D. Services auxiliary to road transport
a) Cargo-handling services
(part of CPC 741)
b) Storage and warehouse services
(part of CPC 742)
c) Freight transport agency services
(part of CPC 748)
d) Rental of Commercial Road Vehicles with Operators
(CPC 7124)
e) Supporting services for road transport equipment
(CPC 744)
f) Other supporting and auxiliary services
(part of CPC 749)
In AT: For rental of commercial road vehicles with operators, authorisation can only be granted to nationals of a Member State of the European Union and to juridical persons of the EU having their headquarters in the EU.
In BG: Unbound for direct branching (incorporation is required). Participation in a Bulgarian company is limited to 49 % (forty-nine per cent).
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.
In SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.
In HR, CY: Unbound for rental of commercial road vehicles with operators.
E. 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 2 (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 for other reasons, to not less than two suppliers.
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 % (forty-nine per cent) limitation on equity participation and through branches.
In SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.
F. Services auxiliary to pipeline transport of goods other than fuel 89
a) Storage and warehouse services of goods other than fuel transported by pipelines
(part of CPC 742)
None.
18. OTHER TRANSPORT SERVICES
Provision of combined transport service
In all Member States of the European Union except AT, BG, CY, CZ, EE, HR, HU, LT, LV, MT, PL, RO, SE, SI, SK: None, without prejudice to the limitations inscribed in this list 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) 90
In CY: Unbound.
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.
B. Pipeline transportation of fuels
(CPC 7131)
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)
In CY, CZ, MT, PL, SK: 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 FI: Unbound for control or ownership of a liquefied natural gas (hereinafter referred to as "LNG") terminal (including those parts of the LNG terminal used for storage or re-gasification of LNG) by foreign persons or enterprises for energy security reasons.
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
EU: Unbound for wholesale trade services of electricity, steam and hot water.
In FI: Unbound for the importation, wholesale and retail of electricity. Quantitative restrictions apply in the form of monopolies or exclusive rights for the importation of natural gas and for the production and distribution of steam and hot water.
In SK: Unbound for direct branching (incorporation is required) for liquid and gaseous fuels.
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
EU: Unbound for retailing services of motor fuel, electricity, (non-bottled) gas, steam and hot water.
In BE, BG, DK, FR, IT, MT, PT: For retail sales of fuel oil, bottled gas, coal and wood, authorisation for department stores (for FR and PT only for large stores) is subject to an economic needs test. Main criteria: number of and impact on existing stores, population density, geographic spread, impact on traffic conditions and creation of new employment.
G. Services incidental to energy distribution
(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: Unbound.
In IT: An economic needs test applies on a national treatment basis. 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. Main criteria: population and density of existing business.
In CY: Nationality requirement.
d) Other beauty treatment services n.e.c.
(CPC 97029)
In IT: An economic needs test applies on a national treatment basis. Main criteria: population and density of existing business.
In CY: Nationality requirement applies.
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 91
(CPC ver. 1.0 97230)
In CY: Nationality requirement applies.
f) Telecommunications connection services
(CPC 7543)
None.
ANNEX 18-C. EUROPEAN UNION. LIST OF LIMITATIONS IN CONFORMITY WITH ARTICLES 18.3, 18.4, 18.8 AND 18.9 (KEY PERSONNEL, GRADUATE TRAINEES AND BUSINESS SELLERS)
1. The list of limitations in this Annex indicates the economic activities liberalised pursuant to Articles 18.3 and 18.4 and specifies, by means of reservations, the limitations that apply to key personnel, graduate trainees and business sellers in accordance with Articles 18.8 and 18.9. The list in this Annex is composed of two columns containing the following elements, respectively:
(a) the sector or sub-sector in which limitations apply; and
(b) a description of the applicable limitations.
The European Union does not undertake any commitment for key personnel and graduate trainees in economic activities for which it does not take commitments on establishment in accordance with Annex 18-B neither does it undertake any commitments for business sellers in economic activities for which it does not take any commitments on cross-border supply of services in accordance with Annexes 18-A and 18-B.
2. For the purposes of this Annex, when identifying individual sectors and sub-sectors:
(a) "CPC" means the Central Products Classification as defined in Article 9.3(c);
(b) "CPC ver. 1.0" means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC ver. 1.0, 1998; and
(c) "ISIC rev 3.1" means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 4, ISIC REV 3.1, 2002.
3. Commitments on key personnel and graduate trainees do not apply if the intent or effect of their temporary stay is to interfere with, or otherwise affect the outcome of, any labour or management dispute or negotiation.
4. The list in this Annex does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures if they do not constitute a limitation within the meaning of Articles 18.3 and 18.4. Those measures (for example, need to obtain a licence, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, and need to have a postal address in the territory where the economic activity is performed), even if not listed below, apply in any case to key personnel and graduate trainees of a Signatory MERCOSUR State.
5. To the extent that commitments are not taken in Chapter 18, all other requirements of the laws and regulations of each Party regarding entry and temporary stay continue to apply, including those concerning the period of stay.
6. Notwithstanding the provisions of this Chapter, all requirements of each Party's laws and regulations regarding employment and social security measures shall continue to apply, including regulations concerning minimum wages and collective wage agreements.
7. The list in this Annex is without prejudice to the existence of public monopolies and exclusive rights, as set out by the European Union in Annex 18-B.
8. In the sectors where economic needs tests are applied, their main criteria shall be the assessment of the relevant market situation in the Member State of the European Union or the region where the service is to be provided, including with respect to the number of, and the impact on, existing services suppliers.
9. The European Union takes commitments with respect to market access as set out in Article 18.3(1), differentiated by its Member States, if applicable.
10. For greater certainty, for the European Union, the obligation to grant national treatment does not entail the requirement to extend to natural or juridical persons of a Signatory MERCOSUR State the treatment granted in a Member State of the European Union, pursuant to the Treaty on the Functioning of the European Union, or to any measure adopted pursuant to that Treaty, including the implementation of that Treaty or such measures in the Member States of the European Union, to:
(a) natural persons or residents of a Member State of the European Union; or
(b) juridical persons constituted or organised under the law of another Member State of the European Union or that of the European Union and having their registered office, central administration or principal place of business in a Member State of the European Union.
Such national treatment is granted to juridical persons which are constituted or organised under the law of a Member State of the European Union or that of the European Union and have their registered office, central administration or principal place of business in a Member State of the European Union, including those which are owned or controlled by natural or juridical persons of a Signatory MERCOSUR State.
11. The following abbreviations are used in the list in this Annex:
– EU European Union, including all its Member States
– EEA European Economic Area
– AT Austria
– BE Belgium
– BG Bulgaria
– CY Cyprus
– CZ Czechia
– DE Germany
– DK Denmark
– EE Estonia
– EL Greece
– ES Spain
– FI Finland
– FR France
– HR Croatia
– HU Hungary
– IE Ireland
– IT Italy
– LV Latvia
– LT Lithuania
– LU Luxembourg
– MT Malta
– NL The Netherlands
– PL Poland
– PT Portugal
– RO Romania
– SK Slovak Republic
– SI Slovenia
– SE Sweden
Sector or sub-sector
Description of reservations
All sectors
Scope of intra-corporate transferees
In BG: The number of intra-corporate transferees shall not exceed 10 % (ten percent) of the average annual number of the citizens of the EU employed by the respective Bulgarian juridical person. If fewer than 100 (one hundred) persons are employed, the number of intra-corporate transferees may, subject to authorisation, exceed 10 % (ten percent) of that of the total employees.
In HU: Category of intra-corporate transferees is unbound for a natural person who has been a partner in a juridical person of a Signatory MERCOSUR State.
All sectors
Specialists 92
EU: In assessing the specialised knowledge of the natural person, account shall be taken not only of knowledge specific to the enterprise, but also of whether the person has a high level of qualification, including adequate professional experience, referring to a type of work or activity requiring specific technical knowledge, including possible membership of an accredited profession.