Brussels, 18.4.2018

COM(2018) 196 final

ANNEX

to the

Proposal for a Council Decision

on the conclusion of the Free Trade Agreement between the European Union and the Republic of Singapore


ANNEX 8-A

THE UNION'S SCHEDULE OF SPECIFIC COMMITMENTS

SOLE ARTICLE

The Union's Schedule of Specific Commitments is set out in Appendices 8-A-1 to 8-A-3.



Appendix 8-A-1

UNION

SCHEDULE OF SPECIFIC COMMITMENTS IN CONFORMITY WITH ARTICLE 8.7
(SCHEDULE OF SPECIFIC COMMITMENTS)

(CROSS-BORDER SUPPLY OF SERVICES)

1.    The list of commitments below indicates the service sectors liberalised pursuant to Article 8.7 (Schedule of Specific Commitments) and, by means of reservations, the market access and national treatment limitations that apply to services and service suppliers of Singapore in those sectors. The list below is composed of the following elements:

(a)    the first column indicating the sector or sub-sector in which the commitment is undertaken by the Union, and the scope of liberalisation to which the reservations apply; and

(b)    the second column describing the applicable reservations.

Cross-border supply of services in sectors or sub-sectors covered by this Agreement and not mentioned in the list below is not committed.



2.    In identifying individual sectors and sub-sectors:

(a)    "CPC" means the Central Products Classification as referred to in footnote 23 to Article 8.21 (Computer Services); and

(b)    "CPC ver. 1.0" means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC ver 1.0, 1998.

3.    The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a market access or a national treatment limitation within the meaning of Articles 8.5 (Market Access) and Article 8.6 (National Treatment). Those measures (e.g. need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors and need to pass specific examinations, including language examinations), even if not listed, apply in any case to services and service suppliers of Singapore.

4.    The list below is without prejudice to the feasibility of the cross-border supply of service provided in paragraph (a) of Article 8.4 (Definitions) in certain service sectors and sub-sectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

5.    In accordance with paragraph 2(a) of Article 8.1 (Objective and Scope), the list below does not include measures concerning subsidies granted by a Party.

6.    The rights and obligations arising from the list below shall have no self-executing effect and thus confer no rights directly to natural or juridical persons.



7.    The term "investor" mentioned in this schedule of commitments shall be understood as the term of "entrepreneur" defined in paragraph (c) of Article 8.8 (Definitions).

8.    The following abbreviations are used in the list below:

AT    Austria

BE    Belgium

BG    Bulgaria

CY    Cyprus

CZ    Czech Republic

DE    Germany

DK    Denmark

EU    European Union, including all its Member States

ES    Spain

EE    Estonia

FI    Finland

FR    France

EL    Greece

HR    Croatia

HU    Hungary

IE    Ireland

IT    Italy

LV    Latvia

LT    Lithuania

LU    Luxembourg

MT    Malta

NL    Netherlands

PL    Poland



PT    Portugal

RO    Romania

SK    Slovakia

SI    Slovenia

SE    Sweden

UK    United Kingdom



Sector or sub-sector

Description of reservations

ALL SECTORS

Real estate

For Modes 1 and 2

All Member States except AT, BG, CY, CZ, DK, EL, FI, HU, IE, IT, LT, MT, PL, RO, SI, SK: None.

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

BG: Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited property rights 1 of real estate subject to the permission of the Ministry of Finance. The permission requirement does not apply to persons who have made investments in Bulgaria.

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

CY: Unbound.

CZ: Agricultural and forest land can be acquired by foreign natural and juridical persons with permanent residence in the Czech Republic. Specific rules apply to the agricultural and forest land in the state ownership.

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

EL: According to Law No. 1892/90, permission from the Minister of Defence is needed for a citizen to acquire land in areas near borders. According to administrative practices, permission is easily granted for direct investment.

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

HU: Limitations on acquisition of land and real estate by foreign investors. 2

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

IT: The purchase of real estate by foreign natural and juridical persons is subject to a condition of reciprocity.

LT: Unbound for acquisition of land. 3

MT: The requirements of Maltese legislation and regulations regarding acquisition of real property shall continue to apply.

PL: Acquisition of real estate, direct or indirect, by foreigners (a natural or foreign legal persons) requires permission. Unbound for acquisition of state-owned property (i.e. the regulations governing the privatization process).

RO: Natural persons not having Romanian citizenship and residence in Romania, as well as legal persons not having Romanian nationality and their headquarters in Romania, cannot acquire ownership over any kind of land plots, through inter vivos acts.

SI: Juridical persons, established in Slovenia with foreign capital participation, may acquire real estate in the territory of Slovenia. Branches 4 established in Slovenia by foreign persons may only acquire real estate, except land, necessary for the conduct of the economic activities for which they are established.

SK: Limitations on real estate acquisition by foreign physical and legal entities. Foreign entities may acquire real property through establishment of Slovak legal entities or participation in joint ventures. Unbound for land.

1.    BUSINESS SERVICES

A.    Professional Services

(a)    Legal Services 5 (CPC 861) 6

For Modes 1 and 2

AT, CY, ES, EL, LT, MT, SK: Full admission to the Bar, required for the practice of domestic (EU and Member State) law, is subject to a nationality condition.

excluding legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, "huissiers de justice" or other "officiers publics et ministériels".

BE, FI: Full admission to the Bar, required for legal representation services, is subject to a nationality condition, coupled with a residency requirement. In BE quotas apply for representation before the "Cour de cassation" in noncriminal cases.

BG: Singapore's lawyers can only provide legal representation services for a Singapore's national subject to reciprocity and cooperation with a Bulgarian lawyer. For legal mediation services, permanent residence is required.

FR: Lawyers' access to the profession of "avocat auprès de la Cour de Cassation" and "avocat auprès du Conseil d'Etat" is subject to quotas and to a nationality condition.

HR: Unbound for practicing of Croatian law.

HU: Full admission to the Bar is subject to a nationality condition, coupled with a residency requirement. For foreign lawyers, the scope of legal activities is limited to the provision of legal advice.

LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved.

DK: Marketing of legal advice services is reserved to lawyers with a Danish licence to practice and law firms registered in Denmark. Requirement of a Danish legal examination in order to obtain a Danish licence.

SE: Admission to the Bar, necessary only for the use of the Swedish title "advokat", is subject to a residency requirement.

(b)    1. Accounting and Bookkeeping Services (CPC 86212 other than auditing services, CPC 86213, CPC 86219 and CPC 86220)

For Mode 1

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

AT: Nationality condition for representation before competent authorities.

For Mode 2

None.

(b)    2. Auditing services
(CPC 86211 and 86212 other than accounting services)

For Mode 1

BE, BG, CY, DE, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PT, RO, UK: Unbound.

AT: Nationality condition for representation before competent authorities and for performing audits provided for in specific Austrian laws (e.g. joint stock companies law, stock exchange law, banking law, etc.)

HR: Foreign audit firms may provide audit services on the Croatian territory where they have established a branch.

SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, inter alia, in all limited companies. Only such persons may be shareholders or form partnerships in companies which practice qualified auditing (for official purposes). Residency is required for approval.

LT: Auditor's report must be prepared in conjunction with an auditor accredited to practice in Lithuania.

For Mode 2

None.

(c)    Taxation Advisory Services (CPC 863) 7

For Mode 1

AT: Nationality condition for representation before competent authorities.

CY: Tax agents must be duly authorised by the Minister of Finance. Authorisation is subject to an economic needs test. The criteria used are analogous to those for granting permission for foreign investment (listed in horizontal section). As these criteria apply to this sub-sector, the employment situation in the sub-sector is always taken into consideration.

BG, MT, RO, SI: Unbound.

For Mode 2

None.

(d)    Architectural services

and

(e)    Urban planning and landscape architectural services (CPC 8671 and CPC 8674)

For Mode 1

AT: Unbound except for planning services.

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

DE: Application of the domestic rules on fees and emoluments for all services which are performed from abroad.

HR: Natural and legal persons may supply architectural services upon approval of the Croatian Chamber of Architects. A design or project elaborated abroad must be recognized (validated) by an authorized natural or legal person in Croatia with regard to its compliance with Croatian Law. Unbound for urban planning.

HU, RO: Unbound for landscape architectural services.

For Mode 2

None.

(f)    Engineering services

and

(g)    Integrated engineering services (CPC 8672 and CPC 8673)

For Mode 1

AT, SI: Unbound except for pure planning services.

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

HR: Natural and legal persons may supply engineering services upon approval of the Croatian Chamber of Engineers. A design or project elaborated abroad must be recognized (validated) by an authorized natural or legal person in Croatia with regard to its compliance with Croatian Law.

For Mode 2

None.

(h)    Medical (including Psychologists), and Dental services (CPC 9312 and part of CPC 85201)

For Mode 1

AT, BE, BG, CY, DE, DK, EE, ES, FI, FR, EL, IE, IT, LU, MT, NL, PT, RO, SK, UK: Unbound.

SI: Unbound for social medicine services, sanitary services, epidemiological services, medical/ecological services, the supply of blood, blood preparations and transplants and autopsy.

HR: Unbound, except for telemedicine.

For Mode 2

None.

(i)    Veterinary services (CPC 932)

For Mode 1

AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU, IE, IT, LV, MT, NL, PT, RO, SI, SK: Unbound.

UK: Unbound except for veterinary laboratory and technical services supplied to veterinary surgeons, general advice, guidance and information (e.g. nutritional, behaviour and pet care).

For Mode 2

None.

(j)    1. Midwives services (part of CPC 93191)

(j)    2. Services provided by Nurses, Physiotherapists and Paramedical Personnel (part of CPC 93191)

For Mode 1

AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PT, RO, SI, SK, UK: Unbound.

FI, PL: Unbound except for nurses.

HR: Unbound, except for telemedicine.

For Mode 2

None.

(k)    Retail sales of pharmaceuticals and retail sales of medical and orthopaedic goods (CPC 63211)

and other services supplied by pharmacists 8

For Mode 1

AT, BE, BG, DE, CY, DK, ES, FI, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SE, SK, SI, UK, CZ: Unbound.

LV, LT: Unbound except for mail order.

HU: Unbound except for CPC 63211.

For Mode 2

None.

B.    Computer and Related Services (CPC 84)

For Modes 1 and 2: None.

C.    Research and Development Services

R&D services on Social Sciences and Humanities (CPC 852 excluding psychologists services) 9

None.

R&D services on natural sciences (CPC 851)

Interdisciplinary R&D services (CPC 853)

EU: For publicly funded R&D services, exclusive rights and/or authorisations can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union.

D.    Real Estate Services 10

(a)    Involving Own or Leased Property (CPC 821)

For Mode 1

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

HR: Commercial presence required.

For Mode 2

None.

DK: The title of "real estate agent" may only be used by people who have been admitted to the real estate agent register. Section 25(2) of the Act on the sale of real estate lays down the requirements for who can be admitted to the register.

Amongst others, the Act requires that the applicant is a Danish resident or resident of the Union, the European Economic Area or Switzerland. Furthermore some requirements to the applicants theoretical insight and practical knowledge must be considered as laid down by the Danish Authority of Enterprise and Construction in guidelines. The Act on the sale of real estate is only applicable when dealing with Danish consumers. Other legislation concerning the access for foreigners to buy/sell property in Denmark can be applicable, e.g. residency requirements.

(b)    On a Fee or Contract Basis (CPC 822)

For Mode 1

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

HR: Commercial presence required.

DK: The title of "real estate agent" may only be used by people who have been admitted to the real estate agent register. Section 25(2) of the Act on the sale of real estate lays down the requirements for who can be admitted to the register.

Amongst others, the Act requires that the applicant is a Danish resident or resident of the Union, the European Economic Area or Switzerland. Furthermore some requirements to the applicants theoretical insight and practical knowledge must be considered as laid down by the The Danish Authority of Enterprise and Construction in guidelines. The Act on the sale of real estate is only applicable when dealing with Danish consumers. Other legislation concerning the access for foreigners to buy/sell property in Denmark can be applicable, e.g. residency requirements.

For Mode 2

None.

E.    Rental/Leasing Services without Operators

(a)    Relating to Ships (CPC 83103)

For Mode 1

BG, CY, DE, HU, MT, RO: Unbound.

For Mode 2

None.

(b)    Relating to Aircraft (CPC 83104)

For Mode 1

BG, CY, CZ, HU, LV, MT, PL, RO, SK: Unbound.

For Mode 2

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

AT, BE, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, NL, PT, SI, SE, UK: Aircraft used by an air carrier of the Union have to be registered in the Member State of the Union licensing the air carrier or elsewhere in the Union. Waivers can be granted for short term lease contracts or under exceptional circumstances.

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

For Mode 1

BG, CY, HU, LV, MT, PL, RO, SI: Unbound.

For Mode 2

None.

For Mode 1 and 2

HR: excluding cabotage.

(d)    Relating to Other Machinery and Equipment (CPC 83106, CPC 83107, CPC 83108 and CPC 83109)

For Mode 1

BG, CY, CZ, HU, MT, PL, RO, SK: Unbound.

For Mode 2

None.

(e)    Relating to personal and household goods (CPC 832)

For Modes 1 and 2

BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.

EE: Unbound except for leasing or rental services concerning prerecorded video-cassettes for use in home entertainment equipment.

(f)    Telecommunications equipment rental (CPC 7541)

For Modes 1 and 2

None.

F.    Other Business Services

(a)    Advertising (CPC 871)

For Modes 1 and 2

None.

(b)    Market Research and Opinion Polling (CPC 864)

For Modes 1 and 2

None.

(c)    Management Consulting Services (CPC 865)

For Modes 1 and 2

None.

(d)    Services Related to Management Consulting (CPC 866)

For Modes 1 and 2

HU: Unbound for arbitration and conciliation services (CPC 86602).

(e)    Technical Testing and Analysis Services
(CPC 8676)

For Mode 1

IT: Unbound for the profession of biologists and chemical analysts.

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

For Mode 2

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

(f)    Advisory and Consulting services incidental to Agriculture, Hunting and Forestry (part of CPC 881)

For Mode 1

IT: Unbound for activities reserved to agronomists and "periti agrari".

EE, MT, RO: Unbound.

For Mode 2

None.

(g)    Advisory and Consulting Services Relating to Fishing (part of CPC 882)

For Mode 1

LV, MT, RO, SI: Unbound.

For Mode 2

None.

(h)    Advisory and Consulting Services incidental to Manufacturing (part of CPC 884 and part of CPC 885)

For Modes 1 and 2

None.

(i)    Placement and Supply Services of Personnel

(i)    1. Executive search (CPC 87201)

For Mode 1

AT, BG, CY, CZ, DE, EE, ES, FI, HR, IE, LV, LT, MT, PL, PT, RO, SK, SI, SE: Unbound.

For Mode 2

AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, RO, SK, SI: Unbound.

(i)    2. Placement Services (CPC 87202)

For Mode 1

AT, BE, BG, CY, CZ, DE, DK, EE, ES, EL, FI, FR, HR, IE, IT, LU, LV, LT, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.

For Mode 2

AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, RO, SI, SK: Unbound.

(i)    3. Supply Services of office support personnel (CPC 87203)

For Mode 1

AT, BG, CY, CZ, DE, EE, FI, FR, HR, IT, IE, LV, LT, MT, NL, PL, PT, RO, SE, SK, SI: Unbound.

For Mode 2

AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, RO, SK, SI: Unbound.

(i)    4. Supply services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPCs 87204, 87205, 87206, 87209)

For Modes 1 and 2

All Member States except HU: Unbound.

HU: None.

(j)    1. Investigation Services (CPC 87301)

For Modes 1 and 2

BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, UK: Unbound.

(j)    2. Security Services (CPC 87302, CPC 87303, CPC 87304 and CPC 87305)

For Mode 1

HU: Unbound for CPC 87304, CPC 87305

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

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

For Mode 2

HU: Unbound for CPC 87304, CPC 87305

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

(k)    Related Scientific and Technical Consulting Services (CPC 8675)

For Mode 1

BE, BG, CY, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SI, UK: Unbound for exploration services.

HR: Services of basic geological, geodetic and mining consulting services as well as related environmental protection consulting services on the territory of Croatia can be carried out only jointly with/or through domestic legal persons.

For Mode 2

None.

(l)    1. Maintenance and repair of vessels (part of CPC 8868)

For Mode 1

For maritime transport vessels: BE, BG, CY, DE, DK, ES, FI, FR, HR, EL, IE, IT, LT, MT, NL, PL, PT, RO, SE, SI, UK: Unbound.

For internal waterways transport vessels: EU except EE, HU, LV: Unbound.

For Mode 2

None.

(l)    2. Maintenance and Repair of Rail Transport Equipment (part of CPC 8868)

For Mode 1

AT, BE, BG, DE, CY, CZ, DK, ES, FI, FR, EL, HR, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SE, SI, SK, UK: Unbound.

For Mode 2

None.

(l)    3. Maintenance and Repair of motor vehicles, motorcycles, snowmobiles and road transport Equipment (CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868)

For Modes 1 and 2

None.

(l)    4. Maintenance and Repair of Aircraft and parts thereof (part of CPC 8868)

For Mode 1

BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE, IT, LT, LU, MT, NL, PT, RO, SK, SI, SE, UK: Unbound.

For Mode 2

None.

(l)    5. Maintenance and Repair services of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and household goods 11 (CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)

For Modes 1 and 2

None.

(m)    Building-Cleaning Services (CPC 874)

For Mode 1

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, HR, EL, IE, IT, LU, LV, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.

For Mode 2

None.

(n)    Photographic Services (CPC 875)

For Mode 1

BG, EE, MT, PL: Unbound for the supply of aerial photographic services.

HR, LV: Unbound for specialty photographic services. (CPC 87504)

For Mode 2

None.

(o)    Packaging Services (CPC 876)

For Modes 1 and 2

None.

(p)    Printing and Publishing (CPC 88442)

For Modes 1 and 2

None.

(q)    Convention Services (part of CPC 87909)

For Modes 1 and 2

None.

(r)    1. Translation and Interpretation Services (CPC 87905)

For Mode 1

PL: Unbound for services of sworn interpreters.

HR: Unbound for official documents.

HU, SK: Unbound for official translation and interpretation.

For Mode 2

None.

(r)    2. Interior design and other specialty design services (CPC 87907)

For Mode 1

DE: Application of the domestic rules on fees and emoluments for all services which are performed from abroad.

For Mode 2

None.

(r)    3. Collection Agency Services (CPC 87902)

For Modes 1 and 2

BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

(r)    4. Credit reporting services (CPC 87901)

For Modes 1 and 2

BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

(r)    5. Duplicating services (CPC 87904) 12

For Mode 1

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

For Mode 2

None.

(r)    6. Telecommunications consulting services (CPC 7544)

For Modes 1 and 2

None.

(r)    7. Telephone answering services (CPC 87903)

For Modes 1 and 2

None.

2.    COMMUNICATION SERVICES

A.    Postal and Courier Services (Services relating to the handling 13 of postal items 14 according to the following list of subsectors, whether for domestic or foreign destinations:

(i)    Handling of addressed written communications on any kind of physical medium 15 , including Hybrid mail service and Direct mail;

(ii)    Handling of addressed parcels and packages 16 ;

For Modes 1 and 2

None.

(iii)    Handling of addressed press products 17 ;

(iv)    Handling of items referred to in (i) to (iii) above as registered or insured mail;

(v)    Express delivery services 18 for items referred to in (i) to (iii) above;

(vi)    Handling of non-addressed items; and

(vii)    Document exchange 19 .

Sub-sectors (i), (iv) and (v) are however excluded when they fall into the scope of the services which may be reserved for items of correspondence the price of which is less than five times the public basic tariff, provided that they weigh less than 100 grams 20 , and for the registered mail service used in the course of judicial or administrative procedures.)

(part of CPC 751, part of CPC 71235 21 and part of CPC 73210 22 )

B.    Telecommunications Services

These services do not cover the economic activity consisting of the provision of content which requires telecommunications services for its transport.

(a)    All services consisting of the transmission and reception of signals by any electromagnetic means 23 , excluding broadcasting 24

For Modes 1 and 2

None.

3.    CONSTRUCTION AND RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518)

For Modes 1 and 2

None.

4.    DISTRIBUTION SERVICES (excluding distribution of arms, munitions, explosives and other war material)

A.    Commission Agents' Services

(a)    Commission Agents' Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (part of CPC 61111, part of CPC 6113 and part of CPC 6121)

For Modes 1 and 2

EU except AT, SI, FI: Unbound for distribution of chemical products, and of precious metals (and stones).

AT: Unbound for distribution of pyrotechnical goods, of ignitable articles and blasting devices and of toxic substances.

AT, BG: Unbound for distribution of products for medical use such as medical and surgical devices, medical substances and objects for medical use.

HR: Unbound for tobacco products.

(b)    Other Commission Agents' Services (CPC 621)

B.    Wholesale Trade Services

(a)    Wholesale Trade Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (part of CPC 61111, part of CPC 6113 and part of CPC 6121)

(b)    Wholesale Trade Services of telecommunication terminal equipment (part of CPC 7542)

(c)    Other wholesale trade services (CPC 622 excluding wholesale trade services of energy products 25 )

For Mode 1

AT, BG, FR, PL, RO: Unbound for distribution of tobacco and tobacco products.

IT: For wholesale trade services, state monopoly on tobacco.

BG, FI, PL, RO: Unbound for distribution of alcoholic beverages.

SE: Unbound for retail of alcoholic beverages.

AT, BG, CZ, FI, RO, SK, SI: Unbound for distribution of pharmaceuticals.

BG, HU, PL: Unbound for commodity brokers' services.

FR: For commission agents' services, unbound for traders and brokers working in 17 markets of national interest on fresh food products. Unbound for wholesale of pharmaceuticals.

MT: Unbound for commission agents' services.

BE, BG, CY, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, SK, UK: For retailing services, unbound except for mail order.

C.    Retailing Services 26

Retailing Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (CPC 61112, part of CPC 6113 and part of CPC 6121)

Retailing Services of telecommunication terminal equipment (part of CPC 7542)

Food retailing services (CPC 631)

Retailing services of other (non-energy) goods, except retail sales of pharmaceutical, medical and orthopaedic goods 27 (CPC 632 excluding CPC 63211 and 63297)

D.    Franchising (CPC 8929)

5.    EDUCATIONAL SERVICES (only privatelyfunded services)

A.    Primary Education Services (CPC 921)

For Mode 1

BG, CY, FI, FR, HR, IT, MT, RO, SE, SI: Unbound.

For Mode 2

CY, FI, HR, MT, RO, SE, SI: Unbound.

B.    Secondary Education Services (CPC 922)

For Mode 1

BG, CY, FI, FR, HR, IT, MT, RO, SE: Unbound.

For Mode 2

CY, FI, MT, RO, SE: Unbound.

For Modes 1 and 2

LV: Unbound for education services relating to technical and vocational secondary school-type education services for handicapped students (CPC 9224).

C.    Higher Education Services (CPC 923)

For Mode 1

AT, BG, CY, FI, MT, RO, SE: Unbound.

FR: Nationality condition. However, Singapore's nationals can have authorisation from competent authorities to establish and direct an education institution, and to teach.

IT: Nationality condition for service providers to be authorised to issue State recognized diplomas.

For Mode 2

AT, BG, CY, FI, MT, RO, SE: Unbound.

For Modes 1 and 2

CZ, SK: Unbound for higher education services, except post-secondary technical and vocational education services (CPC 92310).

D.    Adult Education Services (CPC 924)

For Modes 1 and 2

CY, FI, MT, RO, SE: Unbound.

For Mode 1

AT: Unbound for adult education services by means of radio or television broadcasting.

E.    Other education services (CPC 929)

For Modes 1 and 2

AT, BE, BG, CY, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SI, SE, UK: Unbound.

For Mode 1

HR: None for correspondence education or education via telecommunications.

6.    ENVIRONMENTAL SERVICES

A.    Waste Water Services (CPC 9401) 28

B.    Solid/hazardous waste management, excluding cross-border transport of hazardous waste

(a)    Refuse Disposal Services (CPC 9402)

(b)    Sanitation and Similar Services (CPC 9403)

C.    Protection of ambient air and climate (CPC 9404) 29

For Mode 1

EU: Unbound except for consulting services.

For Mode 2

None.

D.    Remediation and clean-up of soil and waters

(a)    Treatment, remediation of contaminated/polluted soil and water (part of CPC 94060) 30

E.    Noise and vibration abatement (CPC 9405)

F.    Protection of biodiversity and landscape

(a)    Nature and landscape protection services (part of CPC 9406)

G.    Other environmental and ancillary services (CPC 94090)

7.    FINANCIAL SERVICES

A.    Insurance and insurancerelated services

For Modes 1 and 2

AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PL, PT, RO, SK, SE, SI, UK: Unbound for direct insurance services except for insurance of risks relating to:

(a)    Maritime shipping, commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and

(b)    goods in international transit.

AT: Promotional activity and intermediation on behalf of a subsidiary not established in the Union or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited. Compulsory air insurance, except for insurance of international commercial air transport, can be underwritten only by a subsidiary established in the Union or by a branch established in Austria. Higher premium tax is due for insurance contracts (except for contracts on reinsurance and retrocession) which are written by a subsidiary not established in the Union or by a branch not established in Austria. Exception from the higher premium tax can be granted.

DK: Compulsory air transport insurance can be underwritten only by firms established in the Union. No persons or companies (including insurance companies) may, for business purposes in Denmark, assist in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed by Danish law or by Danish competent authorities.

DE: Compulsory air insurance policies can be underwritten only by a subsidiary established in the Union or by a branch established in Germany. If a foreign insurance company has established a branch in Germany, it may conclude insurance contracts in Germany relating to international transport only through the branch established in Germany.

FR: Insurance of risks relating to ground transport may be underwritten only by insurance firms established in the Union.

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

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

RO: Reinsurance on international market is allowed only if the reinsured risk cannot be placed on the domestic market.

For Mode 1

AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PT, RO, SK, SE, SI, UK: Unbound for direct insurance intermediation services except for insurance of risks relating to:

(a)    Maritime shipping, commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and

(b)    goods in international transit.

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

CY, LV, MT: Unbound for direct insurance services except for insurance of risks relating to:

(a)    Maritime shipping, commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and

(b)    goods in international transit.

LT: Unbound for direct insurance services except for insurance of risks relating to:

(a)    Maritime shipping, commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and

(b)    goods in international transit, except related to land transport where the risk is located in Lithuania.

LV, LT, PL, BG: Unbound for insurance intermediation.

FI: Only insurers having their head office in the Union or having their branch in Finland may offer direct insurance (including co-insurance) services. The supply of insurance broker services is subject to a permanent place of business in the Union.

HU: The supply of direct insurance in the territory of Hungary by insurance companies not established in the Union is allowed only through a branch office registered in Hungary.

IT: Unbound for the actuarial profession. 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 Union. This reservation does not apply to international transport involving imports into Italy.

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

ES: For actuarial services, residency requirement and threeyears relevant experience.

For Mode 2

AT, BE, BG, CZ, CY, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound for intermediation.

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

HR: Unbound for direct insurance and direct insurance intermediation services, except

(a)    life insurance: for the ability of foreign persons residing in Croatia to obtain life insurance;

(b)    non-life insurance:

(i)    for the ability of foreign persons residing in Croatia to obtain non-life insurance other than automobile liability;

(ii)    –    personal or property risk insurance that is not available in the Republic of Croatia;

–    companies purchasing insurance abroad in connection with investment works abroad including the equipment for those works;

–    for ensuring the return of foreign loans (collateral insurance);

–    personal and property insurance of wholly-owned enterprises and joint ventures which perform an economic activity in a foreign country, if it is in accordance with the regulations of that country or it is required by its registration;

–    ships under construction and overhaul if it is stipulated by the contract concluded with the foreign client (buyer);

(c)    marine, aviation, transport.

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

B.    Banking and other financial services (excluding insurance)

All sub-sectors indicated below

For Mode 1

AT, BE, BG, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PL, PT, SK, SE, UK: Unbound except for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.

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

BG: Limitations and conditions relating to the use of telecommunications network may apply.

CY: Unbound except for trading of transferable securities, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.

EE: 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.

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

HR: Unbound except for lending, financial leasing, payment and money transmission services, guarantees and commitments, money broking , provision and transfer of financial information and advisory and other auxiliary financial services, excluding intermediation.

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

IE: The provision of investment services or investment advice requires either (a) authorisation in Ireland, which normally requires that the entity be incorporated or be a partnership or a sole trader, in each case with a head/registered office in Ireland (authorisation may not be required in certain cases, e.g. where a Singapore's service supplier has no commercial presence in Ireland and the service is not provided for private individuals), or (b) authorisation in another Member State of the Union in accordance with the Union directive on investment and services.

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

LV: Unbound except for participation in issue of all kinds of securities, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.

LT: Commercial presence is required for pension fund management.

MT: Unbound except for acceptance of deposits, for lending of all types, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.

PL: For the provision and transfer of financial information, and financial data processing and related software, requirement to use the public telecommunications network, or the network of other authorised operator.

RO: Unbound for financial leasing, for trading of money market instruments, foreign exchange, derivative products, exchange rate and interest rate instruments, transferable securities and other negotiable instruments and financial assets, for participation in issue of all kinds of securities, for asset management and for settlement and clearing services for financial assets. Payments and money transmission services are allowed only through a bank established in Romania.

SI:

(a)    Participation in issue of Treasury bonds, pension fund management: Unbound.

(b)    All other sub-sectors, except participation in issue of Treasury bonds, pension fund management, provision and transfer of financial information and advisory and other auxiliary financial services: Unbound except accepting credits (borrowing of all types), and accepting guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors. Foreign persons can offer foreign securities only through domestic banks and stock broking company. Members of the Slovenian Stock Exchange must be incorporated in Slovenia or be branches of foreign investment firms or banks.

For Mode 2

BG: Limitations and conditions relating to the use of telecommunications network may apply.

PL: For the provision and transfer of financial information, and financial data processing and related software, requirement to use the public telecommunications network, or the network of other authorised operator.

8.    HEALTH SERVICES AND SOCIAL SERVICES (only privately-funded services)

A.    Hospital Services (CPC 9311)

C.    Residential health facilities other than hospital services (CPC 93193)

For Mode 1

AT, BE, BG, DE, CY, CZ, DK, ES, EE, FI, FR, EL, HR, IE, IT, LV, LT, MT, LU, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.

For Mode 2

None.

D.    Social Services

(CPC 933)

For Mode 1

AT, BE, BG, CY, CZ, DE, DK, EE, ES, EL, FI, FR, HR, HU, IE, IT, LU, MT, PL, PT, RO, SE, SI, SK, UK: Unbound.

For Mode 2

BE: Unbound except for convalescent and rest houses and old people's homes.

9.    TOURISM AND TRAVEL RELATED SERVICES

A.    Hotel, Restaurants and Catering (CPC 641, CPC 642 and CPC 643)

excluding catering in air transport services

For Mode 1

AT, BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound except for catering.

HR: Unbound.

For Mode 2

None.

B.    Travel Agencies and Tour Operators Services (including tour managers) (CPC 7471)

For Mode 1

BG, HU: Unbound.

For Mode 2

None.

C.    Tourist Guides Services (CPC 7472)

For Mode 1

BG, CY, CZ, HU, IT, LT, MT, PL, SK, SI: Unbound.

For Mode 2

None.

10.    RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services)

A.    Entertainment Services (including Theatre, Live Bands, Circus and Discotheque Services) (CPC 9619)

For Mode 1

BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, UK: Unbound.

For Mode 2

CY, CZ, FI, HR, MT, PL, RO, SK, SI: Unbound.

BG: Unbound, except for theatrical producer, singer group, band and orchestra entertainment services (CPC 96191); services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192); and ancillary theatrical services (CPC 96193).

EE: Unbound for other entertainment services (CPC 96199) except for cinema theatre services.

LT, LV: Unbound except for cinema theatre operation services (part of CPC 96199).

B.    News and Press Agencies Services (CPC 962)

For Mode 1

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

For Mode 2

BG, CY, CZ, HU, LT, MT, PL, RO, SI, SK: Unbound.

C.    Libraries, archives museums and other cultural services (CPC 963)

For Mode 1

BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

For Mode 2

BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, HU, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

D.    Sporting services (CPC 9641)

For Modes 1 and 2

AT: Unbound for ski school services and mountain guide services.

BG, CZ, HR, LV, MT, PL, RO, SK: Unbound.

For Mode 1

CY, EE: Unbound.

E.    Recreation park and beach Services (CPC 96491)

For Modes 1 and 2

None.

11.    TRANSPORT SERVICES

A.    Maritime transport

(a)    International passenger transportation (CPC 7211 less national cabotage transport 31 ).

(b)    International freight transportation (CPC 7212 less national cabotage transport 32 )

For Modes 1 and 2

None.

B.    Internal Waterways Transport

(a)    Passenger transportation (CPC 7221 less national cabotage transport 33 )

(b)    Freight transportation (CPC 7222 less national cabotage transport 34 )

For Modes 1 and 2

EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.

AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as a legal person, a nationality condition for the majority of managing directors, the managing board and the supervisory board. Registered company or permanent establishment in Austria is required. In addition, the majority of the business shares must be held by citizens of the Union.

BG, CY, CZ, EE, FI, HR, HU, LT, MT, RO, SE, SI, SK: Unbound.

C.    Rail Transport

(a)    Passenger transportation (CPC 7111)

(b)    Freight transportation (CPC 7112)

For Mode 1

EU: Unbound.

For Mode 2

None.

D.    Road Transport

(a)    Passenger Transportation (CPC 7121 and CPC 7122)

(b)    Freight Transportation (CPC 7123, excluding transportation of postal and courier items on own account 35 )

For Mode 1

EU: Unbound.

For Mode 2

None.

E.    Pipeline transport of goods other than fuel 36 (CPC 7139)

For Mode 1:

EU: Unbound.

For Mode 2:

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

12.    SERVICES AUXILIARY TO TRANSPORT 37

A.    Services auxiliary to Maritime Transport

(a)    Storage and warehousing Services (part of CPC 742)

(b)    Customs Clearance Services 38

(c)    Container Station and Depot Services 39

For Mode 1

EU: Unbound 40  for pushing and towing services.

AT, BG, CY, CZ, DE, EE, HU, LT, MT, PL, RO, SI, SK: Unbound for rental of vessels with crew. SE: None except for pushing/towing and rental of vessels with crew where SE has limitations on cabotage and flag.

(d)    Maritime Agency Services 41

(e)    Maritime freight forwarding Services 42

(f)    Rental of Vessels with Crew (CPC 7213)

(g)    Pushing and towing services (CPC 7214)

(h)    Supporting services for maritime transport (part of CPC 745)

(i)    Other supporting and auxiliary services (part of CPC 749)

HR: Unbound except for freight transport agency services.

For Mode 2

None.

B.    Services auxiliary to internal waterways transport

(a)    Cargo-handling services (part of CPC 741)

(b)    Storage and warehouse services (part of CPC 742)

(c)    Freight transport agency services (part of CPC 748)

(d)    Rental of Vessels with Crew (CPC 7223)

(e)    Pushing and towing services (CPC 7224)

(f)    Supporting services for internal waterways transport (part of CPC 745)

(g)    Other supporting and auxiliary services (part of CPC 749)

For Modes 1 and 2

EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.

EU: Unbound for pushing and towing services.

HR: Unbound.

For Mode 1

AT, BG, CY, CZ, DE, EE, FI, HU, LV, LT, MT, RO, SK, SI: Unbound for rental of vessels with crew. SE: None except for pushing/towing and rental of vessels with crew where SE has limitations on cabotage and flag.

C.    Services auxiliary to rail transport

(a)    Cargo-handling services (part of CPC 741)

(b)    Storage and warehouse services (part of CPC 742)

(c)    Freight transport agency services (part of CPC 748)

(d)    Pushing and towing services (CPC 7113)

(e)    Supporting services for rail transport services (CPC 743)

(f)    Other supporting and auxiliary services (part of CPC 749)

For Mode 1

EU: Unbound for pushing and towing services.

HR: Unbound, except for freight transport agency services.

For Mode 2

None.

D.    Services auxiliary to road transport

(a)    Cargo-handling services (part of CPC 741)

(b)    Storage and warehouse services (part of CPC 742)

(c)    Freight transport agency services (part of CPC 748)

(d)    Rental of Commercial Road Vehicles with Operators (CPC 7124)

(e)    Supporting services for road transport (CPC 744)

(f)    Other supporting and auxiliary services (part of CPC 749)

For Mode 1

AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: Unbound for rental of commercial road vehicles with operators.

HR: Unbound except for freight transport agency services and supporting services for road transport that are subject to permit.

For Mode 2

None.

F.    Services auxiliary to pipeline transport of goods other than fuel 43

(a)    Storage and warehouse services of goods other than fuel transported by pipelines (part of CPC 742)

For Mode 1

AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

For Mode 2

None.

13.    OTHER TRANSPORT SERVICES

Provision of Combined Transport Service

All Member States except AT, BG, CY, CZ, EE, HR, HU, LT, LV, MT, PL, RO, SE, SI, SK: None, without prejudice to the limitations inscribed in this List of Commitments affecting any given mode of transport.

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

14.    ENERGY SERVICES

A.    Services Incidental to Mining (CPC 883) 44

For Modes 1 and 2

None.

B.    Pipeline Transportation of fuels (CPC 7131)

For Mode 1

EU: Unbound.

For Mode 2

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

C.    Storage and warehouse services of fuels transported through pipelines (part of CPC 742)

For Mode 1

AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

For Mode 2

None.

D.    Wholesale trade services of solid, liquid and gaseous fuels and related products (CPC 62271)

and wholesale trade services of electricity, steam and hot water

For Mode 1

EU: Unbound for wholesale trade services of electricity, steam and hot water.

For Mode 2

None.

E.    Retailing Services of motor fuel (CPC 613)

For Mode 1

EU: Unbound.

For Mode 2

None.

F.    Retail sales of fuel oil, bottled gas, coal and wood (CPC 63297)

and retailing services of electricity, (nonbottled) gas, steam and hot water

For Mode 1

EU: Unbound for retailing services of electricity, (non-bottled) gas, steam and hot water.

BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, SK, UK: For Retail sales of fuel oil, bottled gas, coal and wood, unbound except for mail order (none for mail order).

For Mode 2

None.

G.    Services incidental to energy distribution (CPC 887)

For Mode 1

EU: Unbound except for consultancy services (none for consultancy services).

For Mode 2

None.

15.    OTHER SERVICES NOT INCLUDED ELSEWHERE

(a)    Washing, Cleaning and Dyeing services (CPC 9701)

For Mode 1

EU: Unbound.

For Mode 2

None.

(b)    Hairdressing services (CPC 97021)

For Mode 1

EU: Unbound.

For Mode 2

None.

(c)    Cosmetic treatment, manicuring and pedicuring services (CPC 97022)

For Mode 1

EU: Unbound.

For Mode 2

None.

(d)    Other beauty treatment services n.e.c (CPC 97029)

For Mode 1

EU: Unbound.

For Mode 2

None.

(e)    Spa services and non therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or rehabilitation purposes 45 (CPC ver. 1.0 97230)

For Mode 1

EU: Unbound.

For Mode 2

None.

(f)    Telecommunications connection services (CPC 7543)

For Modes 1 and 2

None.

Appendix 8-A-2

UNION

SCHEDULE OF SPECIFIC COMMITMENTS IN CONFORMITY WITH ARTICLE 8.12
(SCHEDULE OF SPECIFIC COMMITMENTS)

(ESTABLISHMENT)

1.    The list of commitments below indicates the economic activities liberalised pursuant to Article 8.12 (Schedule of Specific Commitments) and, by means of reservations, the market access and national treatment limitations that apply to establishments and entrepreneurs of Singapore in those activities. The list below is composed of the following elements:

(a)    the first column indicating the sector or sub-sector in which the commitment is undertaken by the Union, and the scope of liberalisation to which the reservations apply; and

(b)    the second column describing the applicable reservations.

Establishment in sectors or sub-sectors covered by this Agreement and not mentioned in the list below is not committed.



2.    In identifying individual sectors and sub-sectors:

(a)    "ISIC rev 3.1" means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 4, ISIC REV 3.1, 2002;

(b)    "CPC" means the Central Products Classification as referred to in footnote 23 to Article 8.21 (Computer Services); and

(c)    "CPC ver. 1.0" means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC ver 1.0, 1998.

3.    The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a market access or a national treatment limitation within the meaning of Articles 8.10 (Market Access) and 8.11 (National Treatment). Those measures (e.g. need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, and non-discriminatory requirement that certain activities may not be carried out in environmental protected zones or areas of particular historic and artistic interest), even if not listed, apply in any case to establishments and entrepreneurs of Singapore.

4.    In accordance with paragraph 2(a) of Article 8.1 (Objective and Scope), the list below does not include measures concerning subsidies granted by a Party.



5.    Notwithstanding Article 8.10 (Market Access), non-discriminatory requirements as regards the type of legal form of an establishment do not need to be specified in the below list of commitments on establishment in order to be maintained or adopted by the Union.

6.    The rights and obligations arising from the list below shall have no self-executing effect and thus confer no rights directly on natural or juridical persons.

7.    The term "investor" mentioned in this schedule of commitments shall be understood as the term of "entrepreneur" defined in paragraph (c) of Article 8.8 (Definitions).

8.    Where the Union maintains a reservation that requires that a service supplier be a citizen, national, permanent resident or resident of its territory as a condition to the supply of a service in its territory, a reservation listed in the list of commitments in Appendix 8-A-3 pursuant to Article 8.13 (Scope and Definitions) with respect to temporary movement of natural persons shall operate as a reservation with respect to the commitments on establishment taken in this Appendix in conformity with Article 8.12 (Schedule of Specific Commitments), to the extent applicable.

9.    The following abbreviations are used in the list below:

AT    Austria

BE    Belgium

BG    Bulgaria

CY    Cyprus

CZ    Czech Republic



DE    Germany

DK    Denmark

EU    European Union, including all its Member States

ES    Spain

EE    Estonia

FI    Finland

FR    France

EL    Greece

HR    Croatia

HU    Hungary

IE    Ireland

IT    Italy

LV    Latvia

LT    Lithuania

LU    Luxembourg

MT    Malta

NL    Netherlands

PL    Poland

PT    Portugal

RO    Romania

SK    Slovakia

SI    Slovenia

SE    Sweden

UK    United Kingdom



Sector or sub-sector

Description of reservations

ALL SECTORS

Real estate

All Member States except AT, BG, CY, CZ, DK, EE, EL, FI, HR, HU, IE, IT, LV, LT, MT, PL, RO, SI, SK: None

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

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

Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited property rights 46 of real estate subject to the permission of the Ministry of Finance. The permission requirement does not apply to persons who have made investments in Bulgaria.

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

CY: Unbound.

CZ: Agricultural and forest land can be acquired by foreign natural and juridical persons with permanent residence in the Czech Republic. Specific rules apply to the agricultural and forest land in the state ownership.

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

EE: Unbound for acquisition of agricultural and forest land. 47

EL: According to Law No. 1892/90, permission from the Minister of Defence is needed for a citizen to acquire land in areas near borders. According to administrative practices, permission is easily granted for direct investment.

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

HR: Unbound in relation to acquisition of real estate by services suppliers not established and incorporated in Croatia. Acquisition of real estate necessary for the supply of services by companies established and incorporated in Croatia as legal persons is allowed. Acquisition of real estate necessary for the supply of services by branches requires the approval of the Ministry of Justice. Agricultural land can be acquired by foreigner juridical or natural persons.

HU: Limitations on acquisition of land and real estate by foreign investors. 48

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

IT: The purchase of real estate by foreign natural and juridical persons is subject to a condition of reciprocity.

LV: Unbound in relation to acquisition of land; land lease not exceeding 99 years permitted.

LT: Unbound for acquisition of land. 49

MT: The requirements of Maltese legislation and regulations regarding acquisition of real property shall continue to apply.

PL: Acquisition of real estate, direct or indirect, by foreigners (a natural or foreign legal persons) requires permission. Unbound for acquisition of state-owned property (i.e. the regulations governing the privatization process).

RO: Natural persons not having Romanian citizenship and residence in Romania, as well as legal persons not having Romanian nationality and their headquarters in Romania, cannot acquire ownership over any kind of land plots, through inter vivos acts.

SI: Juridical persons, established in Slovenia with foreign capital participation, may acquire real estate in the territory of Slovenia. Branches 50 established in Slovenia by foreign persons may only acquire real estate, except land, necessary for the conduct of the economic activities for which they are established.

SK: Limitations on real estate acquisition by foreign physical and legal entities. Foreign entities may acquire real property through establishment of Slovak legal entities or participation in joint ventures. Unbound for land.

ALL SECTORS

Managing directors and auditors

AT: Managing directors of branches of juridical persons have to be resident in Austria. Natural persons within a juridical person or a branch responsible for the observance of the Austrian Trade Act must have a domicile in Austria.

FI: A foreigner carrying on trade as a private entrepreneur needs a trade permit and has to be permanently resident in the Union. For all sectors, except telecommunications services, nationality conditions and residency requirements apply for the managing director of a limited company. For telecommunications services, permanent residency for the managing director.

FR: The managing director of an industrial, commercial or artisanal activity, if not a holder of a residency permit, needs a specific authorisation.

RO: The majority of the commercial companies' auditors and their deputies shall be Romanian citizens.

SE: The managing director of a juridical person or a branch shall reside in Sweden.

ALL SECTORS

Public utilities

EU: Economic activities considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators. 51   52

ALL SECTORS

Types of establishment

EU: Treatment accorded to subsidiaries (of Singapore's companies) formed in accordance with the law of the Member States of the Union and having their registered office, central administration or principal place of business within the Union is not extended to branches or agencies established in the Member States of the Union by Singapore's companies. 53

BG: Establishment of branches is subject to authorisation.

EE: At least half of the members of the management board shall have their residence in the Union.

FI: A Singaporean carrying on trade as a partner in a Finnish limited or general partnership needs a trade permit and has to be permanently resident in the Union. For all sectors except telecommunications services, nationality and residency are required for at least half of the ordinary and deputy members of the board of directors; however exemptions may be granted to certain companies. For telecommunications services, permanent residency is required for half of the founders and half of the members of the board of directors. If the founder is a juridical person, that juridical person is also subject to a residency requirement. If a Singaporean organisation intends to carry on business or trade by establishing a branch in Finland, a trade permit is required. A permission to act as a founder of a limited company is required for a Singaporean organisation or a natural person who is not a citizen of the Union.

IT: Access to industrial, commercial and artisanal activities is subject to a residence permit and specific authorisation to pursue the activities.

BG, PL: The scope of operations of a representative office may only encompass advertising and promotion of the foreign parent company represented by the office.

PL: With the exception of financial services, unbound for branches. Singaporean investors can undertake and conduct economic activity only in the form of a limited partnership, limited joint-stock partnership, limited liability company, and joint-stock company (in the case of legal services only in the form of registered partnership and limited partnership).

RO: The sole administrator or the chairman of the board of administration as well as half of the total number of administrators of the commercial companies shall be Romanian citizens unless otherwise stipulated in the company contract or its statutes. The majority of the commercial companies' auditors and their deputies shall be Romanian citizens.

SE: A Singaporean company (which has not established a legal entity in Sweden) shall conduct its commercial operations through a branch, established in Sweden with independent management and separate accounts. Building projects with a duration of less than a year are exempted from the requirements of establishing a branch or appointing a resident representative. A limited liability company (joint stock company) may be established by one or several founders. The founder or founders shall either reside in Sweden or be a Swedish legal entity. A partnership can only be a founding party if each partner resides in Sweden. Corresponding conditions apply to establishment of all other types of legal entities. At least 50 per cent of the members of the board shall reside in Sweden. Foreign or Swedish citizens not residing in Sweden, who wishes to conduct commercial operations in Sweden, shall appoint, and register with the local authority, a resident representative responsible for such activities. Residency condition might be waived if it can be proved that they are not necessary in a given case.

SK: A Singaporean natural person whose name is to be registered in the Commercial Register as a person authorised to act on behalf of the entrepreneur is required to submit residence permit for Slovakia.

ALL SECTORS

Investment

DK: The establishment of branches by foreign companies outside the Union depend on whether the relevant country has agreed in an international agreement. Retail planning in Denmark is regulated by the Planning Act and has criteria for size and location of stores for retail business. Regulations of size and location are only based on environmental matters. Therefore foreign business of retail does not need a special authorisation or permit before investment in Demark.

ES: Investment in Spain by foreign governments and foreign public entities 54 , directly or through companies or other entities controlled directly or indirectly by foreign governments, needs prior authorisation by the government.

BG: In enterprises where the public (State or municipal) share in the equity capital exceeds 30 per cent, the transfer of these shares to third parties needs authorisation. 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. Foreign investors cannot participate in privatisation. Foreign investors and Bulgarian juridical persons with controlling Singaporean participation require permission for:

(a)    prospecting, development or extraction of natural resources from the territorial seas, the continental shelf or the exclusive economic zone; and

(b)–    acquisition of a controlling equity interests in companies engaged in any of the activities specified under (a).

FR: Singaporean purchases exceeding 33.33 per cent of the shares of capital or voting rights in existing French enterprises, or 20 per cent in publicly quoted French companies, are subject to the following regulations:

–    investments of less than 7.6 million euros in French enterprises with a turnover not exceeding 76 million euros are free, after a delay of 15 days following prior notification and verification that these amounts are met;

–    after a period of one month following prior notification, authorisation is tacitly granted for other investments unless the Minister of Economic Affairs has, in exceptional circumstances, exercised its right to postpone the investment.

Foreign participation in newly privatised companies may be limited to a variable amount, determined by the government of France on a case by case basis, of the equity offered to the public. For establishing in certain commercial, industrial or artisanal activities, a specific authorisation is needed if the managing director is not a holder of a permanent residence permit.

FI: Acquisition of shares by Singaporean owners giving more than one third of the voting rights of a major Finnish company or a major business undertaking (with more than 1000 employees, with a turnover exceeding 168 million euros or with a balance sheet total 55 exceeding 168 million euros) is subject to confirmation by the Finnish authorities. This confirmation may be denied only if an important national interest would be jeopardized. These limitations do not apply to telecommunications services.

HU: Unbound for Singaporean participation in newly privatised companies.

IT: Exclusive rights may be granted to or maintained in respect of newlyprivatised companies. Voting rights in newly privatised companies may be restricted in some cases. For a period of five years from the date of entry into force of this Agreement, the acquisition of large equity stakes of companies operating in the fields of defence, transport services, telecommunications and energy may be subject to the approval of the competent authorities.

ALL SECTORS

Geographical zones

FI: In the Åland Islands, limitations on the right of establishment by natural persons who do not enjoy regional citizenship in Åland or by any juridical person without permission by the competent authorities of the Åland Islands.

1.    AGRICULTURE, HUNTING, FORESTRY

A.    Agriculture, hunting (ISIC rev 3.1: 011, 012, 013, 014, 015) excluding advisory and consultancy services 56

AT, HR, HU, MT, RO, SI: Unbound for agricultural activities.

CY: The participation of Singaporean investors is allowed only up to 49 per cent.

FR: The establishment of agricultural enterprises by Singaporean nationals and the acquisition of vineyards by Singaporean investors are subject to authorisation.

IE: Establishment by Singaporean residents in flour milling activities is subject to authorisation.

B.    Forestry and logging (ISIC rev 3.1: 020) excluding advisory and consultancy services 57

BG: Unbound for logging activities.

2.    Fishing and aquaculture (ISIC rev.3.1: 0501, 0502) excluding advisory and consultancy services 58

Unbound.

3.    Mining and quarrying 59

A.    Mining of coal and lignite; extraction of peat (ISIC rev 3.1: 10)

B.    Extraction of crude petroleum and natural gas 60 (ISIC rev 3.1: 1110)

C.    Mining of metal ores (ISIC rev 3.1: 13)

D.    Other mining and quarrying (ISIC rev 3.1: 14)

EU: Unbound for juridical persons controlled 61 by natural or juridical persons of a nonUnion country which accounts for more than 5 per cent of the Union's oil or natural gas imports. Unbound for direct branching (incorporation is required). Unbound for extraction of crude petroleum and natural gas.

4.    Manufacturing 62

A.    Manufacture of food products and beverages (ISIC rev 3.1: 15)

None

B.    Manufacture of tobacco products (ISIC rev 3.1: 16)

None

C.    Manufacture of textiles (ISIC rev 3.1: 17)

None

D.    Manufacture of wearing apparel; dressing and dyeing of fur (ISIC rev 3.1: 18)

None

E.    Tanning and dressing of leather; manufacture of luggage, handbags, saddlery, harness and footwear (ISIC rev 3.1: 19)

None

F.    Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials (ISIC rev 3.1: 20)

None

G.    Manufacture of paper and paper products (ISIC rev 3.1: 21)

None.

H.    Publishing, printing and reproduction of recorded media 63 (ISIC rev 3.1: 22, excluding publishing and printing on a fee or contract basis 64 )

IT: Nationality condition for owner of publishing and printing company

HR: Residence requirement.

I.    Manufacture of coke oven products
(ISIC rev 3.1: 231)

None.

J.    Manufacture of refined petroleum products 65 (ISIC rev 3.1: 232)

EU: Unbound for juridical persons controlled 66 by natural or juridical persons of a nonUnion country which accounts for more than 5 per cent of the Union's oil or natural gas imports. Unbound for direct branching (incorporation is required).

K.    Manufacture of chemicals and chemical products other than explosives (ISIC rev 3.1: 24 excluding manufacturing of explosives)

None.

L.    Manufacture of rubber and plastics products (ISIC rev 3.1: 25)

None.

M.    Manufacture of other nonmetallic mineral products (ISIC rev 3.1: 26)

None.

N.    Manufacture of basic metals (ISIC rev 3.1: 27)

None.

O.    Manufacture of fabricated metal products, except machinery and equipment (ISIC rev 3.1: 28)

None.

P.    Manufacture of machinery

(a)    Manufacture of general purpose machinery (ISIC rev 3.1: 291)

None.

(b)    Manufacture of special purpose machinery other than weapons and munitions (ISIC rev 3.1: 2921, 2922, 2923, 2924, 2925, 2926, 2929)

None.

(c)    Manufacture of domestic appliances n.e.c. (ISIC rev 3.1: 293)

None.

(d)    Manufacture of office, accounting and computing machinery (ISIC rev 3.1: 30)

None.

(e)    Manufacture of electrical machinery and apparatus n.e.c. (ISIC rev 3.1: 31)

None.

(f)    Manufacture of radio, television and communication equipment and apparatus (ISIC rev 3.1: 32)

None.

Q.    Manufacture of medical, precision and optical instruments, watches and clocks (ISIC rev 3.1: 33)

None.

R.    Manufacture of motor vehicles, trailers and semitrailers (ISIC rev 3.1: 34)

None.

S.    Manufacture of other (nonmilitary) transport equipment (ISIC rev 3.1: 35 excluding manufacturing of warships, warplanes and other transport equipment for military use)

None.

T.    Manufacture of furniture; manufacturing n.e.c. (ISIC rev 3.1: 361, 369)

None.

U.    Recycling (ISIC rev 3.1: 37)

None.

5.    PRODUCTION; TRANSMISSION AND DISTRIBUTION ON OWN ACCOUNT OF ELECTRICITY, GAS, STEAM AND HOT WATER 67 (excluding nuclear based electricity generation)

A.    Production of electricity; transmission and distribution of electricity on own account (part of ISIC rev 3.1: 4010) 68

EU: Unbound.

B.    Manufacture of gas; distribution of gaseous fuels through mains on own account (part of ISIC rev 3.1: 4020) 69

EU: Unbound.

C.    Production of steam and hot water; distribution of steam and hot water on own account (part of ISIC rev 3.1: 4030) 70

EU: Unbound for juridical persons controlled 71 by natural or juridical persons of a non- Union country which accounts for more than 5 per cent of the Union's oil or natural gas imports. Unbound for direct branching (incorporation is required).

6.    BUSINESS SERVICES

A.    Professional Services

(a)    Legal Services 72 (CPC 861) 73

AT: Singaporean lawyers' (who must be fully qualified in Singapore) equity participation and shares in the operating results of any law firm may not exceed 25 per cent. They may not have decisive influence in decision making.

excluding legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, "huissiers de justice" or other "officiers publics et ministériels".

BE: Quotas apply for representation before the "Cour de cassation" in non-criminal cases

FR: Lawyers' access to the profession of "avocat auprès de la Cour de Cassation" and "avocat auprès du Conseil d'Etat" is subject to quotas.

DK: Only lawyers with a Danish license to practice and law firms registered in Denmark may own shares in a Danish law firm. Only lawyers with a Danish license to practise may sit on the board or be part of the management of a Danish law firm. Requirement of a Danish legal examination in order to obtain a Danish licence.

FR: Some types of legal form ("association d'avocats" and "société en participation d'avocat") are reserved to lawyers fully admitted to the Bar in France. In a law firm providing services in respect of French or Union law, at least 75 per cent of the partners holding 75 per cent of the shares shall be lawyers fully admitted to the Bar in France.

HR:. Representation of parties before courts can be practised only by the members of the Bar Council of Croatia (Croatian title "odvjetnici"). Citizenship requirement for membership in the Bar Council.

HU: Commercial presence should take the form of partnership with a Hungarian barrister (ügyvéd) or a barrister's office (ügyvédi iroda), or a representative office.

PL: While other types of legal form are available for Union lawyers, foreign lawyers only have access to the legal forms of registered partnership and limited partnership.

(b)    1. Accounting and Bookkeeping Services (CPC 86212 other than "auditing services", CPC 86213, CPC 86219 and CPC 86220)

AT: Singaporean accountants' (who must be authorised according to the law of Singapore) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 per cent, if they are not members of the Austrian Professional Body.

CY: Access is subject to an economic needs test. Main criteria: the employment situation in the sub-sector.

DK: In order to enter into partnerships with Danish authorised accountants, foreign accountants have to obtain permission from the Danish Commerce and Companies Agency.

(b)    2. Auditing services (CPC 86211 and 86212 other than accounting services)

AT: Singaporean auditors' (who must be authorised according to the law of Singapore) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 per cent, if they are not members of the Austrian Professional Body.

CY: Access is subject to an economic needs test. Main criteria: the employment situation in the sub-sector.

CZ and SK: At least 60 per cent of capital share or voting rights are reserved to nationals.

DK: In order to enter into partnerships with Danish authorised accountants, foreign accountants have to obtain permission from the Danish Commerce and Companies Agency.

HR: None, except that auditing can be performed only by legal persons.

LV: In a commercial company of sworn auditors more than 50 per cent of the voting capital shares shall be owned by sworn auditors or commercial companies of sworn auditors of the Union.

LT: Not less than 75 per cent of shares should belong to auditors or auditing companies of the Union.

SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, inter alia, in all limited companies. Only such persons may be shareholders or form partnerships in companies which practice qualified auditing (for official purposes). The titles of "approved auditor" and "authorised auditor" may only be used by auditors approved or authorised in Sweden and auditors of co-operative economic associations and certain other enterprises who are not certified or approved accountants must be resident within the European Economic Area, unless the Government or a Government authority appointed by the Government in a separate case allows otherwise. Residency required for approval.

(c)    Taxation Advisory Services (CPC 863) 74

AT: Singaporean tax advisors' (who must be authorised according to the law of Singapore) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 per cent. This limitation applies only to non-members of the Austrian Professional Body.

CY: Access is subject to an economic needs test. Main criteria: the employment situation in the sub-sector.

(d)    Architectural services

and

(e)    Urban planning and landscape architectural services (CPC 8671 and CPC 8674)

BG: For projects of national or regional significance, Singaporean investors have to act in partnership with or, as subcontractors of, local investors.

LV: For architectural services, in order to receive a licence enabling to engage in business activity with full range of legal responsibility and rights to sign a project, practice of 3 years in Latvia in the field of projecting and university degree is required.

FR: Provision through SEL (anonyme, à responsabilité limitée ou en commandite par actions) or SCP only.

(f)    Engineering services

and

(g)    Integrated engineering services (CPC 8672 and CPC 8673)

BG: For projects of national or regional significance, Singaporean investors have to act in partnership with or, as subcontractors of, local investors.

(h)    Medical (including psychologists) and Dental services (CPC 9312 and part of CPC 85201)

CY, EE, FI, MT: Unbound.

AT: Unbound except for dental services and for psychologists and psychotherapists, and none for dental services and for psychologists and psychotherapists.

DE: An economic needs test when medical doctors and dentists are authorised to treat members of public insurance schemes. Main criteria: shortage of doctors and dentists in the given region.

FR: While other types of legal form are available for investors of the Union, Singaporean investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle".

HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.

LV: Economic needs test. Main criteria: shortage of doctors and dentists in the given region.

BG, LT: The supply of service is subject to authorisation which is based on a health services plan established in function of needs, taking into account population and existing medical and dental services.

SI: Unbound for social medicine, sanitary, epidemiological, medical/ecological services; the supply of blood, blood preparations and transplants; and autopsy.

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

(i)    Veterinary services (CPC 932)

AT, CY, EE, MT, SI: Unbound.

BG: Economic needs test. Main criteria: population and density of existing business.

HU: Economic needs test. Main criteria: labour market conditions in the sector.

FR: Provision through "société d'exercice libérale" or "société civile professionnelle" only.

PL: Foreign persons may apply for permission to practice.

(j)    1. Midwives services (part of CPC 93191)

BG, CZ, FI, HU, MT, SI, SK: Unbound.

FR: While other types of legal form are available for investors of the Union, Singaporean investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle".

LT: An economic needs test may be applied. Main criteria: employment situation in the sub-sector.

HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.

(j)    2. Services provided by Nurses, Physiotherapists and Paramedical Personnel (part of CPC 93191)

AT: Foreign investors are only allowed in the following activities: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians.

BG, MT: Unbound.

FI, SI: Unbound for physiotherapists and paramedical personnel.

FR: While other types of legal form are available for investors of the Union, Singaporean investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle".

LT: An economic needs test may be applied. Main criteria: employment situation in the sub-sector.

LV: Economic needs test for foreign physiotherapists and paramedical personnel. Main criteria: employment situation in the given region.

HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.

(k)    Retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods (CPC 63211)

and other services supplied by pharmacists 75

AT, BG, CY, FI, MT, PL, RO, SE, SI: Unbound.

BE, DE, DK, EE, ES, FR, IT, HR, HU, IE, LV, PT, SK: Authorisation is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies.

B.    Computer and Related Services (CPC 84)

None.

C.    Research and Development Services 76

(a)    R&D services on natural sciences (CPC 851)

EU: For publicly funded R&D services, exclusive rights and/or authorisations can only be granted to nationals of Member States of the Union and to juridical persons of the Union having their headquarters in the Union.

(b)    R&D services on Social Sciences and Humanities (CPC 852 excluding psychologists services) 77

None

(c)    Interdisciplinary R&D services (CPC 853)

EU: For publicly funded R&D services, exclusive rights and/or authorisations can only be granted to nationals of Member States of the Union and to juridical persons of the Union having their headquarters in the Union.

D.    Real Estate Services 78

(a)    Involving Own or Leased Property (CPC 821)

None except DK: The title of "real estate agent" may only be used by people who have been admitted to the real estate agent register. Section 25(2) of the Act on the sale of real estate lays down the requirements for who can be admitted to the register. Amongst others, the Act requires that the applicant is a Danish resident or resident of the Union, the European Economic Area or Switzerland. Furthermore some requirements to the applicants' theoretical insight and practical knowledge must be considered as laid down by the Danish Authority of Enterprise and Construction guidelines. The Act on the sale of real estate is only applicable when dealing with Danish consumers. Other legislation concerning the access for foreigners to buy/sell property in Denmark can be applicable, e.g. residency requirements.

(b)    On a Fee or Contract Basis (CPC 822)

None.

E.    Rental/Leasing Services without Operators

(a)    Relating to Ships (CPC 83103)

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LV LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating with a fleet under the national flag of the State of establishment.

LT: Ships must be owned by Lithuanian natural persons or companies established in Lithuania.

SE: In the case of Singaporean ownership interests in a ship, proof of dominating Swedish operating influence must be shown to fly the Swedish flag.

(b)    Relating to Aircraft (CPC 83104)

EU: Aircraft used by an air carrier of the Union have to be registered in the Member State of the Union licensing the carrier or elsewhere in the Union. The aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control (including nationality of directors). Waivers can be granted for short term lease contracts or under exceptional circumstances.

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

None.

(d)    Relating to Other Machinery and Equipment (CPC 83106, CPC 83107, CPC 83108 and CPC 83109)

None.

(e)    Relating to personal and household goods (CPC 832)

None, except:

BE, FR: unbound for CPC 83202.

(f)    Telecommunications equipment rental (CPC 7541)

None

F.    Other Business Services

(a)    Advertising (CPC 871)

None.

(b)    Market Research and Opinion Polling (CPC 864)

None.

(c)    Management Consulting Services (CPC 865)

None.

(d)    Services Related to Management Consulting (CPC 866)

HU: Unbound for arbitration and conciliation services (CPC 86602).

(e)    Technical Testing and Analysis Services 79 (CPC 8676)

None, except SK: No direct branching (incorporation is required).

(f)    Advisory and Consulting services incidental to Agriculture, Hunting and Forestry (part of CPC 881)

None.

(g)    Advisory and Consulting Services Relating to Fishing (part of CPC 882)

None.

(h)    Advisory and Consulting Services incidental to Manufacturing (part of CPC 884 and part of CPC 885)

None.

(i)    Placement and Supply Services of Personnel

(i)    1. Executive search (CPC 87201)

BG, CY, CZ, DE, EE, FI, HR, LV, LT, MT, PL, PT, RO, SK, SI: Unbound.

ES: State monopoly.

(i)    2. Placement Services (CPC 87202)

AT, BG, CY, CZ, EE, FI, HR, LV, LT, MT, PL, PT, RO, SK: Unbound.

BE, ES, FR, IT: State monopoly.

DE: Authorisation is subject to an economic needs test. Main criteria: situation and development of the labour market.

(i)    3. Supply Services of office support personnel (CPC 87203)

AT, BG, CY, CZ, DE, EE, FI, HR, LV, LT, MT, PL, PT, RO, SK, SI: Unbound.

IT: State monopoly.

(i)    4. Model agency Services (part of CPC 87209)

None.

(i)    5. Supply services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPCs 87204, 87205, 87206, 87209)

All Member States except HU: Unbound.

HU: None.

(j)    1. Investigation Services (CPC 87301)

BE, BG, CY, CZ, DE, ES, EE, FR, EL, HR, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI: Unbound.

(j)    2. Security Services (CPC 87302, CPC 87303, CPC 87304 and CPC 87305)

DK: Nationality and residency requirements for members of the board. Unbound for the supply of airport guard services.

HR: Unbound.

BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SI, SK: Licence may be granted only to nationals and to national registered organisations.

ES: Access is subject to prior authorisation. In granting the authorisation, the Council of Ministers takes into account conditions such as competence, professional integrity and independence, adequacy of the protection provided for the security of the population and the public order.

(k)    Related Scientific and Technical Consulting Services 80 (CPC 8675)

FR: Foreign investors are required to have a specific authorisation for exploration and prospection services.

(l)    1. Maintenance and repair of vessels (part of CPC 8868)

None.

(l)    2. Maintenance and Repair of Rail Transport Equipment (part of CPC 8868)

LV: State monopoly.

SE: An economic needs test applies when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints.

(l)    3. Maintenance and Repair of motor vehicles, motorcycles, snowmobiles and road transport Equipment (CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868)

SE: An economic needs test applies when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space and capacity constraints.

(l)    4. Maintenance and Repair of Aircraft and parts thereof (part of CPC 8868)

None.


(l)    5. Maintenance and Repair services of metal products, of (non-office) machinery, of (nontransport and nonoffice) equipment and of personal and household goods 81 (CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)

None.

(m)    Building-Cleaning Services (CPC 874)

None.

(n)    Photographic Services (CPC 875)

None.

(o)    Packaging Services (CPC 876)

None.

(p)    Printing and Publishing (CPC 88442)

LT, LV: Establishment rights in the publishing sector are granted only to nationally incorporated juridical persons (no branches).

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

HR: Residency requirements for publisher and editorial board.

(q)    Convention Services (part of CPC 87909)

None.

(r)    1. Translation and Interpretation Services (CPC 87905)

DK: Unbound

PL: Unbound for the supply of sworn interpretation services.

BG, HU, SK: Unbound for official translation and interpretation.

HR: Unbound for translation and interpretation services for/before Croatian courts.

(r)    2. Interior Design and other Specialty Design Services (CPC 87907)

None.

(r)    3. Collection Agency Services (CPC 87902)

IT, PT: Nationality condition for investors.

DK: Debt collection agency services are regulated by Law No. 319 of 14 May 1997 (with subsequent amendments) on debt collection. The act contains a number of requirements for debt collection services in Denmark.

Among other matters the act sets up rules for the authorisation for the debt collector, approval of staff involved in debt collection, provision regarding the debt collection and revocation of authorisation for the debt collector.

(r)    4. Credit reporting services (CPC 87901)

BE: For consumer credit databanks, a nationality condition for investors.

IT, PT: A nationality condition for investors.

(r)    5. Duplicating services (CPC 87904) 82

None.

(r)    6. Telecommunications consulting services (CPC 7544)

None.

(r)    7. Telephone answering services (CPC 87903)

None.

7.    COMMUNICATION SERVICES

A.    Postal and Courier Services (Services relating to the handling 83 of postal items 84 according to the following list of sub-sectors, whether for domestic or foreign destinations:

(i)    Handling of addressed written communications on any kind of physical medium 85 , including Hybrid mail service and Direct mail;

(ii)    Handling of addressed parcels and packages 86 ;

None.

(iii)    Handling of addressed press products 87 ;

(iv)    Handling of items referred to in (i) to (iii) above as registered or insured mail;

(v)    Express delivery services 88 for items referred to in (i) to (iii) above;

(vi)    Handling of non-addressed items; and

(vii)    Document exchange 89 .

Sub-sectors (i), (iv) and (v) are however excluded when they fall into the scope of the services which may be reserved for items of correspondence the price of which is less than five times the public basic tariff, provided that they weigh less than 100 grams 90 , and for the registered mail service used in the course of judicial or administrative procedures.)

(part of CPC 751, part of CPC 71235 91 and part of CPC 73210 92 )

B.    Telecommunications Services

These services do not cover the economic activity consisting of the provision of content which requires telecommunications services for its transport.

(a)    All services consisting of the transmission and reception of signals by any electromagnetic means 93 , excluding broadcasting 94

None. 95

8.    CONSTRUCTION AND RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518)

None.

9.    DISTRIBUTION SERVICES (excluding distribution of arms, munitions, explosives and other war material)

All sub-sectors mentioned below 96

AT: Unbound for distribution of pyrotechnical goods, of ignitable articles and blasting devices, and of toxic substances. For the distribution of pharmaceutical products and tobacco products, exclusive rights and/or authorisations can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union.

FI: Unbound for distribution of alcoholic beverages and pharmaceutical products.

HR: Unbound for distribution of tobacco products.

A.    Commission Agents' Services

(a)    Commission Agents' Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (part of CPC 61111, part of CPC 6113 and part of CPC 6121)

None.

(b)    Other Commission Agents' Services (CPC 621)

None.

B.    Wholesale Trade Services

(a)    Wholesale Trade Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (part of CPC 61111, part of CPC 6113 and part of CPC 6121)

None.

(b)    Wholesale Trade Services of telecommunication terminal equipment (part of CPC 7542)

None.

(c)    Other wholesale trade services (CPC 622 excluding wholesale trade services of energy products 97 )

FR, IT: State monopoly on tobacco.

FR: Authorisation of wholesale pharmacies is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies.

C.    Retailing Services 98

Retailing Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof (CPC 61112, part of CPC 6113 and part of CPC 6121)

Retailing Services of telecommunication terminal equipment (part of CPC 7542)

ES, FR, IT: State monopoly on tobacco.

BE, BG, DK, FR, IT, MT, PT: Authorisation for department stores (in the case of FR only for large stores) is subject to an economic needs test. Main criteria: number of and impact on existing stores, population density, geographic spread, impact on traffic conditions and creation of new employment.

IE, SE: Unbound for the retail sale of alcoholic beverages.

Food retailing services (CPC 631)

Retailing services of other (non-energy) goods, except retail sales of pharmaceutical, medical and orthopaedic goods 99 (CPC 632 excluding CPC 63211 and 63297)

SE: Authorisation for temporary trade in clothing, shoes and foodstuffs that are not consumed at the point of sale may be subject to an economic needs test. Main criteria: impact on existing stores in the geographic area in question.

D.    Franchising (CPC 8929)

None.

10.    EDUCATIONAL SERVICES (only privately funded services)

A.    Primary Education Services (CPC 921)

B.    Secondary Education Services (CPC 922)

C.    Higher Education Services (CPC 923)

D.    Adult Education Services (CPC 924)

EU: Participation of private operators in the education network is subject to concession.

AT: Unbound for higher education services and for adult schools by means of radio or television broadcasting.

BG: Unbound for the supply of primary and/or secondary education services by foreign natural persons and associations, and for the supply of higher education services.

CZ, SK: Nationality condition for the majority of members of the board. Unbound for the supply of higher education services except for post-secondary technical and vocational education services (CPC 92310).

CY, FI, MT, RO, SE: Unbound.

EL: A nationality condition for the majority of members of the board in primary and secondary schools. Unbound for higher education institutions granting recognised State diplomas.

ES, IT: Economic needs test for establishing private universities authorised to issue recognised diplomas or degrees. The relevant procedure involves an advice of the Parliament. Main criteria: population and density of existing establishments.

HR: Unbound for Primary Education Services (CPC 921). For Secondary Education Services: None for legal persons.

HU, SK: The number of schools being established may be limited by local authorities (or in the case of high schools and other higher education institutions by central authorities) in charge of granting licenses.

LV: Unbound for the supply of education services relating to technical and vocational secondary school-type education services for handicapped students (CPC 9224).

SI: Unbound for primary schools. Nationality condition for the majority of members of the board in secondary and high schools.

E.    Other education services (CPC 929)

AT, BE, BG, CY, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SI, SE, UK: Unbound.

CZ, SK: Participation of private operators in the education network is subject to concession. Nationality condition for the majority of members of the board.

11.    ENVIRONMENTAL SERVICES 100

A.    Waste Water Services (CPC 9401) 101

B.    Solid/hazardous waste management, excluding crossborder transport of hazardous waste

(a)    Refuse Disposal Services (CPC 9402)

None.

(b)    Sanitation and Similar Services (CPC 9403)

C.    Protection of ambient air and climate (CPC 9404) 102

D.    Remediation and clean up of soil and waters

(a)    Treatment, remediation of contaminated/polluted soil and water (part of CPC 9406) 103

E.    Noise and vibration abatement (CPC 9405)

F.    Protection of biodiversity and landscape

(a)    Nature and landscape protection services (part of CPC 9406)

G.    Other environmental and ancillary services (CPC 9409)

12.    FINANCIAL SERVICES

A.    Insurance and insurancerelated services

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

BG, ES: Before establishing a branch or agency in Bulgaria or Spain to provide certain classes of insurance, a Singaporean insurer must have been authorised to operate in the same classes of insurance in Singapore for at least five years.

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

FI: At least one half of the promoters and members of the board of directors and the supervisory board of an insurance company shall have their place of residence in the Union, unless the competent authorities have granted an exemption. Singaporean insurers cannot get a licence in Finland as a branch to carry on statutory pension insurance.

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

BG, PL: Local incorporation (no branches) required for insurance intermediaries.

PT: In order to establish a branch in Portugal, Singaporean insurance companies need to demonstrate prior operational experience of at least five years. Direct branching is not permitted for insurance intermediation, which is reserved to companies formed in accordance with the law of a Member State of the Union.

SK: Singaporean nationals may establish an insurance company in the form of a joint stock company or may conduct insurance business through their subsidiaries with registered office in Slovakia (no branches).

SI: Foreign investors cannot participate in insurance companies under privatisation. Membership of the mutual insurance institution is limited to companies established in Slovenia (no branches) and domestic natural persons. For providing consultancy and claim settlement services, incorporation is required as a legal entity (no branches).

SE: Insurance broking undertakings not incorporated in Sweden may be established only through a branch.

B.    Banking and other financial services (excluding insurance)

EU: Only firms having their registered office in the Union 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 Union, is required to perform the activities of management of unit trusts and investment companies.

BG: Pension insurance shall be implemented through participation in incorporated pension insurance companies (no branches). Permanent residency in Bulgaria is required for the chairperson of the management board and the chairperson of the board of directors.

CY: Only members (brokers) of the Cyprus Stock Exchange can undertake business pertaining to securities brokerage in Cyprus. A brokerage firm may only be registered as a member of the Cyprus Stock Exchange if it has been established and registered in accordance with the Companies Law of Cyprus (no branches).

HR: None, except for settlement and clearing services where the Central Depositary Agency (CDA) is the sole supplier in Croatia. Access to the services of the CDA will be granted to non-residents on a non-discriminatory basis.

HU: Branches of Singaporean institutions are not allowed to provide asset management services for private pension funds or management of venture capital. The board of a financial institution should include at least two members, who are Hungarian citizens, residents in the meaning of the relevant foreign exchange regulations and have permanent residency in Hungary for at least one year.

IE: In the case of collective investment schemes constituted as unit trusts and variable capital companies (other than undertakings for collective investment in transferable securities, UCITS), the trustee/depository and management company is required to be incorporated in Ireland or in another Member State of the Union (no branches). In the case of an investment limited partnership, at least one general partner must be incorporated in Ireland. To become a member of a stock exchange in Ireland, an entity must either (a) be authorised in Ireland, which requires that it be incorporated or be a partnership, with a head/registered office in Ireland, or (b) be authorised in another Member State of the Union in accordance with the Union directive on investment and services.

IT: In order to be authorised to manage the securities settlement system with an establishment in Italy, a company is required to be incorporated in Italy (no branches). In order to be authorised to manage central securities depository services with an establishment in Italy, companies are required to be incorporated in Italy (no branches). In the case of collective investment schemes other than UCITS harmonised under the legislations of the Union, the trustee/ depository is required to be incorporated in Italy or in another Member State of the Union and established through a branch in Italy. Management companies of UCITS not harmonised under the legislations of the Union are also required to be incorporated in Italy (no branches). Only banks, insurance companies, investment firms, and companies managing UCITS harmonised under the legislations of the Union, having their legal head office in the Union, as well as UCITS incorporated in Italy may carry out activity of pension fund resources management. In providing the activity of door-to-door selling, intermediaries must utilise authorised financial salesmen resident within the territory of a Member State of the Union. Representative offices of foreign intermediaries cannot carry out activities aimed at providing investment services.

LT: For the purpose of asset management, incorporation as a specialised management company is required (no branches). Only firms having their registered office in Lithuania can act as the depositories of the assets.

PT: Pension fund management may be provided only by companies incorporated in Portugal and specialised for that purpose and by insurance companies established in Portugal and authorised to take up life insurance business or by entities authorised for pension fund management in other Member States of the Union (unbound for direct branching from non- Union countries).

RO: Branches of foreign institutions are not allowed to provide asset management services.

SK: Investment services in Slovakia can be provided by banks, investment companies, investment funds and security dealers which have legal form of jointstock company with equity capital according to the law (no branches).

SI: Unbound for participation in banks under privatisation and for private pension funds (non-compulsory pension funds).

SE: A founder of a savings bank shall be a natural person resident in the Union.

13.    HEALTH SERVICES AND SOCIAL SERVICES 104 (only privately funded services)

A.    Hospital Services (CPC 9311)

B.    Ambulance Services (CPC 93192)

C.    Residential health facilities other than hospital services (CPC 93193)

D.    Social Services (CPC 933)

EU: Participation of private operators in the health and social network is subject to concession. 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.

AT, SI: Unbound for ambulance services.

BG: Unbound for hospital services, for ambulance services and for residential health facilities other than hospital services.

CY, CZ, FI, MT, SE, SK: Unbound.

HU: Unbound for social services.

PL: Unbound for ambulance services, for residential health facilities other than hospital services, and for social services.

BE, UK: Unbound for ambulance services, for residential health facilities other than hospital services, and for social services other than convalescent and rest houses and old people's homes.

HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.

14.    TOURISM AND TRAVEL RELATED SERVICES

A.    Hotel, Restaurants and Catering (CPC 641, CPC 642 and CPC 643)

excluding catering in air transport services

BG: Incorporation is required (no branches).

IT: An economic needs test applies to bars, cafes and restaurants. Main criteria: population and density of existing establishments.

HR: Location in the protected areas of particular historic and artistic interest and within national or landscape parks is subject to approval by the Government of the Republic of Croatia which can be denied.

B.    Travel Agencies and Tour Operators Services (including tour managers) (CPC 7471)

BG: Unbound for direct branching (incorporation is required).

PT: Requirement of constitution of a commercial company having its corporate base in Portugal (unbound for branches).

C.    Tourist Guides Services (CPC 7472)

None.

15.    RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services)

A.    Entertainment Services (including Theatre, Live Bands, Circus and Discotheque Services) (CPC 9619)

CY, CZ, FI, MT, PL, RO, SI, SK: Unbound.

BG: Unbound except for theatrical producer, singer group, band and orchestra entertainment services (CPC 96191), services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192), and ancillary theatrical services (CPC 96193).

EE: Unbound for other entertainment services (CPC 96199) except for cinema theatre services.

LV: Unbound except for cinema theatre operation services (part of CPC 96199).

B.    News and Press Agencies Services (CPC 962)

FR: Foreign participation in French companies publishing publications in the French language may not exceed 20 per cent of the capital or of voting rights in the company. Press agencies: Unbound, except that Singaporean press agencies may establish a branch or office in France for the sole purpose of collecting news. For greater certainty, such branch or office may not distribute news.

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

PT: News companies, incorporated in Portugal in the juridical form of "Sociedade Anónima", must have the social capital in the form of nominal stocks.

C.    Libraries, archives, museums and other cultural services 105 (CPC 963)

BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HR, HU, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

AT, LT: Participation of private operators in the libraries, archives, museums and other cultural services' network is subject to concession or licence.

D.    Sporting services (CPC 9641)

AT, SI: Unbound for ski school services and mountain guide services.

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

E.    Recreation park and beach Services (CPC 96491)

None.

16.    TRANSPORT SERVICES

A.    Maritime transport 106

(a)    International passenger transportation (CPC 7211 less national cabotage transport 107 ).

(b)    International freight transportation (CPC 7212 less national cabotage transport 108 )

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.

B.    Internal Waterways Transport

(a)    Passenger transportation (CPC 7221 less national cabotage transport 109 )

(b)    Freight transportation (CPC 7222 less national cabotage transport 110 )

EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.

SK: Unbound for direct branching (incorporation is required).

AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as a legal person, nationality condition for the managing board and the supervisory board. Registered company or permanent establishment in Austria is required. In addition, the majority of business shares must be held by the citizens of the Union.

HR: Unbound.

BG: Unbound for direct branching (incorporation is required).

HU: Participation of the State may be required in an establishment.

FI: Services can be provided only by ships operating under the Finnish flag.

C.    Rail Transport 111

(a)    Passenger transportation (CPC 7111)

(b)    Freight transportation (CPC 7112)

BG, SK: Unbound for direct branching (incorporation is required).

HR: Unbound.

D.    Road Transport 112

(a)    Passenger Transportation (CPC 7121 and CPC 7122)

EU: Foreign investors cannot provide transport services within a Member State (cabotage), except for rental of nonscheduled services of buses with operator.

EU: Economic needs test for taxi services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment.

AT: Exclusive rights and/or authorisation can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union.

BG: Exclusive rights and/or authorisation can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union. Unbound for direct branching (incorporation is required). FI, LV: Authorisation is required, not extended to foreign registered vehicles.

LV and SE: Requirement for established entities to use vehicles with national registration.

ES: Economic needs test for CPC 7122. Main criteria: local demand.

IT, PT: Economic needs test for limousine services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment.

ES, IE, IT: Economic needs test for intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment.

FR: Unbound for intercity bussing services.

(b)    Freight Transportation 113 (CPC 7123, excluding transportation of postal and courier items on own account 114 ).

AT, BG: Exclusive rights and/or authorisation can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union.

BG: Unbound for direct branching (incorporation is required).

FI, LV: Authorisation is required, not extended to foreign registered vehicles.

LV and SE: Requirement for established entities to use vehicles with national registration.

IT, SK: Economic needs test. Main criteria: local demand.

E.    Pipeline transport of goods other than fuel 115   116 (CPC 7139)

AT: Exclusive rights can only be granted to nationals of the Member States of the Union and to juridical persons of the Union having their headquarters in the Union.

17.    SERVICES AUXILIARY TO TRANSPORT 117

A.    Services auxiliary to Maritime Transport 118

(a)    Storage and warehousing Services (part of CPC 742)

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.

(b)    Customs Clearance Services 119

(c)    Container Station and Depot Services 120

(d)    Maritime Agency Services 121

IT: Economic needs test 122 for maritime cargo-handling services. Main criteria: number of and impact on existing establishments, population density, geographic spread and creation of new employment. Requirement of residency for "raccomandatario marittimo".

(e)    Maritime Freight Forwarding Services 123

(f)    Rental of Vessels with Crew (CPC 7213)

(g)    Pushing and towing services (CPC 7214)

(h)    Supporting services for maritime transport (part of CPC 745)

(i)    Other supporting and auxiliary services (including catering) (part of CPC 749)

BG: Unbound for direct branching (incorporation is required).For Maritime Agency Services, Singaporean shipping companies have the right to establish branch offices which may act as agents for their principal offices. Services auxiliary to Maritime Transport that require the use of vessels can be provided only by vessels operating under the Bulgarian flag. Nationality condition.

HR: Unbound for Customs Clearance Services, Container Station and Depot Services, Maritime Agency Services and Maritime Freight Forwarding Services. For Maritime Cargo Handling Services, Storage and warehousing Services, Other supporting and auxiliary services (including catering), Pushing and towing services and Supporting services for maritime transport: None, except that foreign legal person is required to establish a company in Croatia which should be granted a concession by the port authority, following a public tendering procedure. The number of service suppliers may be limited reflecting limitations in port capacity.

SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.

FI: Services can be provided only by ships operating under the Finnish flag.

B.    Services auxiliary to internal waterways transport 124

(a)    Cargo-handling services (part of CPC 741)

(b)    Storage and warehouse services (part of CPC 742)

(c)    Freight transport agency services (part of CPC 748)

EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.

(d)    Rental of Vessels with Crew (CPC 7223)

(e)    Pushing and towing services (CPC 7224)

(f)    Supporting services for internal waterways transport (part of CPC 745)

(g)    Other supporting and auxiliary services (part of CPC 749)

AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as a legal person, nationality condition for the managing board and the supervisory board. Registration of a company or permanent establishment in Austria is required. In addition, the majority of business shares must be held by the citizens of the Union, except for storage and warehouse services, freight transport agency services, and pre-shipment inspection.

BG: Unbound for direct branching (incorporation is required). Participation in a Bulgarian company is limited to 49 per cent.

HU: Participation of the State may be required in an establishment, except for storage and warehouse services.

FI: Services can be provided only by ships operating under the Finnish flag.

SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.

HR: Unbound.

C.    Services auxiliary to rail transport 125

(a)    Cargo-handling services (part of CPC 741)

(b)    Storage and warehouse services (part of CPC 742)

(c)    Freight transport agency services (part of CPC 748)

(d)    Pushing and towing services (CPC 7113)

(e)    Supporting services for rail transport services (CPC 743)

(f)    Other supporting and auxiliary services (part of CPC 749)

BG: Unbound for direct branching (incorporation is required). Participation in a Bulgarian company is limited to 49 per cent.

SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.

HR: Unbound for pushing and towing services.

D.    Services auxiliary to road transport 126

(a)    Cargo-handling services (part of CPC 741)

(b)    Storage and warehouse services (part of CPC 742)

(c)    Freight transport agency services (part of CPC 748)

(d)    Rental of Commercial Road Vehicles with Operators (CPC 7124)

(e)    Supporting services for road transport equipment (CPC 744)

(f)    Other supporting and auxiliary services (part of CPC 749)

AT: For rental of commercial road vehicles with operators, authorisation can only be granted to nationals of the Member States of the Union, and to juridical persons of the Union having their headquarters in the Union. Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership.

BG: Unbound for direct branching (incorporation is required). Participation in a Bulgarian company is limited to 49 per cent. Nationality condition

FI: For rental of commercial road vehicles with operators, authorisation is required, but not extended to foreign registered vehicles.

SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.

MT: Nationality condition.

HR: Unbound for Rental of Commercial Road Vehicles with Operators

F.    Services auxiliary to pipeline transport of goods other than fuel 127

(a)    Storage and warehouse services of goods other than fuel transported by pipelines 128 (part of CPC 742)

None except AT: Nationality condition for managing directors.

18.    OTHER TRANSPORT SERVICES

Provision of Combined Transport Service

All Member States except AT, BG, CY, CZ, EE, HR, HU, LT, LV, MT, PL, RO, SE, SI, SK: None, without prejudice to the limitations inscribed in this List of Commitments affecting any given mode of transport.

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

19.    ENERGY SERVICES

A.    Services Incidental to Mining 129 (CPC 883) 130

None.

B.    Pipeline Transportation of fuels 131 (CPC 7131)

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.

C.    Storage and warehouse services of fuels transported through pipelines 132 (part of CPC 742)

PL: Investors from countries which are energy suppliers may be prohibited to obtain the control of the activity. Unbound for direct branching (incorporation is required).

D.    Wholesale trade services of solid, liquid and gaseous fuels and related products (CPC 62271)

and wholesale trade services of electricity, steam and hot water 133

EU: Unbound for wholesale trade services of electricity, steam and hot water.

E.    Retailing Services of motor fuel (CPC 613)

F.    Retail sales of fuel oil, bottled gas, coal and wood (CPC 63297)

and retailing services of electricity, (nonbottled) gas, steam and hot water 134

EU: Unbound for retailing services of motor fuel, electricity, (non bottled) gas, steam and hot water.

BE, BG, DK, FR, IT, MT, PT: For retail sales of fuel oil, bottled gas, coal and wood, authorisation for department stores (in the case of FR only for large stores) is subject to an economic needs test. Main criteria: number of and impact on existing stores, population density, geographic spread, impact on traffic conditions and creation of new employment.

G.    Services incidental to energy distribution 135 (CPC 887)

AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, HU, IT, LU, LT, MT, NL, PL, PT, RO, SK, SE, UK: Unbound except for consultancy services, and none for consultancy services.

SI: Unbound except for services incidental to the distribution of gas, and none for the distribution of gas.

20.    OTHER SERVICES NOT INCLUDED ELSEWHERE

(a)    Washing, Cleaning and Dyeing services (CPC 9701)

None

(b)    Hairdressing services (CPC 97021)

IT: An economic needs test applies on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business.

(c)    Cosmetic treatment, manicuring and pedicuring services (CPC 97022)

IT: An economic needs test applies on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business.

(d)    Other beauty treatment services n.e.c (CPC 97029)

IT: An economic needs test applies on a national treatment basis. The economic needs test, when applied, sets a limit on the number of enterprises. Main criteria: population and density of existing business.

(e)    Spa services and non therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or rehabilitation purposes 136   137 (CPC ver. 1.0 97230)

None.

(f)    Telecommunications connection services (CPC 7543)

None.

Appendix 8-A-3

UNION

SCHEDULE OF SPECIFIC COMMITMENTS IN CONFORMITY WITH ARTICLES 8.14
(KEY PERSONNEL AND GRADUATE TRAINEES)

AND 8.15 (BUSINESS SERVICES SELLERS)

(KEY PERSONNEL AND GRADUATE TRAINEES AND BUSINESS SERVICES SELLERS)

1.    The list of reservations below indicates the economic activities liberalised pursuant to Articles 8.7 (Schedule of Specific Commitments) and 8.12 (Schedule of Specific Commitments) for which limitations on key personnel and graduate trainees in accordance with Articles 8.14 (Key Personnel and Graduate Trainees) and 8.15 (Business Services Sellers) apply and specifies such limitations. The list below is composed of the following elements:

(a)    the first column indicating the sector or sub-sector in which limitations apply; and

(b)    the second column describing the applicable limitations.

The Union does not undertake any commitment for key personnel in economic activities which are not liberalised (remain unbound) pursuant to Article 8.12 (Schedule of Specific Commitments).



2.    In identifying individual sectors and sub-sectors:

(a)    "ISIC rev 3.1" means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 4, ISIC REV 3.1, 2002;

(b)    "CPC" means the Central Products Classification as referred to in footnote 23 to Article 8.21 (Computer Services); and

(c)    "CPC ver. 1.0" means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC ver 1.0, 1998.

3.    Commitments on key personnel and graduate trainees do not apply in cases where the intent or effect of their temporary presence is to interfere with, or otherwise affect the outcome of, any labour/management dispute or negotiation.

4.    The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a limitation within the meaning of Articles 8.14 (Key Personnel and Graduate Trainees) and 8.15 (Business Services Sellers). Those measures (e.g. need to obtain a license, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, and need to have a legal domicile in the territory where the economic activity is performed), even if not listed below, apply in any case to key personnel and graduate trainees of Singapore.



5.    All requirements of the laws and regulations of the Union regarding entry, stay, work and social security measures shall continue to apply, including regulations concerning period of stay, minimum wages as well as collective wage agreements even if not listed below.

6.    In accordance with paragraph 2(a) of Article 8.1 (Objective and Scope), the list below does not include measures concerning subsidies granted by a Party.

7.    The list below is without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.

8.    In the sectors where economic needs tests are applied, their main criteria will be the assessment of the relevant market situation in the Member State of the Union or the region where the service is to be provided, including with respect to the number of, and the impact on, existing service suppliers.

9.    The rights and obligations arising from the list below shall have no self-executing effect and thus confer no rights directly on natural or juridical persons.

10.    The following abbreviations are used in the list below:

AT    Austria

BE    Belgium

BG    Bulgaria

CY    Cyprus

CZ    Czech Republic



DE    Germany

DK    Denmark

EU    European Union, including all its Member States

ES    Spain

EE    Estonia

FI    Finland

FR    France

EL    Greece

HR    Croatia

HU    Hungary

IE    Ireland

IT    Italy

LV    Latvia

LT    Lithuania

LU    Luxembourg

MT    Malta

NL    Netherlands

PL    Poland

PT    Portugal

RO    Romania

SK    Slovakia

SI    Slovenia

SE    Sweden

UK    United Kingdom




Sector or sub-sector

Description of reservations

ALL SECTORS

Economic needs test

BG, HU: Economic needs tests are required for graduate trainees 138 .

ALL SECTORS

Scope of intracorporate transferees

BG: The number of intracorporate transferees is not to exceed 10 percent of the average annual number of the citizens of the Union employed by the respective Bulgarian juridical person. Where less than 100 persons are employed, the number of intracorporate transferees may, subject to authorisation, exceed 10 per cent of that of the total employees.

HU: Unbound for a natural person who has been a partner in a juridical person of Singapore.

ALL SECTORS

Graduate trainees

For AT, DE, ES, FR, HU, training must be linked to the university degree which has been obtained.

ALL SECTORS

Managing directors and auditors

AT: Managing directors of branches of juridical persons have to be resident in Austria. Natural persons within a juridical person or a branch responsible for the observance of the Austrian Trade Act must have a domicile in Austria.

FI: A foreigner carrying on trade as a private entrepreneur needs a trade permit and has to be permanently resident in the Union. For all sectors, except telecommunications services, and residency requirements apply for the managing director of a limited company. For telecommunications services, permanent residency for the managing director.

FR: The managing director of an industrial, commercial or artisanal activity, if not a holder of a residency permit, needs a specific authorisation.

RO: The majority of the commercial companies' auditors and their deputies shall be Romanian citizens.

SE: The managing director of a juridical person or a branch shall reside in Sweden.

ALL SECTORS

Recognition

EU: Union directives on mutual recognition of diplomas only apply to the citizens of the Union. The right to practise a regulated professional service in one Member State of the Union does not grant the right to practise in another Member State 139 .

4.    Manufacturing 140

H.    Publishing, printing and reproduction of recorded media (ISIC rev 3.1: 22), excluding publishing and printing on a fee or contract basis 141

IT: Nationality condition for publishers.

HR: Residency requirement for publishers.

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

SE: Residency requirement for publishers and owners of publishing and printing companies.

6.    BUSINESS SERVICES

A.    Professional Services

(a)    Legal Services (CPC 861) 142

AT, CY, ES, EL, LT, MT, RO, SK: Full admission to the Bar, required for the practice of domestic (Union and Member State) law, is subject to a nationality condition. For ES, the competent authorities may grant waivers.

excluding legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries, "huissiers de justice" or other "officiers publics et ministériels".

BE, FI: Full admission to the Bar, required for legal representation services, is subject to a nationality condition, coupled with a residency requirement. In BE quotas apply for representation before the "Cour de cassation" in noncriminal cases.

BG: Singaporean lawyers can only provide legal representation services of a Singaporean national and subject to reciprocity and cooperation with a Bulgarian lawyer. For legal mediation services, permanent residency is required.

FR: Lawyers' access to the profession of "avocat auprès de la Cour de Cassation" and "avocat auprès du Conseil d'Etat" is subject to quotas and to a nationality condition.

HR: Full admission to the Bar, required for legal representation services, is subject to a nationality condition (Croatian citizenship and citizenship of a Union Member State).

HU: Full admission to the Bar is subject to a nationality condition, coupled with a residency requirement. For foreign lawyers the scope of legal activities is limited to the provision of legal advice, which shall take place on the basis of a collaboration contract concluded with a Hungarian attorney or a law firm.

LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved.

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

LU: Nationality condition for the supply of legal services in respect of Luxembourg and Union law.

SE: Admission to the Bar, necessary only for the use of the Swedish title "advokat", is subject to a residency requirement.

(b)    1. Accounting and Bookkeeping Services (CPC 86212 other than "auditing services", CPC 86213, CPC 86219 and CPC 86220)

FR: Provision of accounting and bookkeeping services is conditional on a decision of the Minister of Economics, Finance and Industry, in agreement with the Minister of Foreign Affairs. The requirement of residency cannot exceed 5 years.

(b)    2. Auditing services (CPC 86211 and 86212 other than accounting services)

AT: Nationality condition for representation before competent authorities and for performing audits provided for in specific Austrian laws (e.g. joint stock companies law, stock exchange law, banking law, etc.).

DK: Residency requirement.

ES: Nationality condition for statutory auditors and for administrators, directors and partners of companies other than those covered by the 8th EEC directive on company law.

HR: Only certified auditors holding a licence formally recognised by the Croatian Chamber of Auditors can provide auditing services.

FI: Residency requirement for at least one of the auditors of a Finnish liability company.

EL: Nationality condition for statutory auditors.

IT: Nationality condition for administrators, directors and partners of companies other than those covered by the 8th EEC directive on company law. Residency requirement for individual auditors.

SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, inter alia in all limited companies. Residency required for approval.

(c)    Taxation Advisory Services (CPC 863) 143

AT: Nationality condition for representation before competent authorities.

BG, SI: Nationality condition for specialists.

HU: Residency requirement.

(d)    Architectural services

and

(e)    Urban planning and landscape architectural services (CPC 8671 and CPC 8674)

EE: At least one responsible person (project manager or consultant) must be resident in Estonia.

BG: Foreign specialists must have experience of at least two years in the field of construction. Nationality condition for urban planning and landscape architectural services.

EL, HR, HU, SK: Residency requirement.

FR: The use of the professional title by professionals qualified in third countries is not possible except within the framework of mutual recognition agreements.

(f)    Engineering services

and

(g)    Integrated engineering services (CPC 8672 and CPC 8673)

EE: At least one responsible person (project manager or consultant) must be resident in Estonia.

BG: Foreign specialists must have experience of at least two years in the field of construction.

HR, SK: Residency requirement.

EL, HU: Residency requirement (For CPC 8673 a residency requirement only applies to Graduate Trainees).

(h)    Medical (including psychologists) and Dental services (CPC 9312 and part of CPC 85201)

CZ, IT, SK: Residency requirement.

CZ, RO, SK: Authorisation by the competent authorities required for foreign natural persons.

BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons.

BG, MT: Nationality condition.

DE: Nationality condition which can be waived on an exceptional basis in cases of public health interest.

DK: Limited authorisation to fulfil a specific function can be given for up to 18 months and requires residency.

FR: Nationality condition. However, access is possible within annually established quotas.

HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.

LV: Practice of medical profession by foreigners requires the permission from local health authorities, based on economic needs for medical doctors and dentists in a given region.

PL: Practice of medical profession by foreigners requires the permission. Foreign medical doctors have limited election rights within the professional chambers.

PT: Residency requirement for psychologists.

(i)    Veterinary services (CPC 932)

BG, DE, EL, FR, HR, HU: Nationality condition.

CZ and SK: Nationality condition and residency requirement.

IT: Residency requirement.

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

(j)    1. Midwives services (part of CPC 93191)

AT: In order to establish a professional practice in Austria, the person concerned must have practised the profession in question for at least three years preceding the setting up of that professional practice.

BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons.

CY, EE, RO: Authorisation by the competent authorities required for foreign natural persons.

FR: Nationality condition. However, access is possible within annually established quotas.

IT: Residency requirement.

LV: Subject to economic needs, determined by the total number of midwives in the given region, authorised by local health authorities.

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

SK: Residency requirement.

HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.

(j)    2. Services provided by Nurses, Physiotherapists and Paramedical Personnel (part of CPC 93191)

AT: Foreign services suppliers are only allowed in the following activities: nurses, physiotherapists, occupational therapists, logotherapists, dieticians and nutricians. In order to establish a professional practice in Austria, the person concerned must have practised the profession in question for at least three years preceding the setting up of that professional practice.

BE, FR, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons.

SK: Residency requirement.

HR: All persons providing services directly to patients/treating patients need a licence from the professional chamber.

CY, CZ, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons.

HU: A nationality condition.

DK: Limited authorisation to fulfil a specific function can be given for up to 18 months and requires residency.

CY, CZ, EL, IT: Subject to an economic needs test: decision is subject to regional vacancies and shortages.

LV: Subject to economic needs determined by the total number of nurses in the given region, authorised by local health authorities.

(k)    Retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods (CPC 63211)

and other services supplied by pharmacists 144

FR: Nationality condition. However, within established quotas, access for Singaporean nationals is possible provided the service provider holds a French degree in pharmacy.

DE, EL, SK: A nationality condition.

HU: Nationality condition except for retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods (CPC 63211).

IT, PT: Residency requirement.

SK: Residency requirement.

D.    Real Estate Services 145

(a)    Involving Own or Leased Property (CPC 821)

FR, HU, IT, PT: Residency requirement.

LV, MT, SI: Nationality condition.

(b)    On a Fee or Contract Basis (CPC 822)

DK: Residency requirement unless waived by the Danish Commerce and Companies Agency.

FR, HU, IT, PT: Residency requirement.

LV, MT, SI: Nationality condition.

E.    Rental/Leasing Services without Operators

(e)    Relating to personal and household goods (CPC 832)

EU: Nationality condition for specialists and for graduate trainees.

(f)    Telecommunications equipment rental (CPC 7541)

EU: Nationality condition for specialists and for graduate trainees.

F.    Other Business Services

(e)    Technical Testing and Analysis Services (CPC 8676)

IT, PT: Residency requirements for biologists and chemical analysts.

SK: Residency requirement.

(f)    Advisory and Consulting services incidental to Agriculture, Hunting and Forestry (part of CPC 881)

IT: Residency requirements for agronomists and "periti agrari".

(j)    2. Security Services (CPC 87302, CPC 87303, CPC 87304 and CPC 87305)

BE: Nationality condition and a residency requirement for management personnel.

BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Nationality condition and a residency requirement.

DK: Nationality condition and a residency requirement for managers and for airport guard services.

ES, PT: Nationality condition for specialized personnel.

FR: Nationality condition for managing directors and directors.

IT: Nationality condition and a residency requirement in order to obtain necessary authorisation for security guard services and the transport of valuables.

(k)    Related Scientific and Technical Consulting Services (CPC 8675)

BG: Nationality condition for specialists.

DE: Nationality condition for publicly appointed surveyors.

FR: Nationality condition for "surveying" operations relating to the establishment of property rights and to land law.

IT, PT: Residency requirement.

(l)    1. Maintenance and repair of vessels (part of CPC 8868)

MT: Nationality condition.

(l)    2. Maintenance and Repair of Rail Transport Equipment (part of CPC 8868)

LV: Nationality condition.

(l)    3. Maintenance and Repair of motor vehicles, motorcycles, snowmobiles and road transport Equipment (CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868)

EU: For maintenance and repair of motor vehicles, motorcycles and snowmobiles, nationality condition for specialists and for graduate trainees.

(l)    5. Maintenance and Repair services of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods 146 (CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)

EU: Nationality condition for specialists and for graduate trainee, except for:

BE, DE, DK, ES, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO, SE, UK for CPC 633, 8861, 8866;

BG for repair services of personal and household goods (excl. Jewellery): CPC 63301, 63302, part of 63303, 63304, 63309;

AT for CPC 633, 8861-8866;

EE, FI, LV, LT for CPC 633, 8861-8866;

CZ, SK for CPC 633, 8861-8865; and

SI for CPC 633, 8861, 8866.

(m)    Building-Cleaning Services (CPC 874)

CY, EE, HR, MT, PL, RO, SI: Nationality condition for specialists.

(n)    Photographic Services (CPC 875)

HR, LV: Nationality condition for specialty photography services.

PL: Nationality condition for the supply of aerial photographic services.

(p)    Printing and Publishing (CPC 88442)

HR: Residency requirement for publishers.

SE: Residency requirement for publishers and owners of publishing and printing companies.

(q)    Convention Services (part of CPC 87909)

SI: Nationality condition.

(r)    1. Translation and Interpretation Services (CPC 87905)

FI: Residency requirement for certified translators.

DK: Residency requirement for authorised public translators and interpreters, unless waived by the Danish Commerce and Companies Agency.

(r)    3. Collection Agency Services (CPC 87902)

BE, EL, IT: Nationality condition.

(r)    4. Credit reporting services (CPC 87901)

BE, EL, IT: Nationality condition.

(r)    5. Duplicating services (CPC 87904) 147

EU: Nationality condition for specialists and for graduate trainees.

8.    CONSTRUCTION AND RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518)

BG: Foreign specialists must have experience of at least two years in the field of construction.

9.    DISTRIBUTION SERVICES (excluding distribution of arms, munitions and war material)

C.    Retailing Services 148

(c)    Food retailing services (CPC 631)

FR: Nationality condition for tobacconists (i.e. buraliste).

10.    EDUCATIONAL SERVICES (only privately funded services)

A.    Primary Education Services (CPC 921)

FR: Nationality condition. However, Singaporean nationals may obtain authorisation from the competent authorities to establish and direct an education institution, and to teach.

IT: Nationality condition for service providers who are authorised to issue State-recognized diplomas.

EL: Nationality condition for teachers.

B.    Secondary Education Services (CPC 922)

FR: Nationality condition. However, Singaporean nationals may obtain authorisation from the competent authorities to establish and direct an education institution, and to teach.

IT: Nationality condition for service providers who are authorised to issue State-recognized diplomas.

EL: Nationality condition for teachers.

LV: Nationality condition for technical and vocational secondary school-type education services for handicapped students (CPC 9224).

C.    Higher Education Services (CPC 923)

FR: Nationality condition. However, Singaporean nationals may obtain authorisation from the competent authorities to establish and direct an education institution and to teach.

CZ, SK: Nationality condition for higher education services, except for post-secondary technical and vocational education services (CPC 92310).

IT: Nationality condition for service providers who are authorised to issue State-recognized diplomas.

DK: Nationality condition for professors.

12.    FINANCIAL SERVICES

A.    Insurance and insurance-related services

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

EE: For direct insurance, the management body of an insurance joint-stock company with Singaporean capital participation may include Singaporean nationals only in proportion to the Singaporean participation and in any event not more than half of the members of the management body. The head of the management of a subsidiary or an independent company must permanently reside in Estonia.

ES: Residency requirement for the actuarial profession (or alternatively two years of experience)

HR: Residency requirement.

IT: Residency requirement for the actuarial profession.

FI: The managing directors and at least one auditor of an insurance company shall have their place of residence in the Union, unless the competent authorities have granted an exemption. The general agent of a Singapore's insurance company shall have his place of residence in Finland, unless the company has its head office in the Union.

B.    Banking and other financial services (excluding insurance)

BG: Permanent residence in Bulgaria is required for the executive directors and the managerial agent.

FI: A managing director and at least one auditor of credits institutions shall have their place of residence in the Union, unless the Financial Supervision Authority has granted an exemption. The broker (individual person) on derivative exchange shall have his place of residence in the Union.

IT: Condition of residency within the territory of a Member State of the Union for "promotori di servizi finanziari" (financial salesmen).

HR: Residency requirement. The management board shall direct the business of a credit institution from the territory of the Republic of Croatia. At least one management board member must be fluent in the Croatian language.

LT: At least one manager must be a citizen of the Union.

PL: Nationality requirement for at least one of the bank executives.

13.    HEALTH SERVICES AND SOCIAL SERVICES (only privately funded services)

A.    Hospital Services (CPC 9311)

B.    Ambulance Services (CPC 93192)

C.    Residential health facilities other than hospital services (CPC 93193)

E.    Social Services (CPC 933)

FR: Authorisation is necessary for the access to management functions. The availability of local managers is taken into consideration for the authorisation.

LV: Economic needs tests for doctors, dentists, midwives, nurses, physiotherapists and para-medical personnel.

PL: Practice of medical profession by foreigners requires permission. Foreign medical doctors have limited election rights within the professional chambers.

HR: all persons providing services directly to patients/treating patients need a licence from the professional chamber.

14.    TOURISM AND TRAVEL RELATED SERVICES

A.    Hotel, Restaurants and Catering (CPC 641, CPC 642 and CPC 643)

excluding catering in air transport services

BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent.

HR: Nationality requirement for hospitality and catering services in households and rural homesteads.

B.    Travel Agencies and Tour Operators Services (including tour managers) (CPC 7471)

BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent.

HR: Approval of the Ministry of Tourism for office manager position.

C.    Tourist Guides Services (CPC 7472)

BG, CY, ES, FR, EL, HR, HU, IT, LT, MT, PL, PT, SK: Nationality condition.

15.    RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services)

A.    Entertainment Services (including Theatre, Live Bands, Circus and Discotheque Services) (CPC 9619)

FR: Authorisation is necessary for the access to management functions. The authorisation is subject to a nationality condition when authorisation for more than two years is required.

The artists have obtained an employment contract from an authorised entertainment enterprise. The work permit is delivered for a period not exceeding nine months renewable for the duration of the contract. The entertainment enterprise must pay a tax to the International Migration Office.

16.    TRANSPORT SERVICES

A.    Maritime Transport

(a)    International passenger transportation (CPC 7211 less national cabotage transport).

(b)    International freight transportation (CPC 7212 less national cabotage transport)

EU: Nationality condition for ships' crew.

AT: Nationality condition for the majority of managing directors.

D.    Road Transport

(a)    Passenger Transportation (CPC 7121 and CPC 7122)

AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership.

DK, HR: Nationality condition and residency requirement for managers.

BG, MT: Nationality condition.

(b)    Freight Transportation (CPC 7123, excluding transportation of postal and courier items on own account 149 ).

AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership.

BG, MT: Nationality condition.

HR: Nationality condition and residency requirement for managers.

E.    Pipeline transport of goods other than fuel 150 (CPC 7139)

AT: Nationality condition for managing directors.

17.    SERVICES AUXILIARY TO TRANSPORT 151

A.    Services auxiliary to Maritime Transport

(a)    Storage and warehousing Services (part of CPC 742)

(b)    Customs Clearance Services

(c)    Container Station and Depot Services

(d)    Maritime Agency Services

(e)    Maritime Freight Forwarding Services

(f)    Rental of Vessels with Crew (CPC 7213)

AT: Nationality condition for the majority of managing directors.

BG, MT: Nationality condition.

DK: Requirement of residency for customs clearance services.

EL: Nationality condition for customs clearance services.

IT: Requirement of residency for "raccomandatario marittimo".

(g)    Pushing and towing services (CPC 7214)

(h)    Supporting services for maritime transport (part of CPC 745)

(i)    Other supporting and auxiliary services (excluding catering) (part of CPC 749)

D.    Services auxiliary to road transport

(d)    Rental of Commercial Road Vehicles with Operators (CPC 7124)

AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership.

BG, MT: Nationality condition.

F.    Services auxiliary to pipeline transport of goods other than fuel 152

(a)    Storage and warehouse services of goods other than fuel transported by pipelines (part of CPC 742)

AT: Nationality condition for managing directors.

19.    ENERGY SERVICES

A.    Services Incidental to Mining (CPC 883) 153

SK: Residency requirement.

20.    OTHER SERVICES NOT INCLUDED ELSEWHERE

(a)    Washing, Cleaning and Dyeing services (CPC 9701)

EU: Nationality condition for specialists and for graduate trainees.

(b)    Hairdressing services (CPC 97021)

EU: Nationality condition for specialists and for graduate trainees.

(c)    Cosmetic treatment, manicuring and pedicuring services (CPC 97022)

EU: Nationality condition for specialists and for graduate trainees.

(d)    Other beauty treatment services n.e.c (CPC 97029)

EU: Nationality condition for specialists and for graduate trainees.

(e)    Spa services and non therapeutical massages, to the extent that they are provided as relaxation physical wellbeing services and not for medical or rehabilitation purposes 154 (CPC ver. 1.0 97230)

EU: Nationality condition for specialists and for graduate trainees.

________________

ANNEX 8-B

SINGAPORE'S SCHEDULE OF SPECIFIC COMMITMENTS

SOLE ARTICLE

Singapore's Schedule of Specific Commitments is set out in Appendices 8-B-1 to 8-B-2.



Appendix 8-B-1

SINGAPORE

SCHEDULE OF SPECIFIC COMMITMENTS

EXPLANATORY NOTES

1.    The classification of service sectors in this schedule is based on the 1991 provisional Central Product Classification (CPC) of the United Nations Statistical Office unless otherwise indicated by the absence of a CPC number. The ordering reflects the services sectoral classification list as used in the GATT document MTN.GNS/W/120 dated 10 July 1991. The scheduling of specific commitments follows the guidelines stated in GATT documents MTN.GNS/W/164 dated 3 September 1993 and MTN.GNS/W/164/Add.1 dated 30 November 1993.

2.    The use of "**" against individual CPC codes indicates that the specific commitment for that code shall not extend to the total range of services covered under that code.

3.    The classification of establishment sectors in this schedule is based on the International Standard Industrial Classification (ISIC) Revision 3 of the United Nations Statistical Office. As necessary and appropriate, Singapore could specify the exact coverage of the commitment if the commitment does not exactly conform to the classification system.



4.    The list of commitments below (hereinafter referred to as "this Schedule") indicates the service sectors liberalised pursuant to Article 8.7 (Schedule of Specific Commitments) and Article 8.12 (Schedule of Specific Commitments), and, by means of reservations, the market access and national treatment limitations that apply to services and service suppliers of the Union in those sectors. This Schedule is composed of the following elements:

(a)    the first column indicating the sector or subsector in which the commitment is undertaken by Singapore, and the scope of liberalisation to which the reservations apply;

(b)    the second column describing the applicable reservations to Article 8.5 (Market Access) and Article 8.10 (Market Access) in the sector or subsector indicated in the first column;

(c)    the third column describing the applicable reservations to Article 8.6 (National Treatment) and Article 8.11 (National Treatment) in the sector or subsector indicated in the first column; and

(d)    the fourth column describing specific commitments on measures affecting the crossborder supply of services and establishment in service sectors not subject to scheduling under Article 8.5 (Market Access) and Article 8.10 (Market Access) and Article 8.6 (National Treatment) and Article 8.11 (National Treatment).

5.    Notwithstanding Article 8.10 (Market Access), non-discriminatory requirements as regards the types of legal form of an establishment do not need to be specified in this Schedule in order to be maintained or adopted by Singapore.



6.    This Schedule does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements when they do not constitute a market access or a national treatment limitation within the meaning of Article 8.5 (Market Access) and Article 8.10 (Market Access) and Article 8.6 (National Treatment) and Article 8.11 (National Treatment). Those measures (e.g. need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors, and need to pass specific examinations, including language examinations and need to have a legal domicile in the territory where the economic activity is performed), even if not listed, apply in any case to services and service suppliers of the Union.

7.    In accordance with paragraph 2(a) of Article 8.1 (Objective and Scope), this Schedule shall not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance.

Modes of supply:    1) Cross-border supply    2) Consumption abroad    3) Commercial presence    4) Presence of natural persons

Sector or subsector

Limitations on market access

Limitations on national treatment

Additional commitments

HORIZONTAL COMMITMENTS/LIMITATIONS

ALL SECTORS INCLUDED IN THIS SCHEDULE

(i)    Singapore dollar loans by local and foreign-owned financial institutions, to non-residents, non-resident controlled companies and to residents for use outside Singapore require MAS' prior approval.

(ii)    Financial institutions shall not extend S$ credit facilities to non-resident financial entities if there is reason to believe that the S$ proceeds may be used for S$ currency speculation.

Unbound for measures affecting the type of activities which may be conducted on land or the usage of land, including but not limited to, land zoning, land use and urban planning policies.

Unbound for measures affecting real estate. This includes, but is not limited to, measures affecting the ownership, sale, purchase, development and management of real estate.

Unbound for measures affecting:

(i)    the full or partial devolvement to the private sector of services provided in the exercise of governmental authority;

(ii)    the divestment of its equity interests in, and/or the assets of, an enterprise that is wholly owned by the Singapore government; and

(iii)    the divestment of its equity interests in, and/or the assets or, an enterprise that is partially owned by the Singapore government.

Unbound for measures in relation to the divestment of the administrator and operator of airports.

Individual investors, apart from the Singapore Government, shall be subject to the following equity ownership limits in the enterprises, and/or their successor bodies, listed below:

(i)    Singapore Technologies Engineering: 15 %

(ii)    Singapore Power, Power Grid, Power Supply, Power Gas: 10 %

(iii)    PSA Corporation: 5 %

(iv)    Singapore Airlines: 5 %

For the purposes of this schedule, ownership of equity by an investor in these enterprises and/or their successor bodies includes both direct and indirect ownership of equity.

The aggregate of foreign shareholdings in PSA Corporation and/or its successor body is subject to a 49 % limit.

The "aggregate of foreign shareholdings" is defined as the total number of shares owned by:

(i)    Any individual who is not a Singapore citizen;

(ii)    Any corporation which is not more than 50 % owned by Singapore citizens or by the Singapore Government; and/or

(iii)    Any other enterprise which is not owned or controlled by the Singapore Government.

Unbound for measures in relation to the retention of a controlling interest by the Singapore Government in Singapore Technologies Engineering ("the Company") and/or its successor body, including but not limited to controls over the appointment and termination of members of the Board of Directors, divestment of equity and dissolution of the Company.

Unbound for measures affecting the arms and explosives sector, including the manufacture, use, sale, storage, transport, importation, exportation, and possession of arms and explosives.

1), 2), 3), 4) Specific commitments in market access in any sector or subsector, through any mode of delivery, shall not be construed to override the limitations established in the financial services sector

Where a person required to be registered under the Business Registration Act (Cap. 32, 2001 Revised Edition) is, or, in the case of any corporation, the directors are, or the secretary of the corporation is, not ordinarily resident in Singapore, a local manager 155 must be appointed. 156

The Schedule does not include measures relating to eligibility or qualification requirements and procedures, technical standards, and requirements and procedures relating to applications for work passes. Those measures (e.g. need to obtain recognised qualifications or need to meet certain salary or experience requirements), even if not listed below, apply in any case to key personnel and graduate trainees from the EU. EU graduate trainees may be subject to labour market tests.

Commitments on key personnel and graduate trainees do not apply in cases where the intent or effect of their temporary presence is to interfere with, or otherwise affect the outcome of, any labour/management dispute or negotiation.

4) Presence of natural persons unbound, except as per the commitment under Section D (Temporary Presence of Natural Persons for Business Purposes), and subject to sector specific limitations.

Graduate Trainees(GT)

Unbound for sectors or sub-sectors as below:

Financial Services

4) Unbound



Modes of supply:    1) Cross-border supply    2) Consumption abroad    3) Commercial presence    4) Presence of natural persons

Sector or subsector

Limitations on market access

Limitations on national treatment

Additional commitments

SECTOR SPECIFIC COMMITMENTS/LIMITATIONS

1.    BUSINESS SERVICES

A.    Professional Services

International Commercial Arbitration Services in relation to international law, foreign law and Singapore law (86190)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section. In relation to international commercial arbitration work, EU lawyers may participate in international commercial arbitration proceedings in Singapore as permitted under the Legal Profession Act (Cap 161).

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section. In relation to international commercial arbitration work, EU lawyers may participate in international commercial arbitration proceedings in Singapore as permitted under the Legal Profession Act (Cap 161).

Legal Services (apart from International Commercial Arbitration Services in relation to International Law and Legal Services in relation to Home Country law) (861**)

1) None, except applicable registration requirements

2) None

3) None, except applicable registration requirements

4) Unbound except as indicated in the horizontal section, and subject to applicable registration requirements

1) None, except as indicated in the market access column

2) None

3) None, except as indicated in the market access column

4) Unbound except as indicated in the horizontal section, and subject to applicable registration requirements

Legal Services in relation to Singapore law 157 (861**)

1) None, except only persons who are admitted to the Singapore Bar, registered as members with the Law Society of Singapore, and holding a valid Practising Certificate are allowed to provide legal services in relation to Singapore law.

1) None, except as indicated in the market access column

2) None

3) None, except as indicated in the market access column

4) Unbound

2) None

3) Only persons who are admitted to the Singapore Bar, registered as members with the Law Society of Singapore, and holding a valid Practising Certificate are allowed to provide legal services in relation to Singapore law.

EU law enterprises may only provide legal services in relation to Singapore law through a Joint Law Venture or Formal Law Alliance with a Singapore law enterprise, and only to the extent allowed by the laws, rules, and regulations concerning Joint Law Ventures and Formal Law Alliances, and subject to the conditions and requirements relating to Joint Law Ventures and Formal Law Alliances. However, Singapore will modify these conditions and restrictions in favour of EU law enterprises as follows:

(i)    the minimum number of EU lawyers resident in Singapore which the EU law enterprise is required to maintain in a Joint Law Venture or a Formal Law Alliance shall be reduced from 5 to 3, at least 2 of whom shall be equity partners or a member of the board of directors of the EU law enterprise;

(ii)    the minimum relevant experience required of the 3 EU lawyers referred to in paragraph (i) shall be considered on an aggregate basis of 15 years, rather than on the basis of an individual experience of 5 years for each EU lawyer;

(iii)    the minimum required relevant experience for EU lawyers working in a Joint Law Venture who wishes to apply to practise Singapore law under the Legal Profession Act shall be reduced from 5 years to 3 years;

4) Unbound except as indicated in the horizontal section

In relation to international commercial arbitration work, EU lawyers may participate in international commercial arbitration proceedings in Singapore as permitted under the Legal Profession Act (Cap 161).

Accounting, auditing and bookkeeping services, except for financial auditing services (862**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Financial auditing services (86211)

1) None, except that public accountants must be ordinarily resident in Singapore or at least one of the partners of the firm must be ordinarily resident in Singapore

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None, except that public accountants must be ordinarily resident in Singapore or at least one of the partners of the firm must be ordinarily resident in Singapore

2) None

3) As in Mode 1)

4) Unbound

Taxation services (863)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Architectural services (8671)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Engineering services (8672)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Integrated engineering

services (8673)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Landscape architectural services (86742 )

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Medical services (93121 & 93122)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section. The number of new foreign doctors registered each year may be limited depending on the total supply of doctors.

1) None

2) None

3) None

4) Unbound

Dental services (93123)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section. The number of new foreign dentists registered each year may be limited depending on the total supply of dentists.

1) None

2) None

3) None

4) Unbound

Veterinary services (932)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Services provided by midwives, nurses, physiotherapists and paramedical personnel (93191**)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

B.    Computer and Related Services

Computer and Related Services (84)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

C.    Research and Development Services

Research and development services on natural sciences (851)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Research and development services on social sciences and humanities, except legal research (852**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Interdisciplinary research and development services (853)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

D. Real Estate Services

Renting or leasing services involving owned or leased non residential property (82102)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Residential and non-residential property management services on a fee or contract basis (82201, 82202)

1) None, except that only the Sentosa Development Corporation and/or its successor is allowed to develop and manage the resort island of Sentosa and its waterways.

However, subject to approval, private developers are allowed to develop specific plots of land on Sentosa for commercial, residential, and recreational purposes.

1) None, except that only the Sentosa Development Corporation and/or its successor is allowed to develop and manage the resort island of Sentosa and its waterways.

However, subject to approval, private developers are allowed to develop specific plots of land on Sentosa for commercial, residential, and recreational purposes.

2) None

3) None, except that only the Sentosa Development Corporation is allowed to develop and manage the resort island of Sentosa and its waterways. However, subject to approval, private developers are allowed to develop specific plots of land on Sentosa for commercial, residential, and recreational purposes.

4) Unbound except as indicated in the horizontal section

2) None

3) None, except that only the Sentosa Development Corporation is allowed to develop and manage the resort island of Sentosa and its waterways. However, subject to approval, private developers are allowed to develop specific plots of land on Sentosa for commercial, residential, and recreational purposes.

4) Unbound

E.    Rental/Leasing Services without Operators

Leasing or rental services without operators relating to ships (83103)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Leasing or rental services concerning private cars, goods transport vehicles, and other land transport equipment without operators (83101, 83102,

83105)

1) None except that the rental of private cars, goods transport vehicles and other land transport equipment without operator by Singapore residents with the intent to use the vehicles in Singapore is prohibited

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None except that the rental of foreign registered vehicles by Singapore residents for usage in Singapore is prohibited

2) None

3) None

4) Unbound

Leasing or rental services relating to other machinery and equipment (83106-83109)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Leasing or rental services concerning personal and household goods (832)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

F.    Other Business Services

Advertising services (871)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Market research and public opinion polling services (864)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Management consulting services (865)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Services related to management consulting (866)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Technical testing and analysis services, excluding testing and analysis services of:

automobiles

classification societies

animals, plants, and products derived from animals and plants (8676**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Technical testing and analysis services of automobiles (8676**)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

Technical testing and analysis services of animals, plants, and products derived from animals and plants (8676**)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

Services incidental to agriculture, hunting, forestry and fishing, excluding:

services of farm labour contractors;

firefighting;

forest services including forest damage services; and

logging related services

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

but including consultancy services for forest service including forest service, and logging related services (881**, 882**)

Services incidental to mining (883, 5115)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Services incidental to manufacturing (884 & 885, except 88442)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Transport distribution, retail and services incidental to the distribution of piped gas

1) Unbound

2) None

3) Unbound except for trading and retailing of natural gas

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) Unbound

4) Unbound

Retail of electricity

1) Unbound

2) None

3) Unbound except for supply of electricity above five MW

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) Unbound

4) Unbound

Transportation of fuels (7131)

1) Unbound

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) Unbound

4) Unbound

Geological, geophysical and other scientific prospecting services (86751)

1) Unbound

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) Unbound

4) Unbound

Placement and supply services of personnel (872)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

G.    Investigation and Security

Private investigations services (87301**)

Limitation on market access and national treatment

All commitments in this sector are subject to the Private Security Industry Act (PSIA). The Act stipulates that foreigners are not allowed to work as private investigators but can be involved in the administration of the company.

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1)    Unbound

2) None

3) None

4) Unbound

Security consultation services (87302)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Alarm monitoring services (87303)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Unarmed guard services (87305**)

Limitation on market access and national treatment

All commitments in this sector are subject to the Private Security Industry Act (PSIA). The Act stipulates that:

–    Foreigners are permitted to set up agencies to provide unarmed guards for hire but must register a company with local participation.

–    In other words, at least two of the directors must be Singaporeans or Singaporean permanent residents.

1) Unbound

2) None

3) None

4) Unbound

–    The foreign directors must produce a certificate of no criminal conviction from their country of origin or a statutory declaration before a local commissioner of oaths.

–    Foreigners are not allowed to work as guards, but can be involved in the administration of the company

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (633, 8861-8866**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Building cleaning services (874)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Photographic services (875)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Packaging services (876)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Convention and exhibition management services (87909**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Secretarial services (87909**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Telephone answering services (87903)

This excludes services licensed and regulated under the Singapore Broadcasting Authority Act

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Duplicating services (87904)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Translation and interpretation services (87905)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Specialty design services (87907)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

2.    COMMUNICATION SERVICES

A.    Postal and Courier Services

Postal Services

1.    Basic letter services –

1) Subject to commercial arrangements with licensed operator(s).

1) None

2) None

3) None

Services for the conveyance of letters 158 (other than express letters) which weigh 500 grams or less from one place to another, including the incidental services of receiving, collecting, sorting, sending, despatching and delivering such letters and any other services which relates to any of those services and is provided in conjunction with any of them.

2) None

3) All service suppliers must be incorporated as companies under the Companies Act (Cap. 50). 159

4) Unbound except as indicated in the horizontal section

4) Unbound

2.    Express letter services – Services for the conveyance of express letters (including local express letters 160 and international express letters 161 ) which weigh 500 grams or less from one place to another, including the incidental services of receiving, collecting, sorting, sending, despatching and delivering such express letters and any other services which relates to any of those services and is provided in conjunction with any of them.

1) Subject to commercial arrangements with licensed operator(s).

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

B.    Courier Services

Courier services

Courier services in respect of documents, parcels and packages, excluding letters (as defined above) which weigh 500 grams or less.

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

C.    Telecommunications Services 162

Notes

The number of licences granted will be limited only by physical and resource constraints such as the availability of frequency spectrum and land.

1.    Basic Telecommunication Services 163 , including resale (facilities-based and services-based):

(a)    Public Switched Services 164 (local and international)

(b)    Leased Circuit Services (local and international)

1) Subject to commercial arrangements with licensed operator(s)

2) None

3) All service suppliers must be incorporated as companies under the Companies Act (Cap. 50)

4) Unbound, except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

2.    Mobile Services 165 , including resale (facilitiesbased and services-based):

(a)    Public Mobile Data Service (PMDS)

(b)    Public Trunked Radio Service (PTRS)

(c)    Public Radio Paging Service (PRPS)

(d)    Public Cellular Mobile Telephone Service (PCMTS)

1) Subject to commercial arrangements with licensed operator(s)

2) None

3) All service suppliers must be incorporated as companies under the Companies Act (Cap. 50)

4) Unbound, except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

3.    Value-added Network (VAN) services

The services covered are:

–    electronic-mail

–    voice-mail

–    on-line information and database retrieval

–    electronic data interchange

–    on-line information and/or data processing

1) None

2) None

3) None

4) Unbound, except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

3.    CONSTRUCTION AND RELATED ENGINEERING SERVICES

Construction Services

Consisting of:

–    General Construction for Buildings (CPC 512)

–    General Construction work for civil engineering (CPC 513)

–    Installation and assembly work (CPC 514 + 516)

–    Building Completion and finishing work (CPC 517)

–    Others (CPC 511 + 515 + 518)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

4.    DISTRIBUTION SERVICES

A.    Commission Agents' Services

Commission agents' services, except sales on a fee or contract basis of pharmaceutical and medical goods and cosmetics (621**, except 62117)

Horizontal limitations on Market Access and National Treatment

Unless otherwise specified, distribution services of any product subject to import prohibition or non-automatic import licensing shall be excluded from the scope of these commitments.

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Sales on a fee or contract basis of pharmaceutical and medical goods and cosmetics not intended for the Singapore market (62117**)

Horizontal limitations on Market Access and National Treatment

Unless otherwise specified, distribution services of any product subject to import prohibition or non-automatic import licensing shall be excluded from the scope of these commitments.

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Sales on a fee or contract basis of pharmaceutical goods and medical goods and cosmetics intended for the Singapore market (62117**)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

B.    Wholesale Trade Services

Wholesale trade services except for pharmaceutical goods and medical goods and surgical and orthopaedic instruments (622**)

Horizontal limitations on Market Access and National Treatment

Unless otherwise specified, distribution services of any product subject to import prohibition or non-automatic import licensing shall be excluded from the scope of these commitments.

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Wholesale trade of pharmaceutical goods and medical goods and surgical and orthopaedic instruments (62251 & 62252)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

C.    Retailing Services

Non-food Retailing services except for pharmaceutical goods and medical goods (632**)

Horizontal limitations on Market Access and National Treatment

Unless otherwise specified, distribution services of any product subject to import prohibition or non-automatic import licensing shall be excluded from the scope of these commitments.

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Retail sales of food, beverages and tobacco, except for retail sales of tobacco products and retail sales of alcoholic beverages (6310*)

Horizontal limitations on Market Access and National Treatment

Unless otherwise specified, distribution services of any product subject to import prohibition or non-automatic import licensing shall be excluded from the scope of these commitments.

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Retail sales of pharmaceutical, medical and orthopaedic goods (63211)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

Sales of motor vehicles

Only:

Wholesale trade services of motor vehicles (61111)

Retail sales of motor vehicles (61112)

Sales of parts and accessories of motor vehicles (61130)

Sales of motorcycles and snowmobiles and related parts and accessories (61210)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

D.    Franchising

Franchising services (8929**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

5.    EDUCATION SERVICES

Primary Education Services (921**)

Unbound for Modes 1 – 4 for the provision of preschool and primary education services for Singapore citizens, including sports education services. Otherwise,

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

Unbound for Modes 1 – 4 for the provision of preschool and primary education services for Singapore citizens, including sports education services. Otherwise,

1) None

2) None

3) None

4) Unbound

General secondary and higher secondary education services (9221**, 9222**)

Unbound for Modes 1 – 4 for the provision of general secondary and higher secondary (only applies to junior colleges and pre university centres under the Singapore educational system) education services for Singapore citizens, including sports education services. Otherwise,

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

Unbound for Modes 1 – 4 for

the provision of general secondary and higher secondary (only applies to junior colleges and pre university centres under the Singapore educational system) education services for Singapore citizens, including sports education services. Otherwise,

1) None

2) None

3) None

4) Unbound

Post-secondary technical and vocational education services (only non-publicly funded education institutions) (92230*, 92240*, 92310)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Other higher education services, excluding training of doctors (only local tertiary institutions 166 shall be allowed to operate undergraduate or graduate programmes for the training of doctors in Singapore) (92390**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Adult education services (92400)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Other education services (92900)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

6.    ENVIRONMENTAL SERVICES

Sewage Services (94010)

1) Unbound, except for consulting services

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section

1) Unbound, except for consulting services

2) None

3) Unbound

4) Unbound

Refuse Collection Services except Hazardous waste management (94020*)

1) Unbound, except for consulting services

2) None

3) None, except the refuse collector must be incorporated in Singapore.

The number of Public Waste Collectors is limited by the number of geographical sectors in Singapore.

4) Unbound except as indicated in the horizontal section

1) Unbound, except for consulting services

2) None

3) None

4) Unbound

Refuse Disposal Services except Landfill Services and Hazardous waste management (94020*)

1) Unbound, except for consulting services

2) None

3) None, except the company must be incorporated in Singapore

4) Unbound except as indicated in the horizontal section

1) Unbound, except for consulting services

2) None

3) None

4) Unbound

Hazardous waste management, including collection, disposal, and treatment of hazardous waste (94020*)

1) Unbound, except for consulting services

2) None

3) None, except the company must be incorporated in Singapore.

4) Unbound except as indicated in the horizontal section

1) Unbound, except for consulting services

2) None

3) None

4) Unbound

Sanitation and similar services (94030)

1) Unbound, except for consulting services

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound, except for consulting services

2) None

3) None

4) Unbound

Cleaning services of exhaust gases (94040)

1) Unbound, except for consulting services

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound, except for consulting services

2) None

3) None

4) Unbound

Noise abatement services (94050)

1) Unbound, except for consulting services

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound, except for consulting services

2) None

3) None

4) Unbound

Nature and landscape protection services (94060)

1) Unbound, except for consulting services

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound, except for consulting services

2) None

3) None

4) Unbound

7.    FINANCIAL SERVICES

Note

All the commitments in this Schedule are subject to horizontal commitments in Singapore's Schedule of Specific Commitments. All the commitments in this Schedule are also subject to entry requirements, admission criteria, domestic laws, guidelines, rules and regulations, terms and conditions of the Monetary Authority of Singapore (MAS) or any other relevant authority or body in Singapore, as the case may be provided that they do not circumvent Singapore's obligations taken herewith. Juridical persons supplying financial services are subject to non-discriminatory limitations on juridical form 167 .

A.    INSURANCE AND INSURANCE-RELATED SERVICES

(a)    Life insurance services including annuity, disability income, accident and health insurance services

1) Unbound

2) None

3) These measures are also limitations on national treatment. In considering the admission of insurers under the Central Provident Fund Investment Scheme (CPFIS), the Central Provident Fund Board takes into consideration the following factors:

(a)    whether the insurer has a minimum one-year track record as a registered insurer in Singapore;

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section.

(b)    whether the insurer employs a minimum of three fund management staff, one of whom must have at least five years of fund management experience. The other two may only have two years of fund management experience if he or she:

(i)    is a fully qualified Chartered Financial Analyst (CFA), or

(ii)    is an Associate of the Society of Actuaries, or

(iii)    holds a Certificate in Finance and Investments from the Institute of Actuaries, or

(iv)    holds an equivalent qualification from any of the professional actuarial bodies recognised in Singapore; and

(c)    whether the insurer manages at least S$500 million worth of funds in Singapore.

For the purpose of this limitation, the definition of "fund management staff" shall include portfolio managers, research analysts and traders.

4) Unbound except as indicated in the horizontal section.

(b)    Non-life insurance services including disability income, short term accident and health insurance and contracts of fidelity bonds, performance bonds or similar contracts of guarantee

1) Unbound except that insurers which are authorised or licensed to provide non-life insurance services in the European Union may provide insurance of maritime, aviation and transit ("MAT") risks comprising:

1) As indicated in the MA column.

2) None

3) None

4) Unbound except as indicated in the horizontal section.

(i)    maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and

(ii)    goods in international transit.

2) These measures are also limitations on national treatment.

None except that compulsory insurance of Motor Third Party Liability and Workmen's Compensation may only be purchased from licensed insurance companies 168 in Singapore.

3) None

4) Unbound except as indicated in the horizontal section.

(c)    Reinsurance and retrocession

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section.

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section.

(d)    Insurance intermediation comprising broking and agency services

1) Unbound except that brokers which are authorised or licensed to provide "MAT" and reinsurance intermediation in the EU may supply such services.

2) The placement of domestic risks outside Singapore by brokers is subject to the approval of MAS, with the exception of reinsurance risks and insurance risks relating to maritime liabilities of ship owners insured by protection & indemnity clubs, or marine, aviation and transit business insured with an approved MAT insurer.

1) As indicated in the MA column

2) None

3) None

4) Unbound except as indicated in the horizontal section

3) None

4) Unbound except as indicated in the horizontal section.

(e)    Services auxiliary to insurance comprising actuarial, loss adjustors, average adjustors and consultancy services

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

B.    BANKING AND OTHER FINANCIAL SERVICES

Note

All the commitments in this Schedule are subject to horizontal commitments in Singapore's Schedule of Specific Commitments. All the commitments in this Schedule are also subject to entry requirements, admission criteria, domestic laws, guidelines, rules and regulations, terms and conditions of the Monetary Authority of Singapore (MAS) or any other relevant authority or body in Singapore, as the case may be provided that they do not circumvent Singapore's obligations taken herewith. Juridical persons supplying financial services are subject to nondiscriminatory limitations on juridical form 169 .

(a)    Acceptance of deposits and other repayable funds from the public

1) Unbound

2) None

3) These measures are also limitations on national treatment.

Only institutions licensed or approved as banks, merchant banks and finance companies can accept deposits. This measure is not discriminatory.

Foreign banks can operate from only one office (excluding backoffice operations) unless otherwise specified in this schedule. They cannot establish off-premise ATMs and ATM networking and new sub-branches unless otherwise specified in this schedule. This is also a limitation on national treatment.

1) Unbound

2) None

3) Commercial banks

As indicated in the Market Access column.

Merchant banks

As indicated in the Market Access column.

Finance companies

As indicated in the Market Access column.

4) Unbound except as indicated in the horizontal section.

Commercial banks

If Singapore commits with countries, with at least one full bank licence with qualifying full bank (QFB) privileges other than the United States of America, to offer one or more new full bank licences with QFB privileges after the date of this Agreement comes into force, the number of additional new full bank licences with QFB privileges will be offered to the EU. Other than the EU, only Australia, China, India, Malaysia and the United States of America have one or more full bank licences with QFB privileges.

Location of banks and relocation of banks and sub-branches require prior approval from MAS. This limitation will not be used as a means of arbitrary and unjustifiable discrimination against EU banks or disguised restriction on trade in services to the competitive advantage of local incumbents.

If Singapore allows a foreign QFB, other than from the US, to have more than 50 customer service locations, the same privilege should also be given to significantly rooted EU QFBs.

None, except the following electronic retail banking services: opening of accounts by new customers 170 , acceptance of deposits, dispensing of legal tender notes and coins, and application for unsecured credit facilities 171 . These measures shall be non-discriminatory, be non-arbitrary and shall not include any economic needs test. For greater clarity, none of these measures shall apply to Wholesale Banks, Offshore Banks and Merchant Banks.

For the purpose of this limitation, electronic banking services are provided over points of access not arranged by the bank, such as mobile personal retail banking, home internet retail banking and as such technology may evolve.

Establishment and operation of commercial foreign banks, merchant banks and finance companies are also subject to the limitations listed under activities B(a) to B(l) and the following limitations:

Commercial banks

No new Full Bank licence will be granted to foreign banks, unless otherwise specified in additional commitments.

Any EU Bank with Qualifying Full Bank ("QFB") privileges will be allowed to establish up to an additional 25 customer service locations (of which up to 10 may be established as branches), over and above the EU Bank's existing limit of 25 customer service locations if and only if the Authority has determined that the EU Bank is significantly rooted in Singapore.

In determining whether the EU Bank is significantly rooted in Singapore, MAS will consider the following:

(a)    the EU Bank must, at a minimum, incorporate its retail banking operations;

(b)    a simple majority of the Board of the EU Bank's local subsidiary must be Singaporeans, Permanent Residents or a combination thereof;

(c)    MAS is satisfied that the EU Bank and the local subsidiary where applicable serves a comprehensive spectrum of the local community in Singapore and in principle, respects the key initiatives of any industry-wide associations;

(d)    MAS is satisfied that the EU Bank is committed to Singapore's financial stability and development in the long term. For example, MAS will consider the number of persons which the EU Bank employs in Singapore and its willingness to support Singapore's financial stability;

(e)    Singapore is one of the EU Bank's significant markets contributing a significant part of profits and assets to the EU Bank's global banking group 172 ;

(f)    major business lines are headquartered in Singapore and the key decision makers of the business lines are resident in Singapore.

For avoidance of doubt, the local subsidiary must hold the Full Bank licence with the QFB privileges and is the entity which would be allowed to establish up to an additional 25 customer service locations (of which up to 10 may be established as branches).

A QFB may, with the prior approval of the Authority, enter into any arrangement with a local bank for access to the ATM network of the local bank for the purpose of permitting a cardholder of the QFB to obtain cash advances from his credit or charge card account, as the case may be. Where such an application for approval is made by the QFB, it would be granted as a matter of course, subject to such conditions as the Authority may impose.

QFBs may provide debit services on an Electronic Funds Transfer at Point of Sale (EFTPOS) network.

Wholesale banks

12 EU banks holding Wholesale Bank licenses, upon application to the Authority, will be allowed to operate up to 2 customer service locations each.

Singapore commits to review the possibility of increasing the number of banks allowed to benefit from customer service locations once they are awarded to 12 EU banks.

Only a maximum of 20 new Wholesale Bank licenses will be granted by the Monetary Authority of Singapore and/or its successor body between 1 January 2013 to 31 December 2014.

Quantitative limits on the number of Wholesale Bank licences will be removed for EU Banks with or without operations in Singapore, 3 years after the date of entry into force of this Agreement and such Banks may be admitted directly as wholesale banks.

Wholesale banks are not permitted to:

(a)    accept Singapore dollar fixed deposits of less than S$250,000;

(b)    operate Singapore dollar savings accounts without MAS' prior approval;

(c)    operate interest-bearing Singapore dollar current accounts for natural persons who are Singapore residents;

(d)    issue Singapore dollar bonds and negotiable certificates of deposit, unless the requirements pertaining to minimum maturity period, minimum denomination or class of investors contained in the Guidelines for Operation of Wholesale Banks issued by the Monetary Authority of Singapore and/or its successor body are complied with.

Offshore banks

Offshore banks are not permitted to:

(a)    provide credit facilities to nonbank residents of Singapore in Singapore dollars exceeding a total of S$500 million at any one time;

(b)    offer savings account;

(c)    accept any fixed deposits or operate savings account in Singapore dollars from nonbank residents of Singapore;

(d)    operate current accounts for non-bank residents unless the accounts are offered:

(i)    in connection with credit facilities granted to, or

other business dealings with the customer; or

(ii)    to customers of the bank's head office;

(e)    operate interest-bearing Singapore dollar current accounts for natural persons who are Singapore residents;

(f)    operate Singapore dollar savings accounts from nonbank nonresidents of Singapore;

(g)    accept Singapore dollar fixed deposits of less than S$250,000 from non-bank non-residents;

(h)    issue Singapore dollar bonds and negotiable certificates of deposit, unless the requirements pertaining to minimum maturity period, minimum denomination or class of investors contained in the Guidelines for Operation of Offshore Banks issued by the Monetary Authority of Singapore and/or its successor body are complied with.

No foreign person shall, acting alone or in concert with other persons, assume control of any Singapore-incorporated bank or company, belonging to a class of financial institutions approved as financial holding companies under section 28 of the Monetary Authority of Singapore Act (referred to as a financial holding company) or approved, designated or otherwise regulated as financial holding companies under other laws and regulations.

Singapore shall not require more than a simple majority of the board of directors of an EU bank be composed of Singapore nationals, persons residing in Singapore, or a combination thereof.

Approval from the Minister is required before a person, either alone or together with associated persons, is allowed to acquire indirect control over and shareholdings or voting control of or exceeding 5 %, 12 %, 20 % shareholdings in a Singaporeincorporated bank or a financial holding company, and before a Singapore-incorporated bank or a financial holding company is merged or taken over by any other body.

In approving applications to exceed the threshold limits, the Minister may impose conditions that are considered necessary to prevent undue control, protect public interests and to ensure the integrity of the financial system.

A foreign person is a person that is:

In the case of a natural person, not a citizen of Singapore; and

In the case of a corporation, not controlled by citizens of Singapore.

Merchant banks

Merchant banks can only operate from one office (excluding back-office operations). This measure is not discriminatory.

Location and relocation of merchant banks require MAS' prior approval. This limitation shall not be used as a means of arbitrary and unjustifiable discrimination against EU merchant banks or disguised restriction on trade in services to the competitive advantage of local incumbents.

Merchant banks can, with MAS' authorisation, raise foreign currency funds from residents and non-residents, operate foreign currency savings accounts for non-residents and raise Singapore dollar funds from their shareholders and companies controlled by their shareholders, banks and finance companies. This measure is not discriminatory.

Finance companies

No new finance company licences will be granted.

Unbound for foreign acquisition of shares in finance companies and transfer or sale of foreign shareholdings in existing finance companies to foreign parties.

All finance companies, local and foreign-owned, can only conduct Singapore dollar business. With MAS' prior approval, eligible finance companies can also deal in foreign currencies, gold or other precious metals, and acquire foreign currency stocks, shares or debt/convertible securities.

4) Unbound except as indicated in the horizontal section.

(b)    Lending of all types including consumer credit, mortgage credit, factoring and financing of commercial transaction

1) Unbound

2) None

3) These measures are also limitations on national treatment:

(i)    Unbound for establishment of off-premise cash dispensing machines for credit and charge cards issuers as a means of circumventing quantitative restrictions on customer service locations.

1) None

2) None

3) As indicated in the MA column.

4) Unbound except as indicated in the horizontal section.

Financial institutions extending Singapore dollar (S$) credit facilities exceeding S$5 million per entity to non-resident financial entities or arranging S$ equity or bond issues for non-residents, must ensure that where the S$ proceeds are to be used outside Singapore, they are swapped or converted into foreign currency upon draw-down or before remittance abroad.

Financial entities shall not extend S$ credit facilities to non-resident financial entities if there is reason to believe that the S$ proceeds may be used for S$ currency speculation.

The term "non-resident" is as defined in MAS Notice 757, issued under the Banking Act.

Each offshore bank's lending in Singapore dollars to residents shall not exceed S$500m in aggregate.

Offshore banks should not use financial leasing activities or their related merchant banks to circumvent the S$500m lending limit.

(ii)    Establishment of credit companies which do not conduct activities requiring MAS' approval is allowed.

4) Unbound except as indicated in horizontal section.

(c)    Financial leasing

1) None

2) None

3) None

4) Unbound

1) None

2) None

3) None

4) Unbound

(d)    Payment and money transmission services, including credit, charge and debit cards, cheques and bankers' drafts

1) Unbound

2) None

3) These measures are also limitations on national treatment.

Remittance shops, except where the remittance business is conducted by banks and merchant banks, are required to be majority owned by Singapore citizens (i.e. ownership of more than 50% shareholding).

Bankers' drafts can only be issued by banks.

The limitations indicated in B(b)3) above also apply to the activities listed in B(d).

4) Unbound except as indicated in the horizontal section.

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section.

(e)    Guarantees and commitments

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section.

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section.

(f)    Trading for own account or for account of customers, whether on an exchange, in an overthe counter market or otherwise, the following:

–    money market instruments (including cheques, bills, certificates of deposit)

1) Unbound except for trading in products listed in B(f) for own account. Trading in money market instruments, foreign exchange, as well as exchange rate and interest rate instruments can be conducted with financial institutions only.

2) None

1) None

2) None

3) None except as indicated for activity B(b) above.

4) Unbound except as indicated in the horizontal section.

–    foreign exchange

–    derivative products, including financial futures and options

–    exchange rate and interest rate instruments, including swaps and forward rate agreements

–    transferable securities

–    other negotiable instruments and financial assets, including bullion

3) The offer of derivative products involving the Singapore dollar is subject to the requirement indicated in B(b)3)(i).

Moneychangers, except where the money changing business is conducted by banks and merchant banks and finance companies, are required to be majority owned by Singapore citizens (i.e. ownership of more than 50 % shareholding).

4) Unbound except as indicated in the horizontal section.

(g)    Participation in issues of all kinds of securities, including underwriting and placement as agent and provision of service related to such issues

1) Unbound except for participation in issues of securities for own account, and underwriting and placement of securities through stockbroking companies, banks or merchant banks in Singapore.

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None except as indicated for activity B(b) above.

4) Unbound except as indicated in the horizontal section.

(h)    Money broking

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section.

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section.

(i)    Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services

1) Unbound

2) None

3) These measures are also limitations on national treatment.

None, except:

(a)    Only the Central Depository Pte Ltd and/or its successor body is authorised to provide custodial depository services for book-entry securities.

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section.

(b)    In considering the admission of Fund Management Companies (FMCs) under the Central Provident Fund Investment Scheme (CPFIS), the Central Provident Fund Board takes into consideration the following factors:

(i)    whether the FMC has a minimum one-year track record as a capital markets services licence holder under the Securities and Futures Act, Cap. 289 (or its equivalent under the Securities Industry Act, Act 15 of 1986) in the fund management industry in Singapore while the group as a whole has a minimum of 3 years track record in fund management;

(ii)    whether the FMC manages at least S$500 million worth of funds in Singapore; and

(iii)    whether the FMC has a minimum of 3 fund managers, one of whom must have at least 5 years of fund management experience.

For the purpose of this limitation, the definition of "fund manager" shall include portfolio managers, research analysts and traders.

The establishment or operation of securities and futures markets as exchanges, exempt exchanges or recognized trading system providers, is subject to the authorization, including the imposition of conditions for authorization, by the Monetary Authority of Singapore and/or its successor body.

4) Unbound except as indicated in the horizontal section.

(j)    Settlement and clearing services for financial assets, including securities, derivative products and other negotiable instruments

1) Unbound, except for the provision of settlement and clearing services for financial assets which are listed on overseas exchanges only.

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section.

1) Unbound

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section.

(k)    Advisory and other auxiliary financial services, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy

1) Commercial presence is required for provision of investment and portfolio research and advice to the public.

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section.

(l)    Provision and transfer of financial information, and financial data processing and related software by providers of other financial services

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section.

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section.

8. HEALTH RELATED AND SOCIAL SERVICES

A.    Hospital Services

Hospital services, except:

(i)    supply of health services by governmentowned or controlled health institutions, and

(ii)    investments in governmentowned or controlled health institutions (93110**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

B.    Other Human Health Services

Ambulance services, except:

(i)    supply of health services by governmentowned or controlled health institutions, and

(ii)    investments in governmentowned or controlled health institutions (93192**)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

Acute care hospitals, nursing homes and convalescent hospitals as defined by the Private Hospitals and Medical Clinics Act (Cap. 248), run on a commercial basis (93193**)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

C.    Social Services (933)

Horizontal limitation on market access and national treatment

Statutory supervision services as listed in the Attachment are excluded from the scope of these commitments

Social services delivered through residential institutions to old persons and the handicapped (93311)

Social services delivered through residential institutions to children and other clients (93312)

1) Unbound

2) None

3) None, except that the total number of facilities/ service operations run by non-profit service suppliers that are partially State-funded is limited to the quantity determined by a master plan of State-funded social services in Singapore

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None except that Singapore retains the discretion to determine whether a non-resident service supplier may solicit business or conduct active marketing in Singapore

3) None

4) Unbound

Social services without accommodation (9332)

1) Unbound

2) None

3) None, except that the total number of facilities/ service operations run by non-profit service suppliers that are partially State-funded is limited to the quantity determined by a master plan of State-funded social services in Singapore

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None except that Singapore retains the discretion to determine whether a non-resident service supplier may solicit business or conduct active marketing in Singapore

3) None

4) Unbound

9.    TOURISM AND TRAVEL RELATED SERVICES

A.    Hotels and Restaurants (incl. Catering)

Hotel and other lodging services (641)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Food serving services, except meal serving services in eating facilities run by the government 173 (642**)

Beverage serving services for consumption on the premises 174

(643**)

1) None, except that only a Singapore national or permanent resident can apply for a licence to operate a food establishment in places such as hawker centres, restaurants and cafes, in their personal capacity.

2) None

1) None, except that only a Singapore national or permanent resident can apply for a licence to operate a food establishment in places such as hawker centres, restaurants and cafes, in their personal capacity.

2) None

3) None, except that only a Singapore national or permanent resident can apply for a licence to operate a food establishment in places such as hawker centres, restaurants and cafes, in their personal capacity. To provide food and/or beverage catering services in Singapore, a foreign service supplier must incorporate as a limited company in Singapore, and apply for the food establishment license in the name of the limited company.

4) Unbound except as indicated in the horizontal section

3) None, except that only a Singapore national or permanent resident can apply for a licence to operate a food establishment in places such as hawker centres, restaurants and cafes, in their personal capacity. To provide food and/or beverage catering services in Singapore, a foreign service supplier must incorporate as a limited company in Singapore, and apply for the food establishment license in the name of the limited company.

4) Unbound

B.    Travel Agencies & Tour Operators Services

Travel agencies & tour operators services (7471)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

C.    Tourist Guides Services

Tourist guides services (7472)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

10.    RECREATIONAL, CULTURAL AND SPORTING SERVICES

A.    Entertainment Services (including theatre, live bands & circus services) (9619)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

C.    Libraries, Archives, Museums and Other Cultural Services

Library services (96311)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Museum Services, including preservation of historical sites and buildings (9632)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Archive services except for services specified under the National Heritage Board Act (9631**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

D.    Sporting and Other Recreational Services

Sports and recreational services, except gambling and betting services (964**)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

11.    TRANSPORT SERVICES

A.    Maritime Transport Services

International transport (freight and passengers) excluding cabotage transport (7211**, 7212**)

1) None

2) None

3) None except on the registration of Singapore-flag ships as specified in the Merchant Shipping Act (Cap. 179) 175

4) Unbound except as indicated in the horizontal section; unbound for intracorporate transfers of ships' crews

1) None

2) None

3) None except on the registration of Singapore-flag ships as specified in the Merchant Shipping Act (Cap. 179) 176

4) Unbound

In accordance with the decisions made at the WTO Negotiating Group on Maritime Transport Services, where the following services are not otherwise covered by the obligation enshrined in (ii) of subparagraph (c) of Article XXVIII of the General Agreement on Trade in Services in Annex 1B to the WTO Agreement, they are made to international maritime transport operators on reasonable and non discriminatory terms and conditions:

–    pilotage;

–    towing and tug assistance;

–    provisioning, fuelling and watering;

–    garbage collection and ballast waste disposal;

–    port captain's services;

–    navigation aids;

–    emergency repair facilities;

–    anchorage; and

–    other shore-based operational services essential to ship operations, including communications, water and electrical supplies.

Maritime Auxiliary Services

Maritime agency services 177 (748**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

Shipping brokerage services (748**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

International towage (7214**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

Storage and warehousing services (742**)

1) Unbound

2) None except such services provided by the public terminal operators in the port

3) None except such services provided by the public terminal operators in the port

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None except such services provided by the public terminal operators in the port

3) None except such services provided by the public terminal operators in the port

4) Unbound except as indicated in the horizontal section

Container station and depot services 178

1) Unbound

2) None except such services provided by the public terminal operators in the port

3) None except such services provided by the public terminal operators in the port

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None except such services provided by the public terminal operators in the port

3) None except such services provided by the public terminal operators in the port

4) Unbound except as indicated in the horizontal section

Maritime freight forwarding services 179 (748, 749)

1) Office registration may be required.

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

Rental of vessels with crew (7213)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

Other supporting and auxiliary services (including catering) (749**)

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section

Maintenance and repair of vessels (8868**)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

B.    Rail Transport Services

Maintenance and repair of urban and suburban rail transport equipment

(8868**)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

C. Road Transport Services

Rental services of cars with operators (71222)

Rental services of buses and coaches with operators (71223)

Rental services of commercial freight vehicles with operators (71240)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

Freight transportation of:

(a)    refrigerated goods (71231)

(b)    liquids or gases (71232)

(c)    containerised freight (71233)

(d)    furniture (71234)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

Maintenance and repair services of motor vehicles (61120)

Maintenance and repair services of parts of motor vehicles (88**)

1) None

2) None

3) None

4) Unbound as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

Parking services (74430)

1) None

2) None

3) None

4) Unbound as indicated in the horizontal section

1) None

2) None

3) None

4) Unbound

D.    Services Auxiliary to All Modes of Transport except Maritime Transport Services

Storage and warehousing services, including container station and depot services (742)

1) Unbound

2) None

3) Unbound except storage and warehouse services for land transport

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) Unbound except storage and warehouse services for land transport

4) Unbound

12.    OTHER SERVICES NOT INCLUDED ELSEWHERE (95, 97, 98, 99)

Washing, cleaning and dyeing services (9701)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

Hairdressing and other beauty services (9702)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

Funeral, cremation and undertaking services except maintenance services of cemeteries, care of graves and graveyards (97030**)

1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section

1) Unbound

2) None

3) None

4) Unbound

Sector or subsector

Limitations on market access

Limitations on national treatment

Additional commitments

SECTOR SPECIFIC COMMITMENTS/LIMITATIONS

A.    AGRICULTURE, HUNTING AND FORESTRY

(a)    Agriculture, hunting and related service activities (ISIC rev 3: 011, 012, 013, 014, 015)

Unbound for measures affecting pig farming.

(b)    Forestry, logging and related service activities (ISIC rev 3: 020)

None

None

B.    FISHING

(a)    Fishing, operation of fish hatcheries and fish farms; service activities incidental to fishing (ISIC rev 3: 050)

None

None

C.    MINING AND QUARRYING

(a)    Mining of coal and lignite; extraction of peat (ISIC rev 3: 101, 102, 103)

None

None

(b)    Extraction of crude petroleum and natural gas; services activities incidental to oil and gas extraction excluding surveying (ISIC rev 3: 111, 112)

None

None

(c)    Mining of uranium and thorium ores (ISIC rev 3: 120)

None

None

(d)    Mining of metal ores (ISIC rev 3: 131, 132)

None

None

(e)    Other mining and quarrying (ISIC rev 3: 141, 142)

Unbound for measures affecting quarrying.

D.    MANUFACTURING

Unbound for measures affecting the manufacture for sale or other commercial purpose of any goods scheduled in the Control of Manufacture Act.

This limitation applies to the whole of "D. MANUFACTURING".

(a)    Manufacture of food products and beverages (ISIC rev 3: 151, 152, 153, 154 excluding the manufacturing of chewing gum, 155 excluding 1551 and 1553)

None

None

(b)    Manufacture of textiles (ISIC rev 3: 171, 172, 173)

None

None

(c)    Manufacture of wearing apparel; dressing and dyeing of fur (ISIC rev 3: 181, 182)

None

None

(d)    Tanning and dressing of leather; manufacture of luggage, handbags. Saddler, harness and footwear (ISIC rev 3: 191, 192)

None

None

(e)    Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials (ISIC rev 3: 201, 202)

None

None

(f)    Manufacture of paper and paper products (ISIC rev 3: 210)

None

None

(g)    Publishing, printing and reproduction of recorded media (ISIC rev 3: 221, 222, 223)

Unbound for measures in relation to the publication of printed media.

Printed media refers to any publication containing news, intelligence, reports of occurrences, or any remarks, observations, or comments relating thereto, or to any matter of public interest, printed in any language and published for sale or free distribution at intervals not exceeding one week.

(h)    Manufacture of coke, refined petroleum products (ISIC rev 3: 231, 232)

None

None

(i)    Manufacture of chemicals and chemical products (ISIC rev 3: 24 excluding the manufacturing of explosives)

None

None

(j)    Manufacture of rubber and plastics products (ISIC rev 3: 251, 252)

None

None

(k)    Manufacture of other non-metallic mineral products (ISIC rev 3: 261, 269)

None

None

(l)    Manufacture of basic metals (ISIC rev 3: 271 excluding the manufacturing of drawn steel products, 272, 273)

None

None

(m)    Manufacture of fabricated metal products, except machinery and equipment (ISIC rev 3: 281 excluding the manufacturing of nuclear reactors, 289)

None

None

(n)    Manufacture of machinery and equipment n.e.c. (ISIC rev 3: 291, 292 excluding the manufacturing of weapons and ammunition, 293)

None

None

(o)    Manufacture of office, accounting and computing machinery (ISIC rev 3: 300)

None

None

(p)    Manufacture of electrical machinery and apparatus n.e.c. (ISIC rev 3: 311, 312, 313, 314, 315, 319)

None

None

(q)    Manufacture of radio, television and communication equipment and apparatus (ISIC rev 3: 321, 322, 323)

None

None

(r)    Manufacture of medical, precision and optical instruments, watches and clocks (ISIC rev 3: 331, 332, 333)

None

None

(s)    Manufacture of motor vehicles, trailers and semi-trailers (ISIC rev 3: 341, 342, 343)

None

None

(t)    Manufacture of other transport equipment (ISIC rev 3: 351, 352, 353, 359)

None

None

(u)    Manufacture of furniture; manufacturing n.e.c. (ISIC rev 3: 361, 369)

None

None

(v)    Recycling (ISIC rev 3: 371, 372)

None

None

E.    ELECTRICITY, GAS, AND WATER SUPPLY

(a)    Electricity and gas (ISIC rev 3: 401, 402)

None, except:

(a)    Power producers shall only sell power through the Singapore electricity wholesale market and shall not be allowed to sell directly to consumers.

The amount of power supplied cumulatively by power producers located outside of Singapore to Singapore's wholesale power market shall not exceed 600 MW.

(b)    only SP Services Ltd and/or its successor body shall be allowed to supply electricity to:

(i)    All household consumers of electricity

(ii)    Non-household consumers of electricity whose Average monthly consumption is below 10,000kWh; and

(iii)    Consumers whose electricity is supplied at single phase low voltage.

(c)    only PowerAssets Ltd and/or its successor body shall be the transmission licencee as defined in the Electricity Act.

PowerAssets Ltd and/or its successor body shall be the sole owner and operator of the electricity transmission and distribution network in Singapore.

(d)    only City Gas Ltd and/or its successor body shall be allowed to produce and retail manufactured gas.

(e)    only Power Gas Ltd and/or its successor body shall be allowed to transport and distribute manufactured and natural gas.

Power Gas Ltd and/or its successor body shall be the sole owner and operator of the gas pipeline in Singapore.

ATTACHMENT TO APPENDIX 8-B-1:
TYPES OF SOCIAL SERVICES EXCLUDED FROM SINGAPORE'S

SCHEDULE OF SPECIFIC COMMITMENTS

1.    Statutory Supervision Services With Accommodation for the Following Types of Clients (9331):

(a)    women and girls detained in a place of safety under Section 160 of the Women's Charter (Cap. 353) (93312);

(b)    children detained in a place of safety under Section 8 of the Children & Young Persons Act (Cap. 38) (the "CYP Act")(93312);

(c)    children and young persons detained in a place of detention under Section 44 (1) (f) CYP Act, or on probation to an approved school 180 under Section 44 (1) (g) of the CYP Act (93319);

(d)    children and young persons admitted to an approved home for statutory supervision under Section 49 (ii) of CYP Act (93312);

(e)    persons placed on probation with the requirement of residence in an approved institution under Section 12 of the Probation of Offenders Act (Cap. 252) (93319).



2.    Statutory Supervision Services Without Accommodation for the Following Types of Clients (9332):

(a)    children and young persons placed under supervision of an appointed welfare officer under Section 49 (i) of the CYP Act (93329);

(b)    persons placed on probation without the requirement of residence in an approved institution under Section 5 of the Probation of Offenders Act (93329).



Appendix 8-B-2

SINGAPORE

SCHEDULE OF SPECIFIC COMMITMENTS – APPENDIX ON FINANCIAL SERVICES

A.    SPECIFIC COMMITMENTS

All the commitments in this Schedule are subject to horizontal commitments in Singapore's Schedule of Specific Commitments. All the commitments in this Schedule are also subject to entry requirements, admission criteria, domestic laws, guidelines, rules and regulations, terms and conditions of the Monetary Authority of Singapore (MAS) or any other relevant authority or body in Singapore, as the case may be provided that they do not circumvent Singapore's obligations taken herewith. Juridical persons supplying financial services are subject to non-discriminatory limitations on juridical form 181 .



Related to Insurance

1.    Singapore shall not require product filing or approval for insurance products other than for life insurance products 182 , Central Provident Fund-related products and investment-linked products. Where product filing or approval is required, Singapore shall allow the introduction of the product, which Singapore shall deem to be approved unless the product is disapproved within a reasonable time, endeavouring to do so in 30 days. Singapore shall not maintain limitations on the number or frequency of product introduction. This specific commitment does not apply where a financial institution of the Union seeks to supply a new financial service pursuant to Article 8.53 (New Financial Services).

Related to Portfolio Management

2.    (a)    Singapore shall allow, in a manner consistent with Article 8.49 (Scope and Definitions), a financial service supplier (other than a trust company or insurance company), organised outside its territory to provide investment advice and portfolio management services, excluding (1) custodial services and (2) trustee services and (3) execution services that are not related to managing a collective investment scheme, to the manager of a collective investment scheme, where the manager is:

(i)    located in the territory of Singapore; and

(ii)    related to the financial service supplier.



(b)    For purposes of this paragraph,

(i)    "collective investment scheme" has the meaning given to it under Section 2 of the Securities and Futures Act (Cap. 289); and

(ii)    "related" means a related corporation as defined under Section 6 of the Companies Act (Cap. 50).

Related to Credit and Charge Cards

3.    Singapore shall consider applications for access to automated teller machine networks operated by local banks in Singapore for credit and charge cards of non-bank issuers that are controlled by persons of the European Union. Where such applications are approved, non-bank issuers will thereafter be permitted to negotiate for access to the automated teller machine networks operated by local banks on commercial terms.

B.    OTHERS

1.    (a)    Solely in the context of future liberalisation of its banking sub-sector and not for the purposes of affording protection to local financial service suppliers within the banking sub-sector, Singapore may impose new non-conforming measures on a most-favoured nation treatment basis. Such measures may include, but are not limited to:

(i)    requirements regarding the composition of boards of directors of banks and finance companies; and



(ii)    limitations on the number of customer service locations of finance companies,

provided that any such non-conforming measure shall not derogate from commitments undertaken by Singapore in the Financial Services Section of its Schedule of Specific Commitments to liberalise on quantitative restrictions on the number of licences or on customer service locations for Union banks or establish time periods for allowing Union banks access to any ATM network in Singapore.

(b)    Where a Union financial service supplier chooses not to participate in a future liberalisation described in sub-paragraph (a), Singapore shall not apply any related new non-conforming measure or take any adverse action with respect to the financial service supplier.

(c)    If Singapore imposes any new non-conforming measure described in paragraph (a), it will:

(i)    notify the Union of its intent at least three months in advance of implementation of the measure;

(ii)    consult with the Union concerning the measure and give due consideration to the views expressed by the European Union in this respect; and



(iii)    make compensatory adjustments to the Financial Services Section of its Schedule of Specific Commitments with respect to the same class of financial service supplier of the banking sub-sector as are affected by the measure such that the general level of commitments is more favourable to trade in the banking sub-sector than prior to the new measure 183 .

(d)    Sub-paragraph (a) shall not apply to any commitments that Singapore makes in respect of additional licences and customer service locations.

________________

(1)    The Bulgarian property law recognizes the following limited property rights: right to use, right to build, right to raise a superstructure and servitudes.
(2)    As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
(3)    As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
(4)    According to the Law on Commercial Companies, a branch established in Slovenia is not considered a juridical person, but as regards its operation, its treatment is equal to that of a subsidiary, which is in line with Article XXVIII paragraph (g) of the GATS.
(5)    Due to the gradual liberalisation process of Singapore's legal services market, Singapore cannot yet commit to further market access in this sector. The Parties will, with a view to granting further market access, review their commitments in legal services no later than two years after entry into force of this Agreement. The Parties may, by decision in the Committee on Trade in Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees) amend either Party's schedules in this respect
(6)    It includes legal advisory services, legal representational services, legal arbitration and conciliation/mediation services, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, Union law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in the Member States of the Union. For lawyers providing legal services in respect of public international law and foreign law, these licensing requirements and procedures may take, inter alia, the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained), insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of Union law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in a Member State of the Union acting personally, and legal services in respect of the law of a Member State of the Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the Union might therefore be necessary for representation before courts and other competent authorities in the Union since it involves practice of Union and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national of or belonging to the State in which the lawyer is entitled to practice.
(7)    Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.(a) Legal Services.
(8)    The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in the Member States of the Union . As a general rule, this activity is reserved to pharmacists. In some Member States of the Union , only the supply of prescription drugs is reserved to pharmacists.
(9)    Part of CPC 85201, which is to be found under 1.A.(h) Medical and Dental services.
(10)    The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.
(11)    Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 1.F.(l)1. to 1.F.(l)4. Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 1.B. Computer and Related Services.
(12)    Does not include printing services, which fall under CPC 88442 and are to be found under 1.F.(p).
(13)    "Handling" refers to activities such as clearance, sorting, transport and delivery.
(14)    "Postal item" refers to items handled by any type of commercial operator, whether public or private.
(15)    E.g. letters, postcards.
(16)    Books and catalogues are included hereunder.
(17)    Journals, newspapers, and periodicals.
(18)    Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit, and confirmation of receipt.
(19)    Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service. "Postal item" refers to items handled by any type of commercial operator, whether public or private.
(20)    "Items of correspondence" means a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.
(21)    Transportation of postal and courier items on own account by any land mode.
(22)    Transportation of mail on own account by air.
(23)    These services do not include on-line information and/or data processing (including transaction processing) (part of CPC 843) which is to be found under 1.B. Computer and Related services.
(24)    Broadcasting is defined as the uninterrupted chain of transmission via wired or wireless means (regardless of the location of the originating transmission) required for the reception and/or display of aural and/or visual programme signals by all or any part of the public, but does not cover contribution links between operators.
(25)    These services, which include CPC 62271, are to be found in ENERGY SERVICES under 14.D.
(26)    Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 1.B. and 1.F.(l). Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 14.E. and 14.F.
(27)    Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 1.A.(k).
(28)    Corresponds to sewage services.
(29)    Corresponds to cleaning services of exhaust gases.
(30)    Corresponds to parts of nature and landscape protection services.
(31)    Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the Union and another port or point located in the same Member State, 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 Union.
(32)    Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the Union and another port or point located in the same Member State, 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 Union.
(33)    Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the Union and another port or point located in the same Member State, 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 Union.
(34)    Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the Union and another port or point located in the same Member State, 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 Union.
(35)    Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A. Postal and Courier Services.
(36)    Pipeline transportation of fuels is to be found in ENERGY SERVICES under 14.B.
(37)    Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 1.F.(l)1 to 1.F.(l)4.
(38)    "Customs clearance services" mean the activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity.
(39)    "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.
(40)    Unbound due to lack of technical feasibility.
(41)    "Maritime agency services" means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:
marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information;

acting on behalf of the companies organising the call of the ship or taking over cargoes when required.
(42)    "Maritime freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
(43)    Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 14.C.
(44)    Includes the following services rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation, on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services and plugging and abandoning of wells.
Does not include direct access to or exploitation of natural resources.

Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 3. CONSTRUCTION
AND RELATED ENGINEERING SERVICES.
(45)    Therapeutical massages and thermal cure services are to be found under 1.A.(h) Medical and Dental services, 1.A.(j)2. Services provided by Nurses, Physiotherapists and Paramedical Personnel, and Health Services (8.A and 8.C).
(46)    The Bulgarian property law recognizes the following limited property rights: right to use, right to build, right to raise a superstructure and servitudes.
(47)    As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
(48)    As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
(49)    As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
(50)    According to the Law on Commercial Companies, a branch established in Slovenia is not considered a juridical person, but as regards its operation, its treatment is equal to that of a subsidiary, which is in line with Article XXVIII paragraph (g) of the GATS.
(51)    Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific listing is not practical. To facilitate comprehension, specific footnotes in this list of commitments will indicate in an illustrative and non-exhaustive way those sectors where public utilities play a major role.
(52)    This limitation does not apply to telecommunications services and to computer and related services.
(53)    In accordance with Article 54 of the Treaty on the Functioning of the European Union, these subsidiaries are considered as juridical persons of the Union. To the extent that they have a continuous and effective link with the economy of the European Union, they are beneficiaries of the Union's internal market, which includes, inter alia, the freedom to establish and to provide services in all Member States of the Union.
(54)    Such investment tends to imply not only economic interests, but also non-economic interests for these entities.
(55)    Total sum of assets, or total sum of debts plus capital.
(56)    Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.(f) and 6.F.(g).
(57)    Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.(f) and 6.F.(g).
(58)    Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.(f) and 6.F.(g).
(59)    The horizontal limitation on public utilities applies.
(60)    Does not include services incidental to mining rendered on a fee or contract basis at oil and gas fields which are to be found in ENERGY SERVICES under 19.A.
(61)    A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 per cent of the equity interests in a juridical person shall be deemed to constitute control.
(62)    This sector does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.(h).
(63)    The sector is limited to manufacturing activities. It does not include activities which are audiovisual-related or present a cultural content.
(64)    Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.(p).
(65)    The horizontal limitation on public utilities applies.
(66)    A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 per cent of the equity interests in a juridical person shall be deemed to constitute control.
(67)    The horizontal limitation on public utilities applies.
(68)    Does not include operation of electricity transmission and distribution systems on a fee or contract basis, which are to be found in ENERGY SERVICES.
(69)    Does not include transportation of natural gas and gaseous fuels via pipelines, transmission and distribution of gas on a fee or contract basis, and sales of natural gas and gaseous fuels, which are to be found in ENERGY SERVICES.
(70)    Does not include transmission and distribution of steam and hot water on a fee or contract basis and sales of steam and hot water, which are to be found in ENERGY SERVICES.
(71)    A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 per cent of the equity interests in a juridical person shall be deemed to constitute control.
(72)    Due to the gradual liberalisation process of Singapore's legal services market, Singapore cannot yet commit to further market access in this sector. The Parties will, with a view to granting further market access, review their commitments in legal services no later than two years after entry into force of this Agreement. The Parties may, by decisions in the Committee on Services, Investment and Government Procurement established pursuant to Article 16.2 (Specialised Committees) amend either Party's schedules in this respect.
(73)    Includes legal advisory services, legal representational services, legal arbitration and conciliation/mediation services, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, Union law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in the Member States of the Union. For lawyers providing legal services in respect of public international law and foreign law, these licensing requirements and procedures may take, inter alia, the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained), insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of Union law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in a Member State of the Union acting personally, and legal services in respect of the law of a Member State of the Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the Union might therefore be necessary for representation before courts and other competent authorities in the Union since it involves practice of Union and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national of or belonging to the State in which the lawyer is entitled to practice.
(74)    Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.(a) Legal Services.
(75)    The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in the Member States of the Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.
(76)    The horizontal limitation on public utilities applies.
(77)    Part of CPC 85201, which is to be found under 6.A.(h). Medical and Dental services.
(78)    The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.
(79)    The horizontal limitation on public utilities applies to technical testing and analysis services, which are compulsory for the granting of marketing authorisations or for utilisation authorisations (e.g. car inspection, food inspection).
(80)    The horizontal limitation on public utilities applies to certain activities related to mining (e.g. minerals, oil, and gas).
(81)    Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F.(l)1. to 6.F.(l)4. Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. Computer and Related Services.
(82)    Does not include printing services, which fall under CPC 88442 and are to be found under 6.F.(p).
(83)    "Handling" refers to activities such as clearance, sorting, transport and delivery.
(84)    "Postal item" refers to items handled by any type of commercial operator, whether public or private.
(85)    E.g. letters, postcards.
(86)    Books and catalogues are included hereunder.
(87)    Journals, newspapers and periodicals.
(88)    Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit, and confirmation of receipt.
(89)    Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service. "Postal item" refers to items handled by any type of commercial operator, whether public or private.
(90)    "Items of correspondence" means a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.
(91)    Transportation of postal and courier items on own account by any land mode.
(92)    Transportation of mail on own account by air.
(93)    These services do not include on-line information and/or data processing (including transaction processing) (part of CPC 843) which is to be found under 6.B. Computer and Related Services.
(94)    Broadcasting is defined as the uninterrupted chain of transmission via wired or wireless means (regardless of the location of the originating transmission) required for the reception and/or display of aural and/or visual programme signals by all or any part of the public, but does not cover contribution links between operators.
(95)    For clarification purposes, some Member States of the Union maintain public participation in certain telecommunication operators. Those Member States reserve their rights to maintain such public participation in the future. This is not a market access limitation. In Belgium, government participation and voting rights in Belgacom are freely determined under legislative powers as is presently the case under the law of 21 March 1991 on the reform of governmentowned economic enterprises.
(96)    The horizontal limitation on public utilities applies to the distribution of chemical products, of pharmaceuticals, of products for medical use such as medical and surgical devices, medical substances and objects for medical use, of military equipment and precious metals (and stones) and, in some Member States of the European Union, also to the distribution of tobacco and tobacco products and of alcoholic beverages.
(97)    These services, which include CPC 62271, are to be found in ENERGY SERVICES under 19.D.
(98)    Does not include maintenance and repair services which are to be found in BUSINESS SERVICES under 6.B. and 6.F.(l).
Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 1
9.E. and 19.F.
(99)    Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 6.A.(k).
(100)    The horizontal limitation on public utilities applies.
(101)    Corresponds to sewage services.
(102)    Corresponds to cleaning services of exhaust gases.
(103)    Corresponds to parts of nature and landscape protection services.
(104)    The horizontal limitation on public utilities applies.
(105)    The horizontal limitation on public utilities applies.
(106)    The horizontal limitation on public utilities applies to port services and other maritime transport services requiring the use of the public domain.
(107)    Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the Union and another port or point located in the same Member State, 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 Union.
(108)    Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the Union and another port or point located in the same Member State, 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 Union.
(109)    Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the Union and another port or point located in the same Member State, 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 Union.
(110)    Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the Union and another port or point located in the same Member State, 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 Union.
(111)    The horizontal limitation on public utilities applies to rail transport services requiring the use of the public domain.
(112)    The horizontal limitation on public utilities applies.
(113)    The horizontal limitation on public utilities applies in some Member States.
(114)    Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A Postal and Courier Services of Appendix 8-A-1
(115)    Pipeline transportation of fuels is to be found in ENERGY SERVICES under 19.B.
(116)    The horizontal limitation on public utilities applies.
(117)    Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.(l)1. to 6.F.(l)4.
(118)    The horizontal limitation on public utilities applies to port services, to other auxiliary services requiring the use of the public domain, and to pushing and towing services.
(119)    "Customs clearance services" mean the activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity.
(120)    "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.
(121)    "Maritime agency services" means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:
marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information;

acting on behalf of the companies organising the call of the ship or taking over cargoes when required.
(122)    This measure is applied on a non-discriminatory basis.
(123)    "Maritime freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
(124)    The horizontal limitation on public utilities applies to port services, to other auxiliary services requiring the use of the public domain and to pushing and towing services.
(125)    The horizontal limitation on public utilities applies when the services require the use of the public domain.
(126)    The horizontal limitation on public utilities applies when the services require the use of the public domain.
(127)    Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 19.C.
(128)    The horizontal limitation on public utilities applies.
(129)    The horizontal limitation on public utilities applies.
(130)    Includes the following services rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation, on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services and plugging and abandoning of wells.
Does not include direct access to or exploitation of natural resources.

Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION
AND RELATED ENGINEERING SERVICES.
(131)    The horizontal limitation on public utilities applies.
(132)    The horizontal limitation on public utilities applies.
(133)    The horizontal limitation on public utilities applies.
(134)    The horizontal limitation on public utilities applies.
(135)    Except for consulting services, the horizontal limitation on public utilities applies.
(136)    Therapeutical massages and thermal cure services are to be found under 6.A.(h) Medical and Dental services, 6.A.(j)2. Services provided by Nurses, Physiotherapists and Paramedical personnel, and Health Services (13.A and 13.C).
(137)    The horizontal limitation on public utilities applies to spa services and non-therapeutical massages provided in domains of public utility such as certain water sources.
(138)    As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
(139)    In order for non-Union country nationals to obtain Union-wide recognition of their qualifications, a mutual recognition agreement, negotiated within the framework defined in Article 8.16 (Mutual Recognition of Professional Qualifications), is necessary.
(140)    This sector does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.(h).
(141)    Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.(p).
(142)    Includes legal advisory services, legal representational services, legal arbitration and conciliation/mediation services, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, Union law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in the Member States of the Union. For lawyers providing legal services in respect of public international law and foreign law, these licensing requirements and procedures may take, inter alia, the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained), insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of Union law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in a Member State of the Union acting personally, and legal services in respect of the law of a Member State of the Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the Union might therefore be necessary for representation before courts and other competent authorities in the Union since it involves practice of Union and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national of or belonging to the State in which the lawyer is entitled to practice.
(143)    Does not include legal advisory and legal representational services on tax matters, which are to be found under 6.A.(a) Legal Services.
(144)    The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in the Member States of the Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.
(145)    The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons purchasing real estate.
(146)    Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F.(l)1. to 6.F.(l)4. Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. Computer and Related Services.
(147)    Does not include printing services, which fall under CPC 88442 and are to be found under 6.F.(p).
(148)    Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 6.B. and 6.F.(l). Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 19.E and 19.F.
(149)    Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A Postal and Courier Services of Appendix 8-A-1.
(150)    Pipeline transportation of fuels is to be found in ENERGY SERVICES under 19.B.
(151)    Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.(l)1. to 6.F.(l)4.
(152)    Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 19.C.
(153)    Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation, on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services, plugging and abandoning of wells.
Does not include direct access to or exploitation of natural resources.

Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION
AND RELATED ENGINEERING SERVICES.
(154)    Therapeutical massages and thermal cure services are to be found under 6.A.(h) Medical and Dental services, 6.A.(j)2. Services provided by Nurses, Physiotherapists and Paramedical personnel, and health services (13.A and 13.C).
(155)    Persons who qualify to be appointed in such a capacity are primarily Singapore citizens, Singapore permanent residents and EntrePass holders (all with local address).
(156)    Following the conclusion of the review of the Business Registration Act, any amendment to the Act by Singapore to delete any restriction for businesses conducted wholly online as appropriate, will be incorporated into this schedule.
(157)    Due to the gradual liberalisation process of Singapore's legal services market, Singapore cannot yet commit to further market access in this sector. The Parties will, with a view to granting further market access, review their commitments in legal services no later than two years after entry into force of the EUSFTA. The Trade Committee may amend either Party’s schedules in this respect.
(158)    A "letter" means any communication in written form on any kind of physical medium to be conveyed and delivered (otherwise than electronically) to a particular addressee or address indicated by the sender on the letter itself or on its wrapping, and includes a postal article containing such communication, but does not include any book, catalogue, newspaper or periodical.
(159)    The security conditions cannot in any case constitute a means of arbitrary or unjustifiable discrimination against the EU operators, or a disguised restriction on establishment or cross border supply of services.
(160)    A "local express letter" means a letter originating from a sender in Singapore and intended for delivery within Singapore within the same working day.
(161)    An "international express letter" means a letter – (i) originating from a sender in Singapore and intended for delivery to a destination outside Singapore at a rate faster than the published delivery standard for air mail letters despatched by the public postal licensee; or (ii) originating from a sender outside Singapore and intended for delivery within the same working day in Singapore.
(162)    Telecommunication services exclude broadcasting services, which are services consisting of the uninterrupted chains of transmission by wired or wireless means required for the reception and/or display of aural and/or visual programme signals by all or part of the public.
(163)    Basic Telecommunication Services may be provided using satellite technology.
(164)    This includes voice, data and facsimile services.
(165)    Mobile Services may be provided using satellite technology.
(166)    Local tertiary institutions are tertiary institutions which are established pursuant to an Act of Parliament, or as designated by the Ministry of Education.
(167)    For example, partnerships and sole proprietorships are generally not acceptable juridical forms for depository financial institutions in Singapore. This headnote is not itself intended to affect, or otherwise limit, a choice by a financial service supplier of the other Party between branches or subsidiaries.
(168)    Licensing is expressed as, and equivalent to, registration for insurance companies, and insurance brokers carrying on insurance business in Singapore as provided for in Singapore domestic law on insurance.
(169)    For example, partnerships and sole proprietorships are generally not acceptable juridical forms for depository financial institutions in Singapore. This headnote is not itself intended to affect, or otherwise limit, a choice by a financial service supplier of the other Party between branches or subsidiaries.
(170)    This limitation does not preclude the possibility that parts of these transactions may be performed online.
(171)    This limitation does not preclude the possibility that parts of these transactions may be performed online.
(172)    "EU Bank's global banking group" means the parent company of the EU Bank (or the EU Bank, as the case may be, where it is not owned or controlled by a parent company) and its group of companies which are consolidated according to accounting standards in the jurisdiction where the parent company is incorporated or established.
(173)    Excluding food serving services in air and maritime transport services.
(174)    Excluding food serving services in air and maritime transport services.
(175)    To register a Singapore-flagged ship, the ship owner must be Singapore citizen(s), or Singapore incorporated company(ies) with a minimum paid-up capital of SGD50,000.
(176)    To register a Singapore-flagged ship, the ship owner must be Singapore citizen(s), or Singapore incorporated company(ies) with a minimum paid-up capital of SGD50,000.
(177)    "Maritime agency services" (or "Shipping agency services") means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:
marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information;

acting on behalf of the companies organising the call of the ship or taking over cargoes when required. However, this sub-sector does not include any service comprised in "maritime cargo handling services", "container station and depot services", "freight forwarding services" and "customs clearance services".
(178)    "Container station and depot services" means activities consisting of storing containers with a view to their stuffing/stripping, repairing and making them available for shipments.
(179)    "Maritime freight forwarding services" means the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information, including customs clearance. The latter means the activities consisting in carrying out on behalf of another customs formalities concerning import, export or through transport of cargoes, whether this service in the main activity of the service provider or a usual complement of its main activity but excludes the exercise of statutory powers by Customs officers.
(180)    The term "approved school" used in Section 44(1) (g) of the CYP Act denotes a remand home for young offenders, and not a mainstream educational institution. Young offenders are detained in an ‘approved school’ for rehabilitation rather than for formal education.
(181)    For example, partnerships and sole proprietorships are generally not acceptable juridical forms for depository financial institutions in Singapore. This headnote is not itself intended to affect, or otherwise limit, a choice by a financial service supplier of the other Party between branches or subsidiaries.
(182)    Life insurance products here would include non-short term accident and health policies and term policies exceeding five years.
(183)    It is understood that compensatory adjustments shall not be regarded as inadequate solely because the general level of commitments after the introduction of the new measure is not significantly more favourable to trade in the banking sub-sector than prior to the introduction of the measure.