Sector or sub-sector

Description of reservations

ALL SECTORS

Real estate

For Modes 1 and 2:

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

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

In 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 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.

In CY: Unbound.

In CZ: Specific rules apply to agricultural land under state ownership. State agricultural land can be acquired only by Czech nationals, nationals of another Member State, or states parties to the Agreement on the EEA or the Swiss Confederation (hereinafter referred to as "Switzerland"). Legal persons 2 can acquire state agriculture land from the state only if they are agricultural entrepreneurs in the Czech Republic or persons with similar status in other Member State of the Union, or states parties to the Agreement on the EEA or Switzerland.

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

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

In EE: Unbound for the acquisition of agricultural and forest land 3 .

In ES: Foreign investment in activities directly relating to real estate investments for diplomatic missions by States that are not Member States of the EU require an administrative authorisation from the Spanish Council of Ministers, unless there is a reciprocal liberalisation agreement in place.

In EL: Real estate acquisition or tenancy in the border regions is prohibited to natural or legal persons whose nationality or base is outside the Member States and the European Free Trade Association. The ban may be lifted with a discretionary decision taken by a committee of the appropriate Decentralised Administration (or the Minister of National Defence in case the properties to be exploited belong to the Fund for the Exploitation of Private Public Property).

In FI (Åland Islands): Restrictions apply 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 also apply on the right of establishment and the right to carry out economic activities 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.

In 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.

In HU: Limitations apply on acquisition of land and real estate by foreign investors 4 .

In 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.

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

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

In LT: Unbound for acquisition of land 5 .

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

In PL: The acquisition of real estate, direct and indirect, by foreigners requires a permit. A permit is issued through an administrative decision by a minister competent in internal affairs, with the consent of the Minister of National Defence, and in the case of agricultural real estate, also with the consent of the Minister of Agriculture and Rural Development.

In 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.

In SI: Juridical persons, established in Slovenia with foreign capital participation, may acquire real estate in the territory of Slovenia. Branches 6 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.

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

ALL SECTORS

Recognition

In 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 7 .

BUSINESS SERVICES

A. Professional Services

(a) Legal Services (CPC 861) 8

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

For Modes 1 and 2:

In EU: Legal representation of natural or juridical persons before the European Union Intellectual Property Office (hereinafter referred to as "EUIPO") may only be undertaken by a legal practitioner qualified in one of the Member States of the EEA and having their place of business within the EEA, to the extent that they are entitled, within the said Member State, to act as a representative in trade mark matters or in industrial property matters and by professional representatives whose names appear on the list maintained for this purpose by the EUIPO (part of CPC 861).

In AT: EEA or Swiss nationality as well as residency (commercial presence) is required for the practice of legal services in respect of host jurisdiction (Union and Member State) law, including representation before courts. Only lawyers of EEA or Swiss nationality are allowed to provide legal services through commercial presence. The practice of legal services in respect of public international law and home-jurisdiction law is only allowed on a cross-border basis.

In BE: Residency is required for full admission to the Bar, and is necessary for the practice of legal services in respect of Belgian law, including representation before courts. Representation before "the Cour de Cassation" is subject to nomination on a specific list.

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

In CY: Full admission to the Bar is subject to a nationality condition. Only advocates enrolled in the Bar may be partners or shareholders or members of the Board of Directors in a law company in Cyprus.

In CZ: For the practice of legal services in respect of EU and Member State law, including representation before courts, full admission to the Czech Bar Association as well as residence (commercial presence) is required.

In DK: The delivery of legal services under the title "advokat" (advocate) or any similar title, as well as representation before the courts, is reserved for advocates with a Danish licence to practise. EU, EEA and Swiss advocates may practise under the title of their country of origin. Other persons than advocates with a Danish license to practise law may perform legal examination in services in accordance with the Danish Act on Legal Services, but are not allowed to use the title "advokat".

In DE: Only lawyers with EEA or Swiss qualifications may be admitted to the Bar and are thus entitled to provide legal services in respect of domestic law. Commercial presence is required in order to obtain full admission to the Bar. Exemptions may be granted by the competent bar association.

In EL: EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of EU and Member State law, including representation before courts.

In ES: EEA or Swiss nationality is required for the practice of legal services in respect of EU and Member State law, including representation before courts. The competent authorities may grant nationality waivers. A professional address is required in order to provide any legal services.

In FI, LU: Full admission to the Bar, which is required for legal representation services, is subject to a nationality condition, coupled with a residency requirement.

In FI: EEA or Swiss residency and Bar membership is required for the use of the professional title of "advocate" (in Finnish "asianajaja" or in Swedish "advokat"). Legal services, including in relation to Finnish law, may also be provided by non-Bar members

In FI: A patent agent must be resident in the EEA in order to be recorded in the Patent Agents Register, which is necessary for the practice of the profession.

In FR: For the practice of home jurisdiction and international law, residency or establishment in the EEA is required to practise on a permanent basis. For the practice of host jurisdiction law (EU and French law), residency or establishment in the EEA is required for full admission to the Bar, necessary for the practice of legal services. 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.

In FR: To be registered on the industrial property agent services list, establishment or residency in the EEA is required. EEA nationality is required for natural persons. To represent a client in front of the national intellectual property office, establishment in the EEA is required.

In HR: Unbound for practicing of Croatian law.

In 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.

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

In LT, MT: Full admission to the Bar, required for the practice of Union and Member State law, is subject to a nationality condition.

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

In RO: Full admission to the Bar is subject to residency requirement. A foreign lawyer practicing the lawyer profession in Romania is required to register with the Bar. A foreign lawyer can only submit oral or written conclusions to courts and other jurisdictional and legal authorities for international arbitrage matters, provided the condition of actual reciprocity is fulfilled.

In SK: Full admission to the Bar, required for the practice of Union and Member State law, is subject to a nationality condition coupled with a residency requirement. Actual reciprocity is required.

In SI: Representing clients before the court against payment is conditioned by commercial presence in Republic of Slovenia. A foreign lawyer who has the right to practise law in a foreign country may perform legal services or practise law under the conditions laid down in Article 34a of Attorneys Act, provided the condition of actual reciprocity is fulfilled. Commercial presence for appointed attorneys by the Slovene Bar Association is restricted to sole proprietorship, law firm with limited liability (partnership) or to a law firm with unlimited liability (partnership) only. The activities of a law firm shall be restricted to the practice of law. Only attorneys may be partners in a law firm.

In SI: Residency in Slovenia is required for a holder or applicant of registered industrial property rights (patents, trademarks, design protection) to act before the Slovenian Intellectual Property Office without a patent agent or trademark and design agent. Alternatively, a patent agent or a trademark and design agent registered in Slovenia is required for the main purpose of services of process, notification, etc.

In SE: Admission to the Bar, which is 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:

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

In AT: Nationality condition applies for representation before competent authorities.

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

For Mode 2:

None.

(b) 2. Auditing services

(CPC 86211 and 86212 other than accounting services)

For Mode 1:

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

In EU: Supply of statutory auditing services requires approval by the competent authorities of a Member State that may recognise the equivalence of the qualifications of an auditor who is a national of Indonesia or of any third country subject to reciprocity (CPC 8621).

In AT: Nationality condition applies 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.)

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

In SE: Only auditors approved in Sweden and auditing firms registered in Sweden may perform statutory auditing services. EEA residency is required. The titles of "approved auditor" and "authorised auditor" may only be used by auditors approved or authorised in Sweden. Auditors of co-operative economic associations and certain other enterprises who are not certified or approved accountants must be resident within the EEA, unless the Government, or a Government authority appointed by the Government, in a particular case allows otherwise.

In LT: Auditor's report must be prepared in conjunction with an auditor accredited to practise in Lithuania.For Mode 2:

None.

(c) Taxation Advisory Services

(CPC 863) 9

For Mode 1:

In AT: Nationality condition applies for representation before competent authorities.

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

In BG, MT, RO, SI: Unbound.

In CZ: Taxation services may be provided by natural persons only who are registered in the list of the Chamber of Tax Consultants or in the Chamber of Auditors.

In FR: Establishment or residency is required.

In HU: EEA residency is required for the supply of taxation advisory services, insofar as they are being supplied by a physical person present in the territory of Hungary.

For Mode 2:

None.

(d) Architectural services;

and

(e) Urban planning and landscape architectural services

(CPC 8671 and CPC 8674)

For Mode 1:

In AT: Unbound, except for pure planning services.

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

In CZ, HU: Residency requirement.

In 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 recognised (validated) by an authorised natural or legal person in Croatia with regard to its compliance with Croatian Law. Unbound for urban planning.

In 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:

In AT, SI: Unbound, except for pure planning services.

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

In CZ, HU: Residency requirement.

In 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 recognised (validated) by an authorised natural or legal person in Croatia with regard to its compliance with Croatian Law.

In HU: EEA residency is required for the supply of the following services, insofar as they are supplied by a physical person present in the territory of Hungary: architectural services, engineering services (only applicable to graduate trainees), integrated Engineering services, landscape architectural services (CPC 8671, 8672, 8673, 8674).

In SK: Nationality and residency requirement.

For Mode 2:

None.

(h) Medical (including Psychologists), and Dental services

(CPC 9312 and part of CPC 85201)

For Mode 1:

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

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

In HR: Unbound, except for telemedicine.

In CZ: Access is restricted to natural persons only.

For Mode 2:

None.

(i) Veterinary services

(CPC 932)

For Mode 1:

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

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:

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

In FI, PL: Unbound, except for nurses.

In 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 10

For Mode 1:

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

In LV, LT: Unbound, except for mail order.

In 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 (hereinafter referred to as "R&D")

R&D services on Social Sciences and Humanities

(CPC 852 excluding psychologists services) 11

None.

R&D services on natural sciences

(CPC 851)

Interdisciplinary R&D services

(CPC 853)

For Modes 1 and 2:

EU: For publicly funded R&D services, exclusive rights 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 12

(a) Involving Own or Leased Property

(CPC 821)

For Mode 1:

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

In DK: Residency of Union, EEA or Switzerland. Other legislation concerning the access for foreigners to buy or sell property in Denmark can be applicable, such as residency requirements.

In HR: Commercial presence required.

In PT: EEA residency is required for natural persons. EEA incorporation is required for legal persons.

For Mode 2:

None.

(b) On a Fee or Contract Basis

(CPC 822)

For Mode 1:

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

In HR: Commercial presence required.

In DK: Residency of Union, EEA or Switzerland. Other legislation concerning the access for foreigners to buy or sell property in Denmark can be applicable, such as residency requirements.

For Mode 2:

None.

E. Rental/Leasing Services without Operators

(a) Relating to Ships

(CPC 83103)

For Mode 1:

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

For Mode 2:

None.

(b) Relating to Aircraft

(CPC 83104)

For Modes 1 and 2:

In EU: For rental or leasing of aircraft without crew (dry lease) aircraft used by an air carrier of the European Union are subject to applicable aircraft registration requirements. A dry lease agreement to which an EU carrier is a party shall be subject to requirements in EU or national law on aviation safety, such as prior approval and other conditions applicable to the use of third countries' registered aircraft. To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by enterprises meeting specific criteria regarding ownership of capital and control.

(c) Relating to Other Transport Equipment

(CPC 83101, CPC 83102 and CPC 83105)

For Mode 1:

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

In SE: Suppliers of rental or leasing services of cars and certain off-road vehicles ("terrängmotorfordon") without a driver, rented or leased for a period of less than one year requires residency in SE.

For Mode 2:

None.

(d) Relating to Other Machinery and Equipment

(CPC 83106, CPC 83107, CPC 83108 and CPC 83109)

For Mode 1:

In 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:

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

In EE: Unbound, except for leasing or rental services concerning pre-recorded 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:

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

(e) Technical Testing and Analysis Services

(CPC 8676)

For Mode 1:

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

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

For Mode 2:

In 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:

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

In EE, MT, RO: Unbound.

For Mode 2:

None.

(g) Advisory and Consulting Services Relating to Fishing

(part of CPC 882)

For Mode 1:

In 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:

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

For Mode 2:

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

(i) 2. Placement Services

(CPC 87202)

For Mode 1:

In 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: Unbound.

In BE: A company having its head office outside the EEA has to demonstrate that it supplies placement services in its country of origin. Non-discriminatory legal form requirements apply.

For Mode 2:

In 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:

In 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:

In 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:

In all Member States except HU: Unbound.

In HU: None.

(j) 1. Investigation Services

(CPC 87301)

For Modes 1 and 2:

In 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: Unbound.

(j) 2. Security Services

(CPC 87302, CPC 87303, CPC 87304 and CPC 87305)

For Mode 1:

In HU: Unbound for CPC 87304, CPC 87305.

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

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

For Mode 2:

In HU: Unbound for CPC 87304, CPC 87305.

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

(k) Related Scientific and Technical Consulting Services

(CPC 8675)

For Mode 1:

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

In FR: Unbound for exploration and prospecting services.

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

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

For Mode 2:

None.

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

(part of CPC 8868)

For Mode 1:

In 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: 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:

In BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HR, IE, IT, LT, LU, MT, NL, PT, RO, SK, SI, SE: 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 13

(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:

In 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: Unbound.

For Mode 2:

None.

(n) Photographic Services

(CPC 875)

For Mode 1:

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

In 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:

In HR: Residency requirement applies.

In SE: Natural persons who are owners of periodicals that are printed and published in Sweden must reside in Sweden or be nationals of a Member State of the EEA. Owners of such periodicals who are legal persons must be established in the EEA. Periodicals that are printed and published in Sweden and technical recordings must have a responsible editor, who must be domiciled in Sweden, in accordance with the Freedom of the press act (1949:105), the Fundamental law on Freedom of Expression (1991:1469); and the Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of Expression (1991:1559).

(q) Convention Services

(part of CPC 87909)

For Modes 1 and 2:

None.

(r) 1. Translation and Interpretation Services

(CPC 87905)

For Mode 1:

In CY: Unbound for official and certified translations by sworn translators.

In FI: Residency in EEA is required for certified translators.

In PL: Unbound for services of sworn interpreters.

In HR: Unbound for official documents.

In 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:

None.

For Mode 2:

None.

(r) 3. Collection Agency Services

(CPC 87902)

For Modes 1 and 2:

In 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: Unbound.

(r) 4. Credit reporting services

(CPC 87901)

For Modes 1 and 2:

In 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: Unbound.

(r) 5. Duplicating services

(CPC 87904) 14

For Mode 1:

In 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: 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.

(s) Sales and Marketing

(t) Computer Reservations System

For Modes 1 and 2:

In EU: Where Union air carriers are not accorded, by CRS services suppliers operating outside the Union, equivalent (meaning non-discriminatory) treatment to the treatment provided by Union CRS service suppliers to air carriers of a third country in the Union, or where Union CRS services suppliers are not accorded, by non-Union air carriers, equivalent treatment to the treatment provided by air carriers in the Union to CRS service suppliers of a third country, measures may be taken to accord the equivalent discriminatory treatment, respectively, to the non-Union air carriers by the CRS services suppliers operating in the Union, or to the non-Union CRS services suppliers by Union air carriers.

2. COMMUNICATION SERVICES

A. Postal and Courier Services

(CPC 751 and CPC 71235)

For Modes 1 and 2:

In EU: The organisation of the siting of letter boxes on the public highway, the issuing of postage stamps and the provision of the registered mail service used in the course of judicial or administrative procedures may be restricted in accordance with national legislation. Licencing systems may be established for those services for which a general universal service obligation exists. These licences may be subject to particular universal service obligations or a financial contribution to a compensation fund.

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 15 , excluding broadcasting 16

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 except for CY.

In CY: Nationality Condition

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)

(b) Other Commission Agents Services

(CPC 621)

For Modes 1 and 2:

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

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

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

In HR: Unbound for tobacco products.

In LT: The distribution of pyrotechnics is subject to licensing. Only juridical persons established in the Union may obtain a licence.

In SE: Unbound for biocide products.

In CY: Unbound for distribution of alcoholic beverages and tobacco products.

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 17 )

For Mode 1:

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

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

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

In SE: Unbound for retail sales of alcoholic beverages.

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

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

In 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.

In MT: Unbound for commission agents' services.

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

In CY: for wholesale trade of pharmaceuticals: Nationality condition.

In ES: State monopoly for retail sale or supply of tobacco.

In LT: Distribution of pyrotechnics is subject to licensing. Only legal persons established in the EU may obtain a licence.

C. Retailing Services 18

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 19

(CPC 632 excluding CPC 63211 and 63297)

D. Franchising

(CPC 8929)

5. EDUCATIONAL SERVICES (only privately-funded services)

A. Primary Education Services

(CPC 921)

For Mode 1:

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

For Mode 2:

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

B. Secondary Education Services

(CPC 922)

For Mode 1:

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

For Mode 2:

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

For Modes 1 and 2:

In 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:

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

In FR: Nationality condition applies. However, Indonesia's nationals may obtain authorisation from competent authorities to establish and direct an education institution, and to teach. Such authorisation is granted on a discretionary basis.

In IT: Nationality condition applies for service providers to be authorised to issue State recognised diplomas.

For Mode 2:

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

For Modes 1 and 2:

In 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:

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

For Mode 1:

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

E. Other education services

(CPC 929)

For Modes 1 and 2:

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

For Mode 1:

In HR: None for correspondence education or education via telecommunications.

6. ENVIRONMENTAL SERVICES

A. Waste Water Services

(CPC 9401) 20

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) 21

For Mode 1:

In 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) 22

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 insurance-related services

For Modes 1 and 2:

In AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PL, PT, RO, SK, SE, SI: 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.

In 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.

In 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.

In 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.

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

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

In 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.

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

For Mode 1:

In AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PT, RO, SK, SE, SI: 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.

In 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.

In 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.

In 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.

In LV, LT, PL, BU: Unbound for insurance intermediation.

In 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.

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

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

(b)    non-life insurance: for the supply of non-life insurance to foreign persons residing in Croatia other than automobile liability; and

(c)    marine, aviation, transport.

In 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.

In 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.

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

In ES: Residency or two years of experience is required for the actuarial profession.

In SK: Air and maritime transport insurance, covering the aircraft or vessel and responsibility, can be underwritten only by insurance companies established in the EU or by the branch office of the insurance companies not established in the EU authorised in the Slovak Republic.

For Mode 2:

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

In 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.

In 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 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); and

c)    marine, aviation, transport.

In 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)

For Mode 1:

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

In AT, BE: Establishment is required for the provision of investment advisory services.

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

In 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.

In 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.

In 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.

In 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.

In 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.

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

In 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.

In LT: Commercial presence is required for pension fund management.

In 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.

In 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.

In 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.

In SI: Unbound except for lending of all types, the acceptance of guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors, the provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services, advisory and other auxiliary financial services on all these activities, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

For Mode 2:

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

In 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)

In EU: Unbound with respect to activities or services forming part of a public retirement plan or statutory system of social security.

A. Hospital Services

(CPC 9311)

C. Residential health facilities other than hospital services

(CPC 93193)

For Mode 1:

In 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: Unbound.

For Mode 2:

None.

D. Social Services

(CPC 933)

For Mode 1:

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

For Mode 2:

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

In CZ: Unbound.

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:

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

In HR: Unbound.

For Mode 2:

None.

B. Travel Agencies and Tour Operators Services

(including tour managers)

(CPC 7471)

For Mode 1:

In BG, HU: Unbound.

In CY: Nationality condition. Foreign service providers have to be represented by a resident Travel Office.

For Mode 2:

None.

C. Tourist Guides Services

(CPC 7472)

For Mode 1:

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

In ES, FR: Nationality of a Member State of the EU is required for the provision of tourist guide services.

In EL: Third country nationals have to obtain a diploma from the Tourist Guide Schools of the Greek Ministry of Tourism, in order to be entitled to the right of practising the profession. By exception, the right of practicing the profession can be temporally accorded to third countries' citizens, by way of derogation of the above-mentioned provisions, in the event of the confirmed absence of a tourist guide for a specific language.

For Mode 2:

None.

10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audio-visual services)

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

(CPC 9619)

For Mode 1:

In 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: Unbound.

For Mode 2:

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

In 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 ).

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

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

B. News and Press Agencies Services

(CPC 962)

For Mode 1:

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

For Mode 2:

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

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

For Mode 1:

In 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: Unbound.

For Mode 2:

In 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: Unbound.

D. Sporting services

(CPC 9641)

For Modes 1 and 2:

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

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

For Mode 1:

In 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 23 ).

(b) International freight transportation

(CPC 7212 less national cabotage transport 24 )

For Modes 1 and 2:

None.

B. Rail Transport

(a) Passenger transportation

(CPC 7111)

For Mode 1 and 2:

In EU: Unbound.

(b) Freight transportation

(CPC 7112)

For Mode 1 and 2:

In EU: Unbound, except for National Treatment where: None.

In IE and SK: Unbound.

C. 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 25 )

For Mode 1:

In EU: Unbound.

For Mode 2:

None.

D. Pipeline transport of goods other than fuel 26

(CPC 7139)

For Mode 1:

In EU: Unbound.

For Mode 2:

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

12. SERVICES AUXILIARY TO TRANSPORT 27

A. Services auxiliary to Maritime Transport

(a) Maritime Cargo Handling

Services

(b) Storage and warehousing Services

(part of CPC 742)

(c) Customs Clearance Services

(d) Container Station and Depot Services

(e) Maritime Agency Services

For Mode 1:

In EU: Unbound for maritime cargo handling services and for pushing and towing services.

In EU: None, except residency requirement for Customs Clearance Services.

In SE: None except for pushing or towing and rental of vessels with crew where SE has limitations on cabotage and flag.

In AT, BG, CY, CZ, DE, EE, HU, LT, MT, PL, RO, SI, SK: Unbound for rental of vessels with crew.

In HR: Unbound except for freight transport agency services.

For Mode 2:

None.

(f) Maritime freight forwarding Services

(g) Rental of Vessels with Crew

(CPC 7213)

(h) Pushing and towing services

(CPC 7214)

(i) Supporting services for maritime transport

(part of CPC 745)

(j) Other supporting and auxiliary services

(part of CPC 749)

B. 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:

In EU: Unbound for pushing and towing services.

In CZ: Unbound for direct branching (incorporation is required).

In HR: Unbound, except for freight transport agency services.

For Mode 2:

None.

C. 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:

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

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

In CZ: Unbound for direct branching (incorporation is required).

For Mode 2:

None.

D. Services auxiliary to air transport services

(a) Ground-handling services (including catering services)

For Mode 1:

In EU: Unbound except for catering.

For Mode 2:

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

(b) Storage and warehouse services

(part of CPC 742)

For Modes 1 and 2:

None.

(c) Freight transport agency services

(part of CPC 748)

For Modes 1 and 2:

None.

E. Services auxiliary to pipeline transport of goods other than fuel 28

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

(part of CPC 742)

For Mode 1:

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

For Mode 2:

None.

13. OTHER TRANSPORT SERVICES

Provision of Combined Transport Service

All Member States except in 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.

In 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) 29

For Modes 1 and 2:

None.

B. Pipeline Transportation of fuels

(CPC 7131)

For Mode 1:

EU: Unbound.

For Mode 2:

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

C. Storage and warehouse services of fuels transported through pipelines

(part of CPC 742)

For Mode 1:

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

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

In SK: For liquid and gaseous fuels: Unbound for direct branching (incorporation is required).

For Mode 2:

None.

E. Retailing services of motor fuel

(CPC 613)

For Mode 1:

In EU: Unbound.

For Mode 2:

None.

F. Retail sales of fuel oil, bottled gas, coal and wood

(CPC 63297)

and retailing services of electricity, (non-bottled) gas, steam and hot water

For Mode 1:

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

In BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, SK: 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:

In 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:

In EU: Unbound.

For Mode 2:

None.

(b) Hairdressing services

(CPC 97021)

For Mode 1:

In EU: Unbound.

For Mode 2:

None.

(c) Cosmetic treatment, manicuring and pedicuring services

(CPC 97022)

For Mode 1:

In EU: Unbound.

For Mode 2:

None.

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

(CPC 97029)

For Mode 1:

In 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 30

(CPC ver. 1.0 97230)

For Mode 1:

In EU: Unbound.

For Mode 2:

None.

(g) Telecommunications connection services

(CPC 7543)

For Modes 1 and 2:

None.

Sector or sub-sector

Description of reservations

ALL SECTORS

Real estate

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

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

In 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 31 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.

In CY: Unbound.

In CZ: Specific rules apply to agricultural land under state ownership. State agricultural land can be acquired only by Czech nationals, nationals of another Member State, or states parties to the Agreement on the EEA or the Swiss Confederation. Legal persons 32 can acquire state agriculture land from the state only if they are agricultural entrepreneurs in the Czech Republic or persons with similar status in other Member State of the European Union, or states parties to the Agreement on the EEA or the Swiss Confederation.

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

In DK: Limitations apply on real estate purchase by non‑resident physical and legal entities. Limitations also apply on agricultural estate purchased by physical and legal entities.

In EE: Unbound for the acquisition of agricultural and forest land 33 .

In ES: Foreign investment in activities directly relating to real estate investments for diplomatic missions by States that are not Member States of the EU require an administrative authorisation from the Spanish Council of Ministers, unless there is a reciprocal liberalisation agreement in place.

In EL: Real estate acquisition or tenancy in the border regions is prohibited to natural or legal persons whose nationality or base is outside the Member States and the European Free Trade Association. The ban may be lifted with a discretionary decision taken by a committee of the appropriate Decentralized Administration (or the Minister of National Defense in case the properties to be exploited belong to the Fund for the Exploitation of Private Public Property)

In FI (Åland Islands): Restrictions apply 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.

In 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.

In HU: Unbound for the acquisition of state-owned properties. Limitations apply on acquisition of land and real estate by foreign investors 34 .

In 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.

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

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

In LT: Unbound for acquisition of land 35 .

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

In PL: The acquisition of real estate, direct and indirect, by foreigners requires a permit. A permit is issued through an administrative decision by a minister competent in internal affairs, with the consent of the Minister of National Defence, and in the case of agricultural real estate, also with the consent of the Minister of Agriculture and Rural Development.

In 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.

In SI: Juridical persons, established in Slovenia with foreign capital participation, may acquire real estate in the territory of Slovenia. Branches 36 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.

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

ALL SECTORS

Managing directors and auditors

In 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.

In 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.

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

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

In SE: The managing director of a juridical person or a branch must be resident within the EEA, unless the competent authority in a particular case allows otherwise. An auditor who is an authorized or approved auditor in Sweden must reside within the EEA. An auditor who is not an authorized or approved auditor in Sweden must reside within the EEA, unless an authorized or approved auditor also participates in the audit. The competent authority may in a particular case allow otherwise.

ALL SECTORS

Public utilities

In 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 37   38 .

ALL SECTORS

Types of establishment

In EU: Treatment accorded to subsidiaries (of Indonesia'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 Indonesia's companies 39 . However, this does not prevent a Member State from extending this treatment to branches or agencies established in another Member State by a third-country company or firm, as regards their operation in the first Member State's territory, unless such extension is explicitly prohibited by Union law.

In EU: Non-discriminatory legal form requirements apply.

In BG: The establishment of branches is subject to authorisation.

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

In FI: An Indonesian person 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 an Indonesian 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 an Indonesian organisation or a natural person who is not a citizen of the Union.

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

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

In PL: With the exception of financial services, unbound for branches. Indonesian investors can undertake and conduct economic activity only in the form of a general 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).

In 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.

In SE: An Indonesian company, which has not established a legal entity in Sweden or is conducting its business through a commercial agent, shall conduct its commercial operations through a branch, registered in Sweden, with independent management director, and separate accounts. The managing and the vice-managing director if appointed, of the branch must reside in the European Economic Area (EEA). A natural person not resident in the EEA, who conducts commercial operations in Sweden, shall appoint and register a resident representative responsible for the operations in Sweden. Separate accounts shall be kept for the operations in Sweden. The competent authority may in individual cases grant exemptions from the branch and residency requirements. Building projects with duration of less than a year – conducted by a company located or a natural person residing outside the EEA – are exempted from the requirements of establishing a branch or appointing a resident representative.

For limited liability companies and co-operative economic associations, at least 50 % of the members of the board of directors, at least 50 % of the deputy board members, the managing director, the vice-managing director, and at least one of the persons authorised to sign for the company, if any, must reside within the EEA. The competent authority may grant exemptions from this requirement. If none of the company's or society's representatives reside in Sweden, the board must appoint and register a person resident in Sweden, who has been authorised to receive servings on behalf of the company or society.

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

In SK, an Indonesian natural person whose name is to be registered in the appropriate register (Commercial Register, Entrepreneurial or other professional register) as a person authorised to act on behalf of the entrepreneur is required to submit residence permit for Slovakia.

ALL SECTORS

Investment

In BG: In enterprises where the public (State or municipal) share in the equity capital exceeds 30 %, 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 Indonesian 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 point a).

Established enterprises may employ third country nationals only for positions for which there is no requirement for Bulgarian nationality. The total number of third country nationals employed by an established enterprise over a period of the preceding 12 months must not exceed 20 % 35 % or small and medium-sized enterprises) of the average number of Bulgarian nationals, nationals of other Member States, of states parties to the Agreement on the European Economic Area or of the Swiss Confederation hired on an employment contract. In addition, the employer must demonstrate that there is no suitable Bulgarian, EU, EEA or Swiss worker for the respective position by conducting a labour market test before employing a third country national.

For highly qualified, seasonal and posted workers, as well as for intra-corporate transferees, researchers and students there is no limitation on the number of third country nationals working for a single enterprise. For the employment of third country nationals in these categories, no labour market test is required.

In DK: The establishment of branches by foreign companies outside the Union depends 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.

In ES: The investment in Spain by foreign governments and foreign public entities, directly or through companies or other entities controlled directly or indirectly by foreign governments, needs prior authorisation by the government. Such investment tends to imply not only economic interests, but also non-economic interests for these entities.

In FR: Pursuant to articles L151-1 and 151-1 et seq. of the financial and monetary code, foreign investments in France in sectors listed in article R.151-3 of the financial and monetary code are subject to prior approval from the Minister for the Economy.

The approval granted may have special conditions attached to it.

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.

In FI: Acquisition of shares by Indonesian owners giving more than one third of the voting rights of a major Finnish company or a major business undertaking (with more than 1 000 employees, with a turnover exceeding 168 million Euros or with a balance sheet total 40 exceeding EUR 168 million) is subject to confirmation by the Finnish authorities. This confirmation may be denied only if an important national interest would be jeopardised. These limitations do not apply to telecommunications services.

In HU: Indonesian participation in newly privatised companies is unbound.

In LT: Enterprises, sectors, zones, assets and facilities of strategic importance to national security.

In IT: Exclusive rights may be granted to or maintained in respect of newly‑privatised 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

In FI: In the Åland Islands, limitations on the right of establishment and the right to carry out economic activities 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.

ALL SECTORS

Recognition

In 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 41 .

1.    AGRICULTURE, HUNTING, FORESTRY

A. Agriculture, hunting

(ISIC rev 3.1: 011, 012, 013, 014, 015) excluding advisory and consultancy services 42

In EU, with the exception of AT, FI, FR, HR, HU, IE, MT, RO, SE and SI: None.

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

In FR, the establishment of agricultural enterprises by Indonesian nationals and the acquisition of vineyards by Indonesian investors are subject to authorisation. Prior authorisation is also required in order to become a member or act as a director of an agricultural cooperative.

In SE: The Sami people are granted an exclusive right to reindeer husbandry.

In IE, establishment by Indonesian residents in flour milling activities is subject to authorisation.

In FI: Only nationals of a Member State of the EEA resident in the reindeer herding area may own reindeer and practice reindeer husbandry. Exclusive rights may be granted.

B. Forestry and logging

(ISIC rev 3.1: 020) excluding advisory and consultancy services 43

In EU, with the exception of BG: None.

In BG, unbound for logging activities.

2. Fishing and aquaculture

(ISIC rev.3.1: 0501, 0502) excluding advisory and consultancy services 44

In EU: Unbound.

3. Mining and quarrying 45

A. Mining of coal and lignite; extraction of peat

(ISIC rev 3.1: 10)

FL in the EU except in BE.

In EU: Unbound for juridical persons controlled 46 by natural or juridical persons of a non-Union country which accounts for more than 5 % 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.

In CY: Unbound.

B. Extraction of crude petroleum and natural gas 47

(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)

In SI: The exploration for and exploitation of mineral resources, including regulated mining services, are subject to establishment in or citizenship of the EEA, the Swiss Confederation or an OECD Member, or of a third country on condition of material reciprocity. Compliance with the condition of reciprocity is verified by the Ministry responsible for mining.

In SK: For mining, activities related to mining and geological activity, incorporation in the EEA is required (no branching). Mining and prospecting activities covered by Act of the Slovak Republic 44/1988 on protection and exploitation of natural resources are regulated on a non-discriminatory basis, including through public policy measures seeking to ensure the conservation and protection of natural resources and the environment such as the authorisation or prohibition of certain mining technologies. For greater certainty, such measures include the prohibition of the use of cyanide leaching in the treatment or refining of minerals, the requirement of a specific authorisation in the case of fracking for activities of prospecting, exploration or extraction of oil and gas, as well as prior approval by local referendum in the case of nuclear/radioactive mineral resources.

4. Manufacturing 48   49

FL in the EU except for ISIC 23.2 in CY.

A. Manufacture of food products and beverages

(ISIC rev 3.1: 15)

None.

B. Manufacture of tobacco products

(ISIC rev 3.1: 16)

In EU, with the exception of CY: None.

In CY: Unbound

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 50

(ISIC rev 3.1: 22, excluding publishing and printing on a fee or contract basis 51 )

In EU, with the exception of IT, HR, PL and SE: None.

In IT: nationality condition for owner of publishing and printing company applies.

In HR: residency requirement applies.

In PL: Nationality is required for the editor-in-chief of newspapers and journals.

In SE: Natural persons who are owners of periodicals that are printed and published in Sweden must reside in Sweden or be nationals of a Member State of the EEA. Owners of such periodicals who are legal persons must be established in the EEA. Periodicals that are printed and published in Sweden and technical recordings must have a responsible editor, who must be domiciled in Sweden, in accordance with the Freedom of the press act (1949:105), the Fundamental law on Freedom of Expression (1991:1469); and the Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of Expression (1991:1559).

I. Manufacture of coke oven products

(ISIC rev 3.1: 231)

None.

J. Manufacture of refined petroleum products 52

(ISIC rev 3.1: 232)

In EU, unbound for juridical persons controlled by natural or juridical persons of a non-Union country which accounts for more than 5 % 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 non‑metallic 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 ammunition

(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 semi‑trailers

(ISIC rev 3.1: 34)

None.

S. Manufacture of other (non‑military) 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)

In EU, with the exception of CZ: None.

In CZ: Only an authorised package company is allowed to supply services relating to packaging

take-back and recovery and must be a juridical person established as a joint-stock company.

5. PRODUCTION, TRANSMISSION AND DISTRIBUTION ON OWN ACCOUNT OF ELECTRICITY, GAS, STEAM AND HOT WATER 53 (EXCLUDING NUCLEAR BASED ELECTRICITY GENERATION)

A. Production, transmission and distribution of electricity on own account

(part of ISIC rev 3.1: 4010)

In EU: Unbound.

B. Manufacture of gas; distribution of gaseous fuels through mains on own account

(part of ISIC rev 3.1: 4020) 54

In 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) 55

In EU: Unbound for juridical persons controlled 56 by natural or juridical persons of a non-Union country which accounts for more than 5% of the Union's oil or natural gas imports. Unbound for direct branching (incorporation is required).

In CZ: An authorisation is required. Such authorisation may only be granted to a natural person with a residence permit or a legal person established in the Union.

In SK: An authorisation is required for the production and distribution of steam and hot water. An economic needs test is applied and the application may be denied only if the market is saturated. For all those activities, an authorisation may only be granted to a natural person with permanent residency in the EEA or a legal person of the EEA.

6. BUSINESS SERVICES

A. Professional Services

(a) Legal Services

(CPC 861) 57

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

In EU: Legal representation of natural or juridical persons before the European Union Intellectual Property Office (hereinafter referred to as "EUIPO ") may only be undertaken by a legal practitioner qualified in one of the Member States of the European Economic Area and having their place of business within the European Economic Area, to the extent that they are entitled, within the said Member State, to act as a representative in trade mark matters or in industrial property matters and by professional representatives whose names appear on the list maintained for this purpose by the EUIPO. (part of CPC 861).

In EU: Specific non-discriminatory legal form requirements apply in each Member State.

In AT: Equity participation and shares in the operating result of any law firm by foreign lawyers (who must be fully qualified in their home-jurisdiction) is allowed up to 25 %; the rest must be held by fully qualified EEA or Swiss lawyers and only the latter may exercise decisive influence in the decision making of the law firm.

In BE: Residency is required for full admission to the Bar, and necessary for the practice of legal services in respect of Belgian domestic law, including representation before courts. Representation before "the Cour de Cassation"is subject to nomination on a specific list.

In CY: Full admission to the Bar, required for the provision of legal services. Admission to Bar is subject to a nationality condition. Only advocates enrolled in the Bar may be partners or shareholders or members of the Board of Directors in a law company in Cyprus.

In CZ: For the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts, full admission to the Czech Bar Association as well as residence (commercial presence) is required.

In DE: Only lawyers with EEA or Swiss qualification may be admitted to the Bar and are thus entitled to provide legal services in respect of domestic law. Commercial presence is required in order to obtain full admission to the Bar. Exemptions may be granted by the competent bar association.

For foreign lawyers (with other than EEA and Swiss qualification) there may be restrictions for holding shares of a law firm which provides legal services in domestic law. Foreign lawyers or law firms may offer legal services in foreign law and in public international law if they prove expert knowledge.

A professional company may only become a shareholder in a German law firm if it is admitted to the German Bar and takes one of the legal forms listed in Article 59b of the Federal Lawyers Act. A shareholder must participate actively in the law firm. Branches of foreign law firms may provide legal services if they have been admitted to the Bar. Bar admission requires qualification of shareholders as lawyers or patent attorneys from a state where the corresponding legal profession is recognised by regulation of the German Ministry of Justice as having a comparable education and professional status (section 206 Federal Lawyers Act and section 157 Federal Patent Lawyers Act). The branch must have a separate management with power of agency in Germany and at least one manager of the branch with power of attorney must be admitted to the German bar.

In DK: For law firms non-discriminatory a legal form requirements apply. Furthermore the sole purpose of a law firm must be to practice law. Shares of a law firm can only be owned by advocates who actively practice law in the firm, its parent company or its subsidiary company, other employees than advocates in the firm, or another law firm registered in Denmark. Furthermore, other employees than advocates in the firm may collectively only own less than 10 % of the shares and of the voting rights, and in order to be shareholders they must pass an exam on the rules of particular importance for the practice of law. Only advocates who actively practice law in the firm, its parent company or its subsidiary company, other shareholders, and representatives of employees, may be members of the board. The majority of the members of the board must be advocates who actively practice law in the firm, its parent company or its subsidiary company. Only advocates who actively practice law in the firm, its parent company or its subsidiary company, and other shareholders having passed the exam mentioned above, may be a director of the law firm. Advocates practicing law in a law firm or other employees in the corporation who own shares therein shall be personally liable jointly with the firm for any claim arising as a result of their assistance to a client.

In EL: EEA or Swiss nationality and residency (commercial presence) is required for the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts.

In ES: EEA or CH nationality is required for the practice of legal services in respect of domestic (EU and Member State) law, including representation before courts. The competent authorities may grant nationality waivers. Professional address is required in order to provide any legal services.

In 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 a nationality condition. 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. Shareholders, directors and partners may be subject to specific restrictions related to their professional activity. In a law firm providing services in respect of French or Union law, at least 75% of the partners holding 75 % of the shares shall be lawyers fully admitted to the Bar in France.

In FR: To be registered on the industrial property agent services list, establishment or residency in the EEA is required. EEA nationality is required for natural persons. To represent a client in front of the national intellectual property office, establishment in the EEA is required. Provision only through SCP (société civile professionnelle), SEL (société d'exercice libéral) or any other legal form, under certain conditions. Irrespective of the legal form, more than half of shares and voting rights must be held by EEA professionals. Law firms may be entitled to provide industrial property agent services (see reservation for legal services).

In FI: EEA or Swiss residency and Bar membership is required for the use of the professional title of "advocate" (in Finnish "asianajaja" or in Swedish "advokat". Legal services, including in relation to Finnish domestic law, may also be provided by non-Bar members.

In FI: A patent agent must be resident in the EEA in order to be recorded in the Patent Agents Register, which is necessary for the practice of the profession.

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

In HU: Full admission to the Bar is subject to a nationality condition, coupled with a residency requirement. Commercial presence should take the form of partnership with a Hungarian barrister ("ügyvéd") or a barrister's office ("ügyvédiiroda"), or a representative office.

In LT: Full admission to the Bar, required for the practice of domestic (Union and Member State) law, is subject to a nationality condition.

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

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

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

In RO: Full admission to the Bar is subject to residency requirement. The foreign lawyer practicing the lawyer profession in Romania has the obligation to register with the Bar. A foreign lawyer can only submit oral or written conclusions to courts and other jurisdictional and legal authorities for international arbitrage matters, provided a condition of actual reciprocity is fulfilled.

In SI: Representing clients before the court against payment is conditioned by commercial presence in Republic of Slovenia. A foreign lawyer who has the right to practise law in a foreign country may perform legal services or practise law under the conditions laid down in Article 34a of Attorneys Act, provided the condition of actual reciprocity is fulfilled. Commercial presence for appointed attorneys by the Slovene Bar Association is restricted to sole proprietorship, law firm with limited liability (partnership) or to a law firm with unlimited liability (partnership) only. The activities of a law firm shall be restricted to the practice of law. Only attorneys may be partners in a law firm.

In SI: Residency in Slovenia is required for a holder/applicant of registered industrial property rights (patents, trademarks, design protection) to act before the Slovenian Intellectual Property Office without a patent agent or trademark and design agent. Alternatively, a patent agent or a trademark and design agent registered in Slovenia is required for the main purpose of services of process, notification, etc.

In SK: Full admission to the Bar, required for the practice of domestic Union and MS law, is subject to a nationality condition, coupled with a residency requirement. Actual reciprocity is required.

In 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)

FL in the EU

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

In 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 five years.

(b) 2. Auditing services

(CPC 86211 and 86212 other than accounting services)

In EU: Supply of statutory auditing services requires approval by the competent authorities of a Member State that may recognise the equivalence of the qualifications of an auditor who is a national of Indonesia or of any third country subject to reciprocity (CPC 8621).

In AT: Indonesian auditors' (who must be authorised according to the law of Indonesia) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25%, if they are not members of the Austrian Professional Body. Nationality condition applies 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.).

In CY: Authorisation is required, subject to an economic needs test. Main criteria: the employment situation in the sub-sector. Professional associations (partnerships) between natural persons are permitted.

In CZ: Auditing services may be provided by natural and legal persons approved for providing auditing services in their home state and approved in the Czech Republic. In legal entities the majority of voting shares must belong to the auditors approved in the Czech Republic or any other state of the EU. The majority of persons in a statutory body must be of the auditors approved in the Czech Republic or any other state of the EU.

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

In ES: Nationality condition for statutory auditors and for administrators, directors and partners of companies other than those covered by Directive 2006/43/EC of the European Parliament and of the Council ("the 8th Company Law Directive).

In FI: Residency requirement for at least one of the auditors of a Finnish liability company. An auditor must be a locally-licensed auditor or a locally-licensed audit firm.

In FR: Indonesian nationals may provide statutory auditing services in France, subject to reciprocity.

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

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

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

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

In PL: Establishment in the EU is required in order to provide auditing services. Legal form requirements apply.

In SE: Only auditors approved in Sweden and auditing firms registered in Sweden may perform statutory auditing services. EEA residency is required. The titles of "approved auditor" and "authorised auditor" may only be used by auditors approved or authorised in Sweden. Auditors of co-operative economic associations and certain other enterprises who are not certified or approved accountants must be resident within the EEA, unless the Government, or a Government authority appointed by the Government, in a particular case allows otherwise.

In SI: Commercial presence is required. A third country audit entity may hold shares or form partnerships in Slovenian audit company provided that, under the law of the country in which the third-country audit entity is incorporated, Slovenian audit companies may hold shares or form partnership in an audit entity in that country.

In SK: Only an enterprise in which at least 60 % of capital interests or voting rights are reserved to Slovak nationals or nationals of a Member State may be authorised to carry out audits in the Slovak Republic.

(c) Taxation Advisory Services

(CPC 863) 58

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

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

In CZ, SK: Taxation services may be provided by natural persons who are registered in the list of the Chamber of Tax Consultants or in the Chamber of Auditors.

In HU: EEA residency is required for the supply of taxation advisory services, insofar as they are being supplied by a physical person present in the territory of Hungary.

(d) Architectural services

and

(e) Urban planning and landscape architectural services

(CPC 8671 and CPC 8674)

FL in the EU.

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

In 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 two years in Latvia in the field of projecting and university degree is required.

In SK: Membership in relevant chamber is obligatory; membership in relevant foreign institutions may be recognised. Residency and nationality requirement, however exceptions might be considered.

In CY: Nationality and residency condition.

In CZ, HU, IT: Residency requirement.

(f) Engineering services

and

(g) Integrated engineering services

(CPC 8672 and CPC 8673)

FL in the EU

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

In CY: Nationality condition.

In CZ, HU, IT: Residency requirement.

In SK: Nationality and residency requirement.

(h) Medical (including psychologists) and Dental services

(CPC 9312 and part of CPC 85201)

In CY, FI, EE and MT: Unbound.

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

In CZ: Access is restricted to natural persons only. Authorisation by the Ministry of Health required for foreign natural persons.

In DE: An economic needs test applies 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.

In FR: French nationality is required. However, access by foreigners is possible within annually established quotas. While other types of legal form are available for investors of the Union, Indonesian investors only have access to the legal forms of "sociétéd' exercice liberal" (SEL) and "société civile professionnelle" (SCP).

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

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

In BG and 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.

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

In SK: Authorisation by the competent authorities (Ministry of Health or Self-Governing Regions) is required.

(i) Veterinary services

(CPC 932)

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

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

In CZ: Access is restricted to natural persons only. Authorisation by veterinary administration is required.

In DK, NL: Access is restricted to natural persons.

In ES: membership in the professional association is required for the practice of the profession and requires EU nationality, which may be waived through a bilateral professional agreement. The provision of veterinary services is restricted to natural persons.

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

In FR: EEA nationality is required for the supply of veterinary services, but the nationality requirement may be waived subject to reciprocity.

In PL: Foreign persons may apply for permission to practice.

In SK: Access is restricted to natural persons only. Authorisation by competent authorities is required. Residency requirement.

(j) 1. Midwives services

(part of CPC 93191)

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

In FR: French nationality is required. However, access by foreigners is possible within annually established quotas. While other types of legal form are available for investors of the Union, Indonesian investors only have access to the legal forms of "société d'exercice liberal" (SEL) and "société civile professionnelle"SCP).

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

In 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 para-medical personnel

(part of CPC 93191)

In CY, ES, SK: Unbound.

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

In BG, MT: Unbound.

In CZ: Access is restricted to natural persons only. Authorisation by the competent authority is required for foreign natural persons.

In FI and SI: Unbound for physiotherapists and paramedical personnel.

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

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

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

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

(k) Retail sales of pharmaceutical, medical and orthopaedic goods

(CPC 63211)

and other services supplied by pharmacists 59

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

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

In CZ: Retail sales are only possible from Member States of the Union.

In DE, only natural persons are permitted to provide retail services of pharmaceuticals and specific medical goods to the public. Persons who have not passed the German pharmacy exam and have not exercised their profession in Germany for at least three subsequent years may only obtain a license to take over a pharmacy which has already existed during the preceding three years.

In EL: Only natural persons, who are licensed pharmacists, and companies founded by licensed pharmacists, are permitted to provide retail services of pharmaceuticals and specific medical goods to the public. European Union nationality is required in order to operate a pharmacy.

In ES: Only natural persons who are licensed pharmacists are permitted to provide retail services of pharmaceuticals and specific medical goods to the public. Each pharmacist cannot obtain more than one license. The mail order of pharmaceuticals requiring a prescription is prohibited.

In FR: EEA or Swiss nationality is required in order to operate a pharmacy. Foreign pharmacists may be permitted to establish within annually established quotas. Authorisation is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies. If authorised, provision (including sale at a distance of medicinal products to the public by means of information society services) must take one of the legal forms which are allowed under national law on a non-discriminatory basis.

In IE: The retail of certain pharmaceutical and specific medical goods may only be carried out through a pharmacy as provided for in SI 540 of 2003 – Medicinal Products (Prescription and Control of Supply) Regulations 2003 as amended and the SI 540 of 2007 – Medicinal Products (Control of Placing on the Market) Regulations 2007 as amended.

In SK: Residency is required in order to obtain a license as a pharmacist or to open a pharmacy for the retail of pharmaceuticals and certain medical goods to the public.

B. Computer and Related Services

(CPC 84)

None.

C. Research and Development Services

(a) R&D services on natural sciences

(CPC 851)

In EU: For publicly funded R&D services, exclusive rights 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) 60

None.

(c) Interdisciplinary R&D services

(CPC 853)

In EU: For publicly funded R&D services, exclusive rights 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 61

(a) Involving Own or Leased Property

(CPC 821)

In DK: For the provision of real estate services by a physical person present in the territory of Denmark, only authorized real estate agent who are natural persons that have been admitted to the Danish Business Authority's real estate agent register may use the title of "real estate agent", in accordance with section 6 (1) of the Act on sale of real estate which lays down the requirements for admission to the register. The act requires that the applicant be a Danish resident or a resident of the EU, EEA or Switzerland. The Act on sale of real estate is only applicable when providing real estate services to consumers. Furthermore the Act on sale of real estate does not apply on leasing of real estate.

In CY: Nationality condition.

In IE: Establishment is required for the supply of real estate services and auction of property other than land.

(b) On a Fee or Contract Basis

(CPC 822)

In CY: Nationality condition.

In IE: Establishment is required for the supply of real estate services and auction of property other than land.

E. Rental/Leasing Services without Operators

(a) Relating to Ships

(CPC 83103)

In 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: 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.

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

In SE: To fly the Swedish flag, proof of dominating Swedish operating influence must be shown in case of foreign ownership interests in ships. Dominating Swedish operating influence means that the operation of the ship is located in Sweden and that the ship also has a proportionally large share of either Swedish ownership or ownership of persons in another EEA country. Other foreign ships may under certain conditions be granted exemptions from this rule where they are rented/leased by Swedish legal persons through bareboat charter contracts.

(b) Relating to Aircraft

(CPC 83104)

In EU: For rental or leasing of aircraft without crew (dry lease), aircraft used by an air carrier of the European Union are subject to applicable aircraft registration requirements. A dry lease agreement to which an EU carrier is a party shall be subject to requirements in EU or national law on aviation safety, such as prior approval and other conditions applicable to the use of third countries' registered aircraft. To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by enterprises meeting specific criteria regarding ownership of capital and control.

(c) Relating to Other Transport Equipment

(CPC 83101, CPC 83102 and CPC 83105)

None, except in SE.

In SE: Suppliers of rental or leasing services of cars and certain off-road vehicles ("terrängmotorfordon") without a driver, rented or leased for a period of less than one year, are obliged to appoint someone to be responsible for ensuring, inter alia, that the business is conducted in accordance with applicable rules and regulations and that the road traffic safety rules are followed. The responsible person must reside in Sweden.

(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:

In 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)

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

(e) Technical Testing and Analysis Services

(CPC 8676)

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

In CY for chemists and biologists: Nationality condition.

In FR: the professions of biologist are reserved for natural persons, EEA nationality required.

(f) Advisory and Consulting services incidental to Agriculture, Hunting and Forestry

(part of CPC 881)

In PT: the professions of biologist, chemical analyst and agronomist are reserved for natural persons.

(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)

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

In ES: Prior to the start of the activity, placement agencies are required to submit a sworn statement certifying the fulfilment of the requirements stated by the current legislation.

(i) 2. Placement Services

(CPC 87202)

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

In BE: A company having its head office outside the EEA has to demonstrate that it supplies placement services in its country of origin. Non-discriminatory legal form requirements apply.

In FR and IT: State monopoly applies.

In ES: prior to the start of the activity, placement agencies are required to submit a sworn statement certifying the fulfilment of the requirements stated by the current legislation.

In 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)

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

In IT: State monopoly applies.

(i) 4. Model agency Services

(part of CPC 87209)

DE: Unbound.

(i) 5. Supply services of domestic help personnel, other commercial or industrial workers, nursing and other personnel

(CPCs 87204, 87205, 87206, 87209)

In all Member States except HU: Unbound.

In HU: None.

(j) 1. Investigation Services

(CPC 87301)

In 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)

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

In HR, CY, CZ, SI, SK: Unbound.

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

In EE: Residency is required for providing security services and for security guards.

In ES: Nationality requirements exist for private security personnel.

(k) Related Scientific and Technical Consulting Services

(CPC 8675)

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

In CY: Nationality condition applies for the provision of relevant services.

In SI: The exploration for and exploitation of mineral resources, including regulated mining services, are subject to establishment in or citizenship of the EEA, the Swiss Confederation or an OECD Member, or of a third country on condition of material reciprocity. Compliance with the condition of reciprocity is verified by the Ministry responsible for mining. (CPC 8675).

(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)

In LT: State monopoly applies.

In 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)

In 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 (non-transport and non-office) equipment and of personal and household goods 62

(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)

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

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

In HR: Residency requirements for publisher and editorial board.

In SE: Natural persons who are owners of periodicals that are printed and published in Sweden must reside in Sweden or be nationals of a Member State of the EEA. Owners of such periodicals who are legal persons must be established in the EEA. Periodicals that are printed and published in Sweden and technical recordings must have a responsible editor, who must be domiciled in Sweden, in accordance with the Freedom of the press act (1949:105), the Fundamental law on Freedom of Expression (1991:1469); and the Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of Expression (1991:1559).

(q) Convention Services

(part of CPC 87909)

None.

(r) 1. Translation and Interpretation Services

(CPC 87905)

In CY: Nationality Condition

In FI: Residency in EEA is required for certified translators.

In EE: A sworn translator must be a national of a Member State of the EU.

In PL: Unbound for the supply of sworn interpretation services.

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

In HR: Unbound for the 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)

In IT and PT: Nationality condition for investors applies.

In CZ: Unbound.

In 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)

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

In IT, PT: A nationality condition for investors.

(r) 5. Duplicating services

(CPC 87904) 63

None.

(r) 6. Telecommunications consulting services

(CPC 7544)

None.

(r) 7. Telephone answering services

(CPC 87903)

None.

(s) Sales and Marketing

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

(t) Computer Reservations

System

In EU: Where air carriers of the Union are not accorded equivalent treatment 64 to that provided in the European Union by CRS services suppliers in Indonesia, or where CRS services suppliers of the Union are not accorded equivalent treatment to that provided in the European Union by air carriers in Indonesia, measures may be taken to accord equivalent treatment, respectively, to the air carriers of Indonesia by the CRS services suppliers in the European Union, or to the CRS services suppliers of Indonesia by the air carriers in the Union.

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

7. COMMUNICATION SERVICES

A. Postal and Courier Services

(CPC 751, and CPC 71235)

The EU: The organisation of the siting of letter boxes on the public highway, the issuing of postage stamps and the provision of the registered mail service used in the course of judicial or administrative procedures may be restricted in accordance with national legislation. Licensing systems may be established for those services for which a general universal service obligation exists. These licences may be subject to particular universal service obligations or a financial contribution to a compensation fund.

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 65 , excluding broadcasting 66

None.

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

FL in the EU

In CY: Nationality condition.

9. DISTRIBUTION SERVICES

(excluding distribution of arms, munitions, explosives and other war material)

All sub-sectors mentioned below

In 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.

In CY: Unbound for distribution of pharmaceuticals, tobacco products and alcoholic beverages.

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

In 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 67 )

In FR and IT: State monopoly applies on tobacco.

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

C. Retailing Services 68

Retailing Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof

(CPC 61112, part of CPC 6113 and part of CPC 6121)

In ES: there is a state monopoly on retail sales of tobacco. Establishment is subject to an EU MS nationality condition. Only natural persons may operate as a tobacconist. Each tobacconist cannot obtain more than one license. (CPC 63108)

In FR, IT: State monopoly applies on tobacco.

In BG, DK, FR, IT, MT: 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.

In IE: Unbound for the retail sale of alcoholic beverages.

In SE: Unbound for retail sales of alcoholic beverages. (part of CPC 631).

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 69

(CPC 632 excluding CPC 63211 and 63297)

In PT: A specific authorisation scheme exists for the installation of certain retail establishments and shopping centres. This relates to shopping centres that have a gross leasable area equal or greater than 8 000 m2, and retail establishments having a sales area equal or exceeding 2 000 m2, when located outside shopping centres. Main criteria: Contribution to a multiplicity of commercial offers; assessment of services to consumer; quality of employment and corporate social responsibility; integration in urban environment; contribution to eco-efficiency.

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)

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

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

In BG: The supply of primary or secondary education services by foreign natural persons and associations, and for the supply of higher education services is unbound.

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

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

In EL: Nationality condition applies for the owners and a majority of board of directors in privately funded primary and secondary schools, and for teachers in privately funded primary and secondary schools (CPC 921, 922). Education at university level shall be provided exclusively by institutions which are fully self-governed public law legal persons. European Union residents (natural or juridical persons) are permitted to establish private post-secondary education institutions granting certificates which are not recognised as being equivalent to university degrees (CPC 923).

In 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.

In FR: nationality of a Member State of the EU is required in order to teach in a privately funded educational institution (CPC 921, CPC 922, CPC 923). However, nationals of Indonesia may obtain an authorisation from the relevant competent authorities in order to teach in primary, secondary and higher-level educational institutions.

Nationals of Indonesia may also obtain an authorisation from the relevant competent authorities in order to establish and operate or manage primary, secondary or higher-level educational institutions. Such authorisation is granted on a discretionary basis.

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

In HU: 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.

In SK: EEA residency is required for suppliers of all privately funded education services other than post-secondary technical and vocational education services. An economic needs test may apply and the number of schools being established may be limited by local authorities (CPC 921, 922, 923 other than 92310, 924).

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

In 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)

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

In 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

A. Waste Water Services

(CPC 9401) 70

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)

In SK: For processing and recycling of used batteries and accumulators, waste oils, old cars and waste from electrical and electronic equipment, incorporation in the EEA is required (residency requirement) (part of CPC 9402).

C. Protection of ambient air and climate

(CPC 9404) 71

D. Remediation and clean up of soil and waters

(a) Treatment, remediation of contaminated/polluted soil and water

(part of CPC 9406) 72

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 insurance-related services

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

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

In EL: Insurance and reinsurance undertakings with head offices in third countries may operate in Greece via establishing a subsidiary or a branch, where branch in this case does not take any specific legal form, as it means a permanent presence in the territory of Greece of an undertaking with head office outside EU, which receives authorisation in Greece and which pursues insurance business.

In ES: Residency requirement for the actuarial profession (or alternatively two years of experience).

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

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

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

In PT: In order to establish a branch in Portugal, Indonesian 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.

In SK: Indonesian nationals may establish an insurance company in the form of a joint stock company or may conduct insurance business through their branches having a registered office in the Slovak Republic. The authorisation in both cases is subject to the evaluation of the supervisory authority.

In 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).

In SE: An insurance intermediary from a non-EEA country may, only with permission from the Swedish competent national authority, conduct insurance distribution in Sweden. The distribution must be conducted from a branch or a permanent presence in Sweden.

B. Banking and other financial services (excluding insurance)

In 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.

In 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.

In 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).

In 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.

In HU: Branches of Indonesian 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.

In 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.

In LT: For the purpose of asset management, incorporation as a specialised management company is required (no branches). Only banks having their registered office or branch in Lithuania and authorised to provide investment services in the EEA may act as the depositories of the assets of pension funds. At least one head of a bank's administration must speak the Lithuanian language and permanently reside in Lithuania.

In 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).

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

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

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

In SE: A founder of a savings bank shall be a natural person.

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)

D. Social Services

(CPC 933)

In 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.

In AT, SI: Unbound for ambulance services.

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

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

In HU: Unbound for social services.

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

In BE: 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.

In ES: Unbound for the supply of privately funded social services other than services relating to Convalescent and rest Houses and Old People´s Home.

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

In DE: Unbound for social services other than convalescent and rest houses and old people's homes. Rescue services and "qualified ambulance services" might be reserved for non-profit operators. The number of ICT services providers may be limited to guarantee interoperability, compatibility and necessary safety standards.

In FR: while other types of legal form are available for EU investors, foreign investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle". For hospital and ambulance services, residential health facilities (other than hospital services) and social services, an authorisation is necessary in order to exercise management functions. The authorisation process takes into account the availability of local managers. Unbound for the supply of privately funded laboratory analysis and testing services.

In HR: establishment of some privately funded social care facilities may be subject to needs based limits in particular geographical areas. (CPC 9311, 93192, 93193, 933).

In SI: Unbound for Social services.

14. TOURISM AND TRAVEL RELATED SERVICES

A. Hotel, Restaurants and Catering

(CPC 641, CPC 642 and CPC 643)

excluding catering in air transport services

In BG: Incorporation is required (no branches).

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

In 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 Croatia which can be denied.

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

(CPC 7471)

FL in the EU.

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

In CY: Nationality condition. Foreign service providers have to be represented by a resident Travel Office.

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

In CZ: Economic needs test based on population criterion.

C. Tourist Guides Services

(CPC 7472)

In BG, FR, Nationality condition.

In CY: Unbound.

In HR: EEA nationality is required for hospitality and catering services in households and rural homesteads (CPC 641, 642, 643, 7471, 7472).

In ES: (for ES applies also to the regional level of government) Nationality of a Member State of the EU is required for the provision of tourist guide services. (CPC 7472).

In EL: Third country national have to obtain a diploma from the Tourist Guide Schools of the Greek Ministry of Tourism, in order to be entitled to the right of practicing the profession. By exception, the right of practicing the profession can be temporally accorded to Third countries citizens, by way of derogation of the above mention provisions, in the event of the confirmed absence of a tourist guide for a specific language.

In HU: the supply of Travel Agent and Tour Operators services, and Tourist Guide Services on a cross-border basis is subject to a licence issued by the Hungarian Trade Licensing Office. Licences are reserved to EEA nationals and juridical persons having their seats in the EEA Member States (CPC 7472).

In IT: (applies also to the regional level of government) tourist guides from non-EU countries need to obtain a specific licence from the Region in order to act as a professional tourist guide. Tourist guides from Member States of the EU can work freely without the requirement for such a licence. The licence is granted to tourist guides demonstrating adequate competence and knowledge (CPC 7472).

15. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audio-visual services)

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

(CPC 9619)

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

In 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).

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

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

B. News and Press Agencies Services

(CPC 962)

In FR: Foreign participation in French companies publishing publications in the French language may not exceed 20% of the capital or of voting rights in the company. Press agencies: Unbound.

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

In 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

(CPC 963)

In 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: Unbound.

In 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)

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

In 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

(a) International passenger transportation

(CPC 7211 less national cabotage transport 73 )

(b) International freight transportation

(CPC 7212 less national cabotage transport 74 )

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

In EU: Nationality condition for ships' crews.

B. Rail Transport

(a) Passenger transportation

(CPC 7111)

In EU: Unbound.

(b) Freight transportation

(CPC 7112)

In EU: Unbound, except for National Treatment where: None.

In IE and SK: Unbound.

C. Road Transport

(a) Passenger Transportation

(CPC 7121 and CPC 7122)

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

In EU: Economic needs test apply 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.

In AT: Exclusive rights 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.

In BG: Exclusive rights 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).

In CY: Unbound.

In CZ: Unbound for direct branching (incorporation is required).

In LV: The requirement for established entities to use vehicles with national registration applies.

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

In IT and PT: Economic needs test applies 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.

In ES and 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.

In FR: Unbound for intercity bussing services.

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

In SK: Provision of road transport services requires incorporation or residency in a Member State of the European Union.

In SE: In order to engage in the occupation of road transport operator, a Swedish license is needed. Criteria for receiving a taxi license include that the company has appointed a natural person to act as the transport manager (a de facto residency requirement – see the Swedish reservation on types of establishment). As set out in Yrkestrafiklag (2012:210) (Act on professional traffic); Yrkestrafikförordning (2012:237) (Government regulation on professional traffic); Taxitrafiklag (2012:211) (Act on Taxis); and Taxitrafikförordning (2012:238) (Government regulation on taxis).

(b) Freight Transportation

(CPC 7123, excluding transportation of postal and courier items on own account 75 )

In AT and BG: Exclusive rights 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.

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

In CZ: Unbound for direct branching (incorporation is required).

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

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

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

In SK: Provision of road transport services requires incorporation or residency in a Member State of the European Union.

In SE: In order to engage in the occupation of road transport operator, a Swedish license is needed. Criteria for receiving a license include that the company has appointed a natural person to act as the transport manager (a de facto residency requirement – see the Swedish reservation on types of establishment) As set out in Yrkestrafiklag (2012:210) (Act on professional traffic); Yrkestrafikförordning (2012:237) (Government regulation on professional traffic); Taxitrafiklag (2012:211) (Act on Taxis); and Taxitrafikförordning (2012:238) (Government regulation on taxis).

D. Pipeline transport of goods other than fuel 76

(CPC 7139)

In 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 77

A. Services auxiliary to Maritime Transport

(a) Maritime Cargo Handling Services

(b) Storage and warehousing Services

(part of CPC 742)

(c) Customs Clearance Services

In 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: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.

In IT: Economic needs test 78 applies 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".

In BG: Unbound for direct branching (incorporation is required). For Maritime Agency Services, Indonesian 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.

(d) Container Station and Depot Services

(e) Maritime Agency Services 79

(f) Maritime Freight Forwarding Services

(g) Rental of Vessels with Crew

(CPC 7213)

(h) Pushing and towing services

(CPC 7214)

In 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.

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

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

(i) Supporting services for maritime transport

(part of CPC 745)

(j) Other supporting and auxiliary services (including catering)

(part of CPC 749)

B. 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)

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

In CZ: Unbound for direct branching (incorporation is required).

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

In HR: Unbound for pushing and towing services.

(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)

C. Services auxiliary to road transport

(a) Cargo-handling services

(part of CPC 741)

(b) Storage and warehouse services

(part of CPC 742)

In 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.

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

In CZ: Unbound for direct branching (incorporation is required).

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

(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)

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

In MT: Nationality condition.

In HR: Unbound for rental of commercial road vehicles with operators.

In CY: Unbound for rental of commercial road vehicles with operators.

D. Services auxiliary to air transport services

(a) Ground-handling services

(including catering)

In EU: Unbound, except for Market Access. Categories of activities depend on the size of the airport. The number of service suppliers in each airport can be limited, due to available-space constraints, and to not less than two suppliers for other reasons.

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

(b) Storage and warehouse services

(part of CPC 742)

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

In PL: For storage services of frozen or refrigerated goods and bulk storage services of liquids or gases, categories of activities depend on the size of the airport. The number of service suppliers in each airport can be limited, due to available-space constraints, and to not less than two suppliers for other reasons.

(c) Freight transport agency

services

(part of CPC 748)

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

In BG: Foreign persons can supply services only through participation in Bulgarian companies with 49% limitation on equity participation and through branches.

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

E. Services auxiliary to pipeline transport of goods other than fuel 80

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

(part of CPC 742)

None except in AT: Nationality condition for managing directors applies.

18. OTHER TRANSPORT SERVICES

Provision of Combined Transport Service

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

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

19. ENERGY SERVICES

A. Services Incidental to Mining

(CPC 883) 81

In CY: For reasons of lack of reciprocity, Cyprus reserves the right to refuse licensing to third country nationals or entities controlled by third country nationals, in relation to the activities of prospecting, exploration and exploitation of hydrocarbons. Entities that have been licensed in relation to the activities of prospecting, exploration and exploitation of hydrocarbons, may not fall under the direct or indirect control of a third country or third country nationals, without prior approval.

B. Pipeline Transportation of fuels

(CPC 7131)

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

C. Storage and warehouse services of fuels transported through pipelines

(part of CPC 742)

In 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).

In CZ: An authorisation is required. Such authorisation may only be granted to a natural person with a residence permit or a legal person established in the Union.

In CY: Unbound.

In SK: 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

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

In SK: For liquid and gaseous fuels: Unbound for direct branching (incorporation is required).

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, (non-bottled) gas, steam and hot water

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

In 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.

In CZ: An authorisation is required. Such authorisation may only be granted to a natural person with a residence permit, or a legal person established in the Union.

G. Services incidental to energy distribution

(CPC 887)

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

In 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)

In CY: Nationality condition.

In 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)

In 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.

In CY: Nationality condition.

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

(CPC 97029)

In 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.

In CY: Nationality condition.

(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 82

(CPC ver. 1.097230)

In CY: Nationality condition.

(f) Telecommunications connection services

(CPC 7543)

In CY: Unbound.

All sectors

In AT, CZ, SK: Intra‑corporate transferees need to be employed by an enterprise other than a non‑profit organisation, otherwise: Unbound.

In FI: Senior personnel needs to be employed by an enterprise other than a non‑profit organisation.

In HU: Natural persons who have been a partner in an enterprise do not qualify to be transferred as intra‑corporate transferees.

All sectors

For trainee employees:

In AT, CZ, DE, FR, ES, HU: Training must be linked to the university degree which has been obtained.

Entertainment Services (including theatre, live bands, circus and discotheque services) (CPC 9619)

In FR: Access to management functions is subject to authorisation by the competent authority. The artists must have obtained an employment contract from an authorised entertainment enterprise.

All sectors

In AT, CZ: A business visitor for establishment purposes needs to work for an enterprise other than a non‑profit organisation, otherwise: Unbound.

In SK: A business visitor for establishment purposes needs to work for an enterprise other than a non‑profit organisation, otherwise: Unbound. Work permit required, including economic needs test.

In CY: Permissible length of stay: up to 90 days in any twelve month period. A business visitor for establishment purposes needs to work for an enterprise other than a non‑profit organisation, otherwise: Unbound.

Entertainment Services (including theatre, live bands, circus and discotheque services) (CPC 9619)

In FR: Access to management functions is subject to authorisation by the competent authority. The artists must have obtained an employment contract from an authorised entertainment enterprise.

All sectors

In CY, DK, HR: Work permit, including economic needs test, required in case the short-term business visitor supplies a service.

Entertainment Services (including theatre, live bands, circus and discotheque services) (CPC 9619)

In FR: Access to management functions is subject to authorisation by the competent authority. The artists must have obtained an employment contract from an authorised entertainment enterprise.

All sectors

In AT: Work permit required, including economic needs test. Economic needs test is waived for natural persons training workers to supply services and possessing specialisedge knowledge.

In CY, CZ, SK: Work permit is required beyond seven days in a month or 30 days in calendar year.

In DK, HR: Work permit, including economic needs test, required in case the person supplies a service.

In ES: Work permit required. Installers, repair and maintainers should be employed as such by the legal person 83 supplying the good or service or by an enterprise which is a member of the same group as the originating legal person for at least three months immediately preceding the date of submission of an application for entry and they should possess at least three years of relevant professional experience, where applicable, obtained after the age of majority.

In FI: Depending on the activity, a residence permit may be required.

In LV: Work permit required for operations/activities to be performed on the basis of a contract.

In MT: Work permit required. No economic needs tests performed.

In SE: Work permit required, except for (i) natural persons who participate in training, testing, preparation or completion of deliveries, or similar activities within the framework of a business transaction, or (ii) fitters or technical instructors in connection with urgent installation or repair of machinery for up to two months, in the context of an emergency. No economic needs test required.

All sectors

In EU:

–    The natural persons must be engaged in the supply of a service on a temporary basis as employees of a juridical person, which has obtained a service contract not exceeding twelve months.

–    The natural persons should be offering such services as employees of the juridical person supplying the services for at least two years immediately preceding the date of submission of an application for entry into the other Party

–    The natural persons entering the other Party must possess a university degree or a qualification demonstrating knowledge of an equivalent level 84

For Independent Professionals:

–    The natural persons entering the other Party must possess, at the date of submission of an application for entry into the other Party, at least six years professional experience in the sector of activity which is the subject of the contract.

Length of stay

In EU: The entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than 12 months or for the duration of the contract, whichever is less.

In AT, DE: Maximum stay for CSS and IP shall be for a cumulative period of not more than six months in any 12-month period or for the duration of the contract, whichever is less.

In BE, LT, MT, PT: Maximum stay for CSS and IP shall be for a period of not more than 12 consecutive months or for the duration of the contract, whichever is less.

In CZ: For all sectors except for Services provided by nurses: Maximum stay for CSS and IP shall be for a cumulative period of not more than six months in any 12-month period or for the duration of the contract, whichever is less. For Services provided by nurses: Maximum stay for CSS and IP shall be for a period of not more than 12 consecutive months or for the duration of the contract, whichever is less.

In CY: Maximum stay for CSS and IP shall be for a period of six months renewable once for an additional period of six months, or for the duration of the contract, whichever is less.

Legal advisory for legal advice services in respect of public international law, home jurisdiction law, with the exception of host‑jurisdiction law 85  (part of CPC 861)

CSS:

In AT, BE, CY, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, PT, SE: None.

In BG, CZ, DK, FI, HU, LT, LV, MT, RO, SI, SK: Economic needs test.

IP:

In AT, CY, DE, EE, FR, HR, IE, LU, LV, NL, PL, PT, SE: None.

In BE, BG, CZ, DK, EL, ES, FI, HU, IT, LT, MT, RO, SI, SK: Economic needs tests.

Accounting and bookkeeping services

(CPC 86212 other than "auditing services", 86213, 86219 and 86220)

CSS:

In AT, BE, DE, EE, ES, HR, IE, IT, LU, NL, PL, PT, SI, SE: None.

In BG, CY, CZ, DK, EL, FI, FR, HU, LT, LV, MT, RO, SK: Economic needs test.

IP:

In EU: Unbound.

Taxation advisory services

(CPC 863) 86

CSS:

In AT, BE, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE: None.

In BG, CY, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.

In PT: Unbound.

IP:

In EU: Unbound.

Architectural services and Urban planning and landscape architectural services

(CPC 8671 and 8674)

CSS:

In BE, CY, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.

In FI: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.

In BG, CZ, DE, HU, LT, LV, RO, SK: Economic needs test.

In DK: Economic needs test, except for CSS stays of up to three months.

In AT: Planning services only, where: Economic needs test.

IP:

In CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE: None.

In FI: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.

In BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.

In AT: Planning services only, where: Economic needs test.

Engineering services and Integrated engineering services

(CPC 8672 and 8673), including:

–    Engineering of oil & gas exploration

   Engineering of oil & gas laboratory

CSS:

In BE, EE, ES, EL, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.

In FI: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.

In BG, CY, CZ, DE, HU, LV, RO, SK: Economic needs test.

In DK: Economic needs test, except for CSS stays of up to three months.

In AT: Planning services only, where: Economic needs test.

In LT: Economic needs test, except for Engineering of oil & gas exploration, where: Unbound.

IP:

In CY, DE, EE, EL, FR, HR, IE, LU, LV, MT, NL, PL, PT, SI, SE: None.

In FI: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.

In BE, BG, CZ, DK, ES, HU, IT, LT, RO, SK: Economic needs test.

In AT: Planning services only, where: Economic needs test.

In LT: Economic needs test, except for Engineering of oil & gas exploration, where: Unbound.

Midwives services

(part of CPC 93191)

CSS:

In IE, SE: None.

In AT, CY, DE, DK, EE, EL, ES, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI: Economic needs test.

In BE, BG, CZ, FI, FR, HR, HU, SK: Unbound.

IP:

In EU: Unbound.

Services provided by nurses, physiotherapists and paramedical personnel

(part of CPC 93191)

CSS:

In IE, SE: None.

In AT, CY, CZ, DE, DK, EE, EL, ES, IT, LT, LV, LU, MT, NL, PL, PT, RO, SI: Economic needs test.

In BE, BG, FI, FR, HR, HU, SK: Unbound.

IP:

In EU: Unbound.

Computer and related services

(CPC 84), including:

–    Web designers

–    Applications programmers

–    Software developpers

–    Software and Applications Developers and Analysts

–    Web developpers

–    Database Designers and Administrators

–    Computer Network and Systems Technicians

–    Database and Network Professionals

–    Computer Network Professionals

–    Systems Administrators

–    Information and Communications Technology User Support Technicians

CSS:

In BE, DE, EE, EL, ES, HR, IE, IT, LU, LV, NL, PL, PT, SI, SE: None.

In FR, for Database Designers and Administrators, Database and Network Professionals, Computer Network Professionals, Systems Administrators: None. Otherwise: Maximum stay shall be for a cumulative period of not more than six months in any 12-month period or for the duration of the contract, whichever is less.

In FI: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.

In AT, BG, CZ, CY, HU, LT, MT, RO, SK: Economic needs test.

In DK: Economic needs test except for CSS stays of up to 3 months.

IP:

In DE, EE, EL, FR, IE, LU, LV, NL, PL, PT, SI, SE: None.

In FR: Maximum stay shall be for a cumulative period of not more than six months in any 12 month period or for the duration of the contract, whichever is less.

In FI: None, except: The natural person must demonstrate that he or she possesses special knowledge relevant to the service being supplied.

In AT, BE, BG, CZ, CY, DK, ES, HU, IT, LT, MT, RO, SK: Economic needs test.

In HR: Unbound.

–    Information and Communications Technology Operations Technicians

–    Computer Technicians

Research and development Services

(CPC 851, 852 excluding psychologists services 87 , and 853)

CSS:

In EU except in NL, SE: A hosting agreement with an approved research organisation is required 88 .

In EU except in CZ, DK, SK: None

In CZ, DK, SK: Economic needs test.

IP:

In EU: Unbound.

Advertising services

(CPC 871)

CSS:

In BE, DE, EE, ES, FR, HR, IE, IT, LU, NL, PL, PT, SI, SE: None.

In AT, BG, CZ, CY, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.

IP:

In EU: Unbound.

Management consulting services

(CPC 865)

CSS:

In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.

In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.

In DK: Economic needs test, except for CSS stays of up to three months.

IP:

In CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE: None.

In AT, BE, BG, CZ, DK, ES, HR, HU, IT, LT, RO, SK: Economic needs test.

Services related to management consulting

(CPC 866)

CSS:

In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SE: None.

In AT, BG, CZ, CY, LT, RO, SI, SK: Economic needs test.

In DK: Economic needs test, except for CSS stays of up to three months.

In HU: Economic needs test, except for arbitration and conciliation services (CPC 86602), where: Unbound.

IP:

In CY, DE, EE, EL, FI, FR, IE, LV, LU, MT, NL, PL, PT, SE: None.

In AT, BE, BG, CZ, DK, ES, HR, IT, LT, RO, SI, SK: Economic needs test

In HU: Economic needs test, except for arbitration and conciliation services (CPC 86602), where: Unbound.

Technical testing and analysis services

(CPC 8676)

CSS:

In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, NL, PL, SI, SE: None.

In AT, BG, CZ, CY, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.

In DK: Economic needs test, except for CSS stays of up to three months.

IP:

In EU: Unbound.

Related scientific and technical consulting services

(CPC 8675)

CSS:

In BE, EE, EL, ES, HR, IE, IT, LU, NL, PL, SI, SE: None.

In AT, CZ, CY, DE, DK, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.

In DE: None, except for publicly appointed surveyors, where: Unbound.

In FR: None, except for "surveying" operations relating to the establishment of property rights and to land law, where: Unbound.

In BG: Unbound.

IP:

In EU: Unbound.

Mining

(CPC 883, advisory and consulting services only)

CSS:

In BE, DE, EE, EL, ES, FI, FR, HR, IE, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.

In AT, BG, CZ, CY, HU, LT, RO, SK: Economic needs test.

In DK: Economic needs test, except for CSS stays of up to three months.

IP:

In DE, EE, EL, FI, FR, HR, IE, LV, LU, MT, NL, PT, SI, SE: None.

In AT, BE, BG, CY, CZ, DK, ES, HU, IT, LT, PL, RO, SK: Economic needs test.

Mining

(CPC 883, limited to:

–    Mining and Metallurgical Technicians

–    Field Instrument Supervisor

–    Electrical Supervisor

CSS:

In EU, except FR: unbound.

In FR: None.

IP:

EU: Unbound.

Maintenance and repair of metal products, of (non office) machinery, of (non transport and non office) equipment and of personal and household goods 89

(CPC 633, 7545, 8861, 8862, 8864, 8865 and 8866)

CSS:

In BE, EE, EL, ES, FR, HR, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.

In AT, BG, CZ, CY, DE, DK, HU, IE, LT, RO, SK: Economic needs test.

In FI: Unbound, except in the context of an after‑sales or after‑lease contract, where: the length of stay is limited to six months; for maintenance and repair of personal and household goods (CPC 633): Economic needs test.

IP:

In EU: Unbound.

Translation services

(CPC 87905, excluding official or certified activities)

CSS:

In BE, CY, DE, EE, EL, ES, FR, HR, IT, LU, NL, PL, PT, SI, SE: None.

In AT, BG, CZ, DK, FI, HU, IE, LT, LV, MT, RO, SK: Economic needs test.

IP:

In CY, DE, EE, FR, LU, LV, NL, PL, PT, SI, SE: None.

In AT, BE, BG, CZ, DK, EL, ES, FI, HU, IE, IT, LT, MT, RO, SK: Economic needs test.

In HR: Unbound.

Construction and related engineering services

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

CSS:

In EU: Unbound except in BE, CZ, DK, ES, FR, NL and SE.

In BE, DK, ES, NL, SE: None.

In CZ: Economic needs test.

In FR: Unbound, except for technicians, where: the work permit is delivered for a period not exceeding six months. Compliance with an economic needs test is required.

IP:

In EU: Unbound.

Site investigation work

(CPC 5111)

CSS:

In BE, DE, EE, EL, ES, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.

In AT, BG, CZ, CY, FI, HU, LT, LV, RO, SK: Economic needs test.

In DK: Economic needs test, except for CSS stays of up to three months.

IP:

In EU: Unbound.

Higher education services

(CPC 923)

CSS:

EU except in LU, MT, SE: Unbound.

In LU: Unbound, except for university professors, where: None.

In MT: Economic needs test.

In SE: None, except for publicly funded and privately funded educational services suppliers with some form of State support, where: Unbound.

IP:

In EU: Unbound.

Environmental services

(CPC 9401, 9402, 9403, 9404, part of 94060, 9405, part of 9406 and 9409)

CSS:

In BE, EE, ES, FI, FR, HR, IE, IT, LU, MT, NL, PL, PT, SI, SE: None.

In AT, BG, CZ, CY, DE, DK, EL, HU, LT, LV, RO, SK: Economic needs test.

IP:

In EU: Unbound.

Travel agencies and tour operators services (including tour managers 90 )

(CPC 7471)

CSS:

In AT, DE, EE, ES, FR, HR, IT, LU, NL, PL, SI, SE: None.

In BG, CY, CZ, EL, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.

In DK: Economic needs test, except for CSS stays of up to three months.

In BE, IE: Unbound, except for tour managers, where: None.

IP:

In EU: Unbound.

Tourist guides services

(CPC 7472)

CSS:

In NL, PT, SE: None.

In AT, BE, BG, CY, CZ, DE, DK, EE, FI, FR, EL, HU, IE, IT, LV, LU, MT, RO, SK, SI: Economic needs test.

In ES, HR, LT, PL: Unbound.

IP:

In EU: Unbound.

Chef de Cuisine

(part of CPC 87909)

CSS:

In EU, except PT: Unbound.

In PT: Advanced technical qualification and at least 6 years of demonstrable work experience at the level of chef de cuisine may be required. Where the qualification has not been obtained in the EU and its Member States, the Member State concerned may evaluate whether this is equivalent to the qualification required in its territory. Economic needs test.

IP:

In EU: Unbound.

All other sectors

In EU: Unbound.

Sector or sub‑sector

Description of measure indicating its inconsistency with Article 8.9 or Article 8.15

Countries to which the measure applies

Intended duration

Conditions creating the need for the exemption

All sectors

According differential treatment to a country pursuant to any existing or future bilateral or multilateral agreement which:

(i)    creates an internal market in services and investment;

(ii)    grants the right of establishment; or

(iii)    requires the approximation of legislation in one or more economic sectors.

"internal market in services and investment" means an area without internal frontiers in which the free movement of services, capital and persons is ensured;

All countries with whom the Union concludes a regional economic integration agreement

Indefinite

Needed to protect existing and future international agreements.

"right of establishment" means an obligation to abolish in substance all barriers to establishment among the parties to the bilateral or multilateral agreement by the entry into force of that agreement; the right of establishment shall include the right of nationals of the parties to the bilateral or multilateral agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the party where such establishment takes place;

"approximation of legislation" means: (i) the alignment of the legislation of one or more of the parties to the bilateral or multilateral agreement with the legislation of the other party or parties to that agreement; or (ii) the incorporation of common legislation into the law of the parties to the bilateral or multilateral agreement; such alignment or incorporation shall take place, and shall be deemed to have taken place, only at such time that it has been enacted in the law of the party or parties to the bilateral or multilateral agreement.

Road Transport

In Romania, the permission for vehicles registered in the countries indicated in the third column to transport goods and/or passengers is in accordance with existing or future bilateral road agreements. Road cabotage is reserved for domestic registered vehicles.

Austria, Albania, Belgium, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, Switzerland, Latvia, Lithuania, France, Finland, Italy, Iran, Germany, Greece, Luxembourg, Great Britain, Norway, Netherlands, Poland, Portugal, Spain, Sweden, Slovakia, Syria, Slovenia, Turkey, Hungary, and possibly other countries in the future.

Indefinite

The need for the exemption is linked to the regional specificity of the cross‑border provision of road transport services.

Rail Transport

- Passenger and Freight

Measures that are taken under existing or future agreements, and which regulate traffic rights and operating conditions, and the provision of transport services in the territory of Bulgaria, Czechia and Slovakia and between the countries concerned.

All countries with which agreements are or will be in force.

Indefinite

To protect the integrity of rail transport infrastructure and the environment, and to regulate traffic rights in the territory of Czechia and Slovakia and between the countries concerned.

Road Transport

- Passenger and Freight

Provisions in existing or future agreements on international road haulage (including combined transport – road/rail) and passenger transport, concluded between the Union or the Member States and third countries, which:

(a)    reserve or limit the provision of transport service between the contracting parties or across the territory of the contracting parties to vehicles registered in each contracting party 91 ; or

(b)    provide for tax exemption for such vehicles.

Switzerland, states in Central, Eastern and South-Eastern Europe and all members of the Commonwealth of Independent States, Albania, Turkey, Lebanon, Israel, Syria, Jordan, Egypt, Tunisia, Algeria, Morocco, Iran, Afghanistan, Iraq, and Kuwait.

Indefinite

The need for exemption is linked to the regional characteristics of the cross‑border provision of road transport services.

Road Transport

- Passenger and Freight

Measures that are taken under existing or future agreements, and which reserve or limit the provision of transport services and specify operating conditions, including transit permits and/or preferential road taxes of a transport services into, in, across and out of Czechia to the contracting parties concerned.

All countries with which agreements are or will be in force.

Indefinite

To protect the integrity of road transport infrastructure and the environment, and to regulate traffic rights in the territory of Czechia and between the countries concerned.

Road Transport

- Passenger and Freight

Provisions in existing or future reciprocal bilateral and plurilateral agreements on international road transport (including combined transport, road and rail) reserving cabotage transport in Finland.

All countries with which bilateral or plurilateral agreements are in force.

Indefinite

Regional specificity of the road transport services.

Road Transport

- Passenger and Freight

VAT exemption in Austria is limited to international passenger transport carried out by foreign entrepreneurs by means of motor vehicles registered in the countries indicated in the third column.

Successor states of former Yugoslavia, Switzerland, and successor states of the former Union of Soviet Socialist Republics (with the exception of the Baltic States, Azerbaijan, Georgia, Moldova and Uzbekistan).

Indefinite

Reciprocity; and facilitating of the development of international touring.

Road Transport

- Passenger and Freight

Exemption from vehicle tax in Austria under certain conditions on the grounds of de facto reciprocity, limited to vehicles registered in the countries indicated in the third column.

Israel, Monaco, San Marino, Turkey, Vatican City, and United States.

Indefinite

Reciprocity; and facilitating of the development of international touring and/or international transport of goods.

Road Transport

- Passenger and Freight

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

All countries with which agreements are or will be in force

Indefinite

To protect the transport infrastructure and the environment, and to regulate traffic rights in the territory of Lithuania and between countries concerned.

Road Transport

- Passenger and Freight

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

All countries with which agreements are or will be in force.

Indefinite

Protection of the integrity of the infrastructure, as well as environmental protection, and regulation of traffic rights in the territory of Bulgaria and between the countries concerned.

Road Transport Passenger and Freight

Measures applied under existing or future agreements on international road transport and which reserve or limit the provision of transport services and specify operating conditions, including transit permits and/or preferential road taxes of transport services into, in, across and out of the Republic of Croatia to the parties concerned

All countries with which the Republic of Croatia has agreements on road transport in force

Indefinite

The need for exemption is linked to the region characteristics of the road transport services and to the necessity to regulate traffic rights in and across the territory of the Republic of Croatia and between Croatia and the countries concerned

All Passenger and Freight Transport Services excluding Maritime Transport

Poland: a reciprocity requirement concerning supply of transport services by suppliers of countries concerned, in, into and across the territory of such countries.

All countries

Indefinite

System of existing and future reciprocal agreements on transport cooperation (or of similar character), and promotion and protection of foreign investments, implementing, inter alia, transportation quotas resulting from bilaterally agreed system of permits.

Road Transport

- Passenger and Freight

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

All countries with which agreements are or will be in force.

Indefinite

To protect the integrity of road transport infrastructure and the environment, and to regulate traffic rights in the territory of Slovakia and between the countries concerned.

Road Transport

- Freight (CPC 7123)

Authorisation for the establishment of a commercial presence in Spain may be refused to service suppliers, whose country of origin does not accord effective market access to Spanish service suppliers.

All countries

Indefinite

Need to ensure effective market access and equivalent treatment for Spanish service suppliers.

Auxiliary Air Transport Services

(a)    aircraft repair and maintenance services during which an aircraft is withdrawn from service;

(b)    the selling and marketing of air transport services;

(c)    computer reservation system (CRS) services; and

The right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement.

All countries

Indefinite

Needed to protect existing and future international agreements.

(d)    other services auxiliary to air transport services, such as ground-handling services and rental service of aircraft with crew

CRS and Sales and Marketing of Air Transport Services

Provisions of Article 7 of Regulation (EEC) No 2299/89, as amended by Regulation (EEC) No 3089/93, whereby the obligations of CRS system vendors or of parent and participating air carriers shall not apply to CRS system vendors or parent and participating air carriers of countries where treatment equivalent to that applied under the Regulation is not accorded to EU CRS system vendors or parent and participating air carriers in the countries.

All countries where a CRS system vendor or a parent air carrier is located.

Indefinite

The need for the exemption results from the insufficient development of multilaterally agreed rules for the operation of CRS.

Cargo‑Handling Services and Storage and Warehouse Services in Sea and River Harbours, Including Services Relating to Containers and Goods in Containers

The right to supply these kinds of services is granted by Bulgaria upon a reciprocity basis and under bilateral agreements with the countries concerned.

All countries

Indefinite

The aim of the application of such a measure is to guarantee equal access to the market of other countries for Bulgarian suppliers of such kinds of services.

Maritime Transport

Measures concerning the establishment, activities and operations of shipping companies beyond the commitment undertaken by Indonesia in Annexes 8‑E and 8-F.

Unspecified

Indefinite

International agreements in the context of overall trade relations.

Maritime Transport

- Cabotage

Existing or future reciprocal measures taken by Finland exempting vessels registered under the foreign flag of a specified other country from the general prohibition to operate cabotage transport in Finland.

All countries

Indefinite

Regional specificity of the maritime cabotage transport.

Maritime Transport

Reciprocal measures taken by Sweden based upon existing or future agreements exempting vessels registered under the foreign flag of the countries indicated in the third column from the general prohibition to operate cabotage traffic in Sweden.

All countries with which bilateral or plurilateral agreements are in force.

Indefinite

To regulate cabotage traffic based on reciprocal agreements.

Rental/Leasing Services without Operators, relating to Ships (CPC 83103)

Rental of Vessels with Crew

(CPC 7213, 7223)

Chartering-in of foreign ships by consumers resident in Germany may be subject to a condition of reciprocity.

All countries

Indefinite

Need to ensure effective market access and equivalent treatment for German service suppliers.

Fisheries

The Union reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or plurilateral international agreement involving fisheries in force or signed after the date of entry into force of this Agreement.

All countries

Indefinite

Needed to protect existing and future bilateral and plurilateral international agreements.

Fishing and Fishing-related Services

Preferential treatment – in the area of fisheries jurisdiction of countries involved – to the services and service providers from countries with which Poland has favourable fishery relations, in accordance with the international conservation practices and policies or agreements on fisheries, particularly in the Baltic Sea basin.

All countries

Indeterminate

Cooperation concerning the conservation of fisheries and fishing based on the practice as well as existing and future agreements, particularly in the Baltic Sea basin.

Legal Services

Attorneys from foreign countries can act as advocates in court in Lithuania only in accordance with bilateral agreements on legal assistance.

All countries with which agreements are or will be in force.

Indefinite

Need to ensure an ability to control the legality and responsibility.

Legal Services

In Bulgaria, full national treatment on the establishment and operation of companies, as well as on the provision of services, may be extended only to companies established in, and citizens of, the countries indicated in the third column.

Countries with which preferential arrangements are or will be concluded.

Indefinite

Obligations under international agreements.

Human Health Services

Provision for Cypriot citizens of medical treatment, not available in Cyprus, in selected countries with which bilateral agreements have been signed or will be signed in the future.

All countries with whom medical cooperation might be desirable.

Indefinite

The measure is necessary due to the existence of, or possible future signing of new, bilateral agreements between Cyprus and third countries with whom Cyprus has geographical proximity or other special links.

Medical and Dental Services

Public medical insurance, subsidisation and compensation plans and programs, which cover the cost and expenses relating to medical and dental services provided for foreign citizens in the territory of Bulgaria, are granted on the basis of reciprocity in the framework of bilateral agreements.

Countries with which such bilateral agreements are or will be concluded.

Indefinite

Obligations under international agreements.

Public Social Security Services

Provisions of bilateral agreements on social security concluded between Cyprus and certain countries.

Australia, Egypt, Canada, Province of Quebec, and any country with whom an agreement may be concluded in the future.

Indefinite

To enable persons who are or become subject to the social security legislation of the contracting parties to maintain their social security rights if they move from one country to another, or to acquire such rights.

These agreements which provide, inter alia, for totalizing periods of insurance or residence in the contracting parties for purposes of eligibility for benefits are concluded between Cyprus and countries with whom there is movement of labour.

Publishing

(part of CPC 88442)

Foreign participation in companies in Italy exceeding 49 % of the capital and voting rights in the companies, subject to a condition of reciprocity.

All countries

Indefinite

Need to ensure effective market access and equivalent treatment for Italian service suppliers.

News Agency Services

(part of CPC 962)

Foreign participation in companies in France publishing publications in the French language exceeding 20 % of the capital or of voting rights in the companies, subject to a condition of reciprocity.

All countries

Indefinite

Need to ensure effective market access and equivalent treatment for French service suppliers.

Press Agency Services

(part of CPC 962)

Market access in France. Subject to a condition of reciprocity.

All countries

Indefinite

Need to ensure effective market access and equivalent treatment for French service suppliers.

Purchase of Land

According to the Constitution of the Republic of Lithuania local governments (municipalities), other national entities as well as foreign entities from the countries indicated in the third column, conducting economic activities in Lithuania which are specified by the constitutional law in compliance with the criteria of European and other integration which Lithuania has embarked on are permitted to acquire, into their ownership, non‑agricultural land plots required for the construction and operation of buildings and facilities necessary for their direct activities.

The land plot acquisition procedure, terms and conditions, as well as restrictions shall be established by the constitutional law.

All countries determined by the constitutional law: Member-states of OECD 92 , North Atlantic Treaty Organization (hereinafter referred as "NATO")54 and associated countries of EU.

Indefinite

Desire to create more favourable conditions for greater economic cooperation between Lithuania and the countries concerned.

Tourist Guides Services

In Lithuania, tourist guides from foreign countries can provide tourist guides services only in accordance with bilateral agreements (or contracts) on tourist guides services assistance on a reciprocity basis.

All countries with which agreements (or contracts) are or will be in force.

Indefinite

Preservation and promotion of the cultural identity.

All sectors

Cyprus:

Waiving of limitations to market access and national treatment in the area of commercial presence, including the movement of capital, with respect to the countries indicated: in the third column.

European Free Trade Association (hereinafter referred to as "EFTA") countries

Indefinite

A gradual liberalisation of commercial presence. Bilateral agreements relating to the mutual protection and promotion of investments with some of the EFTA countries are under preparation.

All sectors

Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic cooperation, such as:

(a)    financial support to R&D projects (the Nordic Industrial Fund);

(b)    funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and

(c)    financial assistance to companies 93 utilizing environmental technology (the Nordic Environment Finance Corporation).

Iceland and Norway

Indefinite

To maintain and develop Nordic cooperation.

All sectors

Poland:

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

All countries

Indeterminate

Reciprocal provisions of existing and future agreements

All sectors

Poland accepts compulsory arbitration of investor-state investment disputes brought by or in respect of service suppliers of countries with which Poland has or will have agreements providing for such procedure.

All countries

Indeterminate

Promotion and protection of foreign investment.

All sectors

Authorisation for purchase of real estate in Italy by foreign natural persons and juridical persons granted on a reciprocity basis.

All countries

Indefinite

The reciprocity requirement is necessary to ensure equivalent treatment for Italians in other countries.

All sectors

Waiver of nationality requirements for the exercise, in Portugal, of certain activities and professions by natural persons supplying services from the countries indicated in the third column.

Countries of Portuguese official language (Angola, Brazil, Cape Verde, Guinea-Bissau, Mozambique, São Tomé & Principe, and East Timor).

Indefinite

This measure reflects historical links between Portugal and these countries.

All sectors

Measures based on existing or future bilateral agreements between certain Member States 94 and the countries and principalities concerned, providing for the right of establishment for natural and juridical persons; or waiving the requirements of work permits for natural persons supplying services.

San Marino, Monaco, Andorra, and Vatican City State.

Indefinite

The geographical situation and historical, economic and cultural links between the Member States and the countries and principalities concerned.

Real estate

For the Republic of Croatia: Reciprocity requirement for foreign persons and approval of the minister for foreign affairs 95* except for immigrants from the former Yugoslav republics and their descendants who are without any citizenship and who require approval by the Ministry in charge of immigration

All countries

Temporary

Political considerations and BOP position reasons

Road Transport Passenger and Freight

Measures applied under existing or future agreements on international road transport and which reserve or limit the provision of transport services and specify operating conditions, including transit permits or preferential road taxes of transport services into, in, across and out of the Republic of Croatia to the parties concerned

All countries with which the Republic of Croatia has agreements on road transport in force

Indefinite

The need for exemption is linked to the region characteristics of the road transport services and to the necessity to regulate traffic rights in and across the territory of the Republic of Croatia and between Croatia and the countries concerned

All sectors

Insofar as the specific commitments in Annexes 8-A and 8-B refer to conditions of reciprocity or the possibility to grant waivers, the specified limitations can partially or entirely be waived conditioned on the fulfilment of specific requirements or subject to reciprocity.

All countries

Indefinite

Need to ensure effective market access and equivalent treatment for EU service suppliers.

Sector or Sub-sector

Description of reservations

I.    HORIZONTAL SECTION

All sectors

Income Tax

Non-residents tax-payers shall be subjected to income tax measure.

Non-resident taxpayers will be subject to withholding tax of 20 %, if they derive the following income from an Indonesian source, inter alia:

(a)    Interest;

(b)    Royalty;

(c)    Dividend;

(d)    Fee from service performed in Indonesia.

Most Favoured Nation

Indonesia reserves the right to adopt or maintain any measure that accords more favourable treatment to any services or service suppliers under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.

Indonesia reserves the right to adopt or maintain any measure that accords more favourable treatment to any services or service suppliers under any international agreement signed after the date of entry into force of this Agreement, except with respect to treatments to the sectors/sub‑sectors marked as "MFN" in the sectors specific section.

For sectors/sub-sectors are not marked as "MFN", if, after the date of entry into force of this Agreement, Indonesia subsequently enters into any agreement with a non-party in which it accords treatment to services or service suppliers of that non-party more favourable than it accords to like services or service suppliers of the Union, the Union may request consultations to discuss the possibility of extending such treatment. On request from the Union, Indonesia will give consideration to negotiate for the incorporation of treatment no less favourable than that provided under the agreement in question. Such incorporation shall take into account the overall balance of benefits.

Indonesia reserves the right to adopt or maintain any measure related to more favorable treatment accorded to service suppliers of a non-party and their services resulting from:

(a)    any existing or future preferential agreement or arrangement between or among ASEAN Member States;

(b)    with respect of advantages accorded to adjacent countries to the extent covered by paragraph 3 of Article II of the GATS; and

(c)    any international agreement in force or signed after the date of entry into force of this Agreement, involving:

(i)    aviation;

(ii)    fisheries; or

(iii)    maritime matters, including salvage.

II.    SECTOR SPECIFIC SECTION

1. BUSINESS SERVICES

A. Professional Services