With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment, Local presence:
In IT: Residency or professional domicile in Italy is required for enrolment in the geologists' register, which is necessary for the practice of the professions of surveyor or geologist in order to provide services relating to the exploration and the operation of mines, etc. Nationality of a Member State is required; however, foreigners may enrol under condition of reciprocity.
Measures:
IT: Geologists: Law 112/1963, Articles 2 and 5; D.P.R. 1403/1965, Article 1.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In BG: For natural persons, nationality and residency of a Member State of the EEA or the Swiss Confederation is required in order to execute functions pertinent to geodesy, cartography and cadastral surveying. For legal entities, trade registration under the legislation of a Member State of the EEA or the Swiss Confederation is required.
Measures:
BG: Cadastre and Property Register Act; and Geodesy and Cartography Act.
With respect to Investment liberalisation – National Treatment and Cross-border trade in services – National treatment:
In CY: Nationality requirement applies for the provision of relevant services.
Measures:
CY: Law 224/1990 as amended.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In FR: For exploration and prospecting services establishment is required. This requirement may be waived for scientific researchers, by decision of the Minister of scientific research, in agreement with the Minister of Foreign affairs.
Measures:
FR: Loi 46-942 du 7 mai 1946 and décret no71-360 du 6 mai 1971.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In HR: Services of basic geological, geodetic and mining consulting as well as related environmental protection consulting services in the territory of Croatia can be carried out only jointly with or through domestic juridical persons.
Measures:
HR: Ordinance on requirements for issuing approvals to juridical persons for performing professional environmental protection activities (OG No. 57/10), Arts. 32-35.
(f)
Services incidental to agriculture (part of CPC 88)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Most-favoured-nation treatment, Local presence:
In IT: For biologists, chemical analysts, agronomists and ‘periti agrari’, residency and enrolment in the professional register are required. Third-country nationals can enrol under condition of reciprocity.
Measures:
IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal Decree 842/1928 on the profession of chemical analysts.
With respect to Investment liberalisation – Most-favoured-nation treatment and Cross-border trade in services – Most-favoured-nation treatment:
In PT: The professions of biologist, chemical analyst and agronomist are reserved for natural persons. For third-country nationals, reciprocity regime applies in the case of engineers and technical engineers (and not a citizenship requirement). For biologists, there is not a citizenship requirement nor a reciprocity requirement.
Measures:
PT: Decree Law 119/92 alterado p/ Lei 123/2015, 2 set. (Ordem Engenheiros);
Law 47/2011 alterado p/ Lei 157/2015, 17 set. (Ordem dos Engenheiros Técnicos); and
Decree Law 183/98 alterado p/ Lei 159/2015, 18 set. (Ordem dos Biólogos).
(g)
Security Services (CPC 87302, 87303, 87304, 87305, 87309)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In IT: Nationality of a Member State and residency is required in order to obtain the necessary authorisation to supply security guard services and the transport of valuables.
In PT: The provision of security services by a foreign supplier on a cross-border basis is not allowed.
A nationality requirement exists for specialised personnel.
Measures:
IT: Law on public security (TULPS) 773/1931, Articles 133-141; Royal Decree 635/1940, Article 257.
PT: Law 34/2013 alterada p/ Lei 46/2019, 16 maio; and Ordinance 273/2013 alterada p/ Portaria 106/2015, 13 abril.
With respect to Investment liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – Local presence:
In DK: Residence requirement for individuals applying for an authorisation to provide security services.
Residence is also required for managers and the majority of members of the board of a legal entity applying for an authorisation to conduct security services. However, residence for management and boards of directors is not required to the extent it follows from international agreements or orders issued by the Minister for Justice.
Measures:
DK: Lovbekendtgørelse 2016-01-11 nr. 112 om vagtvirksomhed.
With respect to Cross-border trade in services – Local presence:
In EE: Residency is required for security guards.
Measures:
EE: Turvaseadus (Security Act) § 21, § 22.
(h)
Placement Services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment (applies to the regional level of government):
In BE: In all Regions in Belgium, a company having its head office outside the EEA has to demonstrate that it supplies placement services in its country of origin. In the Walloon Region, a specific type of legal entity (régulièrement constituée sous la forme d'une personne morale ayant une forme commerciale, soit au sens du droit belge, soit en vertu du droit d'un Etat membre ou régie par celui-ci, quelle que soit sa forme juridique) is required to supply placement services. A company having its head office outside the EEA has to demonstrate that it fulfils the conditions as set out in the Decree (for instance on the type of legal entity). In the German-speaking community, a company having its head office outside the EEA has to fulfil the admission criteria established by the mentioned Decree (CPC 87202).
Measures:
BE: Flemish Region: Article 8, § 3, Besluit van de Vlaamse Regering van 10 december 2010 tot uitvoering van het decreet betreffende de private arbeidsbemiddeling.
Walloon Region: Décret du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences de placement (Decree of 3 April 2009 on registration of placement agencies), Article 7; and Arrêté du Gouvernement wallon du 10 décembre 2009 portant exécution du décret du 3 avril 2009 relatif à l'enregistrement ou à l'agrément des agences de placement (Decision of the Walloon Government of 10 December 2009 implementing the Decree of 3 April 2009 on registration of placement agencies), Article 4.
German-speaking community: Dekret über die Zulassung der Leiharbeitsvermittler und die Überwachung der privaten Arbeitsvermittler / Décret du 11 mai 2009 relatif à l'agrément des agences de travail intérimaire et à la surveillance des agences de placement privées, Article 6.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment, Local presence:
In DE: Nationality of a Member State of the EEA or a commercial presence in the European Union is required in order to obtain a licence to operate as a temporary employment agency (pursuant to s. 3 paragraphs 3 to 5 of this Act on temporary agency work (Arbeitnehmerüberlassungsgesetz). The Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of non-EEA personnel for specified professions e.g. for health and care related professions. The licence or its extension shall be refused if establishments, parts of establishments or ancillary establishments which are not located in the EEA are intended to execute the temporary employment (pursuant to Sec. 3 paragraph 2 of the Act on temporary agency work (Arbeitnehmerüberlassungsgesetz).
In ES: Prior to the start of the activity, placement agencies are required to submit a sworn statement certifying the fulfilment of the requirements stated by the current legislation (CPC 87201, 87202).
Measures:
DE: Gesetz zur Regelung der Arbeitnehmerüberlassung (AÜG);
Sozialgesetzbuch Drittes Buch (SGB III; Social Code, Book Three) – Employment Promotion;
Verordnung über die Beschäftigung von Ausländerinnen und Ausländern (BeschV; Ordinance on the Employment of Foreigners).
ES: Real Decreto-ley 8/2014, de 4 de julio, de aprobación de medidas urgentes para el crecimiento, la competitividad y la eficiencia (tramitado como Ley 18/2014, de 15 de octubre).
(i)
Translation and interpretation services (CPC 87905)
With respect to Investment liberalisation – National treatment:
In BG: To carry out official translation activities foreign natural persons are required to hold a permit for long-term, prolonged or permanent residency in the Republic of Bulgaria.
Measures:
BG: Regulation for the legalisation, certification and translation of documents.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In CY: Registration to the Register of Sworn Translators of the Council of Registration of Sworn Translators is necessary for the provision of official translation and certification services. Nationality requirement applies.
In HR: EEA nationality is required for certified translators.
Measures:
CY: The Registration and Regulation of Certified Translator Services Law of 2019 (45(I)/2019) as amended.
HR: Ordinance on permanent court interpreters (OG 88/2008), Article 2.
With respect to Cross-border trade in services – Local presence:
In FI: Residency in the EEA is required for certified translators.
Measures:
FI: Laki auktorisoiduista kääntäjistä (Act on Authorised Translators) (1231/2007), 2 § paragraph 1).
(j)
Other business services (part of CPC 612, part of 621, part of 625, 87901, 87902, 88493, part of 893, part of 85990, 87909, ISIC 37)
With respect to Cross-border trade in services – Local presence:
In SE: Establishment is required for Pawn-shops (part of CPC 87909).
Measures:
SE: Pawn shop act (1995:1000).
With respect to Investment liberalisation – National Treatment:
In PT: Nationality of a Member State is required for the provision of collection agency services and credit reporting services (CPC 87901, 87902).
Measures:
PT: Law 49/2004.
With respect to Investment liberalisation – National Treatment and Cross-border trade in services – Local presence:
In CZ: Auction services are subject to licence. To obtain a licence (for the supply of voluntary public auctions), a company must be incorporated in the Czech Republic and a natural person is required to obtain a residency permit, and the company, or natural person must be registered in the Commercial Register of the Czech Republic (part of CPC 612, part of 621, part of 625, part of 85990).
Measures:
CZ: Act no.455/1991 Coll.;
Trade Licence Act; and
Act no. 26/2000 Coll., on public auctions.
With respect to Cross-border trade in services – Local presence:
In CZ: Only an authorised package company is allowed to supply services relating to packaging take-back and recovery and must be established as juridical person (CPC 88493, ISIC 37).
Measures:
CZ: Act. 477/2001 Coll. (Packaging Act) paragraph 16.
Reservation No. 7 – Construction Services
Sector – sub-sector:
Construction and related engineering services
Industry classification:
CPC 51
Type of reservation:
National treatment
Chapter:
Investment liberalisation; Cross-border trade in services
Level of government:
EU/Member State (unless otherwise specified)
Description:
In CY: Nationality requirement.
Measure:
CY: The Registration and Control of Contractors of Building and Technical Works Law of 2001 (29 (I) / 2001), Articles 15 and 52.
Reservation No. 8 – Distribution services
Sector – sub-sector:
Distribution services – general, distribution of tobacco
Industry classification:
CPC 3546, part of 621, 6222, 631, part of 632
Type of reservation:
National treatment
Local presence
Chapter:
Investment liberalisation; Cross-Border trade in services
Level of government:
EU/Member State (unless otherwise specified)
Description:
(a)
Distribution services (CPC 3546, 631, 632 except 63211, 63297, 62276, part of 621)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In CY: Nationality requirement exists for distribution services provided by pharmaceutical representatives (CPC 62117).
Measures:
CY: Law 74(I) 2020 as amended.
With respect to Cross-border trade in services – Local presence:
In LT: The distribution of pyrotechnics is subject to licensing. Only juridical persons of the European Union may obtain a licence (CPC 3546).
Measures:
LT: Law on Supervision of Civil Pyrotechnics Circulation (23 March 2004. No. IX-2074).
(b)
Distribution of tobacco (part of CPC 6222, 62228, part of 6310, 63108)
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In ES: Establishment is subject to a Member State nationality requirement. Only natural persons may operate as a tobacconist. Each tobacconist cannot obtain more than one licence (CPC 63108).
In FR: Nationality requirement for tobacconists (buraliste) (part of CPC 6222, part of 6310).
Measures:
ES: Law 14/2013 of 27 September 2014.
FR: Code général des impôts.
With respect to Investment liberalisation – National treatment and Cross-border trade in services – National treatment:
In AT: Authorisations are given with priority to nationals of a Member State of the EEA (CPC 63108).