In SI: All persons providing services directly to patients or treating patients need a licence and authorisation for the provision of health services from the Ministry of Health.
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: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, if the public (state or municipal) share in the equity capital of a Bulgarian company exceeds 50 % (fifty percent).
In HR: Nationality requirement for hospitality and catering services in households and rural homesteads.
B. Travel agencies and tour operators services (including tour managers)
(CPC 7471)
In BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, if the public (state or municipal) share in the equity capital of a Bulgarian company exceeds 50 % (fifty percent).
In HR: Approval of the Ministry of Tourism for office manager position.
C. Tourist guides services
(CPC 7472)
In BG, CY, ES, HR, HU, IT, LT, MT, PL, SK: Nationality requirement.
In EL: Diploma from the Tourist Guide Schools of the Greek Ministry of Tourism required. Can be waived if confirmed absence of a tourist guide for a specific language.
In FR: France reserves the right to require EU nationality for the provision of tourist guide services in its territory.
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 FR: Authorisation is necessary for the access to management functions. The authorisation is subject to a nationality requirement if authorisation for more than 2 (two) years is required.
16. TRANSPORT
SERVICES
A. Maritime transport
a) International passenger transportation
(CPC 7211 less national cabotage transport).
b) International freight transportation
(CPC 7212 less national cabotage transport)
EU: Nationality requirement for ships' crew.
In AT: Nationality requirement for the majority of managing directors.
D. Road transport
a) Passenger transportation
(CPC 7121 and CPC 7122)
In AT: Nationality requirement for persons and shareholders entitled to represent a juridical person or a partnership.
In DK, HR: Nationality requirement and residency requirement for managers.
In BG, MT, CY: Nationality requirement.
b) Freight transportation
(CPC 7123, excluding transportation of postal and courier items on own account)
In AT: Nationality requirement for persons and shareholders entitled to represent a juridical person or a partnership.
In BG, MT: Nationality requirement.
In HR: Nationality requirement and residency requirement for managers.
E. Pipeline transport of goods other than fuel 109
(CPC 7139)
In AT: Nationality requirement for managing directors.
17. SERVICES AUXILIARY TO TRANSPORT 110
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
In AT: Nationality requirement for the majority of managing directors.
In BG, MT: Nationality requirement.
In DK: Requirement of residence for customs clearance services.
In EL: Nationality requirement for customs clearance services.
In IT: Requirement of residence for "raccomandatorio marittimo" (shipping agent).
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 (excluding catering)
(part of CPC 749)
D. Services auxiliary to road transport
d) Rental of commercial Road vehicles with operators
(CPC 7124)
In AT: Nationality requirement for persons and shareholders entitled to represent a juridical person or a partnership.
In BG, MT, Nationality requirement.
In CY: Nationality requirement for taxi drivers.
F. Services auxiliary to pipeline transport of goods other than fuel 111
a) Storage and warehouse services of goods other than fuel transported by pipelines
(part of CPC 742)
In AT: Nationality requirement for managing directors.
19. ENERGY SERVICES
A. Services incidental to mining
(CPC 883) 112
In SK: Residency requirement.
In CY: Unbound.
20. OTHER SERVICES NOT INCLUDED ELSEWHERE
a) Washing, cleaning and dyeing services
(CPC 9701)
EU: Nationality requirement for specialists and for graduate trainees.
b) Hairdressing services
(CPC 97021)
EU: Nationality requirement for specialists and for graduate trainees.
c) Cosmetic treatment, manicuring and pedicuring services
(CPC 97022)
EU: Nationality requirement for specialists and for graduate trainees.
d) Other beauty treatment services n.e.c.
(CPC 97029)
EU: Nationality requirement for specialists and for graduate trainees.
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 113
(CPC ver. 1.0 97230)
EU: Nationality requirement for specialists and for graduate trainees.
ANNEX 18-D. EUROPEAN UNION. LIST OF COMMITMENTS REGARDING CONTRACTUAL SERVICE SUPPLIERS AND INDEPENDENT PROFESSIONALS IN CONFORMITY WITH ARTICLES 18.3 AND 18.4
1. The list of commitments in this Annex indicates the economic activities liberalised pursuant to Articles 18.3 and 18.4 for the categories of contractual service suppliers and independent professionals, and specifies the limitations that apply by means of reservations. The list in this annex is composed of two columns as follows:
(a) the first column indicates the sector or sub-sector for which the category of contractual service suppliers and independent professionals is liberalised; and
(b) the second column describes the applicable reservations.
The European Union does not undertake any commitment for contractual service suppliers in economic activities which are not listed in the first column of the list.
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); and
(b) "CPC ver. 1.0" means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC ver 1.0, 1998.
3. Commitments for contractual service suppliers and independent professionals do not apply in cases where the intent or effect of their temporary stay interferes with, or otherwise affects the outcome of, any labour or management dispute or negotiation.
4. The list of commitments 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 in this Annex, apply in any case to contractual service suppliers and independent professionals of a Signatory MERCOSUR State.
5. To the extent that commitments are not made by the European Union, all requirements of the laws 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 the laws and regulations of each Party regarding employment and social security measures shall continue to apply, including regulations concerning minimum wages and collective wage agreements.
7. The list of commitments in this Annex is without prejudice to the existence of public monopolies or exclusive rights in the relevant sectors, as described 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 thereof where the service is to be provided, including with respect to the number of, and the impact on, existing services suppliers.
9. The rights and obligations arising from the list of commitments in this Annex shall have no self-executing effect and thus confer no rights directly on natural or juridical persons.
10. The entry and temporary stay of contractual service suppliers is subject to the following conditions:
(a) the juridical person employing the natural person is neither an agency for the placement and supply services of personnel nor acts through such an agency;
(b) the natural persons entering the European Union offer such services as employees of the juridical person supplying the services for at least 1 (one) year immediately prior to the date of submission of an application for entry and, in addition, possess, at the date of submission of an application for entry into the European Union, at least 3 (three) years of professional experience 114 in the sector of activity which is the subject of the contract;
(c) the natural persons entering the European Union possess:
(i) a university degree or a qualification demonstrating knowledge of an equivalent level 115 ; and
(ii) professional qualifications, if such qualifications are required to exercise an activity pursuant to the laws and regulations of the Member State of the European Union where the service is supplied;
(d) the number of persons covered by the service contract is not higher than necessary to fulfil the contract, in accordance with the laws and regulations of the Member State of the European Union where the service is supplied;
(e) in accordance with point (d) of Article 18.10(1), the entry and temporary stay of natural persons within the European Union is for a cumulative period of not more than 6 (six) months in any period of 12 (twelve) months or for the duration of the contract, whichever is less; and
(f) the service contract concerns one of the following activities:
– legal advisory services in respect of public international law and the law of a country other than a Member State of the European Union;
– accounting and bookkeeping services;
– taxation advisory services;
– architectural services, urban planning and landscape architectural services;
– engineering services and integrated engineering services;
– computer and related services;
– research and development services;
– advertising;
– management consulting services;
– services related to management consulting;
– technical testing and analysis services;
– related scientific and technical consulting services;
– maintenance and repair of equipment;
– translation services;
– construction services;
– site investigation work;
– higher education services;
– environmental services;
– travel agencies and tour operator services; and
– entertainment services.
11. The entry and temporary stay of independent professionals is subject to the following conditions:
(a) the contract of the natural person to supply services with a final consumer in the territory of the European Union is not concluded through an agency as defined in CPC 872;
(b) the natural persons entering the European Union possess, at the date of submission of an application for entry, at least 6 (six) years of professional experience in the sector of activity which is the subject of the contract;
(c) the natural persons entering the European Union possess:
(i) a university degree or a qualification demonstrating knowledge of an equivalent level 116 ; and
(ii) professional qualifications, if such qualifications are required to exercise an activity pursuant to the laws and regulations of the Member State of the European Union where the service is supplied;
(d) in accordance with point (d) of Article 18.10(1) the entry and temporary stay of natural persons within the European Union is for a cumulative period of not more than 6 (six) months in any period of 12 (twelve) months or for the duration of the contract, whichever is less; and
(e) the service contract concerns one of the following activities:
– architectural services, urban planning and landscape architecture;
