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Text of the Comprehensive Economic and Trade Agreement – Annex II – EU Party

Reservations applicable in the European Union (applicable in all Member States of the EU unless otherwise indicated)

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation: Market access

Description:

Investment
In all Member States of the EU, services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators.

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

This reservation does not apply to telecommunications and to computer and related services.

Existing Measures:

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to any existing or future bilateral or multilateral agreement which:

  1. creates an internal market in services and investment;
  2. grants the right of establishment; or
  3. requires the approximation of legislation in one or more economic sectors.

An internal market on services and establishment means an area without internal frontiers in which the free movement of services, capital and persons is ensured.

The right of establishment means an obligation to abolish in substance all barriers to establishment among the parties to the regional economic integration agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the regional economic integration agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the country where such establishment takes place.

The approximation of legislation means:

  1. the alignment of the legislation of one or more of the parties to the regional economic integration agreement with the legislation of the other party or parties to that agreement; or
  2. the incorporation of common legislation into the law of the parties to the regional economic integration agreement.

Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at such time that it has been enacted in the law of the party or parties to the regional economic integration agreement.

Existing Measures:

European Economic Area (EEA)
Stabilisation Agreements
EU-Swiss Confederation bilateral agreements

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation: Most-favoured-nation treatment

Description:

Investment
The EU reserves the right to adopt or maintain any measure which accords differential treatment relating to the right of establishment to nationals or enterprises through existing or future bilateral agreements between the following Member States of the EU: BE, DE, DK, EL, ES, FR, IE, IT, LU, NL, PT, UK, and any of the following countries or principalities: San Marino, Monaco, Andorra, and the Vatican City State.

Existing Measures:

Sector:

Fishing
Aquaculture
Services incidental to fishing

Sub-Sector:

Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882

Type of Reservation:

Market access
National treatment
Most-favoured-nation treatment
Performance requirements

Description:

Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure, in particular within the framework of the Common Fisheries Policy, and of fishing agreements with a third country, with respect to access to and use of the biological resources and fishing grounds situated in maritime waters coming under the sovereignty or within the jurisdiction of Member States of the EU.

The EU reserves the right to adopt or maintain any measure:

  1. regulating the landing of catches performed in the sub-quotas allocated to vessels of Canada or of a third country in EU ports;
  2. determining a minimum size for a company in order to preserve both artisanal and coastal fishing vessels; or
  3. according differential treatment to a Canada or a third country pursuant to existing or future bilateral agreements relating to fisheries.

A commercial fishing licence granting the right to fish in the territorial waters of a Member State of the EU may only be granted to vessels flying the flag of a Member State of the EU.

The EU reserves the right to adopt or maintain any measure with regard to the nationality of the crew of a fishing vessel flying the flag of a Member State of the EU.

National complementary reservations may be found in the schedules of reservations applicable in BE, BG, DE, DK, ES, FI, FR, IT, LT, LU, LV, MT, NL, PL, PT, RO, SE, SI, SK and UK.

Existing Measures:

Sector: Collection, purification and distribution of water

Sub-Sector:

Industry Classification: ISIC rev 3.1 41

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure with respect to activities, including services relating to the collection, purification and distribution of water to household, industrial, commercial or other users, including the supply of drinking water, and water management.

Existing Measures:

Sector: Business services

Sub-Sector:

Legal services
Services of notaries
Services by bailiffs

Industry Classification: Part of CPC 861, part of CPC 87902

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The EU, with the exception of SE, reserves the right to adopt or maintain any measure with respect to the supply of legal advisory and legal authorisation and certification services provided by legal professionals entrusted with public functions, such as notaries, "huissiers de justice" or other "officiers publics et ministériels", and with respect to services provided by bailiffs who are appointed by an official act of government.

Existing Measures:

Sector: Distribution and health services

Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods and other services provided by pharmacists

Industry Classification: CPC 63211

Type of Reservation: Market access

Description:

Cross-Border Trade in Services
For all Member States of the EU with the exception of BE, BG, EE, and IE, mail order is only possible from Member States of the EEA, thus establishment in any of these countries is required for the retail of pharmaceuticals and specific medical goods to the general public in the EU.

In BG, DE and EE, the mail order of pharmaceuticals is prohibited. In IE, the mail order of pharmaceuticals requiring a prescription is prohibited.

National complementary reservations may be found in the schedules of reservations applicable in BE, FI, SE and SK.

Existing Measures:

Sector: Distribution and health services

Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods and other services provided by pharmacists

Industry Classification: CPC 63211

Type of Reservation: Market access

Description:

Investment
The EU, with the exception of EL, IE, LT, LU, NL, and the UK, reserves the right to adopt or maintain any measure which restricts the number of suppliers entitled to provide a particular service in a specific local zone or area on a non-discriminatory basis in order to prevent oversupply in areas of limited demand. An economic needs test may therefore be applied, taking into account such factors as the number of and impact on existing establishments, transport infrastructure, population density or geographic spread.

National complementary reservations may be found in the schedules of reservations applicable in AT, DE, ES, FI, FR, IT, LU, LV, MT, PT, SE and SI.

Existing Measures:

Sector: Business services

Sub-Sector: Other business services (collection agency services, credit reporting services)

Industry Classification: CPC 87901, CPC 87902

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
The EU, with the exception of ES and SE, reserves the right to adopt or maintain any measure with regard to the supply of collection agency services and credit reporting services.

Existing Measures:

Sector: Business services

Sub-Sector:

Placement services of office support personnel and other workers
Supply services of domestic help personnel, other commercial or industrial workers, nursing, and other personnel

Industry Classification: CPC 87202, CPC 87204, CPC 87205, CPC 87206, CPC 87209

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The EU, with the exception of BE, HU and SE, reserves the right to require establishment and to prohibit the cross-border supply of placement services of office support personnel and other workers.

The EU, with the exception of HU and SE, reserves the right to adopt or maintain any measure with regard to the supply of placement services of domestic help personnel, other commercial or industrial workers, nursing, and other personnel.

National complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, CY, CZ, DE, EE, ES, FI, FR, IT, LT, LV, MT, PL, PT, RO, SI, and SK.

Existing Measures:

Sector: Business services

Sub-Sector: Investigation services

Industry Classification: CPC 87301

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The EU, with the exception of AT and SE, reserves the right to adopt or maintain any measure with regard to the supply of investigation services. Residency or commercial presence is required and nationality requirements may exist.

National complementary reservations may be found in the schedules of reservations applicable in LT and PT.

Existing Measures:

Sector:

Business services
Auxiliary services to maritime, internal waterways, rail and air transport

Sub-Sector: Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof

Industry Classification: Part of CPC 86764, CPC 86769, CPC 8868,

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
The EU, with the exception of DE, EE and HU, reserves the right to adopt or maintain any measure with respect to requiring establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of rail transport equipment from outside its territory.

The EU, with the exception of CZ, EE, HU, LU and SK, reserves the right to adopt or maintain any measure with respect to requiring establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of internal waterways transport vessels from outside its territory.

The EU, with the exception of EE, HU and LV, reserves the right to adopt or maintain any measure with respect to requiring establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance and repair services of maritime vessels from outside its territory.

Only recognised organisations authorised by the EU may carry out statutory surveys and certification of ships on behalf of Member States of the EU. Establishment may be required.

The EU, with the exception of AT, EE, HU, LV, and PL, reserves the right to adopt or maintain any measure with respect to requiring establishment or physical presence in its territory and prohibiting the cross-border supply of maintenance (including line maintenance) and repair services of aircraft and parts thereof from outside its territory.

Existing Measures:

Sector: Communication services

Sub-Sector: Telecommunication services

Industry Classification:

Type of Reservation: Market accessNational treatment

Description:

Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure with respect to broadcast transmission services.

Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.

Existing Measures:

Sector: Recreational, cultural and sporting services

Sub-Sector:

Industry Classification: CPC 9619, CPC 963 , CPC 964 other than CPC 96492

Type of Reservation:

Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The EU, with the exception of AT reserves the right to adopt or maintain any measure with respect to the supply of library, archive, museum, and other cultural services. LT reserves the right to adopt or maintain any measure requiring the establishment of suppliers and restricting the cross-border supply of these services. In AT and LT, a licence or concession may be required to provide these services.

CY, CZ, FI, MT, PL, RO, SI, and SK reserve the right to adopt or maintain any measure with respect to the supply of entertainment services, including theatre, live bands, circus and discotheque services.

In addition, the EU, with the exception of AT and SE, reserves the right to adopt or maintain any measure requiring establishment and restricting the cross-border supply of entertainment services, including theatre, live bands, circus and discotheque services.

BG reserves the right to adopt or maintain any measure with respect to the supply of the following entertainment services: circus, amusement park and similar attraction services, ballroom, discotheque and dance instructor services, and other entertainment services.

EE reserves the right to adopt or maintain any measure with respect to the supply of other entertainment services except for cinema theatre services.

LT and LV reserve the right to adopt or maintain any measure with respect to the supply of all entertainment services other than cinema theatre operation services.

BG, CY, CZ, EE, LV, MT, PL, RO, and SK reserve the right to adopt or maintain any measure with respect to the cross-border supply of sporting and other recreational services.

AT reserves the right to adopt or maintain any measure with respect to the supply of mountain guide or ski school services.

Existing Measures:

Sector: Recreational, cultural and sporting services

Sub-Sector: Gambling and betting services

Industry Classification: CPC 96492

Type of Reservation:

Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The EU, with the exception of MT, reserves the right to adopt or maintain any measure with respect to the supply of gambling activities, which involve wagering a stake with pecuniary value in games of chance, including in particular lotteries, scratch cards, gambling services offered in casinos, gambling arcades or licensed premises, betting services, bingo services and gambling services operated by and for the benefit of charities or non-profit-making organisations.

This reservation does not apply to games of skill, gambling machines that do not give prizes or that give prizes only in the form of free games, and promotional games, whose exclusive purpose is to encourage the sale of goods or services which are not covered by this exclusion.

Existing Measures:

Sector: Education services

Sub-Sector:

Industry Classification: CPC 92

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure with regard to the supply of all educational services which receive public funding or State support in any form, and are therefore not considered to be privately funded.

The EU, with the exception of CZ, NL, SE and SK, reserves the right to adopt or maintain any measure with respect to the supply of privately funded other education services, which means other than those classified as being primary, secondary, higher and adult education services.

Where the supply of privately funded education services by a foreign provider is permitted, participation of private operators in the education system may be subject to concession allocated on a non-discriminatory basis.

National complementary reservations may be found in the schedules of reservations applicable in AT, BG, CY, CZ, FI, FR, IT, MT, RO, SE, SI, and SK.

Existing Measures:

Sector: Health and social services

Sub-Sector:

Human health services
Social services

Industry Classification: CPC 931 other than 9312, part of 93191

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
The EU, with the exception of HU, reserves the right to adopt or maintain any measure requiring the establishment or physical presence in its territory of suppliers and restricting the cross-border supply of health services from outside their territory.

The EU reserves the right to adopt or maintain any measure requiring the establishment or physical presence in their territory of suppliers and restricting the cross-border supply of social services from outside their territory, as well as with respect to activities or services forming part of a public retirement plan or statutory system of social security.

This reservation does not relate to the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by other reservations.

Existing Measures:

Sector: Health services

Sub-Sector:

Industry Classification: CPC 931 other than 9312, part of CPC 93191

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
The EU reserves the right to adopt or maintain any measure with regard to the supply of all health services which receive public funding or State support in any form, and are therefore not considered to be privately funded.

The EU reserves the right to adopt or maintain any measure with regard to all privately funded health services, other than privately funded hospital, ambulance, and residential health facilities services other than hospital services.

The participation of private operators in the privately funded health network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment.

This reservation does not relate to the supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, , which are covered by other reservations.

National complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, CY, CZ, FI, FR, MT, PL, SI, SK and UK.

Existing Measures:

Sector: Health services

Sub-Sector: Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services

Industry Classification: CPC 9312, part of CPC 93191

Type of Reservation: Market access

Description:

Cross-Border Trade in Services
In the EU, with the exception of BE, FI, NL and SE, the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, requires residency.

These services may only be provided by natural persons physically present in the territory of the EU.

National complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, FI, FR, MT, SK and UK.

Existing Measures: None

Sector: Social services

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
The EU reserves the right to adopt or maintain any measure with regard to the supply of all social services which receive public funding or State support in any form, and are therefore not considered to be privately funded, and with regard to activities or services forming part of a public retirement plan or statutory system of social security.

The participation of private operators in the privately funded social network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment.

National complementary reservations may be found in the schedules of reservations applicable in BE, CY, CZ, DE, DK, EL, ES, FI, FR, HU, IE, IT, LT, MT, PL, PT, RO, SI, SK, and UK.

Existing Measures:

Sector: Financial services

Sub-Sector:

Industry Classification:

Type of Reservation: Market access

Description:

Financial Services
The EU reserves the right to adopt or maintain any measure requiring a financial institution, other than a branch, when establishing in a Member State of the EU to adopt a specific legal form, on a non-discriminatory basis.

Existing Measures:

Sector: Financial services

Sub-Sector: Banking and other financial services (excluding insurance)

Industry Classification:

Type of Reservation:

Market access
National treatment
Cross-Border supply of financial services

Description:

Financial services
Only firms having their registered office in the EU can act as depositories of the assets of investment funds. The establishment of a specialised management company, having its head office and registered office in the same Member State of the EU, is required to perform the activities of management of common funds, including unit trusts, and where allowed under national law, investment companies.

Existing Measures: Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS)

Sector: Air transport

Sub-Sector: Services auxiliary to air transport

Industry Classification:

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure which accords differential treatment to a third country pursuant to existing or future bilateral agreements relating to the following Auxiliary air transport services:

  1. the selling and marketing of air transport services;
  2. computer reservation system (CRS) services; and
  3. other services auxiliary to air transport, such as ground-handling services and airport operation services.

In respect of maintenance and repair of aircrafts and parts, the EU reserves the right to adopt or maintain any measure which accords differential treatment to a third country pursuant to existing or future trade agreements pursuant to Article V of GATS.

Existing Measures:

Sector: Air transport

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Market access
Senior management and boards of directors
Performance requirements
Most-favoured-nation treatment

Description:

Investment
The EU reserves the right to adopt or maintain any measure relating to air services, or related services in support of air services and other services supplied by means of air transport other than the services set out in Article 8.2.2(a) (i) to (v), with respect to the establishment, acquisition or expansion of a covered investment, to the extent that such measures are not excluded from the scope of Sections B and C of Chapter Eight (Investment).

Existing Measures:

Sector: Transport

Sub-Sector: Water transport

Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 722, CPC 74520, CPC 74540, CPC 74590, CPC 882

Type of Reservation:

National treatment
Market access
Senior management and board of directors

Description:

Investment
The EU reserves the right to adopt or maintain any measure with regard to the registration of a non-seagoing vessel in order to fly the national flag of a Member State of the EU, and with regard to the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment. This reservation relates to, among other elements, requirements for incorporation or to maintain a principal office in the Member State of the EU concerned, as well as requirements relating to ownership of capital and control.

Existing Measures:

Sector: Transport

Sub-Sector: Water transport

Industry Classification:

CPC 5133 CPC 5223,CPC 721,CPC 722,CPC 74520, CPC 74540, CPC 74590
Any other commercial activity undertaken from a ship

Type of Reservation:

National treatment
Market access
Senior management and board of directors
Obligations

Description:

Investment, Cross-Border Trade in Services and International Maritime Transport Services
The EU reserves the right to adopt or maintain any measure with regard to the nationality of crew on a seagoing or non-seagoing vessel.

Existing Measures:

Sector: Transport

Sub-Sector:

Water transport
Supporting services for water transport

Industry Classification: CPC 72, CPC 745

Type of Reservation:

Market access
National treatment
Senior management and boards of directors
Most-favoured-nation treatment
Obligations

Description:

Investment, Cross-Border Trade in Services and International Maritime Transport Services
The EU reserves the right to adopt or maintain any measure with respect to the supply of national cabotage transport.

Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, national cabotage transport is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the EU and another port or point located in the same Member State of the EU, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the EU.

For greater certainty, this reservation applies inter alia to feeder services. This reservation does not apply to shipping companies of Canada repositioning owned or leased containers on a non-revenue basis.

Existing Measures:

Sector: Transport

Sub-Sector: Water transport: pilotage and berthing services, pushing and towing services

Industry Classification: CPC 7214, CPC 7224, CPC 7452

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure with respect to the supply of pilotage and berthing services. For greater clarity, regardless of the criteria which may apply to the registration of ships in a Member State of the EU, the EU reserves the right to require that only ships registered on the national registers of Member States of the EU may provide pilotage and berthing services.

For the EU, with the exception of LT and LV, only vessels carrying the flag of a Member State of the EU may provide pushing and towing services.

For LT, only juridical persons of Lithuania or juridical persons of a Member State of the EU with branches in Lithuania that have a Certificate issued by the Lithuanian Maritime Safety Administration may provide pilotage and berthing, pushing and towing services.

Existing Measures:

Sector: Transport

Sub-Sector: Internal waterways transport

Industry Classification: CPC 722

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure which accords differential treatment to a third country pursuant to existing or future agreements relating to access to inland waterways (including agreements following the Rhine-Main-Danube link), which reserve traffic rights for operators based in the countries concerned who meet nationality criteria regarding ownership.

Subject to regulations implementing the Mannheim Convention on Rhine Shipping. This part of the reservation only applies to the following Member States of the EU: BE, DE, FR and NL.

Existing Measures:

Sector: Transport

Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services

Industry Classification: CPC 712

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
The EU reserves the right to require establishment and to limit the cross-border supply of road transport services.

The EU reserves the right to adopt or maintain measures limiting the supply of cabotage within a Member State of the EU by foreign investors established in another Member State of the EU.

An economic needs test may apply to taxi services in the EU with the exception of BE. The economic needs test, when applied, sets a limit on the number of service suppliers. Main criteria: Local demand as provided in applicable laws.

For road passenger and freight transportation, national complementary reservations may be found in the schedules of reservations applicable in AT, BE, BG, ES, FI, FR, IE, IT, LT, LV, MT, PT, RO, SE, and SK.

Existing Measures:

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market

Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006

Sector: Transport

Sub-Sector: Road and rail transport

Industry Classification: CPC 7111, CPC 7112, CPC 7121, CPC 7122, CPC 7123

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to existing or future bilateral agreements relating to international road haulage (including combined transport – road or rail) and passenger transport, concluded between the EU or the Member States of the EU and a third country.

Such treatment may:

  1. reserve or limit the supply of the relevant transport services between the contracting parties or across the territory of the contracting parties to vehicles registered in each contracting partyFootnote 1; or
  2. provide for tax exemptions for such vehicles.

Existing Measures:

Sector: Transport

Sub-Sector:

Space transport
Rental of space craft

Industry Classification: CPC 733, part of CPC 734

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The EU reserves the right to adopt or maintain any measure with respect to the transportation services via space and the rental of space craft.

Existing Measures:

Sector: Energy

Sub-Sector:

Electricity and gas transmission systems
Oil and gas pipeline transport

Industry Classification: ISIC rev 3.1 401, 402, CPC 7131, CPC 887 (other than advisory and consultancy services)

Type of Reservation:

National treatment
Market access
Performance requirements
Senior management and boards of directors

Description:

Investment
Where a Member State of the EU permits foreign ownership of a gas or electricity transmission system, or an oil and gas pipeline transport system, the EU reserves the right to adopt or maintain any measure with respect to enterprises of Canada controlled by natural persons or enterprises of a third country which accounts for more than 5 per cent of the EU's oil or natural gas or electricity imports, in order to guarantee the security of the energy supply of the EU as a whole, or of an individual Member State of the EU.

This reservation does not apply to advisory and consultancy services provided as services incidental to energy distribution.

This reservation does not apply to HU and LT (for LT, only CPC 7131) with regard to the pipeline transport of fuels, nor to LV with regard to services incidental to energy distribution, nor to SI with regard to services incidental to the distribution of gas.

National complementary reservations may be found in the schedules of reservations applicable in BE, BG, CY, FI, FR, HU, LT, NL, PT, SI and SK.

Existing Measures:

Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC

Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC

Reservations applicable in Austria

Sector: Manufacture of nuclear fuel, electricity, gas and water supply

Sub-Sector: Nuclear based electricity generation, processing of nuclear material and fuel, transportation and handling of nuclear material

Industry Classification: ISIC rev 3.1 233, ISIC rev 3.1 40

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
Austria reserves the right to adopt or maintain any measure with respect to the processing, distribution or transportation of nuclear material and generation of nuclear-based energy.

Existing Measures:

Bundesverfassungsgesetz für ein atomfreies Österreich (Constitutional Law on a Nuclear Free Austria), BGBl. I Nr. 149/1999

Sector: Business services

Sub-Sector:

Placement services of office support personnel and other workers
Supply services of office support personnel

Industry Classification: CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Austria reserves the right to adopt or maintain any measure with regard to the supply of supply services of office support personnel, and the establishment of suppliers of placement services of office support personnel and other workers.

Existing Measures:

Sector: Education services

Sub-Sector:

Higher education services
Adult education services

Industry Classification: CPC 923, CPC 924

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
Austria reserves the right to adopt or maintain any measure with regard to the supply of privately funded higher education services.

Austria reserves the right to prohibit the cross-border supply of privately funded adult education services by means of radio or television broadcasting.

Existing Measures:

Sector: Health services

Sub-Sector: Ambulance services

Industry Classification: CPC 93192

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Austria reserves the right to adopt or maintain any measure with respect to the supply of privately funded ambulance services.

Existing Measures:

Reservations applicable in Belgium

Sector:

Fishing
Aquaculture
Services incidental to fishing

Sub-Sector:

Industry Classification: ISIC rev 3.1 0501, 0502, CPC 882

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
A fishing licence is mandatory for performing marine fishing activities in Belgium. The owner of a vessel who has a fishing licence is either a legal person or a natural person. The natural person has to be a resident of Belgium when applying for a fishing licence. The legal person has to be a domestic firm and the managers of the domestic firm have to be active in fisheries and to be residents of Belgium when applying for a fishing licence.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The supply of security services by a foreign provider on a cross-border basis is not allowed.

Requirement of nationality of a Member State of the EU for members of boards of directors of companies providing guard and security services, as well as consultancy and training relating to security services. The senior management of companies providing guard and security consultancy services are required to be resident nationals of a Member State of the EU.

Existing Measures:

Sector: Distribution

Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods

Industry Classification: CPC 63211

Type of Reservation: Market access

Description:

Cross-Border Trade in Services
Mail order is only authorised for pharmacies open to the public, thus establishment in Belgium is required for the retail of pharmaceuticals

Existing Measures:

Arrêté royal du 21 janvier 2009 portant instructions pour les pharmaciens

Arrêté royal du 10 novembre 1967 relatif à l'exercice des professions des soins de santé

Sector: Health services

Sub-Sector:

Ambulance services
Residential health services other than hospital services

Industry Classification: CPC 93192, CPC 93193

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Belgium reserves the right to adopt or maintain any measure with respect to the supply of privately funded ambulance and residential health services other than hospital services.

Existing Measures:

Sector: Health services

Sub-Sector: Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services, veterinary services

Industry Classification: Part of CPC 85201, CPC 9312, part of CPC 93191, CPC932

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
Belgium reserves the right to adopt or maintain any measure relating to the cross-border supply of medical, dental and midwives services and services provided by nurses, physiotherapists and paramedical personnel, and veterinary services.

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Belgium reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.

Existing Measures:

Sector: Transport

Sub-Sector: Cargo handling services

Industry Classification: CPC 741

Type of Reservation: Market access

Description:

Investment and Cross-Border Trade in Services
Cargo handling services can only be operated by accredited workers, eligible to work in port areas designated by royal decree.

Existing Measures:

Loi du 8 juin 1972 organisant le travail portuaire.

Arrêté royal du 12 janvier 1973 instituant une Commission paritaire des ports et fixant sa dénomination et sa compétence

Arrêté royal du 4 septembre 1985 portant agrément d'une organisation d'employeur (Anvers)

Arrêté royal du 29 janvier 1986 portant agrément d'une organisation d'employeur (Gand)

Arrêté royal du 10 juillet 1986 portant agrément d'une organisation d'employeur (Zeebrugge)

Arrêté royal du 1er mars 1989 portant agrément d'une organisation d'employeur (Ostende)

Arrêté royal du 5 juillet 2004 relatif à la reconnaissance des ouvriers portuaires dans les zones portuaires tombant dans le champ d'application de la loi du 8 juin 1972 organisant le travail portuaire, tel que modifié.

Sector: Transport

Sub-Sector: Road transport

Industry Classification: CPC 71221

Type of Reservation: Market access

Description:

Investment
Belgium reserves the right to restrict the availability of licences to provide taxi services.

For the Brussels Capital Region: A maximum number of licences is fixed by law.

For the Flemish Region: A maximum number of taxis per capita is fixed by law. This number can be adjusted, in which case an economic needs test is applied. Main criteria: degree of urbanisation, average occupancy rate of existing taxis.

For the Walloon Region: A maximum number of taxis per capita is fixed by law. This number can be adjusted, in which case an economic needs test is applied. Main criteria: average occupancy rate of existing taxis.

Existing Measures:

Sector: Energy

Sub-Sector: Production of electricity

Industry Classification: ISIC rev 3.1 4010

Type of Reservation:

National treatment
Market access

Description:

Investment
An individual authorisation for the production of electricity of a capacity of 25 MW requires establishment in the EU, or in another State which has a similar regime to that enforced by Directive 96/92/EC in place, and where the company has an effective and continuous link with the economy.

The offshore production of electricity within the offshore territory of Belgium is subject to concession and a joint venture obligation with a company from a Member State of the EU, or a foreign company from a country having a similar regime to that of Directive 2003/54/EC, particularly with regard to conditions relating to the authorisation and selection. Additionally, the company shall have its central administration or its head office in a Member State of the EU or a country meeting the above criteria, where it has an effective and continuous link with the economy.

The construction of electrical power lines which link offshore production to the transmission network of Elia requires authorisation and the company must meet the previously specified conditions, except for the joint venture requirement.

Existing Measures:

Arrêté Royal du 11 octobre 2000 fixant les critères et la procédure d'octroi des autorisations individuelles préalables à la construction de lignes directes

Arrêté Royal du 20 décembre 2000 relatif aux conditions et à la procédure d'octroi des concessions domaniales pour la construction et l'exploitation d'installations de production d'électricité à partir de l'eau, des courants ou des vents, dans les espaces marins sur lesquels la Belgique peut exercer sa juridiction conformément au droit international de la mer

Arrêté Royal du 12 mars 2002 relatif aux modalités de pose de câbles d'énergie électrique qui pénètrent dans la mer territoriale ou dans le territoire national ou qui sont installés ou utilisés dans le cadre de l'exploration du plateau continental, de l'exploitation des ressources minérales et autres ressources non vivantes ou de l'exploitation d'îles artificielles, d'installations ou d'ouvrages relevant de la juridiction belge

Sector: Energy

Sub-Sector: Energy transmission services and bulk storage services of gas

Industry Classification: ISIC rev 3.1 4010, CPC 71310, part of CPC 742, CPC 887 (other than consultancy services)

Type of Reservation:

National treatment
Market access

Description:

Investment and Cross-Border Trade in Services
Belgium reserves the right to adopt or maintain any measure related to the types of legal entities and to the treatment of public or private operators to whom Belgium has conferred exclusive rights. Establishment is required within EU for energy transmission services and for bulk storage services of gas.

Existing Measures:

Sector: Energy

Sub-Sector: Energy distribution services and services incidental to energy distribution

Industry Classification: CPC 887 (other than consultancy services)

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Belgium reserves the right to adopt or maintain any measure related to energy distribution services and services incidental to energy distribution.

Existing Measures:

Sector: Energy

Sub-Sector: Transport via pipeline of fuel

Industry Classification: CPC 7131

Type of Reservation:

National treatment
Market access

Description:

Cross-border Trade in Services
The pipeline transport of natural gas and other fuels is subject to an authorisation requirement. An authorisation may only be granted to a natural or juridical person established in a Member State of the EU (in accordance with Art. 3 of the AR of 14 May 2002).

Where the authorisation is requested by a company then:

  1. the company must be established in accordance with Belgian law, or the law of another Member State of the EU, or the law of a third country, which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning common rules for the internal market in natural gas; and
  2. the company must hold its administrative seat, its principal establishment or its head office within a Member State of the EU, or a third country, which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning common rules for the internal market in natural gas, provided that the activity of this establishment or head office represents an effective and continuous link with the economy of the country concerned.

Existing Measures: Arrêté Royal du 14 mai 2002 relatif à l'autorisation de transport de produits gazeux et autres par canalisations.

Sector: Energy

Sub-Sector: Wholesaling services of electricity and gas

Industry Classification: CPC 62271

Type of Reservation: National treatment

Description:

Cross-border Trade in Services
An authorisation is necessary for the supply of electricity by an intermediary having customers established in Belgium who are connected to the national grid system or to a direct line whose nominal voltage is higher than 70,000 volts. Such an authorisation may only be granted to a natural or juridical person established in the EEA.

In general, the supply of natural gas to customers (customers being both distribution companies and consumers whose overall combined consumption of gas arising from all points of supply attains a minimum level of one million cubic metres per year) established in Belgium is subject to an individual authorisation provided by the minister, except where the supplier is a distribution company using its own distribution network. Such an authorisation may only be granted to a natural or juridical person established in a Member State of the EU.

Existing Measures:

Arrêté royal du 2 avril 2003 relatif aux autorisations de fourniture d'électricité par des intermédiaires et aux règles de conduite applicables à ceux-ci

Arrêté royal du 12 juin 2001 relatif aux conditions générales de fourniture de gaz naturel et aux conditions d'octroi des autorisations de fourniture de gaz naturel

Sector: Energy

Sub-Sector: Nuclear energy

Industry Classification: ISIC rev 3.1 233, ISIC rev 3.1 40

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
Belgium reserves the right to adopt or maintain any measure with respect to the production, processing or transportation of nuclear material and generation or distribution of nuclear-based energy.

Existing Measures:

Sector: Mining and quarrying, manufacturing and energy

Sub-Sector: Mining and quarrying, manufacture of refined petroleum products and nuclear fuel, electricity, gas and hot water supply

Industry Classification: ISIC rev 3.1 10, ISIC rev 3.11110, ISIC rev 3.1 13, ISIC rev 3.1 14, ISIC rev 3.1 232, part of ISIC rev 3.1 4010, part of ISIC rev 3.1 4020, part of ISIC rev 3.1 4030

Type of Reservation:

Market access
National treatment

Description:

Investment
With the exception of the mining of metal ores and other mining and quarrying, enterprises of Canada controlled by natural persons or enterprises of a third country which accounts for more than 5 per cent of the EU's oil or natural gas or electricity imports may be prohibited from obtaining control of the activity.

Incorporation is required (no branching).

Existing Measures:

Reservations applicable in Bulgaria

Sector: All sectors

Sub-Sector: Acquisition of real estate

Industry Classification:

Type of Reservation: National treatment

Description:

Investment
Foreign natural and foreign juridical persons (including through a branch) cannot acquire ownership of land in Bulgaria. Juridical persons of Bulgaria with foreign participation cannot acquire ownership of agricultural land. Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited property rights (right to use, right to build, right to raise a superstructure and servitudes) of real estate. Foreign citizens with permanent residence abroad, foreign juridical persons and companies in which foreign participation ensures a majority in adopting decisions or blocks the adoption of decisions, can acquire real estate property rights in specific geographic regions designated by the Council of Ministers subject to permission.

Existing Measures:

Constitution of the Republic of Bulgaria, art. 22
Law on Ownership and Use of Agricultural Land, art. 3
Law on Forests, art. 10

Sector: All sectors other than mining and quarrying

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment

Measures:

Law on State Property
Concessions Act
Law on Privatisation and Post-Privatisation Control

Description:

Investment
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.

Commercial corporations in which the 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.

This reservation does not apply to mining and quarrying, which are subject to a separate reservation in Annex I.

Existing Measures:

Sector:

Fishing
Aquaculture
Services incidental to fishing

Sub-Sector:

Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882

Type of Reservation:

Market access
National treatment
Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
The taking of marine and river-living resources, performed by vessels in the internal marine waters, the territorial sea and on the inland waterways of Bulgaria, shall be performed by vessels flying the flag of Bulgaria. A foreign ship may not engage in commercial fishing in the exclusive economic zone save on the basis of an agreement between Bulgaria and the flag state. While passing through the exclusive economic zone, foreign fishing ships may not maintain their fishing gear in operational mode.

Existing Measures:

Sector: Energy

Sub-Sector:

Industry Classification: ISIC rev 3.1 40, CPC 71310, part of CPC 88

Type of Reservation:

National treatment
Market access

Description:

Investment and Cross-Border Trade in Services
Bulgaria reserves the right to adopt or maintain any measure with respect to the production of electricity and heat and to the services incidental to energy distribution, as well as to pipeline transportation, storage and warehousing of petroleum and natural gas, including transit transmission.

Existing Measures: Energy Act

Sector: Manufacture of nuclear fuel, electricity, gas and water supply

Sub-Sector:

Nuclear-based electricity generation
Processing of nuclear material and fuel
Transportation or handling of nuclear material

Industry Classification: ISIC rev 3.1 23, ISIC rev 3.1 40

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment
Bulgaria reserves the right to adopt or maintain any measure with respect to the processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade therewith, to the maintenance and repair of equipment and systems in nuclear energy production facilities, to the transportation of such materials and the refuse and waste matter of their processing, to the use of ionising radiation, and on all other services relating to the use of nuclear energy for peaceful purposes (incl. engineering and consulting services and services relating to software, etc.).

Existing Measures: Safe Use of Nuclear Energy Act

Sector: Business services

Sub-Sector: Legal services

Industry Classification: Part of CPC 861

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in 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, the countries with whom preferential arrangements have been or will be concluded.

Existing Measures:

Sector: Business services

Sub-Sector: Auditing services

Industry Classification: CPC 86211 and CPC 86212 other than accounting services

Type of Reservation: National treatment

Measures: Independent Financial Audit Act

Description:

Cross-Border Trade in Services
An independent financial audit shall be implemented by registered auditors who are members of the Institute of the Certified Public Accountants. Subject to reciprocity, the Institute of the Certified Public Accountants shall register an audit entity of Canada or of a third country upon the latter's furnishing proof that:

  1. three-fourths of the members of the management bodies and the registered auditors carrying out audit on behalf of the entity meet requirements equivalent to those for Bulgarian auditors and have passed successfully the examinations for it;
  2. the audit entity carries out independent financial audit in accordance with the requirements for independence and objectivity; and
  3. the audit entity publishes on its website an annual transparency report or performs other equivalent requirements for disclosure in case it audits public-interest entities.

Existing Measures:

Sector: Health services

Sub-Sector: Veterinary services

Industry Classification: CPC 932

Type of Reservation:

National treatment
Market access

Measures: Veterinary Practices Act

Description:

Investment and Cross-Border Trade in Services
In Bulgaria, a veterinary medical establishment may be established by a natural or a legal person.

The practice of veterinary medicine is subject to a condition of nationality of a Member State of the EU or the EEA, otherwise a permanent residence permit is required for foreign nationals (physical presence is required).

Existing Measures:

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Bulgaria reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.

Bulgaria reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Bulgaria reserves the right to adopt or maintain any measure with regard to the supply of security services.

Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.

Existing Measures:

Sector: Distribution

Sub-Sector:

Distribution of chemical products
Distribution of precious metals and stones
Distribution of pharmaceuticals, products and objects for medical use and medical substances
Distribution of tobacco and tobacco products
Distribution of alcoholic beverages

Industry Classification: Part of CPC 621, CPC 62228, CPC 62251, CPC 62271, part of CPC 62272, CPC 62276, CPC 63108, part of CPC 6329

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Cross-Border Trade in Services
Bulgaria reserves the right to adopt or maintain any measure with respect to the distribution of chemical products, precious metals and stones, pharmaceuticals, medical substances and products and objects for medical use; tobacco and tobacco products and alcoholic beverages.

Bulgaria reserves the right to adopt or maintain any measure with respect to the services provided by commodity brokers.

Existing Measures:

Law on Medicinal Products in Human Medicine
Law of Veterinary Activity
Law for Prohibition of Chemical Weapons and for Control over Toxic Chemical Substances and Their Precursors
Law for Tobacco and Tobacco Products

Sector: Education services

Sub-Sector:

Industry Classification: CPC 921, CPC 922, CPC 923

Type of Reservation:

National treatment
Market access

Description:

Investment and Cross-Border Trade in Services
Bulgaria reserves the right to adopt or maintain any measure restricting the cross-border supply of privately funded primary and secondary education services.

Bulgaria reserves the right to adopt or maintain any measure with respect to the supply of privately funded higher education services.

Existing Measures:

Public Education Act, art. 12
Law for the Higher Education, paragraph 4 of the additional provisions
Vocational Education and Training Act, art. 22

Sector: Financial services

Sub-Sector: Insurance

Type of Reservation: Cross-Border supply of financial services

Description:

Financial Services
Transport insurance, covering goods, insurance of vehicles as such and liability insurance regarding risks located in the Bulgaria may not be underwritten by foreign insurance companies directly.

Sector: Health services

Sub-Sector:

Industry Classification: CPC 9311, CPC 93192, CPC 93193

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Bulgaria reserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services.

Existing Measures:

Sector: Health services

Sub-Sector: Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services

Industry Classification: CPC 9312, part of 9319

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Bulgaria reserves the right to adopt or maintain any measure with respect to the supply of all health-related professional services, including medical and dental services, services provided by nurses, midwives, physiotherapists, paramedical personnel, as well as psychologist services.

Existing Measures:

Law for Medical Establishments
Professional Organisation of Medical Nurses, Midwives and Associated Medical Specialists Guild Act

Sector: Transport

Sub-Sector: Supporting services for road transport

Industry Classification: CPC 744

Type of Reservation: National treatment

Measures: Bulgarian Act for Road Transport, art. 6

Description:

Cross-Border Trade in Services
Establishment is required.

Existing Measures:

Sector: Water transport

Sub-Sector: Supporting services for water transport

Industry Classification: Part of CPC 741, part of CPC 742

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
In so far as Canada and its provinces and territories allow service suppliers from Bulgaria to supply cargo-handling services and storage and warehouse services in sea and river harbours, including services relating to containers and goods in containers, Bulgaria will allow services suppliers from Canada to supply cargo-handling services and storage and warehouse services in sea and river harbours, including services relating to containers and goods in containers under the same conditions.

Existing Measures:

Sector: Rail transport

Sub-Sector:

Industry Classification: CPC 7111, CPC 7112

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Measures that are taken under existing or future agreements, and which regulate traffic rights and operating conditions, and the supply of transport services in the territory of Bulgaria, the Czech Republic and Slovakia and between the countries concerned..

Existing Measures:

Sector: Road transport

Sub-Sector:

Industry Classification: CPC 7111, CPC 7112

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Measures taken under existing or future agreements, which reserve or restrict the supply of these kinds of transportation services and specify the terms and conditions of this supply, including transit permits or preferential road taxes, in the territory of Bulgaria or across the borders of Bulgaria.

Existing Measures:

Sector: Transport

Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services

Industry Classification: CPC 712

Type of Reservation:

National treatment
Market access

Description:

Investment and Cross-Border Trade in Services
For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of a Member State of the EU and to juridical persons of the EU having their headquarters in the EU.

Incorporation is required. Condition of nationality of a Member State of the EU for natural persons.

Existing Measures:

Reservations applicable in Croatia

Sector: Agriculture, hunting

Sub-Sector:

Industry Classification: ISIC rev 3.1 011, ISIC rev 3.1 012, ISIC rev 3.1 013, ISIC rev 3.1 014, ISIC rev 3.1 015, CPC 8811, CPC 8812, CPC 8813 other than advisory and consultancy services

Type of Reservation:

Market access
National treatment

Description:

Investment
Croatia reserves the right to adopt or maintain any measure with respect to agricultural and hunting activities.

Existing Measures:

Sector: Business services

Sub-Sector: Urban planning

Industry Classification: CPC 8674

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
Croatia reserves the right to adopt or maintain any measure with respect to the cross-border supply of urban planning.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87305

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Croatia reserves the right to adopt or maintain any measure with respect to security consultation services and guard services.

Existing Measures:

Sector: Other business services

Sub-Sector: Translation and interpretation services

Industry Classification: CPC 87905

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
Croatia reserves the right to adopt or maintain any measure with respect to the cross-border supply of translation and interpretation of official documents.

Existing Measures:

Sector: Transport services

Sub-Sector: Road transport services

Industry Classification: CPC 7111 and CPC 7112

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Measures applied under existing or future agreements on international road transport and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of transport services into, in, across and out of Croatia to the parties concerned.

Existing Measures:

Sector: Transport services

Sub-Sector: Services auxiliary to all modes of transport

Industry Classification: CPC 741, CPC 742, CPC 743, CPC 744, CPC 745, CPC 746, CPC 749

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Cross-Border Trade in Services
Croatia reserves the right to adopt or maintain any measure with respect to the cross-border supply of services auxiliary to transport other than freight transport agency services, transportation document preparation services and supporting services for road transport that are subject to permit.

Existing Measures:

Reservations applicable in Cyprus

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Cyprus reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Cyprus reserves the right to adopt or maintain any measure with regard to the supply of security services.

Existing Measures:

Sector: Education services

Sub-Sector:

Industry Classification: CPC 921, CPC 922, CPC 923, CPC 924

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Cyprus reserves the right to adopt or maintain any measure with respect to the supply of privately funded primary, secondary, higher, and adult education services.

Existing Measures:

Sector: Health services

Sub-Sector:

Hospital services
Ambulance services
Residential health services other than hospital services

Industry Classification: CPC 9311, CPC 93192, CPC 93193

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Cyprus reserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services.

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Cyprus reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.

Existing Measures:

Sector: Energy

Sub-Sector:

Industry Classification: ISIC rev 3.1 232, ISIC rev 3.1 4010, ISIC rev 3.1 4020, CPC 613, CPC 62271, CPC 63297, CPC 7131, CPC 742, and CPC 887 (other than advisory and consulting services)

Type of Reservation:

National treatment
Market access
Senior management and boards of directors
Performance requirements

Description:

Investment and Cross-Border Trade in Services
Cyprus reserves the right to adopt or maintain any measure limiting the cross-border supply of and requiring establishment for storage and warehousing services of fuels transported through pipelines, and the retail sales of fuel oil and bottled gas other than by mail order.

Cyprus reserves the right to adopt or maintain any measure with respect to the manufacture of refined petroleum products in so far as the investor is controlled by a natural or juridical person of a non-EU country which accounts for more than 5 per cent of the EU's oil or natural gas imports, as well as to the manufacture of gas, distribution of gaseous fuels through mains on own account, the production, transmission and distribution of electricity, the pipeline transportation of fuels, services incidental to electricity and natural gas distribution other than advisory and consulting services, wholesale services of electricity, retailing services of motor fuel, electricity and non-bottled gas.

Existing Measures:

The Regulating of the Electricity Market Laws of 2003 to 2008 (arts. 34(2) and 37)
The Regulating of the Gas Market Laws of 2004 to 2007
The Petroleum (Pipelines) Law, Chapter 273 of the Constitution of the Republic of Cyprus
The Petroleum Law L.64(I)/1975
The Petroleum and Fuel Specifications Laws of 2003 to 2009

Reservations applicable in the Czech Republic

Sector: Business services

Sub-Sector: Real estate services

Industry Classification: CPC 821, CPC 822

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
The Czech Republic reserves the right to adopt or maintain any measure with respect to the cross-border supply of real estate services.

Existing Measures:

Sector: Business services

Sub-Sector: Auction services

Industry Classification: part of CPC 612, part of CPC 621, part of CPC 625, part of 85990

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
Auction services in the Czech Republic 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.

Existing Measures:

Act no.455/1991 Coll., Trade Licence Act
Act no. 26/2000 Coll., on public auctions

Sector: Business services

Sub-Sector: Auditing services

Industry Classification: CPC 86211, CPC 86212 other than accounting services

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment
Only an enterprise in which at least 60 per cent of capital interests or voting rights are reserved to nationals of the Czech Republic or of the Member States of the EU may be authorised to carry out audits in the Czech Republic.

Existing Measures:

Law of 14 April 2009 no. 93/2009 Coll., on Auditors

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The Czech Republic reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.

The Czech Republic reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The Czech Republic reserves the right to adopt or maintain any measure with regard to the supply of security services.

Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.

Existing Measures:

Sector: Education services

Sub-Sector:

Industry Classification: CPC 921, CPC 922, CPC 923, CPC 924

Type of Reservation: Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
In the Czech Republic, the majority of the members of the board of directors of an establishment providing privately-funded education services must be nationals of the Czech Republic.

Existing Measures:

Sector: Health services

Sub-Sector:

Hospital services
Ambulance services
Residential health services other than hospital services

Industry Classification: CPC 9311, CPC 93192, CPC 93193

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
The Czech Republic reserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services.

Existing Measures:

Act No. 372/2011 Sb. on Health Care Services and Conditions of Their Provision

Sector: Health services

Sub-Sector: Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services

Other health-related services

Industry Classification: CPC 9312, part of CPC 9319

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
The Czech Republic reserves the right to adopt or maintain any measure with regard to the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, as well as other health-related services relating to the handling of human tissues, organs and cells intended for use in man.

Existing Measures:

Act No 296/2008 Coll., on Safeguarding the Quality and Safety of Human Tissues and Cells Intended for Use in Man ("Act on Human Tissues and Cells")

Act No 378/2007 Coll., on Pharmaceuticals and on Amendments to Some Related Acts (Act on Pharmaceuticals)

Act. 123/2000 Coll., on Medical Devices

Act. 285/2002 Coll., on the Donating, Taking and Transplanting of Tissues and Organs and on Amendment to Certain Acts (Transplantation Act)

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
The Czech Republic reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.

Existing Measures:

Sector: Rail transport

Sub-Sector:

Industry Classification: CPC 7111, CPC 7112

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Measures that are taken under existing or future agreements, and which regulate traffic rights and operating conditions, and the supply of transport services in the territory of Bulgaria, the Czech Republic and Slovakia and between the countries concerned.

Existing Measures:

Sector: Road transport

Sub-Sector:

Industry Classification: CPC 7121, CPC 7122, CPC 7123

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Measures that are taken under existing or future agreements, and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of  transport services into, in, across and out of the Czech Republic to the contracting parties concerned.

Existing Measures:

Reservations applicable in Denmark

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic cooperation, such as:

  1. financial support to research and development (R&D) projects (the Nordic Industrial Fund);
  2. funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and
  3. financial assistance to companiesFootnote 2 utilizing environmental technology (the Nordic Environment Finance Corporation).

This reservation is without prejudice to the exclusion of procurement by a Party, subsidies, or governmental support for trade in services in Arts. 8.15.5(a) and (b), and 9.2.2(f) and (g) respectively.

Existing Measures:

Sector:

Fishing
Aquaculture
Services incidental to fishing

Sub-Sector:

Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882

Type of Reservation:

Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Non-EU residents cannot own one-third or more of a business engaged in commercial fishing in Denmark.

Non-EU residents cannot own Danish flag vessels except through a company incorporated in Denmark.

For a company to register its vessel as a Danish fishing vessel, at least two-thirds of the owners of the company must be registered as fishermen having an "A" status fishing licence, or two-thirds of the shares of the company must be owned by another company which is entirely owned by fishermen having an "A" status licence.

To obtain an "A" status fishing licence, a natural person must have lived in Denmark for two years prior to the request to obtain a licence or hold Danish citizenship. These restrictions do not apply to persons within the EU or Member States of the EEA.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Denmark reserves the right to adopt or maintain any measure with regard to the supply of airport guard services.

In order to provide security services in Denmark, it is a requirement to be a national juridical person.

Existing Measures:

Sector: Financial services

Sub-Sector: Insurance

Type of Reservation:

Market access
National treatment
Cross-Border supply of financial services

Description:

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

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Denmark reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.

Existing Measures:

Reservations applicable in Estonia

Sector: All sectors

Sub-Sector: Acquisition of real estate

Industry Classification:

Type of Reservation: National treatment

Description:

Investment
Only a natural person who is an Estonian citizen or the citizen of a Member State of the EEA, or a legal person who is entered in the appropriate Estonian register, may acquire an immovable used for profit yielding land, the land use type categories of which include agricultural or forest land, and only with the authorisation of the county governor.

This reservation does not apply to the acquisition of agricultural or forest land for the purposes of providing a service which is liberalised under this agreement.

Existing Measures: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act) Chapters 2 and 3

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Estonia reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.

Estonia reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Estonia reserves the right to adopt or maintain any measure with regard to the supply of security services.

Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.

Existing Measures:

Sector: Financial services

Sub-Sector: Banking and other financial services (excluding insurance)

Type of Reservation:

Market access
National treatment
Cross-Border supply of financial services

Description:

Financial Services
For acceptance of deposits, requirement of authorisation by the Estonian Financial Supervision Authority and registration under Estonian law as a joint-stock company, a subsidiary or a branch.

Existing Measures: Krediidiasutuste seadus (Credit Institutions Act) § 20.6.

Sector: Transport

Sub-Sector:

Maritime transport
Road transport
Rail transport

Industry Classification: Part of CPC 711, part of CPC 712, part of CPC 721

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Estonia reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to existing or future bilateral agreements on international road transport (including combined transport-road or rail), reserving or limiting the supply of a transport services into, in, across and out of Estonia to the contracting Parties to vehicles registered in each contracting Party, and providing for tax exemption for such vehicles.

Existing Measures:

Reservations applicable in Finland

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Market access

Description:

Investment and Cross-Border Trade in Services
Restrictions on the right for natural persons, who do not enjoy regional citizenship in Åland, and for legal persons, to acquire and hold real property on the Åland Islands without obtaining permission from the competent authorities of the Åland Islands.

Restrictions on the right of establishment and right to carry out economic activities by natural persons, who do not enjoy regional citizenship in Åland, or by any enterprise, without obtaining permission from the competent authorities of the Åland Islands.

Existing Measures:

Ahvenanmaan maanhankintalaki (Act on land acquisition in Åland) (3/1975), s. 2
Ahvenanmaan itsehallintolaki (Act on the Autonomy of Åland) (1144/1991), s. 11

Sector: All services

Sub-Sector: Electronic identification services

Industry Classification:

Type of Reservation: Market access

Description:

Cross-Border Trade in Services
Finland reserves the right to require establishment in Finland, or elsewhere in the EEA in order to provide electronic identification services.

Existing Measures:

Laki vahvasta sähköisestä tunnistamisesta ja sähköisistä allekirjoituksista (Act on Strong Electronic Identification and Electronic Signatures) 617/2009

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic cooperation, such as:

  1. financial support to R&D projects (the Nordic Industrial Fund);
  2. funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and
  3. financial assistance to companiesFootnote 3 utilizing environmental technology (the Nordic Environment Finance Corporation).

This reservation is without prejudice to the exclusion of procurement by a Party, subsidies, or governmental support for trade in services in Arts. 8.15.5 (a) and (b), and 9.2.2 (f) and (g) respectively.

Existing Measures:

Sector: Manufacture of nuclear fuel, electricity, gas and water supply

Sub-Sector:

Nuclear based electricity generation
Processing of nuclear material and fuel
Transportation or handling of nuclear material

Industry Classification: ISIC rev 3.1 233, ISIC rev 3.1 40

Type of Reservation:

National treatment
Market access

Description:

Investment
Finland reserves the right to adopt or maintain any measure with respect to the processing, distribution or transportation of nuclear material and generation of nuclear-based energy.

Existing Measures: Ydinenergialaki (Nuclear Energy Act) (990/1987)

Sector: Business services

Sub-Sector:

Executive search
Placement services of office support personnel and other workers
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

National treatment
Market access
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.

Finland reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel and other workers.

Existing Measures: Laki julkisesta työvoima- ja yrityspalvelusta (Act on Public Employment and Enterprise Service) (916/2012)

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

National treatment
Market access

Description:

Cross-Border Trade in Services
The supply of security services by a foreign provider on a cross-border basis is not allowed.

Licences to provide security services may be granted only to natural persons resident in the EEA or juridical persons established in the EEA.

Existing Measures: Laki yksityisistä turvallisuuspalveluista (Private Security Services Act) 282/2002

Sector: Distribution services

Sub-Sector: Distribution of alcoholic beverages

Industry Classification: Part of CPC 62112, CPC 62226, CPC 63107, CPC 8929

Type of Reservation:

National treatment
Market access
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with respect to the distribution of alcoholic beverages.

Existing Measures: Alkoholilaki (Alcohol Act) (1143/1994)

Sector: Distribution services

Sub-Sector: Distribution of pharmaceutical products

Industry Classification: CPC 62117, CPC 62251, CPC 63211, CPC 8929

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with regard to distribution of pharmaceutical products.

Existing Measures: Lääkelaki (Medicine Act) (395/1987)

Sector: Energy

Sub-Sector:

Transmission and distribution networks and systems Importation, wholesale and retail of electricity
Production and distribution of gas, steam and hot water

Industry Classification: ISIC rev 3.1 40, CPC 7131, CPC 887 (other than advisory and consultancy services)

Type of Reservation:

Market access
National treatment
Senior management and boards of directors
Performance requirements

Description:

Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with regard to transmission and distribution networks and systems of energy and of steam and hot water.

Finland reserves the right to prevent control or ownership of a liquefied natural gas (LNG) terminal (including those parts of the LNG terminal used for storage or re-gasification of LNG) by foreign persons or enterprises for energy security reasons.

Finland reserves the right to adopt or maintain any measure with regard to the importation, wholesale and retail of electricity.

Finland reserves the right to adopt or maintain quantitative restrictions in the form of monopolies or exclusive rights for the importation of natural gas, and for the production and distribution of steam and hot water.

Currently, natural monopolies and exclusive rights exist.

Existing Measures:

Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000)
Sähkömarkkinalaki (Electricity Market Act) (386/1995)

Sector: Education services

Sub-Sector:

Industry Classification: CPC 921, CPC 922, CPC 923, CPC 924

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with respect to the supply of privately funded primary, secondary, higher, and adult education services.

Existing Measures:

Perusopetuslaki (Basic Education Act) (628/1998)
Lukiolaki (General Upper Secondary Schools Act) (629/1998)
Laki ammatillisesta koulutuksesta (Vocational Training and Education Act) (630/1998)
Laki ammatillisesta aikuiskoulutuksesta (Vocational Adult Education Act) (631/1998)
Ammattikorkeakoululaki (Polytechnics Act) (351/2003)
Yliopistolaki (Universities Act) (558/2009)

Sector: Health services

Sub-Sector:

Hospital services
Ambulance services
Residential health services other than hospital services
Other human health services

Industry Classification: CPC 9311, CPC 93192, CPC 93193, CPC 93199

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Finland reserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, residential health services other than hospital services, and other human health services.

Existing Measures: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990)

Sector: Health services

Sub-Sector: Health-related professions: medical and dental services, services provided by midwives, physiotherapeutic and para-medical services, services provided by psychologists

Industry Classification: CPC 9312, CPC 93191

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with respect to the supply of all health-related professional services, whether publicly or privately funded, including medical and dental services, services provided by midwives, physiotherapists and paramedical personnel, and services provided by psychologists. This reservation does not apply to services provided by nurses.

Existing Measures: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990)

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Finland reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.

Existing Measures: Laki yksityisistä sosiaalipalveluista (Private Social Services Act) (922/2011).

Sector: Financial services

Sub-Sector: Insurance and insurance-related services

Industry Classification:

Type of Reservation:

National treatment
Market access
Cross-Border supply of financial services
Senior management and boards of directors

Description:

Financial Services
The supply of insurance broker services is subject to a permanent place of business in the EU.

Only insurers having a head office in the EU or having a branch in Finland may offer direct insurance services, including co-insurance.

At least one half of the members of the board of directors and the supervisory board, the managing director of an insurance company providing statutory pension insurance shall have their place of residence in the EEA, unless the competent authorities have granted an exemption. Foreign insurers cannot obtain a licence in Finland as a branch to carry on statutory pension insurance. At least one auditor shall have his permanent residence in the EEA.

For other insurance companies, residency in the EEA is required for at least one member of the board of directors and the supervisory board and the managing director. At least one auditor shall have his permanent residence in the EEA.

The general agent of an insurance company of Canada must have his place of residence in Finland, unless the company has its head office in the EU.

Existing Measures:

Laki ulkomaisista vakuutusyhtiöistä (Act on Foreign Insurance Companies) (398/1995)
Vakuutusyhtiölaki (Insurance Companies Act) (521/2008)
Laki vakuutusedustuksesta (Act on Insurance Mediation) (570/2005)
Laki työeläkevakuutusyhtiöistä (Act on Companies providing statutory pension insurance) (354/1997)

Sector: Financial services

Sub-Sector: Banking and other financial services

Industry Classification:

Type of Reservation:

National treatment
Senior management and boards of directors
Cross-Border supply of financial services

Description:

Financial Services
At least one of the founders, the members of the board of directors, the supervisory board, the managing director of banking services providers and the person entitled to sign the name of the credit institution shall have their permanent residence in the EEA. At least one auditor shall have his permanent residence in the EEA.

For payment services, residency or domicile in Finland may be required.

Existing Measures:

Laki liikepankeista ja muista osakeyhtiömuotoisista luottolaitoksista (Act on Commercial Banks and Other Credit Institutions in the Form of a Limited Company) (1501/2001)

Säästöpankkilaki (1502/2001) (Savings Bank Act)

Laki osuuspankeista ja muista osuuskuntamuotoisista luottolaitoksista (1504/2001) (Act on Cooperative Banks and Other Credit Institutions in the Form of a Cooperative Bank)

Laki hypoteekkiyhdistyksistä (936/1978) (Act on Mortgage Societies)

Maksulaitoslaki (297/2010) (Act on Payment Institutions)

Laki ulkomaisen maksulaitoksen toiminnasta Suomessa (298/2010) (Act on the Operation of Foreign Payment Institution in Finland)

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

Sector: Transport

Sub-Sector: Passenger or freight transport by rail

Industry Classification: CPC 7111, CPC 7112

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
Finland reserves the right to adopt or maintain any measure with respect to cross-border supply of rail transport.

With regard to establishment of rail passenger transport services, currently, there are exclusive rights (granted to VR-Group Ltd that is 100 per cent owned by the State) until 2017 in Helsinki Metropolitan Area and elsewhere until 2019 in this field, which may be renewed.

Existing Measures: Rautatielaki (Railway Act) (304/2011)

Sector:

Fishing
Aquaculture
Services incidental to fishing

Sub-Sector:

Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882

Type of Reservation:

National treatment
Market access

Description:

Investment
Commercial fishing can only be exercised by vessels flying the flag of Finland. Additional requirements may apply, which relate, inter alia, to ownership of the vessel and the existence of a sufficient connection to the fishing industry of Finland.

Existing Measures:

Merilaki (Maritime Act) 674/1994
Kalastuslaki (Fishing Act) 286/1982
Laki merellä toimivien kalastus- ja vesiviljelyalusten rekisteröinnistä (Act on Registration of Sea-going vessels engaged in Fishing and Aquaculture) 690/2010

Sector: Transport

Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services

Industry Classification: CPC 712

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
Authorisation is required to provide road transport services, which is not extended to foreign registered vehicles.

Existing Measures:

Laki kaupallisista tavarankuljetuksista tiellä (Act on Commercial Road Transport) 693/2006
Ajoneuvolaki (Vehicles Act) 1090/2002

Sector: Transport

Sub-Sector:

Maritime transport
Road transport
Rail transport

Industry Classification: Part of CPC 711, part of CPC 712, part of CPC 721

Type of Reservation:

Most-favoured-nation treatment
Obligations

Description:

Investment, Cross-Border Trade in Services and International Maritime Transport Services
Finland reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to existing or future bilateral agreements exempting vessels registered under the foreign flag of a specified other country or foreign registered vehicles from the general prohibition from providing cabotage transport (including combined transport, road and rail) in Finland on the basis of reciprocity.

Existing Measures:

Reservations applicable in France

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Types of establishment - Pursuant to arts. L151-1 and R153-1 of the financial and monetary code, foreign investments in France in sectors listed in art. R153-2 of the financial and monetary code are subject to prior approval from the Minister for the Economy.

Existing Measures: Financial and monetary code, arts. L151-1, R153-1

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Senior management and boards of directors

Measures:

Description:

Investment
Types of establishment - France reserves the right to limit foreign participation in newly privatised companies to a variable amount, determined by the government of France on a case by case basis, of the equity offered to the public.

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

Existing Measures:

Sector:

Fishing
Aquaculture
Services incidental to fishing

Sub-Sector:

Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882

Type of Reservation:

National treatment
Market access

Description:

Investment
Nationals of non-EU countries cannot participate in French maritime State property for fish, shellfish or algae farming.

Existing Measures:

Sector: Business services

Sub-Sector:

Placement services
Supply services of office support personnel

Industry Classification: CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
France reserves the right to restrict the number of suppliers of placement services. These services are subject to a state monopoly.

France reserves the right to require establishment and to prohibit the cross-border supply of supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The supply of security services by a foreign provider on a cross-border basis is not allowed.

Nationality requirement for managing directors and directors.

Existing Measures:

Sector: Financial services

Sub-Sector: Insurance

Type of Reservation: Cross-Border supply of financial services

Description:

Financial Services
Insurance of risks relating to ground transport may be underwritten only by insurance firms established in the EU.

Existing Measures: Art. L 310-10 du code des assurances

Sector: Health services

Sub-Sector: Laboratory analysis and testing

Industry Classification: Part of CPC 9311

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
France reserves the right to adopt or maintain any measure with regard to the supply of privately funded laboratory analysis and testing services.

Existing Measures: Art. L 6213-1 à 6213-6 du Code de la Santé Publique

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
France reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.

Sector: Tourism and travel related services

Sub-Sector: Tourist guides services

Industry Classification: CPC 7472

Type of Reservation: National treatment

Description:

Cross-Border Trade in Services
France reserves the right to require nationality of a Member State of the EU for the supply of tourist guide services in its territory.

Existing Measures: None

Sector: News and press agency services

Sub-Sector:

Industry Classification: CPC 962

Type of Reservation:

Market access
National treatment

Description:

Investment
Foreign participation in existing companies publishing publications in the French language may not exceed 20 per cent of the capital or of voting rights in the company.

Establishment of press agencies of Canada is subject to conditions set out in domestic regulation.

Establishment of press agencies by foreign investors is subject to reciprocity.

Existing Measures:

Ordonnance n° 45-2646 du 2 novembre 1945 portant règlementation provisoire des agences de presse
Loi n° 86-897 du 1 août 1986 portant réforme du régime juridique de la presse

Sector: Energy

Sub-Sector:

Electricity and gas transmission systems
Oil and gas pipeline transport

Industry Classification: ISIC rev 3.1 401, ISIC rev 3.1 402, CPC 7131, CPC 887

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
France reserves the right to adopt or maintain any measure with regard to electricity and gas transmission systems and oil and gas pipeline transport.

Only companies where 100 per cent of the capital is held by the French State, by another public sector organisation or by EDF, may own and operate electricity transmission or distribution systems.

Only companies where 100 per cent of the capital is held by the French State, by another public sector organisation or by GDF-Suez, may own and operate gas transmission or distribution systems for reasons of national energy security.

Existing Measures:

Loi N° 2004-803 du 9 août 2004 relative au service public de l'électricité et du gaz et aux entreprises électriques et gazières
Loi N°2005-781 du 13 juillet 2005
Loi N°2000-108 du 10 février 2000

Sector: Production of electricity

Industry Classification: ISIC rev 3.1 4010

Type of Reservation: Market access

Description:

Investment
France reserves the right to adopt or maintain any measure with respect to the production of electricity.

Existing Measures:

Sector: Manufacturing, production, processing, generation, distribution or transportation of nuclear material

Sub-Sector:

Nuclear based electricity generation
Processing of nuclear material and fuel
Transportation or handling of nuclear material

Industry Classification: ISIC rev 3.1 12, ISIC rev 3.1 23, ISIC rev 3.1 40, ISIC rev 3.1 1200, ISIC rev 3.1 2330, part of ISIC rev 3.1 4010

Type of Reservation:

Market access
National treatment

Description:

Investment
The manufacturing, production, processing, generation, distribution or transportation of nuclear material must respect the obligations of the Euratom-Canada agreement.

Existing Measures:

Sector: Rental or leasing services without operators

Sub-Sector: Other rental or leasing services without operators

Industry Classification: CPC 832

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
France reserves the right to adopt or maintain any measure with regard to the supply of other rental or leasing services without operator.

Existing Measures:

Sector: Transport

Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services

Industry Classification: CPC 712

Type of Reservation:

Market access
National treatment

Description:

Investment
Foreign investors are not allowed to provide intercity bussing services.

Existing Measures:

Reservations applicable in Germany

Sector:

Fishing
Aquaculture
Services incidental to fishing

Sub-Sector:

Industry Classification: ISIC rev 3.1 0501, 0502, CPC 882

Type of Reservation:

National treatment
Market access
Senior management and boards of directors

Description:

Investment
The majority of shares must be owned by citizens of a Member State of the EU or companies established in accordance with EU rules and that have their principal place of business in a Member State of the EU. The use of the vessels must be headed and supervised by persons residing in Germany.

In order to obtain a fishing licence, all fishing vessels must register with the relevant coastal states in which the ships have their home ports.

Existing Measures:

Sector: Environmental services

Sub-Sector: Waste management: sewage, refuse disposal, and sanitation services

Industry Classification: CPC 9401, CPC 9402, CPC 9403

Type of Reservation: Market access

Description:

Investment and Cross-Border Trade in Services
Germany reserves the right to adopt or maintain any measure prohibiting the cross-border supply of services and requiring establishment with respect to the supply of waste management services, other than advisory services.

Germany reserves the right to adopt or maintain any measure relating to the designation, establishment, expansion, or operation of monopolies or exclusive services suppliers providing waste management services.

Existing Measures:

Sector: Environmental services

Sub-Sector: Soil management

Industry Classification: CPC 94060

Type of Reservation: Market access

Description:

Investment and Cross-Border Trade in Services
Germany reserves the right to adopt or maintain any measure prohibiting the cross-border supply of services and requiring establishment with respect to services relating to the protection of soil and the management of contaminated soils, other than advisory services.

Germany reserves the right to adopt or maintain any measure relating to the designation, establishment, expansion, or operation of monopolies or exclusive services suppliers providing soil management and protection services.

Existing Measures:

Sector: Financial services

Sub-Sector: Insurance

Type of Reservation:

Market access
National treatment
Cross-Border supply of financial services

Description:

Financial Services
Compulsory air insurance policies can be underwritten only by a subsidiary established in the EU or by a branch established in Germany.

Existing Measures: §§ 105 ff "Versicherungsaufsichtsgesetz" (VAG), insbesondere § 105 Abs. 2 VAG: "Versicherungsunternehmen eines Drittstaates, die im Inland das Erst- oder Rückversicherungsgeschäft durch Mittelspersonen betreiben wollen, bedürfen der Erlaubnis."

Sector: Financial services

Sub-Sector: Insurance

Type of Reservation:

Market access
National treatment
Cross-Border supply of financial services

Description:

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

Existing Measures: § 43 Abs. 2 Luftverkehrsgesetz (LuftVG) und § 105 Abs. 1 Luftverkehrszulassungsordnung (LuftVZO)

Sector: Other business services

Sub-Sector: Placement and supply services of personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203, CPC 87204, CPC 87205, CPC 87206, CPC 87209

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
Germany reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services.

Germany reserves the right to restrict the number of suppliers of placement services. Authorisation is subject to an economic needs test. Main criteria: situation and development of the labour market.

Germany reserves the right to introduce or maintain a monopoly of the Federal Labour Agency (Bundesagentur für Arbeit). Pursuant to Sec. 292 Social Code Book III (Drittes Buch Sozialgesetzbuch – SGB III), the Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of extra-EU and extra-EEA personnel for specified professions.

Existing Measures: § 292 Social Code Book III (Drittes Buch Sozialgesetzbuch)

Sector: Health and social services

Sub-Sector:

Industry Classification: CPC 93

Type of Reservation:

Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Germany reserves the right to adopt or maintain any measure with regard to the supply of the Social Security System of Germany, where services may be provided by different companies or entities involving competitive elements which are thus not "Services carried out exclusively in the exercise of governmental authority". Germany reserves the right to accord better treatment in the context of a bilateral trade agreement with regard to the supply of health and social services.

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Germany reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.

Germany reserves the right to adopt or maintain any measure regarding the Social Security System of Germany, where services are provided by different companies or entities involving competitive elements and might therefore not fall under the definition of the "Services carried out exclusively in the exercise of governmental authority".

Existing Measures:

Sector: Health services

Sub-Sector: Hospital services

Industry Classification: CPC 93110

Type of Reservation:

Market access
National treatment

Description:

Investment
Germany reserves the right to maintain national ownership of privately funded hospitals run by the German Forces. Germany reserves the right to nationalise other key privately funded hospitals.

Existing Measures:

Sector: Recreational, cultural and sporting services

Sub-Sector:

Entertainment services, including theatre, live bands and circus services
Libraries, archives and museums and other cultural services

Industry Classification: CPC 96, other than CPC 962 and CPC 964 and audiovisual services

Type of Reservation:

Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Germany reserves the right to adopt or maintain any measure prohibiting the cross-border supply of services irrespective of their mode of production, distribution, or transmission and requiring establishment with respect to entertainment services, with the exception of audiovisual services which are not subject to liberalisation under this agreement.

Germany reserves the right to adopt or maintain any measure with respect to the supply of libraries, archives, museums and other cultural services.

Existing Measures:

Sector: Energy

Sub-Sector:

Nuclear-based electricity generation
Processing of nuclear material and fuel
Transportation or handling of nuclear material

Industry Classification: ISIC rev 3.1 120, ISIC rev 3.1 40, CPC 887.

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Germany reserves the right to adopt or maintain any measure with respect to the processing or transportation of nuclear material and generation of nuclear-based energy.

Existing Measures:

Sector: Rental or leasing of vessels

Sub-Sector:

Industry Classification: CPC 7213, CPC 7223, CPC 83103

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Chartering-in of foreign ships by consumers resident in Germany may be subject to a condition of reciprocity.

Existing Measures:

Sector: Other services not included elsewhere

Sub-Sector: Funeral, cremation and undertaking services

Industry Classification: CPC 9703

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:
Investment and Cross-Border Trade in Services

Germany reserves the right to adopt or maintain any measure with respect to funeral, cremation and undertaking services. Only juridical persons established under public law may operate a cemetery. The creation and operation of cemeteries and services related to funerals are carried out as governmental services.

Existing Measures:

Reservations applicable in Greece

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Greece reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.

Existing Measures:

Reservations applicable in Hungary

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment
Hungary reserves the right to adopt or maintain any measure with respect to the acquisition of state-owned properties.

Existing Measures:

Sector: All sectors

Sub-Sector: Legal entities

Industry Classification:

Type of Reservation: Market access

Measures:

Description:

Investment
Commercial presence should take a form of limited liability company, joint-stock company or representative office. Initial entry as a branch is not permitted except for financial services.

Existing Measures:

Sector: All sectors

Sub-Sector: Acquisition of arable land

Industry Classification:

Type of Reservation:

National treatment
Market access

Description:

Investment
Hungary reserves the right to adopt or maintain any measure with regard to the acquisition of arable land by foreign legal persons and non-resident natural persons, including with regard to the authorisation process for the acquisition of arable land.

Existing Measures:

Act CXXII of 2013 concerning agricultural and forestry land trade
Act CCXII of 2013 laying down certain provisions and transition rules in connection with Act No CXXII of 2013 concerning agricultural and forestry land trade

Sector: Agriculture

Sub-Sector:

Industry Classification: ISIC rev 3.1 011, ISIC rev 3.1 012, ISIC rev 3.1 013, ISIC rev 3.1 014, ISIC rev 3.1 015 other than advisory and consultancy services

Type of Reservation:

Market access
National treatment

Description:

Investment
Hungary reserves the right to adopt or maintain any measures with respect to agricultural activities.

Existing Measures:

Sector: Business services

Sub-Sector: Accounting, bookkeeping and auditing services

Industry Classification: CPC 86211, CPC 86212, CPC 86220

Type of Reservation: Market access

Description:

Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure with respect to cross-border activities for accounting, bookkeeping and auditing services.

Existing Measures: Act C of 2000, Act LXXV of 2007

Sector: Business services

Sub-Sector: Real estate services

Industry Classification: CPC 821, CPC 822

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure with respect to the cross-border supply of real estate services.

Existing Measures:

Sector: Business services

Sub-Sector:

Services incidental to manufacturing
Services incidental to energy distribution

Industry Classification: Part of CPC 884, CPC 887 other than advisory and consulting services

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure with respect to services incidental to energy distribution, and to the cross-border supply of services incidental to manufacturing, with the exception of advisory and consulting services relating to these sectors.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87304, CPC 87305

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure with regard to the supply of armoured car services and guard services.

Existing Measures:

Sector: Business services

Sub-Sector: Duplicating services

Industry Classification: CPC 87904

Type of Reservation: Market access

Description:

Cross-Border Trade in services
Hungary reserves the right to require establishment for the supply of duplicating services.

Existing Measures:

Sector: Financial services

Sub-Sector: Insurance

Type of Reservation:

Market access
National treatment
Cross-Border supply of financial services

Description:

Financial Services
The supply of direct insurance in the territory of Hungary by insurance companies not established in the EU is allowed only through a branch office registered in Hungary.

Existing Measures: Act LX of 2003

Sector: Health services

Sub-Sector: Hospital, ambulance and residential health services other than hospital services

Industry Classification: CPC 9311, CPC 93192, CPC 93193

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure requiring the establishment or physical presence in its territory of suppliers and restricting the cross-border supply from outside its territory of all hospital, ambulance, and residential health services other than hospital services, which receive public funding.

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Hungary reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services

Existing Measures:

Sector:
Recreational, cultural and sporting agencies

Sub-Sector: News and press agencies services

Industry Classification: CPC 962

Type of Reservation: Market access

Description:

Cross-Border Trade in Services
Hungary reserves the right to adopt or maintain any measure with respect to the supply of news and press agencies services.

Existing Measures: None

Sector: Manufacturing of electricity, gas and water supply

Sub-Sector:

Nuclear based electricity generation
Processing of nuclear fuel

Industry Classification: ISIC rev 3.1 2330, part of ISIC rev 3.1 4010

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Hungary reserves the right to adopt or maintain any measure with respect to the processing of nuclear fuel and nuclear-based electricity generation.

Existing Measures: Act CXVI of 1996 on Nuclear Energy, Government Decree Nr. 72/2000 on Nuclear Energy

Sector: Energy services

Sub-Sector: Pipeline transportation of fuels

Industry Classification: CPC 7131

Type of Reservation: Market access

Description:

Investment and Cross-Border Trade in Services
The supply of pipeline transport services requires establishment.

Services may be provided through a Contract of Concession granted by the state or the local authority. The supply of this service is regulated by the Hungarian Concession Law.

Existing Measures: Act XVI of 1991 about Concessions

Reservations applicable in Ireland

Sector: Business services

Sub-Sector:

Executive search
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Cross-Border Trade in Services
Ireland reserves the right to require establishment and to prohibit the cross-border supply of executive search services.

Ireland reserves the right to require establishment and to prohibit the cross-border supply of supply services of office support personnel.

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Ireland reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.

Existing Measures:

Sector: Transport

Sub-Sector: Road transport: passenger transportation

Industry Classification: CPC 7121, CPC 7122

Type of Reservation: Market access

Description:

Investment
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.

Existing Measures: Public Transport Regulation Act 2009

Reservations applicable in Italy

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment

Description:

Investment
The Government may exercise certain special powers in enterprises operating in the areas of defence and national security, and in certain activities of strategic importance in the areas of energy, transport and communications. This relates to all juridical persons carrying out activities considered of strategic importance in the areas of defence and national security, not only to privatised companies.

Where there is a threat of serious injury to the essential interests of defence and national security, the Government has following special powers:

  1. to impose specific conditions in the purchase of shares;
  2. to veto the adoption of resolutions relating to special operations such as transfers, mergers, splitting up, and changes of activity; or
  3. to reject the acquisition of shares, where the buyer seeks to hold a level of participation in the capital that is likely to prejudice the interests of defence and national security.

Any resolution, act and transaction (transfers, mergers, splitting up, change of activity, termination) relating to strategic assets in the areas of energy, transport and communications shall be notified by the concerned company to the Prime Minister's office. In particular, acquisitions by any physical or juridical person outside the EU that give this person control over the company shall be notified.

The Prime Minister may exercise the following special powers:

  1. to veto any resolution, act and transaction that constitutes an exceptional threat of serious injury to the public interest in the security and operation of networks and supplies;
  2. to impose specific conditions in order to guarantee the public interest; or
  3. to reject an acquisition in exceptional cases of risk to the essential interests of the State.

The criteria on which to evaluate the real or exceptional threat and conditions and procedures for the exercise of the special powers are laid down in the law.

Existing Measures:

Law 56/2012 on special powers in companies operating in the field of defence and national security, energy, transport and communications

Decree of the Prime Minister DPCM 253 of 30.11.2012 defining the activities of strategic importance in the field of defence and national security

Sector:

Fishing
Aquaculture
Services incidental to fishing

Sub-Sector:

Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
Fishing in Italian territorial waters is reserved to Italian flagged vessels.

Existing Measures: Royal Decree 327/1942 (modified with Law 222/2007), arts. 143, 221 (Navigation Code)

Sector: Business services

Sub-Sector:

Placement services
Supply services of office support personnel

Industry Classification: CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Italy reserves the right to require establishment and to prohibit the cross-border supply of supply services of office support personnel.

Italy reserves the right to restrict the number of suppliers of placement services and supply services of office support personnel.

Existing Measures: Legislative Decree 276/2003 arts. 4, 5

Sector: Education services

Sub-Sector:

Primary education services
Secondary education services
Higher education services

Industry Classification: CPC 921, CPC 922, CPC 923

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
Italy reserves the right to require establishment and to restrict the cross-border supply of privately funded primary and secondary education services.

Existing Measures:

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)
Decree of the President of the Republic (DPR) 25/1998

Sector: Financial services

Sub-Sector: Banking and other financial services (except insurance)

Type of Reservation:

Market access
National treatment
Cross-Border supply of financial services

Description:

Financial Services
Italy reserves the right to adopt or maintain any measure relating to the activities of "promotori di servizi finanziari".

Existing Measures: Arts. 91-111 of Consob Regulation on Intermediaries (no. 16190 of 29 October 2007)

Sector: Financial services

Sub-Sector: Insurance

Type of Reservation: Cross-Border supply of financial services

Description:

Financial Services
Transport insurance of goods, insurance of vehicles as such and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the EU, except for international transport involving imports into Italy.

Existing Measures: Art. 29 of the code of private insurance (Legislative decree no. 209 of 7 September 2005)

Sector: Financial services

Sub-Sector: Insurance

Type of Reservation: Cross-Border supply of financial services

Description:

Financial Services
Italy reserves the right to adopt or maintain any measure requiring establishment and limiting the cross-border supply of actuarial services.

Existing Measures: Law 194/1942 on the actuarial profession

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Italy reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.

Existing Measures:

Law 833/1978 Institution of the public health system
Legislative Decree 502/1992 Organisation and discipline of the health field
Law 328/2000 Reform of social services

Sector: Transport

Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services

Industry Classification: CPC 712

Type of Reservation: Market access

Description:

Investment
An economic needs test is applied to limousine services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment.

An economic needs test is applied to 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.

An economic needs test is applied to the supply of freight transportation services. Main criteria: local demand.

Existing Measures:

Legislative decree 285/1992 (Road Code and subsequent amendments) art. 85
Legislative Decree 395/2000 art. 8 (road transport of passengers)
Law 21/1992 (Framework law on non-scheduled public road transport of passengers)
Law 218/2003 art. 1 (transport of passenger through rented buses with driver)
Law 151/1981 (framework law on public local transport)

Reservations applicable in Latvia

Sector: All sectors

Sub-Sector: Acquisition of rural land

Industry Classification:

Type of Reservation:

National treatment
Market access

Description:

Investment
Latvia reserves the right to adopt or maintain any measure with regard to the acquisition of rural land by nationals of Canada or of a third country, including with regard to the authorisation process for the acquisition of rural land.

Existing Measures: Law on land privatisation in rural areas, ss. 28, 29, 30.

Sector: Veterinary services

Sub-Sector:

Industry Classification: CPC 932

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
Latvia reserves the right to adopt or maintain any measure relating to the cross-border supply of veterinary services.

Existing Measures:

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Latvia reserves the right to adopt or maintain any measure with regard to the supply of executive search services, placement services, and supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Latvia reserves the right to adopt or maintain any measure with regard to the supply of security services.

Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.

Existing Measures:

Sector: Transport

Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services

Industry Classification: CPC 712

Type of Reservation:

Market access
National treatment

Description:

Investment
For passenger and freight transportation services, an authorisation is required, which is not extended to foreign registered vehicles.

Established entities are required to use nationally registered vehicles.

Existing Measures:

Reservations applicable in Lithuania

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Lithuania reserves the right to adopt or maintain any measure with respect to enterprises of strategic importance to national security which must belong to the State by the right of ownership (proportion of capital which may be held by private national or foreign persons conforming to national security interests, procedure and criteria for determination of conformity of potential national investors and potential enterprise participants, etc.).

Existing Measures: Law on Enterprises and Facilities of Strategic Importance for National Security and Other Enterprises of Importance to Ensuring National Security of the Republic of Lithuania of 21 July 2009 No. XI-375.

Sector: All sectors

Sub-Sector: Purchase of land

Industry Classification:

Type of Reservation:

National treatment
Market access

Description:

Investment and Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure which is consistent with the commitments taken by the EU and which are applicable in Lithuania in the General Agreement on Trade in Services (GATS) with respect to land acquisition. The land plot acquisition procedure, terms and conditions, as well as restrictions shall be established by the Constitutional Law, the Law on Land and the Law on the Acquisition of Agricultural Land.

However, local governments (municipalities) and other national entities of Members of the Organisation for Economic Co-operation and Development and North Atlantic Treaty Organization conducting economic activities in Lithuania, which are specified by the constitutional law in compliance with the criteria of European and other integration which Lithuania has embarked on, are permitted to acquire into their ownership non-agricultural land plots required for the construction and operation of buildings and facilities necessary for their direct activities.

Existing Measures:

Constitution of the Republic of Lithuania

The Constitutional Law of the Republic of Lithuania on the Implementation of Paragraph 3 of Art. 47 of the Constitution of the Republic of Lithuania of 20 June 1996, No. I-1392 as last amended 20 March 2003, No. IX-1381

Law on land, of 27 January 2004, No. IX-1983

Law on acquisition of agricultural land of 24 April 2014, No. XII-854

Sector: Business services

Sub-Sector: Legal services

Industry Classification: Part of CPC 861

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Attorneys from foreign countries can participate as advocates in court only in accordance with bilateral agreements on legal assistance.

Existing Measures:

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure with regard to the supply of executive search services, placement services, and supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure with regard to the supply of security services.

Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.

Existing Measures:

Sector: Business services

Sub-Sector: Investigation services

Industry Classification: CPC 87301

Type of Reservation: Market access

Description:

Investment
In Lithuania, investigation services are a monopoly reserved to the State.

Existing Measures:

Sector: Tourism and travel-related services

Sub-Sector: Tourist guides services

Industry Classification: CPC 7472

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
In so far as Canada and its provinces and territories allow nationals of Lithuania to provide tourist guide services, Lithuania will allow nationals of Canada to provide tourist guide services under the same conditions.

Existing Measures:

Sector: Telecommunications

Sub-Sector:

Industry Classification:

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
State Enterprise "Infostruktura" has exclusive rights to provide the following services: data transmission through secure state data transmission networks, granting of internet addresses ending "gov.lt", certification of electronic cash-registers.

Existing Measures: Government Resolution of 28 May 2002 No.756 On the approval of the standard procedure for setting prices and tariffs of goods and services of a monopolistic nature provided by state owned enterprises and public institutions established by ministries, governmental institutions and county governors and assigned to them.

Sector: Construction services

Sub-Sector:

Industry Classification: CPC 51

Type of Reservation: Market access

Measures: Law on Construction of Republic of Lithuania of 19 March 1996 No. I-1240

Description:

Cross-Border Trade in Services
The right to prepare design documentation for construction works of exceptional significance is only given to a design enterprise registered in Lithuania, or a foreign design enterprise which has been approved by an institution authorised by the Government for such activities. The right to perform technical activities in the main areas of construction may be granted to a non-Lithuanian person who has been approved by an institution authorised by the Government of Lithuania.

Existing Measures: Law on Construction of Republic of Lithuania of 19 March 1996 No. I-1240

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation: Market access

Description:

Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure with regard to the cross-border supply of all social services which receive public funding or State support in any form, and are therefore not considered to be privately funded.

Existing Measures:

Sector: Financial services

Sub-Sector: Banking and other financial services (excluding insurance)

Industry Classification:

Type of Reservation:

Market access
Senior management and boards of directors
National Treatment

Measures:

Law on Banks of the Republic of Lithuania of 30 March 2004 No IX-2085
Law on Collective Investment Undertakings of the Republic of Lithuania of 4 July 2003 No IX-1709
Law on Supplementary Voluntary Pension Accumulation of the Republic of Lithuania of 3 June 1999 No VIII-1212

Description:

Financial Services
For the purpose of asset management, incorporation as a specialised management company (no branches) is required.

Only banks having their registered office or branch in Lithuania may act as the depositories of the assets of investment fund.

Only banks having their registered office or branch in Lithuania and authorised to provide investment services in the Member States of the EU or in the Member States of the EEA may act as the depositories of the assets of pension funds.

At least one head of a bank's administration must speak the Lithuanian language and permanently reside in Lithuania.

Existing Measures:

Sector: Energy services

Sub-Sector: Pipeline transportation of fuels

Industry Classification: CPC 7131

Type of Reservation: Market access

Description:

Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure with respect to pipeline transportation of fuels.

Existing Measures: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973

Sector: Energy

Sub-Sector: Storage and warehouse services of fuels transported through pipelines

Industry Classification: ISIC rev 3.1 402, CPC 742

Type of Reservation: Market access

Description:

Cross-Border Trade in Services
Lithuania reserves the right to adopt or maintain any measure with respect to services auxiliary to pipeline transport of goods other than fuel.

Existing Measures: Law On Natural Gas of the Republic of Lithuania 10 October 2000 No VIII-1973 (Art 10.8)

Sector:

Business services
Auxiliary services to maritime, internal waterways, rail and air transport

Sub-Sector: Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof

Industry Classification: CPC 86764, CPC 86769, part of CPC 8868

Type of Reservation: Market access

Description:

Investment
In Lithuania, maintenance and repair services of rail transport equipment are subject to a state monopoly.

Existing Measures:

Sector: Road transport

Sub-Sector:

Industry Classification: CPC 7121, CPC 7122, CPC 7123

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Measures that are taken under bilateral agreements and which set the provisions for transport services and specify operating conditions, including bilateral transit and other transport permits for transport services in, into, through and out of the territory of Lithuania to the contracting parties concerned, and road taxes and levies.

Existing Measures:

Reservations applicable in Malta

Sector:

Fishing
Aquaculture
Services incidental to fishing

Sub-Sector:

Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1  0502, CPC 882

Type of Reservation:

Market access
National treatment

Description:

Investment
For the purposes of the registration and licensing of a fishing vessel, the owner, captain or master of the fishing vessel shall be resident in Malta, in accordance with the terms of the provisions of the Immovable Property (Acquisition by Non-Residents) Act.

Existing Measures: Art. 5 of Subsidiary Legislation 425.07 on Fishing Vessels Regulations

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Malta reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.

Malta reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Malta reserves the right to adopt or maintain any measure with regard to the supply of security services.

Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.

Existing Measures:

Sector: Education services

Sub-Sector:

Industry Classification: CPC 921, CPC 922, CPC 923, CPC 924

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Malta reserves the right to adopt or maintain any measure with respect to the supply of privately funded primary, secondary, higher, and adult education services.

Existing Measures:

Sector: Health services

Sub-Sector:

Hospital services
Ambulance services
Residential health services other than hospital services

Industry Classification: CPC 9311, CPC 93192, CPC 93193

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Malta reserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services.

Existing Measures:

Sector: Health services

Sub-Sector: Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services

Industry Classification: CPC 9312, part of CPC 9319

Type of Reservation:

National treatment
Market access

Description:

Investment and Cross-Border Trade in Services
This reservation applies to all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, In Malta, these services may only be provided by nationals of a Member State of the EU having prior authorisation, which may be subject to an economic needs test (ENT).

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Malta reserves the right to adopt or maintain any measure with regard to the supply of privately funded social services.

Existing Measures:

Sector: Transport services

Sub-Sector: Road transport

Industry Classification: CPC 712

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
Public bus service: The entire network is subject to a concession which includes a Public Service Obligation agreement to cater for certain social sectors (such as students and the elderly).

Existing Measures:

Sector: Transport

Sub-Sector:

Water transport
Supporting services for water transport

Industry Classification: CPC 7213, CPC 7214, part of 742, CPC 745, part of CPC 749

Type of Reservation:

Market access
Obligations

Description:

Investment, Cross-Border Trade in Services and International Maritime Transport Services
Exclusive rights exist for the maritime link to mainland Europe through Italy with Malta.

Existing Measures:

Reservations applicable in the Netherlands

Sector: Business services

Sub-Sector: Supply services of office support personnel

Industry Classification: CPC 87203

Type of Reservation: Market access

Description:

Cross-Border Trade in Services
The Netherlands reserves the right to require establishment and to prohibit the cross-border supply of supply services of office support personnel.

Existing Measures:

Reservations applicable in Poland

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Preferential conditions for establishment or the cross-border supply of services, which may include the elimination or amendment of certain restrictions embodied in the list of reservations applicable in Poland, may be extended through commerce and navigation treaties.

Existing Measures:

Sector:

Fishing
Aquaculture
Services incidental to fishing

Sub-Sector:

Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Poland reserves the right to adopt or maintain any measure which accords differential treatment to services and service suppliers of a country pursuant to existing or future bilateral agreements relating to fishing in the geographical area of fisheries falling within the jurisdiction of the countries involved, in accordance with international conservation practices and policies or agreements on fisheries, particularly in the Baltic Sea basin.

Existing Measures:

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Poland reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.

Poland reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Poland reserves the right to adopt or maintain any measure with regard to the supply of security services.

Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.

Existing Measures:

Sector: Health services

Sub-Sector: Ambulance services

Industry Classification: CPC 93192

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment
Poland reserves the right to adopt or maintain any measure with respect to the supply of ambulance services.

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Poland reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.

Existing Measures:

Sector: Transport

Sub-Sector: All passenger and freight transport services other than maritime transport

Industry Classification: Part of CPC 711, part of CPC 712, part of CPC 722

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
In so far as Canada and its provinces and territories allow the supply of transport services into and across the territory of Canada by passenger and freight transport suppliers of Poland, Poland will allow the supply of transport services by passenger and freight transport suppliers of Canada into and across the territory of Poland under the same conditions.

Existing Measures:

Reservations applicable in Portugal

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Portugal reserves the right to waive nationality requirements for the exercise of certain activities and professions by natural persons supplying services for countries in which Portuguese is the official language (Angola, Brazil, Cape Verde, Guinea-Bissau, Mozambique and São Tomé & Principe).

Existing Measures:

Sector: Business services

Sub-Sector: Auditing services

Industry Classification: CPC 86211, CPC 86212, other than accounting services

Type of Reservation: Market access

Description:

Cross-Border Trade in Services
Portugal reserves the right to adopt or maintain any measure with respect to the cross-border supply of auditing services.

Existing Measures:

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Portugal reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.

Portugal reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
The cross-border supply of security services by a foreign service supplier is not allowed

Nationality condition for specialised personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Investigation services

Industry Classification: CPC 87301

Type of Reservation: Market access

Description:

Investment and Cross-Border Trade in Services
In Portugal, investigation services are a monopoly reserved to the State.

Existing Measures:

Sector: Financial services

Sub-Sector: Insurance

Type of Reservation: Cross-Border supply of financial services

Description:

Financial Services
Air and maritime transport insurance, covering goods, aircraft, hull and liability, can be underwritten only by firms established in the EU.

Only persons or companies established in the EU may act as intermediaries for such insurance business in Portugal.

Existing Measures: Art. 7 of Decree-Law 94-B/98 and art. 7 of Decree-Law 144/2006

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Portugal reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.

Existing Measures:

Sector: Energy

Sub-Sector: Electricity, natural gas, crude oil or petroleum products

Industry Classification: ISIC rev 3.1 232, ISIC rev 3.1 4010, ISIC rev 3.1 4020, CPC 7131, CPC 7422, CPC 887 (other than advisory and consulting services)

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
Portugal reserves the right to adopt or maintain any measure with respect to the production, transmission and distribution of electricity, the manufacturing of gas, the pipeline transportation of fuels, wholesale services of electricity, retailing services of electricity and non-bottled gas, and services incidental to electricity and natural gas distribution.

Portugal reserves the right to adopt or maintain any measure with respect to the cross-border supply of storage and warehousing services of fuels transported through pipelines (natural gas).

The activities of electricity transmission and distribution are carried out through exclusive concessions of public service.

Concessions relating to the transmission, distribution and underground storage of natural gas and the reception, storage and regasification terminal of LNG are awarded through concession contracts, following public calls for tenders.

These concessions for electricity and gas sectors are assigned only to limited companies with their headquarters and effective management in Portugal.

Existing Measures:

Decree-Law 230/2012 and Decree-Law 231/2012, 26 October - Natural Gas
Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October - Electricity
Decree-Law 31/2006, 15 February – Crude oil/Petroleum products

Sector: Transport

Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services

Industry Classification: CPC 712

Type of Reservation: Market access

Description:

Investment
For passenger transportation, an economic needs test is applied to the supply of limousine services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment.

Existing Measures:

Sector: Other services

Sub-Sector: Funeral, cremation and undertaking services

Industry Classification: CPC 97030

Type of Reservation: Market access

Description:

Investment
Portugal reserves the right to adopt or maintain any measure with respect to funeral, cremation and undertaking services. The private management and operation of cemeteries is carried out under a public concession.

Existing Measures:

Decree-Law 109/2010, 14 October 2010
Law 13/2011, 29 April 2011

Reservations applicable in Romania

Sector: Business services

Sub-Sector: Research and development services

Industry Classification: CPC 851, CPC 852, CPC 853

Type of Reservation:

Market access
National treatment

Description:

Cross-Border Trade in Services
Romania reserves the right to adopt or maintain any measure with respect to the cross-border supply of research and development services.

Existing Measures:

Governmental Ordinance no. 6 / 2011
Order of Minister of Education and Research no. 3548 / 2006
Governmental Decision no. 134 / 2011

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Romania reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.

Romania reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Romania reserves the right to adopt or maintain any measure with regard to the supply of security services.

Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.

Existing Measures:

Sector: Education services

Sub-Sector:

Industry Classification: CPC 921, CPC 922, CPC 923, CPC 924

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
Romania reserves the right to adopt or maintain any measure with respect to the supply of privately funded primary, secondary, higher, and adult education services.

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Romania reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.

Existing Measures:

Reservations applicable in the Slovak Republic

Sector: All sectors

Sub-Sector: Acquisition of real estate

Industry Classification:

Type of Reservation:

Market access
National treatment

Description:

Investment
Foreign companies or natural persons may not acquire agricultural and forest land outside the border of the built-up area of a municipality and some other land (e.g. natural resources, lakes, rivers, public roads etc.).

Existing Measures:

Act 202/1995, the Foreign Exchange Act, art. 19
Act 229/1991 on Laws on Adjustment of ownership relations to Land

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The Slovak Republic reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.

The Slovak Republic reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The Slovak Republic reserves the right to adopt or maintain any measure with regard to the supply of security services.

Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.

Existing Measures:

Sector: Education services

Sub-Sector:

Industry Classification: CPC 921, CPC 922, CPC 923 other than CPC 92310, CPC 924

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
EEA residency requirement for providers of all privately funded education services other than post-secondary technical and vocational education services.

An economic needs test may apply, the number of schools being established may be limited by local authorities.

In the Slovak Republic, the majority of the members of the board of directors of an establishment providing education services must be nationals of the Slovak Republic.

Existing Measures:

Act 245/2008 on education
Act 131/2002 on Universities, arts. 2, 47, 49a
Act 596/2003 on State Administration in Education, art. 16

Sector: Health services

Sub-Sector:

Hospital services
Ambulance services
Residential health services other than hospital services

Industry Classification: CPC 9311, CPC 93192, CPC 93193

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
The Slovak Republic reserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services.

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
The Slovak Republic reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.

Existing Measures:

Sector: Financial services

Sub-Sector: Insurance and insurance-related services

Industry Classification:

Type of Reservation: Market access

Description:

Financial Services
Foreign nationals may establish an insurance company in the form of a joint stock company or may conduct insurance business through a branch having a registered office in the Slovak Republic. The authorisation in both cases is subject to the evaluation of supervisory authority.

Existing Measures: Act 8/2008 on Insurance

Sector: Financial services

Sub-Sector: Banking and other financial services (excluding insurance)

Industry Classification:

Type of Reservation:

Market access
National treatment

Measures:

Act 566/2001 on Securities
Act 483/2001 on Banks

Description:

Financial Services
Investment services in the Slovak Republic can be provided by management companies which have the legal form of joint-stock company with equity capital according to the law (no branches).

Existing Measures:

Sector: Energy

Sub-Sector:

Industry Classification: ISIC rev 3.1 4010, ISIC rev 3.1 4020, ISIC rev 3.1 4030, CPC 7131

Type of Reservation:

National treatment
Market access

Description:

Investment and Cross-Border Trade in Services
An authorisation is required for the production, transmission and distribution of electricity, manufacture of gas and distribution of gaseous fuels, production and distribution of steam and hot water, pipeline transportation of fuels, wholesale and retail of electricity, steam and hot water, and services incidental to energy distribution. An economic needs test is applied and the application may be denied only if the market is saturated.

For all these activities, an authorisation may only be granted to a natural person with permanent residency in a Member State of the EU or the EEA or a juridical person established in the EU or the EEA.

Existing Measures:

Act 51/1988 on Mining, art. 4a
Act 569/2007 on Geological Activity, art. 5
Act 251/2012 on Energy, arts. 6, 7
Act 657/2004 on Thermal Energy, art. 5

Sector:

Transportation
Fishing
Aquaculture

Sub-Sector:

Water transportation
Services incidental to fishing

Industry Classification: CPC 722

Type of Reservation:

National treatment
Market access

Description:

Cross-border Trade in Services
In the Slovak Republic, foreign investors must have their principal office in the Slovak Republic in order to apply for a licence enabling them to provide a service.

Existing Measures:

Sector: Transport

Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services

Industry Classification: CPC 712

Type of Reservation: Market access

Description:

Investment
For freight transportation, an economic needs test is applied. Main criteria: local demand.

Existing Measures:

Sector: Rail transport

Sub-Sector:

Industry Classification: CPC 7111, CPC 7112

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Measures that are taken under existing or future agreements, and which regulate traffic rights and operating conditions, and the supply of transport services in the territory of Bulgaria, the Czech Republic and Slovakia and between the countries concerned.

Existing Measures:

Sector: Road transport

Sub-Sector:

Industry Classification: CPC 7121, CPC 7122, CPC 7123

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Measures that are taken under existing or future agreements, and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of a transport services into, in, across and out of Slovakia to the contracting parties concerned.

Existing Measures:

Reservations applicable in Slovenia

Sector: Business services

Sub-Sector:

Executive search
Placement services
Supply services of office support personnel

Industry Classification: CPC 87201, CPC 87202, CPC 87203

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Slovenia reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel.

Slovenia reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Slovenia reserves the right to adopt or maintain any measure with regard to the supply of security services.

Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist.

Existing Measures:

Sector: Education services

Sub-Sector:

Primary education services
Secondary education services
Higher education services

Industry Classification: CPC 921, CPC 922, CPC 923

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Slovenia reserves the right to require establishment and to restrict the cross-border supply of privately funded primary education services.

The majority of the members of the board of directors of an establishment providing privately funded secondary or higher education services must be Slovenian nationals.

Existing Measures:

Sector: Health services

Sub-Sector: Ambulance services

Industry Classification: CPC 93192

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Slovenia reserves the right to adopt or maintain any measure with respect to the supply of privately funded ambulance services.

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Slovenia reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services.

Existing Measures:

Reservations applicable in Spain

Sector: Business services

Sub-Sector:

Executive search
Placement services

Industry Classification: CPC 87201, CPC 87202

Type of Reservation: Market access

Description:

Investment
Spain reserves the right to restrict the number of suppliers of executive search services.

Spain reserves the right to restrict the number of suppliers of placement services.

Existing Measures:

Sector: Business services

Sub-Sector: Security services

Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309

Type of Reservation:

Market access
National treatment

Description:

Investment and Cross-Border Trade in Services
The supply of security services by a foreign provider on a cross-border basis is not allowed.

Access through Sociedades Anonimas, Sociedades de Responsabilidad Limitada, Sociedades Anonimas Laborales and Sociedades Cooperativas only.

Nationality condition for specialised personnel.

Existing Measures:

Sector: Financial services

Sub-Sector: Insurance

Type of Reservation:

Market access
National treatment

Cross-Border supply of financial services

Description:

Financial Services
Residence is required, or alternatively to have two years of experience, for the actuarial profession.

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Spain reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.

Existing Measures:

Sector: Transport

Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services

Industry Classification: CPC 712

Type of Reservation: Market access

Description:

Investment
For passenger transportation, an economic needs test applies to services provided under CPC 7122. Main criteria: local demand.

An economic needs test applies 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.

Existing Measures:

Sector: Road transport (freight)

Sub-Sector:

Industry Classification: CPC 7123

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Authorisation for the establishment of a commercial presence in Spain may be refused to service suppliers, whose country of origin does not accord effective market access to service suppliers of Spain.

Existing Measures: Ley 16/1987, de 30 de julio, de Ordenación de los Transportes Terrestres

Reservations applicable in Sweden

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation:

National treatment
Senior management and boards of directors

Description:

Investment
Sweden reserves the right to adopt or maintain discriminatory requirements for founders, senior management and boards of directors when new forms of legal association are incorporated into Swedish law.

Existing Measures:

Sector: All sectors

Sub-Sector:

Industry Classification:

Type of Reservation: Most-favoured-nation treatment

Description:

Investment and Cross-Border Trade in Services
Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic cooperation, such as:

  1. financial support to research and development (R&D) projects (the Nordic Industrial Fund);
  2. funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and
  3. financial assistance to companiesFootnote 4 utilizing environmental technology (the Nordic Environment Finance Corporation).

This reservation is without prejudice to the exclusion of procurement by a Party, subsidies, or governmental support for trade in services in Art. 8.15.5(a) and (b), and Art. 9.2.2(f) and (g) respectively.

Existing Measures:

Sector: Mining and quarrying, manufacturing of electricity, gas and water supply

Sub-Sector:

Nuclear based electricity generation
Processing of nuclear fuel

Industry Classification: ISIC rev 3.1 1200, ISIC rev 3.1 2330, part of ISIC rev 3.1 4010

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
Sweden reserves the right to adopt or maintain any measure with respect to the processing of nuclear fuel and nuclear-based electricity generation.

Existing Measures:

The Swedish Environmental Code (1998:808)
Law on Nuclear Technology Activities (1984:3)

Sector: Distribution services

Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods and other services supplied by pharmacists

Industry Classification: CPC 63211

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
The Swedish monopoly on retail sales of pharmaceuticals was abandoned on 1 July 2009. Given that the opening of the market is recent and involves new modes of services delivery, Sweden reserves the right to adopt or maintain any measure with respect to retail sales of pharmaceutical goods and the supply of pharmaceutical goods to the general public.

Existing Measures:

Law on trade with pharmaceuticals (2009:336)
Regulation on trade with pharmaceuticals (2009:659)
The Swedish Medical Products Agency has adopted further regulations, the details can be found at (LVFS 2009:9)
http://www.lakemedelsverket.se/upload/lvfs/LVFS_2009-9.pdf

Sector: Education services

Sub-Sector:

Industry Classification: CPC 92

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Investment and Cross-Border Trade in Services
Sweden reserves the right to adopt or maintain any measure with respect to educational services suppliers that are approved by public authorities to provide education.

This reservation applies to privately funded educational services suppliers with some form of State support, inter alia educational service suppliers recognised by the State, educational services suppliers under State supervision or education which entitles to study support.

Existing Measures:

Sector: Recycling

Sub-Sector:

Industry Classification: ISIC rev 3.1 37

Type of Reservation: Market access

Description:

Investment
Sweden reserves the right to limit the number of suppliers of privately funded recycling services at the level of local government, by establishing or maintaining monopolies, or granting a concession or exclusive rights on a non-discriminatory basis to a service provider or service providers. The limitation on market access reflects the application of the EU reservation relating to public utilities.

Existing Measures:

The Environmental Code (1998:808)
SFS 1994:1205 Förordning (1994:1205) om producentansvar för returpapper
SFS 2000:208 Förordning (2000:208) om producentansvar för glödlampor och vissa belysningsarmaturer
SFS 2005:209 Förordning (2005:209) om producentansvar för elektriska och elektroniska produkter
SFS 1997:185 Förordning (1997:185) om producentansvar för förpackningar
SFS 1994:1236 Förordning (1994:1236) om producentansvar för däck
SFS 1993:1154 Förordning (1993:1154) om producentansvar för glasförpackningar och förpackningar av wellpapp
SFS 2007:185 Förordning (2007:185) om producentansvar för bilar
SFS 2007:193 Förordning (2007:193) om producentansvar för vissa radioaktiva produkter och herrelösa strålkällor
SFS 2006:1273 Förordning (2006:1273) om producentansvar för förpackningar
SFS 2009:1031 Förordning (2009:1031) om producentansvar för läkemedel

Sector: Waste management

Sub-Sector: Management of waste from households and waste related to producer responsibilities

Industry Classification: CPC 9402

Type of Reservation:  Market access

Description:

Investment
Sweden reserves the right to limit the number of suppliers of privately funded waste management services at the level of local government, by establishing or maintaining monopolies, or granting a concession or exclusive rights on a non-discriminatory basis to a service provider or service providers. The limitation on market access reflects the application of the EU reservation relating to public utilities.

Existing Measures:

The Environmental Code (1998:808)
SFS 1994:1205 Förordning (1994:1205) om producentansvar för returpapper
SFS 2000:208 Förordning (2000:208) om producentansvar för glödlampor och vissa belysningsarmaturer
SFS 2005:209 Förordning (2005:209) om producentansvar för elektriska och elektroniska produkter
SFS 1997:185 Förordning (1997:185) om producentansvar för förpackningar
SFS 1994:1236 Förordning (1994:1236) om producentansvar för däck
SFS 1993:1154 Förordning (1993:1154) om producentansvar för glasförpackningar och förpackningar av wellpapp
SFS 2007:185 Förordning (2007:185) om producentansvar för bilar
SFS 2007:193 Förordning (2007:193) om producentansvar för vissa radioaktiva produkter och herrelösa strålkällor
SFS 2006:1273 Förordning (2006:1273) om producentansvar för förpackningar
SFS 2009:1031 Förordning (2009:1031) om producentansvar för läkemedel

Sector: Maritime transport

Sub-Sector: Cabotage

Industry Classification: CPC 7211, CPC 7212

Type of Reservation:

Most-favoured-nation treatment
Obligations

Description:

Investment, Cross-Border Trade in Services and International Maritime Transport Services
Measures may be taken on a reciprocal basis allowing vessels from Canada under the flag of Canada to operate cabotage traffic in Sweden in so far as Canada and its provinces and territories allow vessels registered under the flag of Sweden to operate cabotage traffic in Canada. The specific aim of this reservation depends on the content of a possible mutually agreed future agreement between Canada and Sweden.

Existing Measures:

Sector:

Business services
Auxiliary services to rail and land transport

Sub-Sector: Maintenance and repair of rail and road transport equipment and parts thereof

Industry Classification: CPC 6112, CPC 6122, part of CPC 8867, part of CPC 8868

Type of Reservation: Market access

Description:

Investment
In Sweden, maintenance and repair services of rail and road transport equipment are subject to an economic needs test when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints.

Existing Measures: Planning and Building Act (2010:900)

Sector: Other services not included elsewhere

Sub-Sector: Funeral, cremation and undertaking services

Industry Classification: CPC 9703

Type of Reservation:

Market access
National treatment
Senior management and boards of directors

Description:

Cross-Border Trade in Services
Sweden reserves the right to adopt or maintain any measure with respect to funeral, cremation and undertaking services

Existing Measures:

Reservations applicable in the United Kingdom

Sector: Business services

Sub-Sector: Auditing services

Industry Classification: CPC 86211, CPC 86212 other than accounting services

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Cross-Border Trade in Services
The United Kingdom reserves the right to adopt or maintain any measure with respect to the cross-border supply of auditing services.

Existing Measures: Companies Act 2006

Sector: Health services

Sub-Sector: Medical services

Industry Classification: CPC 93121, CPC 93122

Type of Reservation: Market access

Description:

Investment
Establishment for doctors under the National Health Service is subject to medical manpower planning.

Existing Measures:

Sector: Health services

Sub-Sector:

Ambulance services
Residential health facilities services other than hospital services

Industry Classification: CPC 93192, CPC 93193

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
The United Kingdom reserves the right to adopt or maintain any measure with respect to the supply of privately funded ambulance services and residential health facilities services other than hospital services.

Existing Measures:

Sector: Health services

Sub-Sector:

Health-related professional services, including medical and dental services as well as services by psychologists; midwives services

Services by nurses, physiotherapists and paramedical personnel

Retail sales of pharmaceutical, medical and orthopaedic goods, and other services supplied by pharmacists

Industry Classification: CPC 63211, part of CPC 85201, CPC 9312, part of CPC 93191

Type of Reservation:

National treatment
Market access

Description:

Cross-Border Trade in Services
The United Kingdom reserves the right to adopt or maintain any measure requiring the establishment of suppliers and restricting the cross-border supply of health-related professional services by service suppliers not physically present in the territory of the UK, including medical and dental services as well as services by psychologists; midwives services; services by nurses, physiotherapists and paramedical personnel; the retail sales of pharmaceuticals and of medical and orthopaedic goods, and other services supplied by pharmacists.

Existing Measures:

Sector: Social services

Sub-Sector:

Industry Classification: CPC 933

Type of Reservation:

Market access
National treatment
Performance requirements
Senior management and boards of directors

Description:

Investment
The United Kingdom reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.

Existing Measures:

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