LV: With respect to investigations services, only detective companies whose head and every person who has an office in the administration institutions thereof is a national of the EU or the EEA are entitled to obtain a license. With respect to security services, at least half of the equity capital should be possessed by physical and juridical persons of the EU or the EEA to obtain a license.
LT: The activity of security services, may only be undertaken by persons with the citizenship of the European Economic Area or a NATO country.
EE: No national treatment and most favourable nation treatment obligations for security services.
HR: No national treatment and most favourable nation treatment obligations for placement services; investigation and security services.
PL: With respect to investigation services, license may be granted to the entrepreneur who is a natural person or to the plenipotentiary possessing professional eligibility (detective license). In the case of the entrepreneur not being a natural person – the professional eligibility must be held at least by one of the members authorized to representation or to a plenipotentiary. The professional license can be granted to a person holding Polish citizenship or to a citizen of another EU Member State, EEA or Switzerland. With respect to security service license may be granted to the entrepreneur who is a natural person possessing a second grade professional license; to the entrepreneur not being a natural person, if the license is possessed by at least one member, being a shareholder of the general partnership or a limited partnership; member of the board; proxy or plenipotentiary who is engaged by an entrepreneur to manage the activity specified in the license. A professional license may be granted only to a person holding Polish citizenship or to a citizen of another EU Member State, EEA or Switzerland.
PL: The editor-in-chief of newspapers and journals must have Polish nationality.
DK: With respect to security services, managers and majority of the board must reside in Denmark.
SK: With respect to investigation services and security services, licences may be granted only if there is no security risk and if all managers are citizens of the EU, EEA or Switzerland.
ES: With respect to security services access is subject to prior authorization.
FR: No national treatment obligation and most favorable nation treatment obligations with respect to the attribution of rights in the area of placement services.
PT: No national treatment and most favorable nation treatment obligations for investigation services.
Distribution services
EU: No national treatment and most favourable nation treatment obligations with respect to distribution of arms, munitions and explosives.
HR: No national treatment and most favourable nation treatment obligations with respect to distribution of tobacco products.
FR: No national treatment and most favourable nation treatment obligations with respect to granting of exclusive rights in the areas of tobacco retail.
FI: No national treatment and most favourable nation treatment obligations with respect to distribution of alcohol and pharmaceuticals.
AT: No national treatment and most favourable nation treatment obligations with respect to distribution of pharmaceuticals.
Financial services ( 62 )
EU: Only firms having their registered office in the European 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, is required to perform the activities of management of unit trusts and investment companies.
BG: Pension insurance shall be implemented through participation in incorporated pension insurance companies. Permanent residence in Bulgaria is required for the chairperson of the management board and the chairperson of the board of directors. Before establishing a branch or agency to provide certain classes of insurance, a foreign insurer must have been authorized to operate in the same classes of insurance in its country of origin.
HR: None, except for settlement and clearing services where the Central Depositary Agency (CDA) is the sole supplier in Croatia. Access to the services of the CDA will be granted to non-residents on a non-discriminatory basis.
HU: Asset management services to domestic compulsory private pension funds and to voluntary mutual insurance funds are reserved to companies having their seats in an EU member state or their branches.
PT: Pension fund management may be provided only by specialized companies incorporated in Portugal for that purpose and by insurance companies established in Portugal and authorised to take up the life insurance business or by entities authorised to pension fund management in other EU Member States.
In order to establish a branch in Portugal, foreign insurance companies need to demonstrate prior operational experience of at least five years.
FI: For insurance companies providing statutory pension insurance: at least one half of the promoters and members of the board of directors and the supervisory board shall have their place of residence in the EU, unless the competent authorities have granted an exemption.
Other insurance companies than those providing statutory pension insurance: residency requirement for at least one member of the board of directors and supervisory board.
IT: Only banks, insurance companies, investment firms, and companies managing UCITS harmonised under the legislations of the European Union, having their legal head office in the European 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 listed in the Italian register. Representative offices of foreign intermediaries cannot carry out activities aimed at providing investment services.
LT: Only firms having their registered office or branch in Lithuania can act as depositories of pension funds.
Health, Social and Education services
EU: No national treatment and most favourable nation treatment obligations with respect to publicly funded health, social and education services. With respect to privately funded education services, nationality conditions may apply for majority of members of the Board.
FI: No national treatment and most favourable nation treatment obligations with respect to privately funded health and social services.
BG: Foreign high schools cannot open their divisions on the territory of the Republic of Bulgaria. Foreign high schools can open faculties, departments, institutes and colleges in Bulgaria only within the structure of the Bulgarian high schools and in cooperation with them.
EL: With respect to higher education services, no national or most favourable nation treatment obligations for establishment of education institutions granting recognized State diplomas.
HR: No national treatment and most favorable nation treatment obligations with respect to primary education.
Tourism and travel related services
PT: Requirement of constitution of a commercial company having its corporate base in Portugal for travel agencies and tour operators services.
HR: Location in the protected areas of particular historic and artistic interest and within national or landscape parks is subject to approval by the Government of the Republic of Croatia which can be denied.
Recreational, cultural and sporting services
News and Press Agencies Services
FR: With respect to press agencies, national treatment for the establishment of juridical persons is subject to reciprocity.
Libraries, archives, museum and other cultural services
HR: No national treatment and most favorable nation treatment obligations with respect to public libraries, archives, museum and other public cultural services.
Sporting and other recreational services
EU: No national treatment and most favourable nation treatment obligations with respect to gambling and betting services. For legal certainty, it is clarified that no market access is granted.
AT: With respect to ski schools and mountain guide services, management directors of juridical persons have to be EEA-citizens.
Transport services
Maritime transport
EU: No national treatment and most favourable nation treatment obligations with respect to national maritime cabotage transport.
EU: No national treatment and most favourable treatment obligations for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.
FI: For services auxiliary to maritime transport, services can be provided only by ships operating under the Finnish flag.
HR: For services auxiliary to maritime transport 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.
Internal Waterways Transport ( 63 )
EU: No national treatment and most favourable nation treatment obligations with respect to national cabotage transport. Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.
HR: No national treatment and most favourable nation treatment obligations for internal waterways transport.
AT, HU: No national treatment and most favourable nation treatment obligations for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.
AT: With respect to internal waterways a concession is only granted to EEA juridical persons and more than 50 % of the capital share, the voting rights and the majority in the governing boards are reserved to EEA-citizens.
Air transport services
EU: No national treatment and most favourable nation treatment obligations for domestic and international air transport services and services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than aircraft repair and maintenance services, the selling and marketing of air transport services, CRS services and other services auxiliary to air transport services, such as ground handling services, rental services of aircraft with crew and airport operations services. The conditions of mutual market access in air transport shall be dealt with by the Agreement between the European Union and its Member States and Ukraine on the establishment of a common aviation area.
Rental of aircraft with crew
EU: Aircraft used by an air carrier of the European Union have to be registered in the Member State of the European Union licensing the carrier or elsewhere in the European Union. With respect to rental of aircraft with crew, aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control. Aircraft must be operated by air carriers owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control.
Computer Reservations System
EU: With respect to computer reservation services, where air carriers of the European Union are not accorded equivalent treatment ( 64 ) to that provided in the European Union by CRS services suppliers outside the European Union, or where CRS services suppliers of the European Union are not accorded equivalent treatment to that provided in the European Union by non-EU air carriers, measures may be taken to accord equivalent treatment, respectively, to the non-EU air carriers by the CRS services suppliers in the European Union, or to the non-EU CRS services suppliers by the air carriers in the European Union.
Rail transport
HR: No national treatment and most favourable nation treatment obligations for passenger and freight transportation and for pushing and towing services, other than treatment established under Article 136 of Chapter 6 (Establishment, Trade in Services and Electronic Commerce) of Title IV of this Agreement.
Road transport
EU: With respect to passenger transportation (CPC 7121 and CPC 7122), foreign investors cannot provide transport services within a Member State (cabotage) except for rental of non scheduled services of buses with operators.
Energy sector
EU: No national treatment and most favourable treatment obligations with respect to juridical persons of Ukraine controlled ( 65 ) by natural or juridical persons of a country which accounts for more than 5 % of the EU's oil or natural gas imports ( 66 ), unless the EU provides comprehensive access to this sector to natural or juridical persons of this country, in the context of an economic integration agreement concluded with that country.
EU: Certification of a transmission system operator which is controlled by a natural or legal person or persons from a third country or third countries may be refused where the operator has not demonstrated that granting certification will not put at risk the security of energy supply in a Member State and/ or the EU, in accordance with Article 11 of Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and Article 11 of Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas.
BE, BG, CY, CZ, DK, ES, EE, FI, FR, EL, IE, LU, MT, NL, PL, PT, RO, SK, SI,: No national treatment and most favourable nation treatment obligations with respect to pipeline transportation of fuels services, other than consultancy services.
LV: No national treatment and most favourable nation treatment obligations with respect to pipeline transportation of natural gas, other than consultancy services.
BE, BG, CY, CZ, DK, ES, EE, FI, FR, EL, IE, HU, LU, LT, MT, NL, PL, PT, RO, SK: No national treatment and most favourable nation treatment obligations with respect to services incidental to energy distribution, other than consultancy services.
SI: No national treatment and most favourable nation treatment obligations with respect to services incidental to energy distribution, other than services incidental to the distribution of gas.
CY: Reserves the right to require reciprocity for licensing in relation to the activities of prospecting, exploration and exploitation of hydrocarbons.
( 52 ) For the sake of clarity, incorporation is to be understood as the establishment of a juridical person.
( 53 ) A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 % of the equity interest in a juridical person shall be deemed to constitute control.
( 54 ) Based on figures published by the Directorate General in charge of Energy in the latest EU energy statistical pocketbook: crude oil imports expressed in weight, gas imports in calorific value
( 55 ) The sector is limited to manufacturing activities. It does not include activities which are audiovisual-related or present a cultural content.
( 56 ) The horizontal limitation on public utilities applies.
( 57 ) A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 % of the equity interest in a juridical person shall be deemed to constitute control.
( 58 ) Based on figures published by the Directorate General in charge of Energy in the latest EU energy statistical pocketbook: crude oil imports expressed in weight, gas imports in calorific value.
( 59 ) The horizontal limitation on public utilities applies.
( 60 ) A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 per cent of the equity interests in a juridical person shall be deemed to constitute control.
( 61 ) Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the investor or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of EU law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the EU acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EU since it involves practice of EU and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national or belonging to the State in which the lawyer is entitled to practice.
( 62 ) The horizontal limitation on the difference in treatment between branches and subsidiaries applies. Foreign branches may only receive an authorisation to operate in the territory of a Member State under the conditions provided for in the relevant legislation of that Member State and may therefore be required to satisfy a number of specific prudential requirements.
( 63 ) Including Services auxiliary to internal waterways transport.
( 64 ) Equivalent treatment implies non-discriminatory treatment of European Union air carriers and European Union CRS services suppliers.
( 65 ) A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or otherwise legally direct its actions. In particular, ownership of more than 50 % of the equity interest in a juridical person shall be deemed to constitute control.
( 66 ) Based on figures published by the Directorate General in charge of Energy in the latest EU energy statistical pocketbook: crude oil imports expressed in weight, gas imports in calorific value.
ANNEX XVI-D TO CHAPTER 6. UKRAINE RESERVATIONS TO ESTABLISHMENT (Referred to in Article 88(1))
Land ownership
Foreign citizens and persons without citizenship have no right to acquisition of property of agricultural lands. Foreign citizens and persons without citizenship do not have a right to acquire free of charge the land plots, which belong to the State and Municipal property, or to privatize the land plots, previously given to them into use.
Foreign legal persons may acquire property rights only for land plots of non-agricultural destination on the territory of populated localities in case of acquisition of the real estate objects related with business activity carried out in Ukraine, and outside the inhabited localities - in case of acquisition of real estate objects.
There are no restrictions on the rent of land by foreigners and foreign legal entities.
The acquisition, purchase as well as rent or lease of real estate by foreign natural persons and juridical persons may require an authorization.
Forestry
Forests can be owned only by Ukrainian citizens and legal entities.
The acquisition of state owned properties
Enterprises and governmental agencies in which state ownership exceeds 25 % are not authorized to participate in the privatization of Ukrainian enterprises.
Prospecting, exploring for and producing hydrocarbons
Establishment shall be in line with Article 279 (on prospecting, exploring for and producing hydrocarbons in Chapter 11 (Trade-related Energy) of Title IV of this Agreement.
Notary services
Only citizens of Ukraine are permitted to supply notary services.
Medical and dental services
Professional qualification requirements according with Ukrainian legislation. Foreign service suppliers must speak Ukrainian.
Private Services provided by Midwives, Nurses, Physiotherapists and Paramedical Personnel
Professional qualification requirements according with Ukrainian legislation. Foreigner service suppliers must speak Ukrainian.
Postal and Courier Services (including express delivery services) ( 67 )
No national treatment for ordinary letters ( 68 ) weighing less than 50 grams and postcards.
Licensing may be required for:
(i) Handling of addressed written communication on any kind of physical medium ( 69 ), including:
— Hybrid mail service
— Direct mail
(ii) Handling of addressed parcels and packages ( 70 )
(iii) Handling of addressed press products ( 71 )
(iv) Handling of items referred to in (i) to (iii) above as registered or insured mail,
— for which a general Universal Service Obligations exists.
These licenses may be subject to particular universal service obligations and/or financial contribution to a compensation fund.
Educational Services
Primary education services, Secondary education services, Higher education services
In line with Ukrainian legislation, only a citizen of Ukraine may be the head of an educational institution, notwithstanding the type of ownership.
Financial services
Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues may be conducted only by legal persons engaged exclusively in issuance of securities, and banks.
Health Related And Social Services
Professional qualification requirements according with Ukrainian legislation for hospital services, including Hospital Management Services and other human health services
Recreational, Cultural And Sporting Services
No national treatment and most favourable nation treatment obligations for access to subsidies to cinema theatre operation services
Foreign investment for news agency services providers is limited to 35 %.
Internal Waterways Transport ( 72 )
No national treatment and most favourable nation treatment obligations with respect to national cabotage transport. Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main-Danube link) reserve some traffic rights for operators based in the countries concerned and meeting nationality criteria regarding ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.
Air Transport Services
No national treatment and most favourable nation treatment obligations for domestic and international air transport services and services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than aircraft repair and maintenance services, the selling and marketing of air transport services, CRS services and other services auxiliary to air transport services, such as ground handling services, rental services of aircraft with crew and airport operations services. The conditions of mutual market access in air transport shall be dealt with by the Agreement between the European Union and its Member States and Ukraine on the establishment of a common aviation area.
Rail Transport Services
No national treatment and most favourable nation treatment obligations for passenger and freight transportation, other than treatment established under Article 136 of Chapter 6 (Establishment, Trade in Services and Electronic Commerce) of Title IV on of this Agreement.
Road Transport Services
Passenger transportation and freight transportation entities shall be registered as a legal entity.
( 67 ) The commitment on postal and courier services and express delivery services applies to commercial operators of all forms of ownership, both private and state.
( 68 ) Ordinary delivery sent via postal box or post office and delivered to postal box at mentioned address without receipts.
( 69 ) E.g. letter, postcards.
( 70 ) Books and catalogues are included in this subsector.
( 71 ) Magazines, newspapers and periodicals.
( 72 ) Including Services auxiliary to internal waterways transport
ANNEX XXIV TO CHAPTER 14. RULES OF PROCEDURE FOR DISPUTE SETTLEMENT
GENERAL PROVISIONS
1. In Chapter 14 (Dispute Settlement) of Title IV of this Agreement and under these rules:
"adviser" means a person retained by a Party to advise or assist that Party in connection with the arbitration panel proceeding;
"arbitration panel" means a panel established under Article 307 of this Agreement;"arbitrator" means a member of an arbitration panel established under Article 307 of this Agreement;"assistant" means a person who, under the terms of appointment of an arbitrator conducts research or provides assistance to the arbitrator;"complaining Party" means any Party that requests the establishment of an arbitration panel under Article 306 of this Agreement;"Party complained against" means the Party that is alleged to have acted inconsistently with this Agreement;"representative of a Party" means an employee or any person appointed by a government department or agency or any other public entity of a Party, who represents the Party for the purposes of a dispute under this Agreement;"day" means a calendar day.
2. The Party complained against shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless otherwise agreed. However, both Parties shall share the expenses derived from organisational matters, including the expenses of the arbitrators.
NOTIFICATIONS
3. The Parties and the arbitration panel shall transmit any request, notice, written submission or other document by delivery against receipt, registered post, courier, facsimile transmission, telex, telegram or any other means of telecommunication that provides a record of the sending thereof.