In ES: Authorisation for the establishment of a commercial presence in Spain may be refused to service suppliers, whose country of origin does not accord effective market access to service suppliers of Spain (CPC 7123).
In BG, CZ: Unbound for direct branching (incorporation is required).
In FI, LV: Authorisation is required, not extended to foreign registered vehicles.
In LV and SE: Requirement for established entities to use vehicles with national registration.
In IT, SK: Economic needs test. Main criteria: local demand.
E. Pipeline transport of goods other than fuel 86
(CPC 7139)
In AT: Exclusive rights 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.
17. SERVICES AUXILIARY TO TRANSPORT 87
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, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the state of establishment.
In IT: Economic needs test 88 for maritime cargo-handling services. Main criteria: number of and impact on existing establishments, population density, geographic spread and creation of new employment.
In BG: Unbound for direct branching (incorporation is required). Services auxiliary to maritime transport that require the use of vessels can be provided only by vessels operating under the Bulgarian flag.
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 (including catering)
(part of CPC 749)
In SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.
In FI: Services can be provided only by ships operating under the Finnish flag.
In HR: Unbound for c) Customs clearance services, d) Container station and depot services, e) Maritime agency services and f) Maritime freight forwarding services. For a) Maritime cargo handling services, b) Storage and warehousing services, j) Other supporting and auxiliary services (including catering), h) Pushing and towing services and i) Supporting services for maritime transport: None, except that 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.
C. Services auxiliary to rail 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) Pushing and towing services
(CPC 7113)
e) Supporting services for rail transport services
(CPC 743)
f) Other supporting and auxiliary services
(part of CPC 749)
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 SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.
In HR: Unbound for pushing and towing services.
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 10-C. EUROPEAN UNION. LIST OF LIMITATIONS IN CONFORMITY WITH ARTICLES 10.3, 10.4, 10.8 AND 10.9 (KEY PERSONNEL, GRADUATE TRAINEES AND BUSINESS SELLERS)
1. The list of limitations in this Annex indicates the economic activities liberalised pursuant to Articles 10.3 and 10.4 and specifies, by means of reservations, the limitations that apply to key personnel, graduate trainees and business sellers in accordance with Articles 10.8 and 10.9. 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 10-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 10-A and 10-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 1.3(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 10.3 and 10.4. 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.