238) (Government regulation on taxis).

…[Annex 8-B]/en 191

**(d)** **Services auxiliary to air transport services**

                             With respect to Investment liberalisation Market access, National treatment:

In **PL** : For storage services of frozen or refrigerated goods and bulk storage services of liquids

or gases at airports, the possibility to supply certain categories of services will depend on the

size of the airport. The number of suppliers in each airport may be limited due to available

space constraints, and to not less than two suppliers for other reasons.

_Measures:_

**PL** : Polish Aviation Law of 3 July 2002, Articles 174.2 and 174.3 3.

With respect to Investment liberalisation - Market access, National treatment, Most-favoured

nation treatment, and Cross-border trade in services - Market access, National treatment,

Most-favoured-nation treatment:

In **EU** : For groundhandling services, establishment within the European Union territory may

be required. The level of openness of groundhandling services depends on the size of airport.

The number of suppliers in each airport may be limited. For "big airports", this limit may not

be less than two suppliers.

…[Annex 8-B]/en 192

_Measures:_

**EU** : Directive 1996/67/EC of 15 October 1996 on access to the groundhandling market at

Community airports.

In **BE** (applies also to the regional level of government): For groundhandling services,

reciprocity is required.

_Measures:_

**BE** : Arrêté Royal du 6 novembre 2010 réglementant l'accès au marché de l'assistance en

escale à l'aéroport de Bruxelles-National (Article 18);

Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de

Vlaamse regionale luchthavens (Article 14); and

Arrêté du Gouvernement wallon réglementant l'accès au marché de l'assistance en escale aux

aéroports relevant de la Région wallonne (Article14).

…[Annex 8-B]/en 193

**(e)** **Supporting services for all modes of transport (part of CPC 748)**

With respect to Investment liberalisation - National treatment and Cross-border trade in

services - Market access, National treatment:

The **EU** (applies also to the regional level of government): Customs clearance services may

only be provided by European Union residents.

_Measures:_

**EU** : Regulation (EU) No 952/2013 of 9 October 2013 of the European Parliament and of the

Council establishing the Union Customs Code.

…[Annex 8-B]/en 194

**(f)** **Provision of combined transport services (CPC 711, 712, 7212, 741, 742, 743, 744, 745,**

**748, 749)**

With respect to Investment liberalisation - Market access and Cross-border trade in services 

Market access:

The **EU** (applies also to the regional level of government): With the exception of Finland:

only hauliers established in a Member State of the European Union who meet the conditions

of access to the occupation and access to the market for transport of goods between Member

States of the European Union may, in the context of a combined transport operation between

Member States of the European Union, carry out initial or final road haulage legs which form

an integral part of the combined transport operation and which may or may not include the

crossing of a frontier. Limitations affecting any given modes of transport apply.

Necessary measures can be taken to ensure that the motor vehicle taxes applicable to road

vehicles routed in combined transport are reduced or reimbursed (CPC 711, 712, 7212, 741,

742, 743, 744, 745, 748, 749).

_Measures:_

**EU** : Directive 1992/106/EEC of 7 December 1992 on the establishment of common rules for

certain types of combined transport of goods between Member States.

…[Annex 8-B]/en 195

**Reservation No. 16 - Energy related activities**

Sector – sub-sector: Energy related activities - mining and quarrying; production, transmission

and distribution on own account of electricity, gas, steam and hot water;

pipeline transportation of fuels; storage and warehouse of fuels

transported through pipelines; and services incidental to energy

distribution

Industry classification: ISIC Rev. 3.1 10, 11, 12, 13, 14, 40, CPC 5115, 63297, 713, part of 742,

8675, 883, 887

Type of reservation: Market access

National treatment

Senior management and boards of directors

Section: Investment liberalisation and Cross-border trade in services

Level of government: EU/Member State (unless otherwise specified)

…[Annex 8-B]/en 196

Description:

**(a)** **Mining and quarrying (ISIC Rev. 3.1 10, 11, 12, 13, 14, CPC 5115, 7131, 8675, 883)**

With respect to Investment liberalisation – Market access:

In **NL** : The exploration for and exploitation of hydrocarbons in the Netherlands is always

performed jointly by a private company and the public (limited) company designated by the

Minister of Economic Affairs. Articles 81 and 82 of the Mining Act stipulate that all shares in

this designated company must be directly or indirectly held by the Dutch State (ISIC Rev. 3.1

10, 3.1 11, 3.1 12, 3.1 13, 3.1 14).

_Measures:_

**NL** : Mijnbouwwet (Mining Act).

–
With respect to Investment liberalisation Market access, National treatment:

In **BE** : The exploration for and exploitation of mineral resources and other non-living

resources in territorial waters and the continental shelf are subject to concession. The

concessionaire must have an address for service in Belgium (ISIC Rev. 3.1:14).

_Measures:_

**BE** : Arrêté Royal du 1er septembre 2004 relatif aux conditions, à la délimitation

géographique et à la procédure d'octroi des concessions d'exploration et d'exploitation des

ressources minérales et autres ressources non vivantes de la mer territoriale et du plateau

continental.

…[Annex 8-B]/en 197

In **BG** : 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 or

other special concessions laws. The activities of prospecting or exploration of underground

natural resources on the territory of the Republic of Bulgaria, in the continental shelf and in

the exclusive economic zone in the Black Sea are subject to permission, while the activities of

extraction and exploitation are subject to concession granted under the Underground Natural

Resources Act.

It is forbidden for companies registered in preferential tax treatment jurisdictions (that is, off

shore zones) or related, directly or indirectly, to such companies to participate in open

procedures for granting permits or concessions for prospecting, exploration or extraction of

natural resources, including uranium and thorium ores, as well as to operate an existing permit

or concession which has been granted, as such operations are precluded, including the

possibility to register the geological or commercial discovery of a deposit as a result of

exploration.

…[Annex 8-B]/en 198

Commercial corporations in which the Member State or a municipality holds a share in the

capital exceeding 50 per cent, cannot effect any transactions for disposition of fixed assets of

the corporation, to conclude any contracts for acquisition of participating interest, lease, joint

activity, credit, securing of receivables, as well as incurring any obligations arising under bills

of exchange, unless permitted by the Privatisation Agency or the municipal council,

whichever is the competent authority. Without prejudice to Article 8.4, paragraphs 1 and 2,

according to Decision of the National Assembly of the Republic of Bulgaria of 18 Jan 2012,

any usage of hydraulic fracturing technology that is, fracking, for activities of prospecting,

exploration or extraction of oil and gas, is forbidden by Decision of the Parliament.

Exploration and extraction of shale gas is forbidden (ISIC Rev. 3.1 10, 3.1 11, 3.112, 3.1 13,

3.1 14).

The mining of uranium ore is forbidden by Decree of the Council of Ministers No. 163 of

20.08.1992.

…[Annex 8-B]/en 199

With regard to mining of thorium ore, the general regime of concessions for mining applies.

In order to participate in concessions for mining of thorium ore, a Japanese company must be

established according to the Bulgarian Commercial Act and to be registered in the

Commercial Registry. Decisions to allow the mining of thorium ore are taken on a non

discriminatory individual case-by-case basis. The prohibition against companies registered in

preferential tax treatment jurisdictions (that is, off-shore zones) or related, directly or

indirectly, to such companies, from participating in open procedures for concessions for

mining of natural resources includes uranium and thorium ores (ISIC Rev. 3.1 12).

_Measures:_

**BG** : Underground Natural Resources Act;

Concessions Act;

Law on Privatisation and Post-Privatisation Control;

Safe Use of Nuclear Energy Act;

Act on Economic and Financial Relations with Companies Registered in Preferential Tax

Treatment Jurisdictions, Such Companies' Related Parties and Their Beneficial Owners; and

Subsurface Resources Act.

In **CY** : The Council of Ministers may, for reasons of energy security, refuse to allow access to

and exercise of the activities of prospecting, exploration and exploitation of hydrocarbons to

any entity which is effectively controlled by Japan or by nationals of Japan. No entity may,

after the granting of an authorisation for the prospecting, exploration and production of

hydrocarbons, come under the direct or indirect control of Japan or a national of Japan

without the prior approval of the Council of Ministers. The Council of Ministers may refuse

to grant an authorisation for the prospecting, exploration and production of hydrocarbons to

an entity which is effectively controlled by Japan or a third country or by a national of Japan

or a third country, where Japan or the third country does not grant entities of the Republic of

Cyprus or entities of Member States of the European Union, in relation to the access to and

exercise of the activities of prospecting, exploring for and exploiting hydrocarbons, treatment

comparable to that which the Republic of Cyprus or the Member State of the European Union

grants entities of Japan or that third country (ISIC Rev 3.1 1110).

…[Annex 8-B]/en 200

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

_Measures:_

**CY** : The Hydrocarbons (Prospecting, Exploration and Exploitation Law) of 2007, (Law

4(I)/2007) as amended by laws number 126(I) of 2013 and 29(I) of 2014.

In **IT** (applies also to the regional level of government for exploration): Mines belonging to

the State have specific exploration and mining rules. Prior to any exploitation activity, a

permit for exploration is needed ("permesso di ricerca", Article 4 Royal Decree 1447/1927).

This permit has a duration, defines exactly the borders of the ground under exploration and

more than one exploration permit may be granted for the same area to different persons or

companies (this type of licence is not necessarily exclusive). In order to cultivate and exploit

minerals, an authorisation ("concessione", Article 14) from the regional authority is required

(ISIC Rev. 3.1 10, 3.1 11, 3.1 12, 3.1 13, 3.1 14, CPC 8675, 883).

_Measures_

**IT** : Exploration services: Royal Decree 1447/1927; and

Legislative Decree 112/1998, Article 34.

…[Annex 8-B]/en 201

In **SK** : For mining, activities related to mining and geological activity, incorporation in a

Member State of the European Union or a Member State of the EEA is required (no

branching). Mining and prospecting activities covered by Act of the Slovak Republic 44/1988

on protection and exploitation of natural resources are regulated on a non-discriminatory

basis, including through public policy measures seeking to ensure the conservation and

protection of natural resources and the environment such as the authorization or prohibition of

certain mining technologies. For greater certainty, such measures include the prohibition of

the use of cyanide leaching in the treatment or refining of minerals, the requirement of a

specific authorization in the case of fracking for activities of prospecting, exploration or

extraction of oil and gas, as well as prior approval by local referendum in the case of

nuclear/radioactive mineral resources. This does not increase the non-conforming aspects of

the existing measure for which the reservation is taken. (ISIC Rev. 3.1 10, 3.1 11, 3.1 12, 3.1

13, 3.1 14, CPC 7131).

_Measures_

**SK** : Act 51/1988 on Mining, Explosives and State Mining Administration; and Act 569/2007

on Geological Activity.

In **UK** : A licence is necessary to undertake exploration and production activities on the UK

Continental Shelf (UKCS), and to provide services which require direct access to or

exploitation of natural resources.

…[Annex 8-B]/en 202

This reservation applies to production licences issued with respect to the UK Continental

Shelf. To be a Licensee, a company must have a place of business within the UK. That means

either:

(i) a staffed presence in the UK;

(ii) registration of a UK company at Companies House; or

(iii) registration of a UK branch of a foreign company at Companies House.

This requirement exists for any company applying for a new licence and for any company

seeking to join an existing licence by assignment. It applies to all licences and to all

enterprises, whether operator or not. To be a party to a Licence that covers a producing field,

a company must: (a) be registered at Companies House as a UK company; or (b) carry on its

business through a fixed place of business in the UK as defined in section 148 of the Finance

Act 2003 (which normally requires a staffed presence) (ISIC Rev. 3.1 11, CPC 883, 8675).

…[Annex 8-B]/en 203

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

_Measures_

**UK** : Petroleum Act 1988.

In **FI** : The exploration for and exploitation of mineral resources are subject to a licensing

requirement, which is granted by the Government in relation to the mining of nuclear

material. A permit of redemption for a mining area is required from the Government.

Permission may be granted to a natural person resident in the EEA or a juridical person

established in the EEA. An economic needs test may apply (ISIC Rev. 3.1 120, CPC 5115,

883, 8675).

_Measures_

**FI** : Kaivoslaki (Mining Act) (621/2011); and

Ydinenergialaki (Nuclear Energy Act) (990/1987).

In **IE** : Exploration and mining companies operating in Ireland are required to have a presence

there. In the case of minerals exploration, there is a requirement that companies (Irish and

foreign) employ either the services of an agent or a resident exploration manager in Ireland

while work is being undertaken. In the case of mining, it is a requirement that a State Mining

Lease or License be held by a company incorporated in Ireland. There are no restrictions as to

ownership of such a company (ISIC Rev. 3.1 10, 3.1 13, 3.1 14, CPC 883).

_Measures_

**IE** : Minerals Development Acts 1940 – 2017; and

Planning Acts and Environmental Regulations.

…[Annex 8-B]/en 204

In **SI** : The exploration for and exploitation of mineral resources, including regulated mining

services, are subject to establishment in or citizenship of the EEA, the Swiss Confederation or

an OECD Member, or of a third country on condition of material reciprocity. Compliance

with the condition of reciprocity is verified by the Ministry responsible for mining (ISIC Rev.

3.1 10, ISIC Rev. 3.1 11, ISIC Rev. 3.1 12, ISIC Rev. 3.1 13, ISIC Rev. 3.1 14, CPC 883,

CPC 8675).

_Measures_

**SI** : Mining Act 2014.

…[Annex 8-B]/en 205

…[Annex 8-B]/en 206

**(b)** **Production, transmission and distribution on own account of electricity, gas, steam and**

**hot water; pipeline transportation of fuels; storage and warehouse of fuels transported**

**through pipelines; services incidental to energy distribution (ISIC Rev. 3.1 40, 3.1 401,**

**CPC 63297, 713, 7131, part of 742, 74220, 887)**

With respect to Investment liberalisation – Market access:

In **DK** : The owner or user intending to establish a pipeline for the transport of crude or refined

petroleum and petroleum products and of natural gas must obtain a permit from the local

authority before commencing work. The number of such permits which are issued may be

limited (CPC 7131).

_Measures:_

**DK** : Bekendtgørelse nr. 724 af 1. juli 2008 om indretning, etablering og drift af olietanke,

rørsystemer og pipelines (Order on the arrangement, establishment and operation of oil tanks,

piping systems and pipelines), no. 724 of 1 July 2008.

In **MT** : EneMalta plc has a monopoly for the provision of electricity (ISIC Rev. 3.1 401; CPC

887).

_Measures:_

**MT** : EneMalta Act Cap. 272 and EneMalta (Transfer of Assets, Rights, Liabilities &

Obligations) Act Cap. 536.

In **NL** : the ownership of the electricity network and the gas pipeline network are exclusively

granted to the Dutch government (transmission systems) and other public authorities

(distribution systems) (ISIC Rev. 3.1 040, CPC 71310).

_Measures:_

**NL** : Elektriciteitswet 1998; Gaswet.

…[Annex 8-B]/en 207

…[Annex 8-B]/en 208

–
With respect to Investment liberalisation Market access, Senior management and boards of

directors and Cross-border trade in services – Market access:

In **AT** : With regard to the transportation of gas authorisation is only granted to nationals of a

Member State of the EEA domiciled in the EEA. Enterprises and partnerships must have their

seat in the EEA. The operator of the network must appoint a Managing Director and a

Technical Director who is responsible for the technical control of the operation of the

network, both of whom must be nationals of a Member State of the EEA.

The competent authority may waive the nationality and domiciliation requirements where the

operation of the network is considered to be in the public interest.

For the transportation of goods other than gas and water, the following applies:

(i) with regard to natural persons, authorisation is only granted to EEA-nationals who must

have a seat in Austria; and

…[Annex 8-B]/en 209

(ii) enterprises and partnerships must have their seat in Austria. An Economic Needs Test

or interest test is applied. Cross border pipelines must not jeopardise Austria's security

interests and its status as a neutral country. Enterprises and partnerships have to appoint

a managing director who must be a national of a Member State of the EEA. The

competent authority may waive the nationality and seat requirements if the operation of

the pipeline is considered to be in the national economic interest (CPC 713).

_Measures:_

**AT** : Rohrleitungsgesetz (Law on Pipeline Transport), BGBl. Nr. 411/1975, § 5(1) and (2), §§

5 (1) and (3), 15, 16; and

Gaswirtschaftsgesetz 2011(Gas Act), BGBl. I Nr. 107/2011, Articles 43 and 44, Articles 90

and 93.

–
With respect to Investment liberalisation Market access, National treatment, Senior

management and boards of director and Cross-border trade in services – Market access,

National treatment (applies only to the regional level of government):

In **AT** : With regard to transmission and distribution of electricity authorisation is only granted

to nationals of a Member State of the EEA domiciled in the EEA. If the operator appoints a

managing director or a leaseholder, the domicile requirement is waived.

Juridical persons (enterprises) and partnerships must have their seat in the EEA. They must

appoint a managing director or a leaseholder, both of whom must be nationals of a Member

State of the EEA domiciled in the EEA.

…[Annex 8-B]/en 210

The competent authority may waive the domicile and nationality requirements where the

operation of the network is considered to be in the public interest (ISIC Rev. 3.1 40, CPC

887).

_Measures:_

**AT** : Burgenländisches Elektrizitätswesengesetz 2006, LGBl. Nr. 59/2006 as amended;

Niederösterreichisches Elektrizitätswesengesetz, LGBl. Nr. 7800/2005 as amended;

Landesgesetz, mit dem das Oberösterreichische Elektrizitätswirtschafts- und 

organisationsgesetz 2006 erlassen wird (Oö. ElWOG 2006), LGBl. Nr. 1/2006 as amended;

Salzburger Landeselektrizitätsgesetz 1999 (LEG), LGBl. Nr. 75/1999 as amended;

Gesetz vom 16. November 2011 über die Regelung des Elektrizitätswesens in Tirol (Tiroler

Elektrizitätsgesetz 2012 – TEG 2012), LGBl. Nr. 134/2011;

Gesetz über die Erzeugung, Übertragung und Verteilung von elektrischer Energie

(Vorarlberger Elektrizitätswirtschaftsgesetz), LGBl. Nr. 59/2003 as amended;

Gesetz über die Neuregelung der Elektrizitätswirtschaft (Wiener Elektrizitätswirtschaftsgesetz

2005 – WElWG 2005), LGBl. Nr. 46/2005;

Steiermärkisches Elektrizitätswirtschafts- und Organisationsgesetz(ELWOG), LGBl. Nr.

70/2005; and

Kärntner Elektrizitätswirtschafts-und Organisationsgesetz(ELWOG), LGBl. Nr. 24/2006.

With respect to Investment liberalisation – Market access and Cross-border trade in services –

Market access:

In **CZ** : For electricity generation, transmission, distribution, trading, and other electricity

market operator activities, as well as gas generation, transmission, distribution, storage and

trading, as well as heat generation and distribution, authorisation is required. Such

authorisation may only be granted to a natural person with a residence permit or a juridical

person established in the European Union. Exclusive rights exist with regard to electricity and

gas transmission and market operator licences (ISIC Rev. 3.1 40, CPC 7131, 62271, 742,

887).

_Measures:_

**CZ** : Act No. 458/2000 Coll on Business conditions and public administration in the energy

…[Annex 8-B]/en 211

sectors (The Energy Act).

…[Annex 8-B]/en 212

In **PL** : the following activities are subject to licensing under the Energy Law Act:

(i) generation of fuels or energy, except for: generation of solid or gaseous fuels;

generation of electricity using electricity sources of the total capacity of not more than

50 MW other than renewable energy sources; cogeneration of electricity and heat using

sources of the total capacity of not more than 5 MW other than renewable energy

sources; generation of heat using the sources of the total capacity of not more than 5

MW;

(ii) storage of gaseous fuels in storage installations, liquefaction of natural gas and

regasification of liquefied natural gas at LNG installations, as well as the storage of

liquid fuels, except for: the local storage of liquid gas at installations of the capacity of

less than 1 MJ/s capacity and the storage of liquid fuels in retail trade;

(iii) transmission or distribution of fuels or energy, except for: the distribution of gaseous

fuels in grids of less than 1 MJ/s capacity and the transmission or distribution of heat if

the total capacity ordered by customers does not exceed 5 MW;

…[Annex 8-B]/en 213

(iv) trade in fuels or energy, except for: the trade in solid fuels; the trade in electricity using

installations of voltage lower than 1 kV owned by the customer; the trade in gaseous

fuels if their annual turnover value does not exceed the equivalent of EUR 100 000€;

the trade in liquid gas, if the annual turnover value does not exceed EUR 10 000€; and

the trade in gaseous fuels and electricity performed on commodity exchanges by

brokerage houses which conduct the brokerage activity on the exchange commodities

on the basis of the Act of 26 October 2000 on commodity exchanges, as well as the

trade in heat if the capacity ordered by the customers does not exceed 5 MW. The limits

on turnover do not apply to wholesale trade services in gaseous fuels or liquid gas or to

retail services of bottled gas.

A licence may only be granted by the competent authority to an applicant that has registered

their principal place of business or residence in the territory of a Member State of the EU,

Member State of the EEA or the Swiss Confederation (ISIC Rev. 3.1 040, CPC 63297, 74220,

CPC 887).

_Measures:_

**PL** : Energy Law Act of 10 April 1997, Articles 32 and 33.

…[Annex 8-B]/en 214

With respect to Cross-border trade in services – Market access:

In **LT** : The licences for transmission, distribution, public supply and organizing of trade of

electricity may only be issued to legal persons of Lithuania or branches of foreign legal

person or other organisations established in Lithuania. This reservation does not apply to

consultancy services related to the transmission and distribution on a fee or contract basis of

electricity (ISIC Rev. 3.1 401, CPC 887).

In the case of fuels, establishment is required. Licences for transmission and distribution of

fuels may only be issued to legal persons of Lithuania or branches of foreign legal persons or

other organisations (subsidiaries) established in Lithuania.

This reservation does not apply to consultancy services related to the transmission and

distribution on a fee or contract basis of fuels (CPC 713, CPC 887).

_Measures:_

**LT** : Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973; and

Law on electricity of the Republic of Lithuania of 20 July 2000 No VIII-1881.

In **SI** : The production, trading, supply to final customers, transmission and distribution of

electricity and natural gas is subject to establishment in the European Union (ISIC Rev. 3.1

4010, 4020, CPC 7131, CPC 887).

_Measures:_

**SI** : Energetski zakon (Energy Act) 2014), Official Gazette RS, nr. 17/2014.

…[Annex 8-B]/en 215

…[Annex 8-B]/en 216

…[Annex 8-B]/en 217

**Reservation No. 17 - Agriculture, fishing and manufacturing**

Sector – sub

sector:

Industry

classification:

Type of

reservation:

Agriculture, hunting, forestry; animal and reindeer husbandry,

fishing and aquaculture; publishing, printing and reproduction of

recorded media

ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, 050, 0501, 0502, 221,

222, 323, 324, CPC 882, 88442

Market access

National treatment

Most-favoured-nation treatment

Prohibition of performance requirements

Senior management and boards of directors

Section: Investment liberalisation and Cross-border trade in services

Level of

government: EU/Member State(unless otherwise specified)

…[Annex 8-B]/en 218

Description:

**(a)** **Agriculture, hunting and forestry (ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531)**

–
With respect to Investment liberalisation Prohibition of performance requirements:

The **EU** : The intervention agencies designated by the Member States of the European Union

shall buy cereals which have been harvested in the European Union. No export refund shall be

granted on rice imported from and re-exported to any third country. Only European Union

rice producers may claim compensatory payments.

_Measures:_

**EU** : Regulation 2007/1234/EC of 22 October 2007 establishing a common organisation of

agricultural markets and on specific provisions for certain agricultural products (Single CMO

Regulation).

With respect to Investment liberalisation –National treatment and Cross-border trade in

services –Market access:

In **IE** : Establishment by foreign residents in flour milling activities is subject to authorisation

(ISIC Rev. 3.1 1531).

_Measures:_

**IE** : Agriculture Produce (Cereals) Act, 1933.

…[Annex 8-B]/en 219

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services –Market access:

In **FI** : Only nationals of a Member State of the EEA resident in the reindeer herding area may

own reindeer and practice reindeer husbandry. Exclusive rights may be granted.

_Measures:_

**FI** : Poronhoitolaki (Reindeer Husbandry Act) (848/1990), Chapter 1, s. 4, Protocol 3 to the

Accession Treaty of Finland.

In **FR** : Prior authorisation is required in order to become a member or act as a director of an

agricultural cooperative (ISIC Rev. 3.1 011, 012, 013, 014, 015).

_Measures:_

**FR** : Code rural et de la pêche maritime: Article R331-1 on installation and Article L. 529-2

on agricultural cooperatives.

In **SE** : Only Sami people may own and practice reindeer husbandry.

_Measures:_

**SE** : Reindeer Husbandry Act (1971:437), paragraph 1.

…[Annex 8-B]/en 220

**(b)** **Fishing and aquaculture (ISIC Rev. 3.1 050, 0501, 0502, CPC 882)**

–
With respect to Investment liberalisation Market access, National treatment:

In **FR** : A French vessel flying the French flag may be issued a fishing authorisation or may be

allowed to fish on the basis of national quotas only when a real economic link on the territory

of the France is established and the vessel is directed and controlled from a permanent

establishment located on the territory of France (ISIC Rev. 3.1 050, CPC 882).

_Measures:_

**FR** : Code rural et de la pêche maritime: Article L921-3.

…[Annex 8-B]/en 221

–                 With respect to Investment liberalisation Market access, National treatment and Cross

border trade in services – Market access, National treatment:

In **SE** : Professional fishing is fishing with a professional fishing licence or fishing by foreign

fishermen holding a specific permit to fish professionally in Swedish territorial waters or in

the Swedish economic zone. A professional fishing licence may be given to a fisherman for

whom fishing is essential to his living and where the fishing has a connection to the Swedish

fishing industry. A connection to Swedish fishing industry could for example be demonstrated

if the fishermen lands half his catch during a calendar year (in value) in Sweden, if half the

fishing trips depart from a Swedish harbour or half of the fishermen in the fleet are domiciled

in Sweden.

For vessels over five meters, a vessel permit is needed together with the professional fishing

licence. A permit is granted if, among other things, the vessel is registered in the national

registry, the vessel has a real economic connection to Sweden, the permit holder is a

fisherman with a professional fishing licence and if the commander of the vessel is a

fisherman with a professional fishing licence.

…[Annex 8-B]/en 222

The commander of a fishing vessel over 20 gross tonnages shall be a national of a Member

State of the EEA. Exemptions may be granted by the Swedish Transport Agency.

A ship shall be deemed Swedish and can carry the Swedish flag if more than half is owned by

Swedish citizens or juridical persons. The Government may permit foreign vessels to fly the

Swedish flag where their operations are under Swedish control or the owner can demonstrate

that he has his permanent residency in Sweden. Vessels which are 50 per cent owned by

nationals of a Member State of the EEA or companies having their registered office, central

administration or principal place of business in the EEA and whose operation is controlled

from Sweden, may also be registered in the Swedish register (ISIC Rev. 3.1 0501, 3.1 0502,

CPC 882).

_Measures:_

**SE** : Maritime Law (1994:1009);

Fisheries Act (1993:787);

Ordinance for fishing, aquaculture and the fishing industry (1994:1716);

The Fishing Regulations of the National Board of Fisheries (2004:25); and

The Ship Security Regulation (2003:438).

…[Annex 8-B]/en 223

**(c)** **Manufacturing - Publishing, printing and reproduction of recorded media (ISIC Rev.**

**3.1 221, 222, 323, 324, CPC 88442)**

–
With respect to Investment liberalisation Market access, National treatment:

In **LV** : Only legal persons incorporated in Latvia, and natural persons of Latvia have the right

to found and publish mass media. Branches are not allowed (CPC 88442).

_Measures:_

**LV** : Law on the Press and Other Mass Media, s. 8.

With respect to Investment liberalisation – National treatment and Cross-border trade in

services –Market access:

In **DE** (applies also to the regional level of government): Each publicly distributed or printed

newspaper, journal, or periodical must clearly indicate a "responsible editor" (the full name

and address of a natural person). The responsible editor may be required to be a permanent

resident of Germany, the European Union or an EEA country. Exceptions may be allowed by

the Federal Minister of the Interior (ISIC Rev. 3.1 223, 224).

_Measures:_

**DE** : § 10 Abs. 1 Nr. 4 Landesmediengesetz (LMG) Rheinland-Pfalz v. 4. Februar 2005,

GVBl. S. 23;

§ 9 Abs. 1 Nr. 1 Gesetz über die Presse Baden-Württemberg (LPG BW) v. 14 Jan. 1964, GBl.

S.11;

§ 9 Abs. 1 Nr. 1 Pressegesetz für das Land Nordrhein-Westfalen (Landespressegesetz NRW)

v. 24. Mai 1966 (GV. NRW. S. 340);

§ 8 Abs. 1 Gesetz über die Presse Schleswig-Holstein (PressG SH) vom 25.1.2012, GVOBL.

SH S. 266;

…[Annex 8-B]/en 224

§ 7 Abs. 2 Landespressegesetz für das Land Mecklenburg-Vorpommern (LPrG M-V) v. 6

Juni 1993, GVOBl. M-V 1993, S. 541;

§ 8 Abs. 1 Nr. 1 Pressegesetz für das Land Sachsen-Anhalt in der Neufassung vom 2.5.2013

(GVBl. LSA S. 198);

§ 7 Abs. 2 Berliner Pressegesetz (BlnPrG) v. 15 Juni 1965, GVBl. S. 744;

§ 10 Abs. 1 Nr. 1 Brandenburgisches Landspressegesetz (BbgPG) v. 13. Mai 1993, GVBl.

I/93, S. 162;

§ 9 Abs. 1 Nr.1 Gesetz über die Presse Bremen (BrPrG), Brem. GBl. 1965, S. 63;

§ 7 Abs. 3 Nr. 1 Hessisches Pressegesetz (HPresseG) v. 12. Dezember 2004, GVBl. 2004 I

S.2;

§ 7 Abs. 2 i.V.m § 9 Abs.1 Ziffer 1 Thüringer Pressegesetz (TPG) v. 31. Juli 1991, GVBl.

1991 S. 271;

§ 9 Abs. 1 Nr. 1Hamburgisches Pressegesetz v. 29. Januar 1965, HmbGVBl., S. 15;

§ 6 Abs. 2 Sächsisches Gesetz über die Presse (SächsPresseG) v. 3. April 1992, SächsGVBl.

S. 125;

§ 8 Abs. 2 Niedersächsisches Pressegesetz v. 22. März 1965, GVbl. S.9;

§ 9 Abs. 1 Nr. 1 Saarländisches Mediengesetz (SMG) vom 27. Februar 2002 (Amtsbl. S.

498); and

Article 5 Abs. 2 Bayerisches Pressegesetz in der Fassung der Bekanntmachung v. 19. April

2000 (GVBl, S. 340).

…[Annex 8-B]/en 225

With respect to Investment liberalisation – National treatment, Market access, Most-favoured

nation treatment:

In **IT** : In so far as Japan allows Italian nationals and enterprises to conduct these activities,

Italy will allow nationals and enterprises of Japan to conduct these activities under the same

conditions. In so far as Japan allow Italian investors to own more than 49 per cent of the

capital and voting rights in a publishing company of Japan, then Italy will allow investors of

Japan to own more than 49 per cent of the capital and voting rights in an Italian publishing

company under the same conditions (ISIC Rev. 3.1 221, 222).

_Measures:_

**IT** : Law 416/1981, Article 1 (and subsequent amendments).

–
With respect to Investment liberalisation Senior management and boards of directors:

In **PL** : Nationality is required for the editor-in-chief of newspapers and journals (ISIC Rev.

3.1 221, 222).

_Measures:_

**PL** : Act of 26 January 1984 on Press law, Journal of Laws, No. 5, item 24, with subsequent

amendments.

…[Annex 8-B]/en 226

With respect to Investment liberalisation – National treatment and Cross-border trade in

services – Market access, National treatment:

In **SE** : Natural persons who are owners of periodicals that are printed and published in

Sweden must reside in Sweden or be nationals of a Member State of the EEA. Owners of such

periodicals who are juridical persons must be established in the EEA. Periodicals that are

printed and published in Sweden and technical recordings must have a responsible editor, who

must be domiciled in Sweden (ISIC Rev. 3.1 22, CPC 88442).

_Measures:_

**SE** : Freedom of the press act (1949:105);

Fundamental law on Freedom of Expression (1991:1469); and

Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of

Expression (1991:1559).

…[Annex 8-B]/en 227

…[Annex 8-B]/en 228

Schedule of Japan

Headnotes

1. This Schedule sets out, in accordance with Articles 8.12, 8.18 and 8.24, the reservations taken

by Japan with respect to existing measures that do not conform with the obligations imposed

by:

(a) Article 8.7 or 8.15;

(b) Article 8.8 or 8.16;

(c) Article 8.9 or 8.17;

(d) Article 8.10; or

(e) Article 8.11.

…[Annex 8-B]/en 229

2. Each reservation sets out the following elements:

(a) "Sector" refers to the general sector in which the reservation is taken;

(b) "Sub-Sector" refers to the specific sector in which the reservation is taken;

(c) "Industry Classification" refers, where applicable, and only for transparency purposes,

to the activity covered by the reservation according to domestic or international industry

classification codes;

(d) "Obligations Concerned" specifies the obligations referred to in paragraph 1 for which

the reservation is taken;

(e) "Level of Government" indicates the level of government maintaining the measure for

which the reservation is taken;

…[Annex 8-B]/en 230

(f) "Measures" identifies the existing laws, regulations or other measures for which the

reservation is taken. A measure cited in the "Measures" element:

(i) means the measure as amended, continued, or renewed as of the date of entry into

force of this Agreement; and

(ii) includes any subordinate measure adopted or maintained under the authority of

and consistent with the measure; and

(g) "Description" sets out, with regard to the obligations referred to in paragraph 1, the non

conforming aspects of the existing measures for which the reservation is taken.

3. In the interpretation of a reservation, all elements of the reservation shall be considered. A

reservation shall be interpreted in the light of the relevant provisions of the Sections against

which the reservation is taken, and the "Measures" element shall prevail over all the other

elements.

…[Annex 8-B]/en 231

4. With respect to financial services:

(a) for prudential reasons within the context of Article 8.65, Japan shall not be prevented

from taking measures such as non-discriminatory limitations on juridical forms of a

commercial presence. For the same reasons, Japan shall not be prevented from applying

non-discriminatory limitations concerning admission to the market of new financial

services which shall be consistent with a regulatory framework aimed at achieving those

prudential objectives. In this context, securities firms are allowed to deal in securities

defined in the relevant laws of Japan, and banks are not allowed to deal in those

securities unless allowed in accordance with those laws; and

(b) services supplied in the territory of the European Union to the service consumer in

Japan without any active marketing from the service supplier are considered as services

supplied under subparagraph (d)(ii) of Article 8.2.

…[Annex 8-B]/en 232

5. With respect to maritime transport services, measures affecting cabotage in maritime transport

services are not listed in this Schedule, as these are excluded from the scope of Section B of

Chapter 8, pursuant to subparagraph 2(a) of Article 8.6 and Section C of Chapter 8, pursuant

to subparagraph 2(a) of Article 8.14.

6. Laws and regulations of Japan with regard to spectrum availability affecting obligations under

Articles 8.7 and 8.15 are not included in this Schedule of Japan, taking into account the

Attachment 6 of Guidelines for the Scheduling of Specific Commitments (WTO Document

S/L/92, dated 28 March, 2001).

7. For the purposes of the Schedule of Japan in this Annex, "JSIC" means Japan Standard

Industrial Classification set out by the Ministry of Internal Affairs and Communications, and

revised on 30 October 2013.

…[Annex 8-B]/en 233

1 Sector: Agriculture, Forestry and Fisheries, and Related Services (except

fisheries within the territorial sea, internal waters, exclusive economic

zone and continental shelf provided for in the reservation No. 11 in the

Schedule of Japan in Annex II to Annex 8-B)

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 01 Agriculture

JSIC 02 Forestry

JSIC 03 Fisheries, except aquaculture

JSIC 04 Aquaculture

JSIC 6324 Agricultural cooperatives

JSIC 6325 Fishery and fishery processing cooperatives

JSIC 871 Agriculture, forestry and fisheries cooperative

associations, n.e.c.

National treatment (Article 8.8)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Article 27 [1]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Article 3

1 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 234

Description: Investment liberalisation

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in agriculture, forestry

and fisheries, and related services (except fisheries within the

territorial sea, internal waters, exclusive economic zone and

continental shelf provided for in the reservation No. 11 in the

Schedule of Japan in Annex II to Annex 8-B) in Japan.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which significant

adverse effect is brought to the smooth operation of the Japanese

economy. [1]

3. The investor may be required to alter the content of the investment

or discontinue the investment process, depending on the screening

result.

1 For greater certainty, absence of reference in this description to "national security", which is
referred to in No. 11, 13, 15, 37, 43, 44, 52 and 54 in the Schedule of Japan in this Annex,
does not mean that Article 1.5 does not apply to the screening or that Japan waives its right to
invoke Article 1.5 to justify the screening.

…[Annex 8-B]/en 235

2 Sector: Automobile Maintenance Business

Sub-Sector: Motor Vehicle Disassembling Repair Business

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 89 Automobile maintenance services

Market access (Article 8.15)

Central Government

Measures: Road Vehicle Law (Law No. 185 of 1951), Chapter 6

Description: Cross-border trade in services

A person who intends to conduct motor vehicle disassembling repair

businesses is required to establish a workplace in Japan and to obtain an

approval of the Director-General of the District Transport Bureau

having jurisdiction over the district where the workplace is located.

…[Annex 8-B]/en 236

3 Sector: Business Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 9111 Employment services

JSIC 9121 Worker dispatching services

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Employment Security Law (Law No. 141 of 1947), Chapters 3 and 3-3

Law Concerning Securing the Proper Operation of Worker Dispatching

Undertakings and Protecting Dispatched Workers (Law No. 88 of 1985),

Chapter 2

Port Labour Law (Law No. 40 of 1988), Chapter 4

Mariner's Employment Security Law (Law No. 130 of 1948), Chapter 3

Law Concerning the Improvement of Employment of Construction

Workers (Law No. 33 of 1976), Chapters 5 and 6

…[Annex 8-B]/en 237

Description: Investment liberalisation and Cross-border trade in services

1. A person who intends to supply the following services for

enterprises in Japan is required to have an place of business in

Japan and to obtain permission from, or to submit notification to,

the competent authority, as applicable:

(a) private job placement services including fee-charging job

placement services for construction workers and job

placement services for seafarers; or

(b) worker dispatching services including stevedore dispatching

services, mariner dispatching services and work

opportunities securing services for construction workers.

2. Labour supply services may be supplied only by a labour union

which has obtained permission from the competent authority

pursuant to the Employment Security law or Mariner's

Employment Security Law.

…[Annex 8-B]/en 238

4 Sector: Collection Agency Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 6619 Miscellaneous financial auxiliaries

JSIC 7299 Professional services, n.e.c.

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Special Measures Law Concerning Credit Management and Collection

Business (Law No. 126 of 1998), Articles 3 and 4

Attorney Law (Law No. 205 of 1949), Articles 72 and 73

…[Annex 8-B]/en 239

Description: Investment liberalisation and Cross-border trade in services

1. A person who intends to supply collection agency services which

constitute the practice of law in respect of legal cases is required

to be qualified as an attorney-at-law under the laws and

regulations of Japan ("Bengoshi"), a legal professional corporation

under the laws and regulations of Japan ("Bengoshi-hojin") or a

legal person established under the Special Measures Law

Concerning Credit Management and Collection Business and to

establish an office in Japan.

2. No person may take over and recover other person's credits as

business except a legal person established under the Special

Measures Law Concerning Credit Management and Collection

Business that handles credits pursuant to provisions of that law.

…[Annex 8-B]/en 240

5 Sector: Construction

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 06 Construction work, general, including public and

private construction work

JSIC 07 Construction work by specialist contractor, except

equipment installation work

JSIC 08 Equipment installation work

Market access (Article 8.15)

Central Government

Measures: Construction Business Law (Law No. 100 of 1949), Chapter 2

Law Concerning Recycling of Construction Materials (Law No. 104 of

2000), Chapter 5

…[Annex 8-B]/en 241

Description: Cross-border trade in services

1. A person who intends to conduct construction business is required

to establish a place of business in Japan and to obtain permission

from the Minister of Land, Infrastructure, Transport and Tourism

or from the prefectural governor having jurisdiction over the

district where the place of business is located.

2. A person who intends to conduct demolition work business is

required to establish a place of business in Japan and to be

registered with the prefectural governor having jurisdiction over

the district where the place of business is located.

…[Annex 8-B]/en 242

6 Sector: Distribution Services

Sub-Sector: Wholesale Trade Services, Retailing Services, and Commission Agents'

Services, Related to Alcoholic Beverages

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 5222 Liquors

JSIC 5851 Liquor stores

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Liquor Tax Law (Law No. 6 of 1953), Articles 9 to 11

Description: Investment liberalisation and Cross-border trade in services

The number of licences conferred to service suppliers in those Sub

Sectors may be limited, where it is necessary to maintain a supply

demand balance of liquors in order to secure liquor tax revenue

(paragraph 11 of Article 10 of the Liquor Tax Law).

…[Annex 8-B]/en 243

7 Sector: Distribution Services

Sub-Sector: Wholesale Trade Services Supplied at Public Wholesale Market

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 521 Agricultural, animal and poultry farm and aquatic

products

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Wholesale Market Law (Law No. 35 of 1971), Articles 9, 10, 15, 17 and

33

Description: Investment liberalisation and Cross-border trade in services

The number of licences conferred to wholesale trade service suppliers at

public wholesale markets may be limited, in cases where the public

wholesale markets set the maximum number of the suppliers in order to

secure a proper and sound operation of the public wholesale markets.

…[Annex 8-B]/en 244

8 Sector: Education Learning Support

Sub-Sector: Higher Educational Services

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 816 Institution of higher education

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Fundamental Law of Education (Law No.120 of 2006), Article 6

School Education Law (Law No. 26 of 1947), Article 2

Private School Law (Law No. 270 of 1949), Article 3

…[Annex 8-B]/en 245

Description: Investment liberalisation and Cross-border trade in services

1. Higher educational services supplied as formal education in Japan

are required to be supplied by formal education institutions.

Formal education institutions must be established by school

juridical persons.

2. "Formal education institutions" means elementary schools, lower

secondary schools, secondary schools, compulsory education

schools, upper secondary schools, universities, junior colleges,

colleges of technology, schools for special needs education,

kindergartens and integrated centres for early childhood education

and care.

3. "School juridical person" means a non-profit legal person

established for the purposes of supplying educational services

under the laws and regulations of Japan.

…[Annex 8-B]/en 246

9 Sector: Financial Services

Sub-Sector: Banking and Other Financial Services

(excluding Insurance and Insurance-Related Services)

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 622 Banks, except central bank

JSIC 631 Financial institutions for small-businesses

National treatment (Article 8.8)

Central Government

Measures: Deposit Insurance Law (Law No. 34 of 1971), Article 2

Description: Investment liberalisation

The deposit insurance system does not cover deposits taken by branches

of foreign banks.

…[Annex 8-B]/en 247

10 Sector: Financial Services

Sub-Sector: Insurance and Insurance-Related Services

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 672 Non-life insurance institutions

JSIC 6742 Non-life insurance agents and brokers

Market access (Article 8.15)

Central Government

Measures: Insurance Business Law (Law No.105 of 1995), Articles 185, 186, 275,

276, 277, 286 and 287

Cabinet Order for Enforcement of Insurance Business Law (Cabinet

Order No. 425 of 1995), Articles 19 and 39-2

Ministerial Ordinance for Enforcement of Insurance Business Law

(Ministerial Ordinance of the Ministry of Finance No. 5 of 1996),

Articles 116 and 212-6

…[Annex 8-B]/en 248

Description: Cross-border trade in services

Commercial presence is in principle required for insurance contracts on

the following items and any liability arising therefrom:

(a) goods being transported within Japan; and

(b) ships of Japanese registration which are not used for international

maritime transport.

…[Annex 8-B]/en 249

11 Sector: Heat Supply

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 3511 Heat supply

National treatment (Article 8.8)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Article 27 [1]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Article 3

1 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 250

Description: Investment liberalisation

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in the heat supply

industry in Japan.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which national security

is impaired, the maintenance of public order is disturbed, or the

protection of public safety is hindered.

3. The investor may be required to alter the content of the investment

or discontinue the investment process, depending on the screening

result.

…[Annex 8-B]/en 251

12 Sector: Information and Communications

Sub-Sector: Telecommunications

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 3700 Head offices primarily engaged in managerial

operations

JSIC 3711 Regional telecommunications, except wired

broadcast telephones

JSIC 3731 Services incidental to telecommunications

Market access (Article 8.7)

National treatment (Article 8.8)

Senior management and boards of directors (Article 8.10)

Central Government

Measures: Law Concerning Nippon Telegraph and Telephone Corporation, Etc.

(Law No. 85 of 1984), Articles 6 and 10

…[Annex 8-B]/en 252

Description: Investment liberalisation

1. Nippon Telegraph and Telephone Corporation may not enter the

name and address in its register of shareholders if the aggregate of

the ratio of the voting rights directly or indirectly held by the

persons set forth in subparagraphs (a) to (c) reaches or exceeds

one-third:

(a) a natural person who does not have Japanese nationality;

(b) a foreign government or its representative; and

(c) a foreign legal person or a foreign entity.

2. Any natural person who does not have Japanese nationality may

not assume the office of director or auditor of Nippon Telegraph

and Telephone Corporation, Nippon Telegraph and Telephone

East Corporation and Nippon Telegraph and Telephone West

Corporation.

…[Annex 8-B]/en 253

13 Sector: Information and Communications

Sub-Sector: Telecommunications and Internet Based Services

Industry

Classification [1] :

Obligations

Concerned:

Level of

Government:

JSIC 3711* Regional telecommunications, except wired

broadcast telephones

JSIC 3712* Long-distance telecommunications

JSIC 3719* Miscellaneous fixed telecommunications

JSIC 3721* Mobile telecommunications

JSIC 401* Services incidental to Internet

National treatment (Article 8.8)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Article 27 [2]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Article 3

1 An asterisk (*) on the JSIC numbers indicates that the activities covered by this reservation
under such numbers are limited to the activities which are subject to the registration
obligation under Article 9 of the Telecommunications Business Law (Law No. 86 of 1984).
2 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 254

Description: Investment liberalisation

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in telecommunications

business and internet based services in Japan.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which national security

is impaired, the maintenance of public order is disturbed, or the

protection of public safety is hindered.

3. The investor may be required to alter the content of the investment

or discontinue the investment process, depending on the screening

result.

…[Annex 8-B]/en 255

14 Sector: Manufacturing

Sub-Sector: Shipbuilding and Repairing, and Marine Engines

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 3131 Shipbuilding and repairing

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Shipbuilding Law (Law No. 129 of 1950), Articles 2 to 3-2

Description: Investment liberalisation and Cross-border trade in services

A person who intends to establish or extend docks, which can be used to

manufacture or repair vessels of 500 gross tonnage or more or 50 metres

in length or more, is required to obtain permission from the Minister of

Land, Infrastructure, Transport and Tourism. The issuance of a licence

is subject to the requirements of an economic needs test.

…[Annex 8-B]/en 256

15 Sector: Manufacturing

Sub-Sector: Drugs and Medicines Manufacturing

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 1653 Biological preparations

National treatment (Article 8.8)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Article 27 [1]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Article 3

1 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 257

Description: Investment liberalisation

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in biological

preparations manufacturing industry in Japan. For greater

certainty, "biological preparations manufacturing industry" deals

with economic activities in premises which produce vaccine,

serum, toxoid, antitoxin and some preparations similar to the

aforementioned products or blood products.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which national security

is impaired, the maintenance of public order is disturbed, or the

protection of public safety is hindered.

3. The investor may be required to alter the content of the investment

or discontinue the investment process, depending on the screening

result.

…[Annex 8-B]/en 258

16 Sector: Manufacturing

Sub-Sector: Leather and Leather Products Manufacturing

Industry

Classification [1] :

JSIC 1189*1 Textile apparel and accessories, n.e.c.

JSIC 1694*2 Gelatine and adhesives

JSIC 192 Rubber and plastic footwear and its findings

JSIC 2011 Leather tanning and finishing

JSIC 2021 Mechanical leather products, except gloves and

mittens

JSIC 2031 Cut stock and findings for boots and shoes

JSIC 2041 Leather footwear

JSIC 2051 Leather gloves and mittens

JSIC 2061 Baggage

JSIC 207 Handbags and small leather cases

JSIC 2081 Fur skins

JSIC 2099 Miscellaneous leather products

JSIC 3253*1 Sporting and athletic goods

1 An asterisk (*1) on the JSIC numbers indicates that the activities covered by this reservation
under such numbers are limited to the activities related to leather and leather products
manufacturing. An asterisk (*2) on the JSIC number indicates that the activities covered by
this reservation under such number are limited to the activities related to animal glue (nikawa)
and gelatine manufacturing.

…[Annex 8-B]/en 259

Obligations

Concerned:

Level of

Government:

National treatment (Article 8.8)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Article 27 [1]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Article 3

1 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 260

Description: Investment liberalisation

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in leather and leather

products manufacturing industry in Japan.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which significant

adverse effect is brought to the smooth operation of the Japanese

economy. [1]

3. The investor may be required to alter the content of the investment

or discontinue the investment process, depending on the screening

result.

1 For greater certainty, absence of reference in this description to "national security", which is
referred to in No. 11, 13, 15, 37, 43, 44, 52 and 54 in the Schedule of Japan in this Annex,
does not mean that Article 1.5 does not apply to the screening or that Japan waives its right to
invoke Article 1.5 to justify the screening.

…[Annex 8-B]/en 261

17 Sector: Matters Related to the Nationality of a Ship

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

Market access (Articles 8.7 and 8.15)

National treatment (Articles 8.8 and 8.16)

Senior management and boards of directors (Article 8.10)

Central Government

Measures: Ship Law (Law No.46 of 1899), Article 1

…[Annex 8-B]/en 262

Description: Investment liberalisation and Cross-border trade in services

1. Nationality requirement applies to the supply of international

maritime transport services (including services of passenger

transportation and freight transportation) through establishment of

a registered company operating a fleet flying the flag of Japan.

2. "Nationality requirement" means that the ship is required to be

owned by a Japanese national, or a company established under the

laws and regulations of Japan, of which all the representatives and

not less than two-thirds of the executives administering the affairs

are Japanese nationals.

…[Annex 8-B]/en 263

18 Sector: Measuring Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7441 Commodity inspection service

JSIC 745 Surveyor certification

Market access (Article 8.15)

Central Government

Measures: Measurement Law (Law No. 51 of 1992), Chapters 3, 5, 6 and 8

Regulations on Measurement Law (Ministerial Ordinance of the

Ministry of International Trade and Industry No. 69 of 1993)

Ministerial Ordinance for Designated Inspection Body, Designated

Verification Body, Designated Measurement Certification Inspection

Body and Specified Measurement Certification Accreditation Body

(Ministerial Ordinance of the Ministry of International Trade and

Industry No. 72 of 1993)

…[Annex 8-B]/en 264

Description [1] : Cross-border trade in services

1 For the purposes of this reservation:
(a) "measuring instruments" means appliances, machines or equipment used for
measurement;
(b) "specified measuring instruments" means measuring instruments used in transactions or
certifications, or measuring instruments principally for use in the life of general
consumers, and those specified by a Cabinet Order as necessary to establish standards
relating to their structure and instrumental error in order to ensure proper execution of
measurements;
(c) "measurement certification businesses" under the requirement described in paragraph 3
are listed in the following and the registration shall be in accordance with the business
classification specified by the Ordinance of the Ministry of Economy, Trade and
Industry:
(i) the business of measurement certifications of length, weight, area, volume or heat
concerning goods to be loaded/unloaded or entered/dispatched for transportation,
deposit or sale or purchase (excluding the measurement certifications of mass or
volume of goods to be loaded on or unloaded from ship); and
(ii) the business of measurement certifications of concentration, sound pressure level
or the quantity of other physical phenomena specified by a Cabinet Order
(excluding what is listed in (i));
however, this requirement does not apply to the case where a person engaged in
the measurement certification business is a national government, a local
government, or an incorporated administrative agency prescribed by paragraph 1
of Article 2 of the Law on General Rules for Incorporated Administrative Agency
(Law No. 103 of 1999) who is designated by a Cabinet Order as competent to
appropriately perform the measurement certification business, or where the
measurement certification business is performed by a person who has been
registered or designated or received any other disposition to conduct that business
pursuant to the provision of the law specified by that Cabinet Order; and
(d) "specified measurement certification business" means the business specified by a
Cabinet Order as these requiring high levels of technology to certify measurement of
considerably tiny quantities of physical phenomena prescribed in subparagraph (c)(ii).

…[Annex 8-B]/en 265

1. A person who intends to supply services of conducting the

periodic inspection of specified measuring instruments is required

to establish a legal person in Japan and to be designated by the

prefectural governor having jurisdiction over the district where the

person intends to conduct that inspection, or by the mayor of a

designated city or the chief of a designated ward or village in case

the place where the person intends to conduct that inspection is

located within the district of that designated city, ward or village.

2. A person who intends to supply services of conducting the

verification of specified measuring instruments is required to

establish a legal person in Japan and to be designated by the

Minister of Economy, Trade and Industry.

3. A person who intends to conduct measurement certification

business, including specified measurement certification business,

is required to have a place of business in Japan and to be

registered with the prefectural governor having jurisdiction over

the district where the place of business is located.

…[Annex 8-B]/en 266

4. A person who intends to supply services of conducting the

inspection of specified measuring instruments used for the

measurement certification is required to establish a legal person in

Japan and to be designated by the prefectural governor having

jurisdiction over the district where the person intends to conduct

that inspection.

5. A person who intends to supply services of conducting the

accreditation for a person engaged in specified measurement

certification business is required to establish a legal person in

Japan, and to be designated by the Minister of Economy, Trade

and Industry.

6. A person who intends to supply services of conducting the

calibration of measuring instruments is required to establish a

legal person in Japan and to be designated by the Minister of

Economy, Trade and Industry.

…[Annex 8-B]/en 267

19 Sector: Medical, Health Care and Welfare

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 8599 Miscellaneous social insurance, social welfare and

care services

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Law Concerning Collection of Labour Insurance Premium (Law No. 84

of 1969), Chapter 4

Enforcement Regulations for the Law Concerning Collection of Labour

Insurance Premium (Ministerial Ordinance of the Ministry of Labour

No. 8 of 1972)

…[Annex 8-B]/en 268

Description: Investment liberalisation and Cross-border trade in services

Only an association of business proprietors or a federation of those

associations approved by the Minister of Health, Labour and Welfare

under the laws and regulations of Japan may conduct labour insurance

businesses entrusted by business proprietors. An association which

intends to conduct those labour insurance businesses under the laws and

regulations of Japan is required to establish an office in Japan, and to

obtain the approval of the Minister of Health, Labour and Welfare.

…[Annex 8-B]/en 269

20 Sector: Mining and Services incidental to Mining

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 05 Mining and quarrying of stone and gravel

Market access (Articles 8.7 and 8.15)

National treatment (Articles 8.8 and 8.16)

Central Government

Measures: Mining Law (Law No. 289 of 1950), Chapters 2 and 3

Description: Investment liberalisation and Cross-border trade in services

Only a Japanese national or an enterprise of Japan may have mining

rights or mining lease rights. [1]

1 Services requiring mining rights or mining lease rights are required to be supplied by a
Japanese national or an enterprise established under the laws and regulations of Japan, in
accordance with the Chapters 2 and 3 of the Mining Law.

…[Annex 8-B]/en 270

21 Sector: Oil Industry

Sub-Sector:

Industry

Classification [1] :

JSIC 053 Crude petroleum and natural gas production

JSIC 1711 Petroleum refining

JSIC 1721 Lubricating oils and greases (not made in petroleum

refineries)

JSIC 1741*1 Paving materials

JSIC 1799*1 Miscellaneous petroleum and coal products

JSIC 4711*1 Ordinary warehousing, except refrigerated

warehousing

JSIC 4721*1 Refrigerated warehousing

JSIC 5331 Petroleum

JSIC 6051 Petrol stations (gasoline service stations)

JSIC 6052*1 Fuel stores, except gasoline service stations

JSIC 9299*2 Miscellaneous business services, n.e.c.

1 An asterisk (*1) on the JSIC numbers indicates that the activities covered by this reservation
under such numbers are limited to those related to the oil industry. An asterisk (*2) on the
JSIC number indicates that the activities covered by this reservation under such number are
limited to those related to the liquefied petroleum gas industry.

…[Annex 8-B]/en 271

Obligations

Concerned:

Level of

Government:

National treatment (Article 8.8)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Article 27 [1]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Article 3

1 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 272

Description: Investment liberalisation

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in the oil industry in

Japan.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which significant

adverse effect is brought to the smooth operation of the Japanese

economy. [1]

3. The investor may be required to alter the content of the investment

or discontinue the investment process, depending on the screening

result.

4. All organic chemicals such as ethylene, ethylene glycol and

polycarbonates are outside the scope of the oil industry. Therefore,

prior notification requirement and screening procedures under the

Foreign Exchange and Foreign Trade Law do not apply to the

investments in the manufacture of these products.

1 For greater certainty, absence of reference in this description to "national security", which is
referred to in No.11, 13, 15, 37, 43, 44, 52 and 54 in the Schedule of Japan in this Annex,
does not mean that Article 1.5 does not apply to the screening or that Japan waives its right to
invoke Article 1.5 to justify the screening.

…[Annex 8-B]/en 273

22 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7211 Lawyers' offices

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Attorney Law (Law No. 205 of 1949), Chapters 3, 4, 4-2, 5 and 9

Description: Investment liberalisation and Cross-border trade in services

1. A natural person who intends to supply legal services is required

to be qualified as an attorney-at-law under the laws and

regulations of Japan ("Bengoshi") and to establish an office within

the district of the local bar association to which the natural person

belongs.

2. An enterprise which intends to supply legal services is required to

establish a legal professional corporation under the laws and

regulations of Japan ("Bengoshi-Hojin").

…[Annex 8-B]/en 274

23 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7211 Lawyers' offices

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Law on Special Measures Concerning the Handling of Legal Services by

Foreign Lawyers (Law No. 66 of 1986), Chapters 2, 4 and 5

…[Annex 8-B]/en 275

Description: Investment liberalisation and Cross-border trade in services

1. A natural person who intends to supply legal advisory services

concerning foreign laws is required to be qualified as a registered

foreign lawyer under the laws and regulations of Japan

("Gaikokuho-Jimu-Bengoshi") and to establish an office within

the district of the local bar association to which the natural person

belongs.

2. Gaikokuho-Jimu-Bengoshi under the laws and regulations of

Japan is required to stay in Japan for not less than 180 days per

year.

3. An enterprise which intends to supply legal advisory services

concerning foreign laws is required to establish a registered

foreign lawyer corporation under the laws and regulations of Japan

("Gaikokuho-Jimu-Bengoshi-Hojin").

…[Annex 8-B]/en 276

24 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7212 Patent attorneys' offices

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Patent Attorney Law (Law No. 49 of 2000), Chapters 3, 6 and 8

Description: Investment liberalisation and Cross-border trade in services

1. A natural person who intends to supply patent attorney services is

required to be qualified as a patent attorney under the laws and

regulations of Japan ("Benrishi").

2. An enterprise which intends to supply patent attorney services is

required to establish a patent business corporation under the laws

and regulations of Japan ("Tokkyo-Gyomu-Hojin").

…[Annex 8-B]/en 277

25 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7221 Notaries public's and judicial scriveners' offices

Market access (Article 8.15)

National treatment (Article 8.16)

Central Government

Measures: Notary Law (Law No. 53 of 1908), Chapters 2 and 3

Description: Cross-border trade in services

1. Only a Japanese national may be appointed as a notary in Japan.

2. The notary is required to establish an office in the place designated

by the Minister of Justice.

…[Annex 8-B]/en 278

26 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7221 Notaries public's and judicial scriveners' offices

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Judicial Scrivener Law (Law No. 197 of 1950), Chapters 3, 4, 5, 7 and

10

Description: Investment liberalisation and Cross-border trade in services

1. A natural person who intends to supply judicial scrivener services

is required to be qualified as a judicial scrivener under the laws

and regulations of Japan ("Shiho-Shoshi") and to establish an

office within the district of the judicial scrivener association to

which the natural person belongs.

2. An enterprise which intends to supply judicial scrivener services is

required to establish a judicial scrivener corporation under the

laws and regulations of Japan ("Shiho-Shoshi-Hojin").

…[Annex 8-B]/en 279

27 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7241 Certified public accountants' offices

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Certified Public Accountant Law (Law No. 103 of 1948), Chapters 3, 5

2 and 7

Description: Investment liberalisation and Cross-border trade in services

1. A natural person who intends to supply certified public

accountants services is required to be qualified as a certified

public accountant under the laws and regulations of Japan

("Koninkaikeishi").

2. An enterprise which intends to supply certified public accountants

services is required to establish an audit corporation under the

laws and regulations of Japan ("Kansa-Hojin").

…[Annex 8-B]/en 280

28 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7242 Certified tax accountants' offices

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Certified Public Tax Accountant Law (Law No. 237 of 1951), Chapters

3, 4, 5-2, 6 and 7

Enforcement Regulation on Certified Public Tax Accountant Law

(Ministerial Ordinance of the Ministry of Finance No. 55 of 1951)

Description: Investment liberalisation and Cross-border trade in services

1. A natural person who intends to supply certified public tax

accountant services is required to be qualified as a certified public

tax accountant under the laws and regulations of Japan ("Zeirishi")

and to establish an office within the district of the certified public

tax accountant association to which the natural person belongs.

2. An enterprise which intends to supply certified public tax

accountant services is required to establish a certified public tax

accountant corporation under the laws and regulations of Japan

("Zeirishi-Hojin").

…[Annex 8-B]/en 281

29 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7231 Administrative scriveners' offices

JSIC 7294 Certified real estate appraisers

JSIC 7299 Professional services, n.e.c.

JSIC 7421 Architectural design services

Market access (Article 8.15)

Central Government

Measures: Architect and/or Building Engineer Law (Law No. 202 of 1950),

Chapters 1, 2 and 6

Description: Cross-border trade in services

An architect or building engineer, qualified as an architect or building

engineer under the laws and regulations of Japan ("Kenchikushi"), or a

person employing such an architect or building engineer, who intends to

conduct business of design, superintendence of construction work,

administrative work related to construction work contracts, supervision

of building construction work, survey and evaluation of buildings, and

representation in procedures under the laws and regulations of Japan

concerning construction, upon request from others for remuneration, is

required to establish an office in Japan.

…[Annex 8-B]/en 282

30 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7251 Certified social insurance and labour consultants'

offices

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Certified Social Insurance and Labour Consultant Law (Law No. 89 of

1968), Chapters 2-2, 4-2, 4-3 and 5

Description: Investment liberalisation and Cross-border trade in services

1. A natural person who intends to supply social insurance and

labour consultant services is required to be qualified as a certified

social insurance and labour consultant under the laws and

regulations of Japan ("Shakai-Hoken-Romushi") and to establish

an office in Japan.

2. An enterprise which intends to supply social insurance and labour

consultant services is required to establish a certified social

insurance and labour consultant corporation under the laws and

regulations of Japan ("Shakai-Hoken-Romushi-Hojin").

…[Annex 8-B]/en 283

31 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7231 Administrative scriveners' offices

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Administrative Scrivener Law (Law No. 4 of 1951), Chapters 3 to 5 and

8

Description: Investment liberalisation and Cross-border trade in services

1. A natural person who intends to supply administrative scrivener

services is required to be qualified as an administrative scrivener

under the laws and regulations of Japan ("Gyosei-Shoshi") and to

establish an office within the district of the administrative

scrivener association to which the natural person belongs.

2. An enterprise which intends to supply administrative scrivener

services is required to establish an administrative scrivener

corporation under the laws and regulations of Japan ("Gyosei

Shoshi-Hojin").

…[Annex 8-B]/en 284

32 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7299 Professional services, n.e.c.

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Maritime Procedure Agents Law (Law No. 32 of 1951), Article 17

Description: Investment liberalisation and Cross-border trade in services

Maritime procedure agent services are required to be supplied by a

natural person who is qualified as a maritime procedure agent under the

laws and regulations of Japan ("Kaijidairishi").

…[Annex 8-B]/en 285

33 Sector: Professional Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7222 Land and house surveyors' offices

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Land and House Surveyor Law (Law No. 228 of 1950), Chapters 3, 4, 5,

7 and 10

Description: Investment liberalisation and Cross-border trade in services

1. A natural person who intends to supply land and house surveyor

services is required to be qualified as a land and house surveyor

under the laws and regulations of Japan ("Tochi-Kaoku

Chosashi") and to establish an office within the district of the land

and house surveyor association to which the natural person

belongs.

2. An enterprise which intends to supply land and house surveyor

services is required to establish a land and house surveyor

corporation under the laws and regulations of Japan ("Tochi

Kaoku-Chosashi-Hojin").

…[Annex 8-B]/en 286

34 Sector: Real Estate

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 6811 Sales agents of buildings and houses

JSIC 6812 Land subdividers and developers

JSIC 6821 Real estate agents and brokers

JSIC 6941 Real estate managers

Market access (Article 8.15)

Central Government

Measures: Building Lots and Buildings Transaction Business Law (Law No. 176 of

1952), Chapter 2

Real Estate Syndication Law (Law No. 77 of 1994), Chapters 2 and 4-2

Law Concerning Improving Management of Condominiums (Law No.

149 of 2000), Chapter 3

…[Annex 8-B]/en 287

Description: Cross-border trade in services

1. A person who intends to conduct building lots and buildings

transaction business is required to establish an office in Japan and

to obtain a licence from the Minister of Land, Infrastructure,

Transport and Tourism or from the prefectural governor having

jurisdiction over the district where the office is located.

2. A person who intends to conduct real estate syndication business

is required to establish an office in Japan and to obtain permission

from the competent Minister or from the prefectural governor

having jurisdiction over the district where the office is located or

to submit notification to the competent Minister.

3. A person who intends to conduct condominiums management

business is required to establish an office in Japan and to be

registered in the list maintained by the Ministry of Land,

Infrastructure, Transport and Tourism.

…[Annex 8-B]/en 288

35 Sector: Real Estate Appraisal Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7294 Certified real estate appraisers

Market access (Article 8.15)

Central Government

Measures: Law Concerning the Appraisal of Real Estate (Law No. 152 of 1963),

Chapter 3

Description: Cross-border trade in services

A person who intends to supply real estate appraisal services is required

to establish an office in Japan and to be registered in the list maintained

by the Ministry of Land, Infrastructure, Transport and Tourism or the

prefecture having jurisdiction over the district where the office is

located.

…[Annex 8-B]/en 289

36 Sector: Seafarers

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 031 Marine fisheries

JSIC 451 Oceangoing transport

JSIC 452 Coastwise transport

Market access (Article 8.15)

National treatment (Article 8.16)

Central Government

Measures: Mariners Law (Law No. 100 of 1947), Chapter 4

Official Notification of the Director General of Seafarers Department,

Maritime Technology and Safety Bureau of the Ministry of Transport,

No. 115, 1990

Official Notification of the Director General of Seafarers Department,

Maritime Technology and Safety Bureau of the Ministry of Transport,

No. 327, 1990

Official Notification of the Director General of Maritime Bureau of the

Ministry of Land, Infrastructure and Transport, No. 153, 2004

Description: Cross-border trade in services

Foreign nationals employed by Japanese enterprises except for the

seafarers referred to in the relevant official notifications may not work

on vessels flying the Japanese flag.

…[Annex 8-B]/en 290

37 Sector: Security Guard Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 923 Guard services

National treatment (Article 8.8)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Article 27 [1]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Article 3

1 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 291

Description: Investment liberalisation

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in security guard

services in Japan.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which national security

is impaired, the maintenance of public order is disturbed, or the

protection of public safety is hindered.

3. The investor may be required to alter the content of the investment

or discontinue the investment process, depending on the screening

result.

…[Annex 8-B]/en 292

38 Sector: Services Related to Occupational Safety and Health

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7299 Professional services, n.e.c.

JSIC 7441 Commodity inspection services

JSIC 7452 Environmental surveying certification

JSIC 8222 Vocational guidance centers

Market access (Article 8.15)

Central Government

Measures: Industrial Safety and Health Law (Law No. 57 of 1972), Chapters 5 and

8

Ministerial Ordinance for Registration and Designation related to

Industrial Safety and Health Law, and Orders based on the Law

(Ministerial Ordinance of the Ministry of Labour No. 44 of 1972)

Working Environment Measurement Law (Law No. 28 of 1975),

Chapters 2 and 3

Enforcement Regulation of the Working Environment Measurement

Law (Ministerial Ordinance of the Ministry of Labour No. 20 of 1975)

…[Annex 8-B]/en 293

Description: Cross-border trade in services

A person who intends to supply inspection or verification services for

working machines, skill training courses, and other related services in

connection with occupational safety and health, or working environment

measurement services is required to be resident or to establish an office

in Japan, and to be registered with the Minister of Health, Labour and

Welfare or Director-General of the Prefectural Labour Bureau.

…[Annex 8-B]/en 294

39 Sector: Surveying Services

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 7422 Surveying services

Market access (Article 8.15)

Central Government

Measures: Survey Law (Law No. 188 of 1949), Chapter 6

Description: Cross-border trade in services

A person who intends to supply surveying services is required to

establish a place of business in Japan and to be registered with the

Minister of Land, Infrastructure, Transport and Tourism.

…[Annex 8-B]/en 295

40 Sector: Business Services

Sub-Sector: Registration of Aircraft in the National Register

Industry

Classification:

Obligations

Concerned:

Level of

Government:

Market access (Articles 8.7 and 8.15)

National treatment (Articles 8.8 and 8.16)

Senior management and boards of directors (Article 8.10)

Central Government

Measures: Civil Aeronautics Law (Law No. 231 of 1952), Chapter 2

…[Annex 8-B]/en 296

Description: Investment liberalisation and Cross-border trade in services

1. An aircraft owned by any of the following natural persons or

entities may not be registered in the national register:

(a) a natural person who does not have Japanese nationality;

(b) a foreign country, or a foreign public entity or its equivalent;

(c) a legal person or other entity constituted under the laws and

regulations of any foreign country; and

(d) a legal person represented by the natural persons or entities

referred to in subparagraph (a), (b) or (c); a legal person of

which one-third or more of the members of the board of

directors are composed of the natural persons or entities

referred to in subparagraph (a), (b) or (c); or a legal person

of which one-third or more of the voting rights are held by

the natural persons or entities referred to in subparagraph

(a), (b) or (c).

2. A foreign aircraft may not be registered in the national register.

…[Annex 8-B]/en 297

41 Sector: Transport

Sub-Sector: Customs Brokerage

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 4899 Services incidental to transport, n.e.c.

Market access (Article 8.15)

Central Government

Measures: Customs Brokerage Law (Law No. 122 of 1967), Chapter 2

Description: Cross-border trade in services

A person who intends to conduct customs brokerage business is required

to have a place of business in Japan and to obtain permission of the

Director-General of Customs having jurisdiction over the district where

the person intends to conduct customs brokerage business.

…[Annex 8-B]/en 298

42 Sector: Transport

Sub-Sector: Freight Forwarding Business

(excluding freight forwarding business using air transportation)

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 4441 Collect-and-deliver freight transport

JSIC 4821 Deliver freight transport, except collect-and-deliver

freight transport

Market access (Articles 8.7 and 8.15)

National treatment (Articles 8.8 and 8.16)

Most-favoured-nation treatment (Articles 8.9 and 8.17)

Senior management and boards of directors (Article 8.10)

Central Government

Measures: Freight Forwarding Business Law (Law No. 82 of 1989), Chapters 2 to

4

Enforcement Regulation of Freight Forwarding Business Law

(Ministerial Ordinance of the Ministry of Transport No. 20 of 1990),

Chapters 3 to 5

…[Annex 8-B]/en 299

Description: Investment liberalisation and Cross-border trade in services

1. The following natural persons or entities are required to be

registered with, or to obtain permission or approval of, the

Minister of Land, Infrastructure, Transport and Tourism for

conducting freight forwarding business using international

shipping. That registration shall be made, or that permission or

approval shall be granted, on the basis of reciprocity:

(a) a natural person who does not have Japanese nationality;

(b) a foreign country, or a foreign public entity or its equivalent;

(c) a legal person or other entity constituted under the laws and

regulations of any foreign country; and

(d) a legal person represented by the natural persons or entities

referred to in subparagraph (a), (b) or (c); a legal person of

which one-third or more of the members of the board of

directors are composed of the natural persons or entities

referred to in subparagraph (a), (b) or (c); or a legal person

of which one-third or more of the voting rights are held by

the natural persons or entities referred to in subparagraph

(a), (b) or (c).

2. A person who intends to conduct freight forwarding business is

required to establish an office in Japan, and to be registered with,

or to obtain permission or approval of, the Minister of Land,

Infrastructure, Transport and Tourism.

…[Annex 8-B]/en 300

43 Sector: Transport

Sub-Sector: Railway Transport

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 421 Railway transport

JSIC 4851 Railway facilities services

National treatment (Article 8.8)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Article 27 [1]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Article 3

1 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 301

Description: Investment liberalisation

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in railway transport

industry in Japan.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which national security

is impaired, the maintenance of public order is disturbed, or the

protection of public safety is hindered.

3. The investor may be required to alter the content of the investment

or discontinue the investment process, depending on the screening

result.

4. The manufacture of vehicles or parts and components for the

railway transport industry is not included in railway transport

industry. Therefore, the prior notification requirement and

screening procedures under the Foreign Exchange and Foreign

Trade Law do not apply to the investments in the manufacture of

these products.

…[Annex 8-B]/en 302

44 Sector: Transport

Sub-Sector: Road Passenger Transport

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 4311 Common omnibus operators

National treatment (Article 8.8)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Article 27 [1]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Article 3

1 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 303

Description: Investment liberalisation

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in the omnibus industry

in Japan.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which national security

is impaired, the maintenance of public order is disturbed, or the

protection of public safety is hindered.

3. The investor may be required to alter the content of the investment

or discontinue the investment process, depending on the screening

result.

4. The manufacture of vehicles or parts and components for the

omnibus industry is not included in the omnibus industry.

Therefore, the prior notification requirement and screening

procedures under the Foreign Exchange and Foreign Trade Law

do not apply to the investments in the manufacture of these

products.

…[Annex 8-B]/en 304

45 Sector: Transport

Sub-Sector: Road Transport

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 431 Common omnibus operators

JSIC 432 Common taxicab operators

JSIC 433 Contracted omnibus operators

JSIC 4391 Motor passenger transport (particularly-contracted)

JSIC 441 Common motor trucking

JSIC 442 Motor trucking(particularly-contracted)

JSIC 443 Mini-sized vehicle freight transport

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Road Transport Law (Law No. 183 of 1951), Chapter 2

Special Measures Law concerning the proper management and

revitalisation of the taxi business in specified and sub-specified regions

(Law No.64 of 2009), Chapters 2 and 7 (hereinafter referred to in this

reservation as "the Law")

Trucking Business Law (Law No. 83 of 1989), Chapter 2

…[Annex 8-B]/en 305

Description: Investment liberalisation and Cross-border trade in services

1. A person who intends to conduct road passenger transport

business or road freight transport business is required to establish

a place of business in Japan, and to obtain permission of, or to

submit notification to, the Minister of Land, Infrastructure,

Transport and Tourism.

2. In respect of common taxicab operators business, the Minister of

Land, Infrastructure, Transport and Tourism may not grant

permission to a person who intends to conduct the businesses, or

may not approve a modification of the business plan of those

businesses in the "specified regions" and in the "semi-specified

regions" designated by the Minister of Land, Infrastructure,

Transport and Tourism. That permission may be granted, or that

modification of the business plan may be approved with respect to

"semi-specified regions" when the standards set out in the Law are

met, including those that the capacity of common taxicab

operators businesses in that region does not exceed the volumes of

the traffic demand. That designation would be made when the

capacity of common taxicab transportation businesses in that

region exceeds or is likely to exceed the volumes of traffic

demand to the extent that it would become difficult to secure the

safety of transportation and the benefits of passengers.

…[Annex 8-B]/en 306

3. In respect of common motor trucking business or motor trucking

business (particularly-contracted), the Minister of Land,

Infrastructure, Transport and Tourism may not grant permission to

a person who intends to conduct the businesses, or may not

approve a modification of the business plan of those businesses, in

"the emergency supply/demand adjustment area" designated by

the Minister of Land, Infrastructure, Transport and Tourism. That

designation would be made when the capacity of common motor

trucking businesses or motor trucking businesses (particularly

contracted) in that area has significantly exceeded the volumes of

transportation demand to the extent that the operation of those

businesses would become difficult.

…[Annex 8-B]/en 307

46 Sector: Transport

Sub-Sector: Services Incidental to Transport

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 4852 Fixed facilities for road transport

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Road Transport Law (Law No. 183 of 1951), Chapter 4

Description: Investment liberalisation and Cross-border trade in services

A person who intends to conduct motorway businesses is required to

obtain a licence from the Minister of Land, Infrastructure, Transport and

Tourism. The issuance of a licence is subject to an economic needs test,

such as whether the proposed motorway is appropriate in scale

compared with the volume and nature of traffic demand in the proposed

area.

…[Annex 8-B]/en 308

47 Sector: Transport

Sub-Sector: Services Incidental to Transport

Industry

Classification:

Obligations

Concerned:

Level of

Government:

Market access (Articles 8.7 and 8.15)

National treatment (Article 8.16)

Central Government

Measures: Pilotage Law (Law No. 121 of 1949), Chapters 2 to 4

Description: Investment liberalisation and Cross-border trade in services

1. Only a Japanese national may become a pilot in Japan.

2. Pilots directing ships in the same pilotage district are required to

establish a pilot association for the pilotage district.

…[Annex 8-B]/en 309

48 Sector: Transport

Sub-Sector: Water Transport

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 451 Oceangoing transport

Market access (Article 8.15)

National treatment (Article 8.16)

Most-favoured-nation treatment (Article 8.17)

Central Government

Measures: Law Concerning Special Measures against Unfavourable Treatment to

Japanese Oceangoing Ship Operators by Foreign Government (Law No.

60 of 1977)

Description: Cross-border trade in services

Oceangoing ship operators of a Member State of the European Union

may be restricted or prohibited from entering Japanese ports or from

loading and unloading cargoes in Japan in cases where Japanese

oceangoing ship operators are prejudiced by the Member State of the

EU.

…[Annex 8-B]/en 310

49 Sector: Transport

Sub-Sector: Water Transport

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 4542 Coastwise ship leasing

National treatment (Article 8.8)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Article 27 [1]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Article 3

1 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 311

Description: Investment liberalisation

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in water transport

industry in Japan.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which significant

adverse effect is brought to the smooth operation of the Japanese

economy. [1]

3. The investor may be required to alter the content of the investment

or discontinue the investment process, depending on the screening

result.

4. For the purposes of this reservation, "water transport industry"

refers to coastwise ship leasing industry.

1 For greater certainty, absence of reference in this description to "national security", which is
referred to in No. 11, 13, 15, 37, 43, 44, 52 and 54 in the Schedule of Japan in this Annex,
does not mean that Article 1.5 does not apply to the screening or that Japan waives its right to
invoke Article 1.5 to justify the screening.

…[Annex 8-B]/en 312

50 Sector: Transport

Sub-Sector: Water Transport

Industry

Classification:

Obligations

Concerned:

Level of

Government:

Market access (Articles 8.7 and 8.15)

National treatment (Articles 8.8 and 8.16)

Most-favoured-nation treatment (Articles 8.9 and 8.17)

Central Government

Measures: Ship Law (Law No. 46 of 1899), Article 3

Description: Investment liberalisation and Cross-border trade in services

Unless otherwise specified in the laws and regulations of Japan, or

international agreements to which Japan is a party, ships not flying the

Japanese flag are prohibited from entering the ports in Japan which are

not open to foreign commerce.

…[Annex 8-B]/en 313

51 Sector: Vocational Skills Test

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

Market access (Articles 8.7 and 8.15)

Central Government

Measures: Human Resources Development Promotion Law (Law No. 64 of 1969),

Chapter 5

Description: Investment liberalisation and Cross-border trade in services

Some of specific type of non-profit organisation (the employers'

organisations, their federations, general incorporated associations,

general incorporated foundations, incorporated labour unions or

miscellaneous incorporated non-profit organisations) can supply the

service. Those organisations which intend to carry out the vocational

skills test for workers are required to establish an office in Japan and to

be designated by the Minister of Health, Labour and Welfare.

…[Annex 8-B]/en 314

52 Sector: Water Supply and Waterworks

Sub-Sector:

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 3611 Water for end users, except industrial users

National treatment (Article 8.8)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Article 27 [1]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Article 3

1 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 315

Description: Investment liberalisation

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in water supply and

waterworks industry in Japan.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which national security

is impaired, the maintenance of public order is disturbed, or the

protection of public safety is hindered.

3. The investor may be required to alter the content of the investment

or discontinue the investment process, depending on the screening

result.

…[Annex 8-B]/en 316

53 Sector: Wholesale and Retail Trade

Sub-Sector: Livestock

Industry

Classification:

Obligations

Concerned:

Level of

Government:

JSIC 5219 Miscellaneous agricultural, livestock and aquatic

products

Market access (Article 8.15)

Central Government

Measures: Livestock Dealer Law (Law No. 208 of 1949), Article 3

Description: Cross-border trade in services

A person who intends to conduct livestock trading business is required

to be resident in Japan, and to obtain a licence from the prefectural

governor having jurisdiction over the place of residence. For greater

certainty, "livestock trading" means the trading or exchange of livestock,

or the good offices for that trading or exchange.

…[Annex 8-B]/en 317

54 Sector: Aerospace Industry

Sub-Sector: Aircraft Manufacturing and Repairing Industry

Industry

Classification [1] :

JSIC 16* Manufacture of chemical and allied products

JSIC 18* Manufacture of plastics products, except otherwise

classified

JSIC 19* Manufacture of rubber products

JSIC 21* Manufacture of ceramic, stone and clay products

JSIC 23* Manufacture of non-ferrous metals and products

JSIC 24* Manufacture of fabricated metal products

JSIC 25* Manufacture of general purpose machinery

JSIC 27* Manufacture of business oriented machinery

JSIC 28* Electronic parts, devices and electronic circuits

JSIC 29* Manufacture of electrical machinery, equipment and

supplies

JSIC 30* Manufacture of information and communication

electronics equipment

1 An asterisk (*) on the JSIC numbers indicates that the activities covered by this reservation
under such numbers are limited to those related to the aerospace industry.

…[Annex 8-B]/en 318

Obligations

Concerned:

Level of

Government:

JSIC 31* Manufacture of transportation equipment

JSIC 39* Information services

JSIC 90* Machine, etc. repair services, except otherwise

classified

Market access (Articles 8.7 and 8.15)

National treatment (Articles 8.8 and 8.16)

Prohibition of performance requirements (Article 8.11)

Central Government

Measures: Foreign Exchange and Foreign Trade Law (Law No. 228 of 1949),

Articles 27 and 30 [1]

Cabinet Order on Foreign Direct Investment (Cabinet Order No. 261 of

1980), Articles 3 and 5

Aircraft Manufacturing Industry Law (Law No.237 of 1952), Articles 2

to 5

1 For greater certainty, for the purposes of this reservation, the definition of "inward direct
investment" provided in Article 26 of the Foreign Exchange and Foreign Trade Law applies
with respect to the interpretation of this reservation.

…[Annex 8-B]/en 319

Description: Investment liberalisation and Cross-border trade in services

1. The prior notification requirement and screening procedures under

the Foreign Exchange and Foreign Trade Law apply to foreign

investors who intend to make investments in aircraft industry in

Japan.

2. The screening is conducted from the viewpoint of whether the

investment is likely to cause a situation in which national security

is impaired, the maintenance of public order is disturbed, or the

protection of public safety is hindered.

3. The investors may be required to alter the content of the

investment or discontinue the investment process, depending on

the screening result.

4. A technology introduction contract between a resident and a non

resident related to the aircraft industry is subject to the prior

notification requirement and screening procedures under the

Foreign Exchange and Foreign Trade Law.

…[Annex 8-B]/en 320

5. The screening is conducted from the viewpoint of whether the

conclusion of the technology introduction contract is likely to

cause a situation in which national security is impaired, the

maintenance of public order is disturbed, or the protection of

public safety is hindered.

6. The resident may be required to alter the provisions of the

technology introduction contract or discontinued the conclusion of

that contract, depending on the screening result.

7. The number of licences conferred to manufacturers and service

suppliers in those sectors may be limited.

8. An enterprise which intends to produce aircraft and supply repair

services is required to establish a factory related to manufacture or

repair aircraft under the laws and regulations of Japan.

______________

…[Annex 8-B]/en 321