FOR THE KINGDOM OF SPAIN,
FOR THE FRENCH REPUBLIC,
FOR THE REPUBLIC OF CROATIA,
FOR THE ITALIAN REPUBLIC,
FOR THE REPUBLIC OF CYPRUS,
FOR THE REPUBLIC OF LATVIA,
FOR THE REPUBLIC OF LITHUANIA,
FOR THE GRAND DUCHY OF LUXEMBOURG,
FOR HUNGARY,
FOR THE REPUBLIC OF MALTA,
FOR THE KINGDOM OF THE NETHERLANDS,
FOR THE REPUBLIC OF AUSTRIA,
FOR THE REPUBLIC OF POLAND,
FOR THE PORTUGUESE REPUBLIC,
FOR ROMANIA,
FOR THE REPUBLIC OF SLOVENIA,
FOR THE SLOVAK REPUBLIC,
FOR THE REPUBLIC OF FINLAND,
FOR THE KINGDOM OF SWEDEN,
FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
FOR IRELAND,
FOR THE EUROPEAN UNION,
FOR THE EUROPEAN ATOMIC ENERGY COMMUNITY,
FOR UKRAINE
Attachments
ANNEX XVI TO CHAPTER 6. LIST OF RESERVATIONS ON ESTABLISHMENT; LIST OF COMMITMENTS ON CROSS-BORDER SUPPLY OF SERVICES; LIST OF RESERVATIONS ON CONTRACTUAL SERVICES SUPPLIERS AND INDEPENDENT PROFESSIONALS
EU Party
1. Reservations in conformity with Article 88(2) (Establishment): Annex XVI-A
2. List of commitments in conformity with Article 95(1) (Cross-Border Supply): Annex XVI-B
3. Reservations in conformity with Articles 101 (Contractual services suppliers) and 102 (Independent Professionals): Annex XVI-C
Ukraine
4. Reservations in conformity with Article 88(3) (Establishment) Annex XVI-D;
5. List of commitments in conformity with Article 95(1) (Cross-Border Supply): Annex XVI-E
6. Reservations in conformity with Articles 101 (Contractual services suppliers) and 102 (Independent Professionals): Annex XVI-F
7. The following abbreviations are used for the purpose of Annexes XVI-A, XVI-B, XVI-C:
AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czech Republic
DE Germany
DK Denmark
EU European Union, including all its Member States
ES Spain
EE Estonia
FI Finland
FR France
EL Greece
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
UK United Kingdom
8. The following abbreviation is used for the purpose of Annexes XVI-D, XVI-E, XVI-F:
UA Ukraine
ANNEX XVI-A TO CHAPTER 6. EU PARTY RESERVATIONS ON ESTABLISHMENT (Referred to in Article 88(2))
1. The list below indicates the economic activities where reservations to national treatment or most favourable treatment by the EU pursuant to Article 88(2) apply to establishments and investors of Ukraine.
The list is composed of the following elements:
(a) A list of horizontal reservations applying to all sectors or sub-sectors.
(b) A list of sector or sub-sector-specific reservations indicating the sector or sub-sector concerned alongside the applicable reservation(s).
A reservation corresponding to an activity which is not liberalised (Unbound) is expressed as follows: "No national treatment and most favoured nation treatment obligations".
When a reservation under (a) or (b) only includes Member State-specific reservations, Member States not mentioned therein undertake the obligations of Article 88(2) in the sector concerned without reservations (the absence of Member State-specific reservations in a given sector is without prejudice to horizontal reservations or to sectoral EU-wide reservations that may apply).
2. In accordance with Article 85(3) of the Agreement, the list below does not include measures concerning subsidies granted by the Parties.
3. For the sectors concerned by regulatory approximation, as set out in Annex XVII, the restrictions listed hereunder shall be lifted in accordance with Article 4(3) of Annex XVII.
4. The rights and obligations arising from the list below shall have no self-executing effect and thus confer no rights directly on natural or legal persons.
Horizontal reservations
Public utilities
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.
Investment and types of establishment
EU: Treatment accorded to subsidiaries (of Ukraine companies) formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Union is not extended to branches or agencies established in a Member State by a Ukraine company.
EU: Incorporation in the EU is required in some Member States for establishment in some services sectors ( 52 ).
EE: If at least one half of the members of the management board of the private or public limited company do not have their residence in Estonia, in another Member State of the European Economic Area or Switzerland, the company shall provide the registrar information (including address) about a person having his/her residence in Estonia who is entitled on behalf of the company to receive procedural documents of the company and to accept declarations of intention addressed to the company.
AT: Managing directors of branches of juridical persons must be resident in Austria; natural persons responsible within a juridical person or a branch for the observance of the Austrian Trade Act must have a domicile in Austria.
FI: A foreign juridical person carrying on trade as a partner in a Finnish limited or general partnership needs a trade permit from the National Board of Patents and Registration unless the juridical person is already established in the EEA. If a foreign organization intends to carry on a business or trade by establishing a branch in Finland, a trade permit is required. For all sectors, at least one of the Members and deputy Members of the Board have to be residents in the EEA; however exemptions may be granted to certain companies.
FI: The acquisition of shares by foreign 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 or with a turnover exceeding 168 million Euros or with a balance sheet total exceeding 168 million Euros) is subject to confirmation by the Finnish authorities; the confirmation may be denied only if an important national interest would be jeopardized. These limitations do not apply to telecommunications services, except as regards the residency requirement concerning the Members of the Board.
SK: A foreign natural person whose name is to be registered in the Commercial Register as a person authorized to act on behalf of the entrepreneur (company) is required to submit a temporary residence permit for the Slovak Republic.
HU: No national treatment and most favourable nation treatment obligations for the acquisition of state owned properties.
PL: All sectors except for legal services and services provided by healthcare units: the establishment by foreign service suppliers may only take the form of limited partnership, limited liability company or joint stock company.
Real estate purchase
In the following Member States, the purchase of real estate is subject to limitations.
AT: The acquisition, purchase as well as rent or lease of real estate by foreign natural persons and juridical persons requires an authorization by the competent regional authorities (Länder) which will consider whether important economic, social or cultural interests are affected or not.
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 (right to use, right to build, right to raise a superstructure and servitudes) of real estate.
CZ: Agricultural and forest land can be acquired only by foreign juridical persons with permanent residence in the Czech Republic. Specific rules apply to the agricultural and forest land in the state ownership. These limitations are valid until 7 years after Czech accession to the EU.
DK: Limitations on real estate purchase by non-resident physical and legal entities. Limitations on agricultural estate purchased by foreign physical and legal entities.
HU: Subject to the exceptions included in legislation on arable land, foreign natural and legal persons are not allowed to acquire arable land. The purchase of real estate by foreigners is subject to obtaining permission from the country public administration agency competent on the basis of the location of real estate.
EE: Limitations on the acquisition of agricultural, forest and border land.
EL: According to Law No. 1892/90, permission from the Ministry of Defence is needed for acquisition of land in areas near borders. According to administrative practices, permission is easily granted for direct investment.
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 cannot be acquired by foreign juridical or natural persons.
MT: The requirements of Maltese legislation and regulations regarding acquisition of real property shall continue to apply.
LT: Acquisition into ownership of land, internal waters and forests shall be permitted to foreign subjects meeting the criteria of European and transatlantic integration. The land plot acquisition procedure, terms and conditions, as well as restrictions shall be established by the constitutional law.
LV: Limitations on the acquisition of land in rural areas and land in cities or urban areas.
PL: The acquisition of real estate, direct and indirect 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 Defense, and in the case of agricultural real estate, also with the consent of the Minister of Agriculture and Rural Development.
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.
SI: Branches established in the Republic of Slovenia by foreign persons may only acquire real estate, except land, necessary for the conduct of the economic activities for which they are established.
SK: Agricultural and forest land cannot be acquired by foreign juridical or natural persons. Specific rules apply to certain other real estate categories.
Sectoral reservations
Agriculture, Hunting
FR: The establishment of agricultural enterprises by non-EU companies and the acquisition of vineyards by non EU investors are subject to authorisation.
HR: No national treatment and most favourable treatment obligations with respect to agriculture activities.
Fishing and Aquaculture
EU: Access to and use of the biological resources and fishing grounds situated in the maritime waters coming under the sovereignty or within the jurisdiction of Member States of the European Union may be restricted to fishing vessels flying the flag of a European Union territory unless otherwise provided for.
Mining and quarrying
EU: No national treatment and most favourable treatment obligations with respect to juridical persons of Ukraine controlled ( 53 ) by natural or juridical persons of a country which accounts for more than 5 % of the EU's oil or natural gas imports ( 54 ), 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.
Manufacturing
Publishing, printing and reproduction of recorded media ( 55 )
IT: Nationality condition for owners of publishing and printing companies.
HR: Residence requirement for Publishing, printing and reproduction of recorded media.
Manufacture of refined petroleum products ( 56 )
EU: No national treatment and most favourable treatment obligations with respect to juridical persons of Ukraine controlled ( 57 ) by natural or juridical persons of a country which accounts for more than 5 % of the EU's oil or natural gas imports ( 58 ), 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.
Production, Transmission and distribution on own account of electricity, gas, steam and hot water ( 59 ) (excluding nuclear based electricity generation)
Production of electricity; transmission and distribution of electricity on own account
Manufacture of gas; distribution of gaseous fuels through mains on own account
EU: No national treatment and most favoured nation obligations for production of electricity, transmission and distribution of electricity on own account and manufacture of gas, distribution of gaseous fuels.
For production, transmission and distribution of steam and hot water
EU: No national treatment and most favoured national obligations for juridical persons controlled ( 60 ) by natural or juridical persons of a non EU country which accounts for more than 5 % of the European Union's oil, electricity or natural gas imports. Unbound for direct branching (incorporation is required).
Business services
Professional services
EU ( 61 ): No national treatment and most favourable treatment obligations with respect to legal advisory and legal documentations and certification services provided by legal professionals entrusted with public functions, such as notaries.
AT: With respect to legal services, foreign lawyers' (who must be fully qualified in their home country) equity participation and shares in the operating result of any law firm may not exceed 25 per cent. They may not have decisive influence in decision-making. For foreign minority investors, or its qualified personnel, provision of legal services is only authorized in respect of public international law and the law of the jurisdiction where they are qualified to practice as a lawyer; provision of legal services in respect of domestic (EU and Member State) law including representation before courts requires full admission to the bar, which is subject to a nationality condition.
With respect to accounting, bookkeeping, auditing and taxation advisory services, equity participation and voting rights of persons entitled to exercise the profession according to foreign law may not exceed 25 per cent. No national treatment and most favourable nation treatment obligations for medical (except for dental services and for psychologists and psychotherapists) and veterinary services.
BG: With respect to legal services, some types of legal form ("advokatsko sadrujie" and "advokatsko drujestvo") are reserved to lawyers fully admitted to the Bar in Bulgaria. With respect to architectural services, urban planning and landscape architectural services, Engineering and Integrated engineering services Foreign natural and legal persons, possessing recognized licensed designer competence under their national legislation, may survey and design works in Bulgaria independently only after winning a competitive procedure and when selected as contractors under the terms and according to the procedure established by the Public Procurement Act.
FR: With respect to legal services, 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. With respect to architectural services, medical (including psychologists) and dental services, midwife services and services provided by nurses, physiotherapists and paramedical personnel foreign investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle".
HR: Unbound except for consultancy on home country, foreign and international law. Representation of parties before courts can be practised only by the members of the Bar Council of Croatia (Croatian title "odvjetnici"). Citizenship requirement for membership in the Bar Council. In proceedings involving international elements, parties can be represented before arbitration courts – ad hoc courts by lawyers who are members of bar associations of other countries.
Licence is required to provide audit services. Natural and legal persons may supply architectural and engineering services upon approval of the Croatian Chamber of Architects and Croatian Chamber of Engineers respectively.
All persons providing services directly to patients/treating patients need a licence from the professional chamber.
HU: Establishment should take the form of partnership with a Hungarian barrister (ügyvéd) or a barrister's office (ügyvédi iroda), or representative office.
PL: While other types of legal form are available for EU lawyers, foreign lawyers only have access to the legal forms of registered partnership, limited partnership or a limited joint-stock partnership.
FI: With respect to auditing services residency requirement for at least one of the auditors of a Finnish Liability company.
LT: With respect to auditing services, at least — of shares of an audit company must belong to auditors or auditing companies of EU or EEA. Full admission to the Bar required for the practice of domestic (EU and Member State) law, which is subject to a nationality condition.
LV: In a commercial company of sworn auditors more than 50 per cent of the voting capital shares shall be owned by sworn auditors or commercial companies of sworn auditors of the EU or the EEA.
Research and Development services
EU: For publicly funded Research and Development services, exclusive rights and/or authorisations can only be granted to EU nationals and to EU juridical persons having their headquarters in the EU.
Rental/Leasing without Operators
EU: With respect to rental and leasing relating to aircraft, although waivers can be granted for short term lease contracts, 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 (including nationality of directors).
Other business services
AT: Regarding placement services and labour leasing agencies, authorization can only be granted to juridical persons having their headquarter in the EEA and members of the management board or managing partners/shareholders entitled to represent the juridical person have to be EEA-citizens and have to be domiciled in the EEA.
BE: With respect to security services, EU citizenship and residence is required for managers.
FI: No national treatment and most favourable nation treatment obligations with respect to related services (i.e. Medical, including Psychologists, and Dental services; Midwives services; Physiotherapists and Paramedical Personnel).
EL: No national and most favourable nation treatment with respect to dental technicians.