Contractual service suppliers:
In AT, CZ, DE, EE, ES, FR, IT, LU, NL, PL, SI, SE: None.
In BG, EL, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.
In DK: Economic needs test, except for stays of contractual service suppliers of up to 3 (three) months.
In BE, IE: Unbound, except for tour managers (persons whose function is to accompany a tour group of a minimum of 10 (ten) persons, without acting as guides in specific locations), for which there is: none.
In HR: Residency requirement.
In CY: Unbound.
Independent professionals:
EU: Unbound.
Entertainment services other than audiovisual services (including theatre, live bands, circus and discotheque services)
(CPC 9619)
Contractual service suppliers:
In EU, except BE, DE, FR: Economic needs test.
In BE, DE, FR: Unbound.
In SI: Duration of stay is limited to 7 (seven) days per event. For circus and amusement park services, duration of stay is limited to a maximum of 30 (thirty) days per calendar year.
Independent professionals:
EU: Unbound.
________________
(1) The Bulgarian property law recognises the following limited property rights: right to use, right to build, right to raise a superstructure and servitudes.(2) As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.(3) According to the Law on Commercial Companies, a branch established in SI is not considered a juridical person, but as regards its operation, its treatment is equal to that of a subsidiary, which is in line with Article XXVIII paragraph (g) of GATS.(4) It includes legal advisory services, legal representational services, legal arbitration and conciliation or mediation services, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the service supplier or its personnel is qualified to practise as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in the Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these licensing requirements and procedures may take, for example, 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 a Member State of the European Union 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 of the European Union 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 European Union since it involves practice of EU and national procedural law. However, in some Member States of the European Union, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national of or belonging to the State in which the lawyer is entitled to practise.(5) Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.a) Legal services.(6) The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in the Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States of the European Union, only the supply of prescription drugs is reserved to pharmacists.(7) Part of CPC 85201, which is to be found under 1.A.h) Medical (including psychologists) and dental services.(8) The service involved relates to the profession of real estate agent and does not affect any rights or restrictions on natural and juridical persons purchasing real estate.(9) Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and 8868) are to be found under 1. F. l) 1. Maintenance and repair of vessels to 1. F. l) 4 Maintenance and repair of aircraft and parts thereof. Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 1.B. Computer and related Services.(10) Does not include printing services, which fall under CPC 88442 and are to be found under 1.F. p) Printing and publishing.(11) "Handling" refers to activities such as clearance, sorting, transport and delivery.(12) "Postal item" refers to items handled by any type of commercial operator, whether public or private.(13) For example, letters and postcards.(14) Books and catalogues are included hereunder.(15) Journals, newspapers and periodicals.(16) Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit and confirmation of receipt.(17) Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service. "Postal item" refers to items handled by any type of commercial operator, whether public or private.(18) "Items of correspondence" means a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.(19) Transportation of postal and courier items on own account by any land mode.(20) Transportation of mail on own account by air.(21) These services do not include online information or data processing (including transaction processing) (part of CPC 843) which is to be found under 1.B. Computer and related services.(22) "Broadcasting" is defined as radio communication in which transmissions are intended for direct reception by the general public and may include sound transmission and television transmission.(23) These services, which include CPC 62271, are to be found in 14.D Wholesale trade services of solid, liquid and gaseous fuels and related products and wholesale trade services of electricity, steam and hot water.(24) Does not include maintenance and repair services, which are to be found in reservations 1.B Computer and related services and 1.F.l) 1. Maintenance and repair of vessels to 1. F. l) 4 Maintenance and repair of aircraft and parts thereof.Does not include retailing services of energy products which are to be found in 14.E Retailing services of motor fuel and 14.F Retail sales of fuel oil, bottled gas, coal and wood and retailing services of electricity, (non-bottled) gas, steam and hot water.(25) Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under Professional services in 1.A.k) Retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods and other services supplied by pharmacists. For greater certainty, Hungary's commitment for mode 1 in CPC 63211 under distributions services is "none", whereas it is "unbound" for CPC 63211 as committed under professional services.(26) Corresponds to sewage services.(27) Corresponds to cleaning services of exhaust gases.(28) Corresponds to parts of nature and landscape protection services.(29) Catering in air transport services is to be found in Services auxiliary to transport under 12.E.a) Ground-handling services (including catering services).(30) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this list does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State of the European Union, including on its continental shelf as provided in the UNCLOS and traffic originating and terminating in the same port or point located in a Member State of the European Union.(31) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this list does not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State of European Union, including on its continental shelf as provided in the UNCLOS and traffic originating and terminating in the same port or point located in a Member State of the European Union.(32) Part of CPC 71235, which is to be found in Communication services under 2.A. Postal and courier services.(33) Pipeline transportation of fuels is to be found in Energy services under 14.B.(34) Does not include maintenance and repair services of transport equipment, which are to be found in Business services under 1.F.l) 1. Maintenance and repair of vessels to 1. F. l) 4 Maintenance and repair of aircraft and parts thereof.(35) Services auxiliary to pipeline transportation of fuels are to be found in Energy services under 14.C Storage and warehouse services of fuels transported through pipelines.(36) Includes the following services rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation, on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services and plugging and abandoning of wells.Does not include direct access to or exploitation of natural resources.Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 3. Construction and related engineering services.(37) Therapeutical massages and thermal cure services are to be found in 1.A.h Medical (including psychologists) and dental services and 1.A.j 2. Services provided by nurses, physiotherapists and paramedical personnel. Services provided by nurses, physiotherapists and paramedical personnel and health services are to be found in 8.A Hospital services and 8.C Residential health facilities other than hospital services.(38) The Bulgarian property law recognises the following limited property rights: right to use, right to build, right to raise a superstructure and servitudes.(39) As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.(40) As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.(41) As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.(42) According to the Law on Commercial Companies, a branch established in Slovenia is not considered a juridical person, but as regards its operation, its treatment is equal to that of a subsidiary, which is in line with Article XXVIII paragraph (g) of GATS.(43) Public utilities exist in sectors such as related scientific and technical consulting services, research and development services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific listing is not practical.(44) This limitation does not apply to telecommunications services and to computer and related services.(45) In accordance with Article 54 of the TFEU, these subsidiaries are considered as juridical persons of the EU. To the extent that they have a continuous and effective link with the economy of the EU, they are beneficiaries of the EU internal market, which includes, among others, the freedom to establish and to provide services in all Member States of the European Union.(46) Total sum of assets, or total sum of debts plus capital.(47) Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.f) and 6.F.g).(48) Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.f) and 6.F.g).(49) Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.f) and 6.F.g).(50) Does not include services incidental to mining rendered on a fee or contract basis at oil and gas fields which are to be found in ENERGY SERVICES under 19.A Services incidental to mining.(51) This sector does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.h).(52) The sector is limited to manufacturing activities. It does not include activities which are audio-visual-related or present a cultural content.(53) Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.p) Printing and publishing.(54) Does not include operation of electricity transmission and distribution systems on a fee or contract basis, which are to be found in ENERGY SERVICES.(55) Does not include transportation of natural gas and gaseous fuels via pipelines, transmission and distribution of gas on a fee or contract basis and sales of natural gas and gaseous fuels, which are to be found in ENERGY SERVICES.(56) Does not include transmission and distribution of steam and hot water on a fee or contract basis and sales of steam and hot water, which are to be found in ENERGY SERVICES.(57) Includes legal advisory services, legal representational services, legal arbitration and conciliation or mediation services, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the service supplier 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 the Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these licensing requirements and procedures may take, among others, 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 a Member State of the European Union 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 of the European Union 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 the practice of EU and national procedural law. However, in some Member States of the European Union, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national of or belonging to the State in which the lawyer is entitled to practise.(58) Does not include legal advisory and legal representational services on tax matters, which are to be found under 6..A.a) Legal services.(59) The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in the Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States of the European Union, only the supply of prescription drugs is reserved to pharmacists.(60)
Part of CPC 85201, which is to be found under 6.A.h) Medical (including psychologists) and dental services.
(61) The service involved relates to the profession of real estate agent and does not affect any rights or restrictions on natural and juridical persons purchasing real estate.(62) Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F.l) 1. Maintenance and repair of vessels to 6.F.l) 4. Maintenance and repair of aircraft and parts thereof.Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. Computer and related services.(63) Does not include printing services, which fall under CPC 88442 and are to be found under 6.F.p) Printing and publishing.(64) "Handling" refers to activities such as clearance, sorting, transport and delivery.(65) "Postal item" refers to items handled by any type of commercial operator, whether public or private.(66) For example, letters or postcards.(67) Books and catalogues are included hereunder.(68) Journals, newspapers and periodicals.(69) Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit and confirmation of receipt.(70) Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service. "Postal item" refers to items handled by any type of commercial operator, whether public or private.(71) "Items of correspondence" means a communication in written form on any kind of physical medium to be conveyed and delivered at the address indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.(72) Transportation of postal and courier items on own account by any land mode.(73) Transportation of mail on own account by air.(74) These services do not include online information data processing (including transaction processing) (part of CPC 843) which is to be found under 6.B. Computer and related services.(75) "Broadcasting" is defined as radio communication in which transmissions are intended for direct reception by the general public and may include sound transmission and television transmission.(76) These services, which include CPC 62271, are to be found in ENERGY SERVICES under 19.D Wholesale trade services of solid, liquid and gaseous fuels and related products and wholesale trade services of electricity, steam and hot water.(77) Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 6.B. Computer and related services and 6.F.l).Does not include retailing services of energy products, which are to be found in ENERGY SERVICES under 19.E. Retailing services of motor fuel and 19. F. Retail sales of fuel oil, bottled gas, coal and wood and retailing services of electricity, (non-bottled) gas, steam and hot water.(78) Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 6.A.k).(79) Corresponds to sewage services.(80) Corresponds to cleaning services of exhaust gases.(81) Corresponds to parts of nature and landscape protection services.(82) Catering in air transport services is to be found in SERVICES AUXILIARY TO TRANSPORT under 17.E.a) Ground-handling services.(83) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, the commitments do not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State of the European Union, including on its continental shelf as provided in UNCLOS and traffic originating and terminating in the same port or point located in a Member State of the European Union.(84) Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, the commitments do not include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State, including on its continental shelf as provided in UNCLOS and traffic originating and terminating in the same port or point located in a Member State of the European Union.(85) Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 7.A. Postal and Courier Services.(86) Pipeline transportation of fuels is to be found in ENERGY SERVICES under 19.B.(87) Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES 6.F.l) 1. Maintenance and repair of vessels to 6.F.l) 4. Maintenance and repair of aircraft and parts thereof.(88) This measure is applied on a non-discriminatory basis.(89) Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 19.C Storage and warehouse services of fuels transported through pipelines.(90) Includes the following services rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation, on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services and plugging and abandoning of wells.Does not include direct access to or exploitation of natural resources.Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION AND RELATED ENGINEERING SERVICES.(91) Therapeutical massages and thermal cure services are to be found under 6.A.h) Medical and dental services, 6.A.j) 2. Services provided by nurses, physiotherapists and paramedical personnel, and health services (13.A Hospital services and 13.C Residential health facilities other than hospital services).(92) For greater certainty, managers, executives and specialists may be required to demonstrate that they possess the professional qualifications and experience needed in the juridical person to which they are transferred.(93) As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.(94) In order for non-EU country nationals to obtain EU-wide recognition of their qualifications, a mutual recognition agreement, negotiated within the framework defined in Article 10.11, is necessary.(95) Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.f).(96) Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.f).(97) Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.f).(98) The horizontal limitation on public utilities applies.(99) Does not include services incidental to mining rendered on a fee or contract basis at oil and gas fields, which are to be found in ENERGY SERVICES under 19.A.(100) This sector does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.h).(101) Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.p) Printing and Publishing.(102) Includes legal advisory services, legal representational services, legal arbitration and conciliation or mediation services, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the service supplier or its personnel is qualified to practise as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in the Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these may take, among others, 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 a Member State of the European Union, 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 European Union, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national of or belonging to the State in which the lawyer is entitled to practise.(103) Does not include legal advisory and legal representational services on tax matters, which are to be found in LEGAL SERVICES under 6.A.a).(104) The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in the Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.(105) The service involved relates to the profession of real estate agent and does not affect any rights or restrictions on natural and juridical persons purchasing real estate.(106) Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F.l) 1. Maintenance and repair of vessels to 6.F.l) 3. Maintenance and Repair of motor vehicles, motorcycles, snowmobiles and road transport Equipment.(107) Does not include printing services, which fall under CPC 88442 and are to be found under 6.F.p) Printing and Publishing.(108) Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 6.F.l) 1, 2, 3 and 5.Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 19.A.(109) Pipeline transportation of fuels is to be found in ENERGY SERVICES under 19.B.(110) Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.l) 1. Maintenance and repair of vessels to 6.F.l) 3. Maintenance and Repair of motor vehicles, motorcycles, snowmobiles and road transport Equipment.(111) Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 19.A.(112) Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation, on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services, plugging and abandoning of wells.Does not include direct access to or exploitation of natural resources.Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. Construction and related engineering services.(113) Therapeutical massages and thermal cure services are to be found under 6.A.h) Medical (including psychologists) and dental services, 6.A.j) 2. Services provided by nurses, physiotherapists and paramedical personnel, and health services (13.A Hospital services and 13.C Residential health facilities other than hospital services.(114) Such professional experience must be obtained after having reached the age of majority, as defined under the applicable laws and regulations.(115) If the degree or qualification has not been obtained in the Member State of the European Union where the service is supplied, that Member State of the European Union may evaluate whether this is equivalent to a university degree required in its territory.(116) If the degree or qualification has not been obtained in the Member State of the European Union where the service is supplied, that Member State of the European Union may evaluate whether this is equivalent to a university degree required in its territory.(117) In order for natural persons of Signatory MERCOSUR States to obtain EU-wide recognition of their qualifications, it is necessary that a mutual recognition agreement is negotiated within the framework defined pursuant to Article 10.11.(118) Like the provision of other services, legal services are 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, among others, 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 requirement to have their legal or professional domicile in the host country. A reservation for legal services listed in Annexes 10-A and 10-B by a Member State of the European Union for "domestic law" as covering the "law of the European Union and of its Member States" applies to this Annex.(119) Does not include legal advisory and legal representational services on tax matters, which are listed under legal advisory services in respect of public international law and foreign law.(120) Part of CPC 85201, which is listed under Medical and dental services.(121) For all Member States except DK, the approval of the research organisation and the hosting agreement have to meet the conditions set out in Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing, OJ L 132, 21.5.2016, p. 21.(122) Maintenance and repair services of office machinery and equipment including computers (CPC 845) are listed under Computer and related services.(123) Corresponds to sewage services.(124) Corresponds to cleaning services of exhaust gases.(125) Corresponds to parts of nature and landscape protection services.(126) Services suppliers whose function is to accompany a tour group of a minimum of 10 (ten) persons, without acting as guides in specific locations.
ANNEX 10-E. SPECIFIC COMMITMENTS OF THE SIGNATORY MERCOSUR STATES IN CONFORMITY WITH ARTICLES 10.3 AND 10.4
General conditions
1. The specific commitments listed below indicate the services and non-services sectors liberalised pursuant to Articles 10.3(1), 10.4(1), 10.5, 10.8, 10.9, 10.10(1) and 10.10(2) and specifies by means of reservations the market access and national treatment limitations that apply.
2. The specific commitments listed below shall not be interpreted as limitations to domestic regulation or as limitations on the introduction of new regulations with a view to achieving national policy objectives, in accordance with the fourth paragraph of the preamble to the GATS and the main objectives of this Agreement.
3. The list of specific commitments for individual services sectors and subsectors is elaborated on the basis of a positive list approach and is identified in accordance with the classification list in Document MTN.GNS/W/120 of the WTO and the corresponding numbers in the CPC, as defined in Article 1.3(c).
4. The list of specific commitments for non-services sectors is elaborated on the basis of a positive list approach and identified in accordance with the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 4, ISIC Rev. 3, 1989, hereinafter referred to as "ISIC – Rev.3", for Argentina, Paraguay and Uruguay. For Brazil, the list of specific commitments for non-services sectors is identified in accordance with the Central Product Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, N° 77, CPC, 2008, hereinafter referred to as "CPC – Rev. 2", and covers only non-services sectors or activities (headings 0, 1, 2, 3 and 4).
5. If no reference is made by one or more Signatory MERCOSUR States to a specific sector or subsector, that Signatory MERCOSUR State or those Signatory MERCOSUR States do not make any commitments for that specific sector or subsector.
6. Measures that are inconsistent with both Articles 10.3 and 10.4 are listed in the column relating to Article 10.3. Such listing shall also be considered to provide a condition or qualification to Article 10.4.
Specific conditions
Argentina
7. Argentina reserves the right to use exchange rate regulations which are in conformity with the Articles of Agreement of the International Monetary Fund, done at Bretton Woods, New Hampshire, on July 22, 1944.
Brazil
8. In cases of doubt or divergence between the list of specific commitments made by Brazil for non-services sectors and for services sectors, the latter shall prevail.
9. For the purposes of interpretation of list of specific commitments made by Brazil, the cross‑border supply of services through electronic means, including the Internet, shall be limited to Mode 1.
Paraguay and Uruguay
10. The list of specific commitments made by Paraguay and Uruguay are without prejudice to existing bilateral agreements concluded by Paraguay and Uruguay relating to taxes and tax measures or to the capacity of Signatory MERCOSUR States to pursue the objectives of their fiscal policies.
List of specific commitments
Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
HORIZONTAL COMMITMENTS
ARGENTINA
ALL SERVICES AND NON‑SERVICES SECTORS INCLUDED IN THIS LIST
The supply of certain services may depend on public concessions and the conditions established therein.
Acquisition of land: unbound in frontier areas (150 (one hundred and fifty) kilometres in land frontier areas and 50 (fifty) kilometres in coastal areas).
The acquisition of rural land by foreigners is limited by law.
Acquisition in border areas ("security areas") limited to native Argentinians. Foreign natural persons and enterprises carrying on investment projects with a majority of Argentinian personnel can acquire buildings or exploit authorisations and concessions in security areas only with prior authorisation.
The absolute majority of the directors of a juridical person must have permanent residence in Argentina.
In the case of state-owned enterprises subject to privatisation, Argentina reserves the right to establish special share arrangements (such as the retention of "golden shares") or to grant preferences in the purchase of shares to the employees of such state -owned enterprise subject to privatisation.
Argentina reserves the right to adopt or maintain any measure aimed at developing less developed regions, borders areas, or at reducing regional inequalities, as well as any measure necessary to ensure social inclusion and industrial development.
4) Unbound, except for measures affecting the entry and temporary stay of natural persons in the following categories: key personnel, business sellers and contractual service suppliers, in accordance with Section B of Chapter 10 and the conditions specified in the list of specific commitments for these categories. In order to supply a contractual service, the contractual service supplier shall comply with qualification requirements and conditions described in the list of sector- specific commitments.
4) Unbound, except for measures affecting the entry and temporary stay of natural persons in the following categories: key personnel, business sellers and contractual service suppliers, in accordance with Section B of Chapter 10 and the conditions specified in the list of specific commitments for these categories. In order to supply a contractual service, the contractual service supplier shall comply with qualification requirements and conditions described in the list of sector- specific commitments.
BRAZIL
ALL SERVICES AND NON‑SERVICES SECTORS INCLUDED IN THIS LIST
1), 2), 3), 4)
(i) Brazil reserves the right to adopt or maintain any measure aimed at developing less privileged regions or at reducing regional inequalities, as well as any measure necessary to ensure social inclusion and rural development.
(ii) Brazil reserves the right to adopt or maintain incentives in favour of its services and service suppliers, with the purpose of fostering technological development, technology transfer, scientific research and the development of standards and norms in Brazil. This reservation includes, for instance, tax measures and preferences for Brazilian services and service suppliers.
3)
(i) Foreign service suppliers and investors wishing to supply services and conduct investment activities as a legal person in Brazil shall conform to one of the types of legal entity in accordance with Brazilian law.
3) Foreign capital in Brazil must be registered through a declaratory and electronic procedure, with the Central Bank of Brazil.
(ii) In border strips (areas within 150 (one hundred and fifty) kilometres from national boundaries) and in some areas (the Amazon Basin, the Mata Atlântica, the Serra do Mar and the Pantanal of Mato Grosso), authorisation is required for some activities, including the following: (a) participation of foreigners, whether natural or juridical persons, in any capacity in a juridical person which owns real estate rights over rural property;
(b) installation and operation of media aiming at the exploitation of services of sound broadcasting or sound and image broadcasting; (c) establishment and exploitation of industrial plants of particular interest for national security; (d) establishment and operation of companies involved in the prospecting, extraction and exploitation of mineral resources and in the supply of hydraulic energy;
and (e) establishment of companies involved in rural settlement. In the case of points (c), (d) and (e), the respective companies must fulfil the following requirements, among others: 51 % of the company's capital must be held by Brazilians;
the majority of management positions must be held by Brazilians. If such activities are carried out by only one individual, only Brazilians may be granted special authorisation to carry out such activities. In the case of point (b), among other requirements, the company's capital must be wholly owned by Brazilian nationals.
(iii) The acquisition or lease of rural property or the acquisition of any other real estate right over rural property by foreign natural persons, foreign juridical persons or Brazilian juridical persons with foreign participation is subject to specific conditions, limitations and authorisation established under Brazilian law. Unless otherwise provided under Brazilian law, the donation of real estate of the Union or of the States to foreigners, whether natural or juridical persons, is forbidden.
3), 4)
In enterprises with 3 (three) or more employees, two thirds of the work force must consist of Brazilian nationals who shall account for two thirds of the payroll. Members of the Fiscal Council and of the board of directors of publicly-held companies and their managers shall reside in Brazil. In the case of "intra-corporate transferees", the appointment of executives and managers depends on proof of investment by the foreign service supplier. In the case of "contractual service suppliers", working permissions depend on the presentation of a training programme for Brazilian employees. Unbound for "independent professionals".
4) Unbound, except for measures related to the following categories:
A) Key Personnel:
1. Intra-Corporate Transferees (hereinafter referred to as "ICT")
An associate link must exist between the service supplier in the Brazilian territory and its headquarters abroad. The position to be filled by the ICT must be vacant.
Juridical persons shall ensure that there is at least 2 (two) Brazilians for every 3 (three) employees.
4) Temporary working contracts shall be approved by the relevant competent authority.
The employees refer to:
(i) Managers
Appointment of a manager must be related to:
(a) investment amounting to, at least, US$ 50 000, provided that the company creates 10 (ten) new jobs during the first 2 (two) years after its establishment or the entry of the manager or administrator; or
(b) the company must have invested a minimum amount of US$ 200 000 in Brazil.
(ii) Specialists
The company employing the specialist shall justify the need to contract such professionals and technicians in relation to similar professionals and technicians available in Brazil.
2. Business Visitors
Under the terms and periods of stay established in Section B of Chapter 10.
B) Business Sellers
Under the terms and periods of stay established in Section B of Chapter 10.
C) Contractual Service Suppliers
The service consumer must be a juridical person established in Brazil.
There must be a contract for technical assistance or transfer of technology between the enterprise of the Union and the service consumer in Brazil.
For each foreign professional covered by the contract there must be: a) justification of the need for the services of that professional in view of professionals available in Brazil; and b) proof of previous experience of at least 3 (three) years.
If the enterprise of the Union has no Brazilian professionals, it must present a training programme for Brazilian professionals.
PARAGUAY
ALL SERVICES INCLUDED IN THIS LIST
Paraguay reserves the right to adopt or maintain any measure aimed at fostering technological development, scientific research and the development of standards and norms in Paraguay, whether discriminatory or not.
Paraguay reserves the right to adopt or maintain any measure aimed at developing less privileged regions or at reducing regional inequalities, as well as those necessary to ensure social inclusion and rural development.
3) Acquisition of land, or residence requirements, applicable to foreign investors, unbound in border areas 100 (one hundred) kilometres from land frontiers)
3) The Paraguayan Civil Act (law 1183/1985) establishes that the enterprises constituted abroad are ruled, as for their existence and capacity, by the laws of the country of their domicile. The type of firm that they carry out enables them fully to exercise in the Republic of Paraguay the actions and rights that correspond to them. More, for the habitual exercise of acts included in the special object of their institution, they will conform to the established prescriptions in the Republic.
The domicile of the foreign enterprises is considered to be the place where their core business is. However, establishments, agencies or branch offices set up in the Republic of Paraguay are considered to be domiciled in it for the acts practiced in the territory of Paraguay, Therefore, they have to fulfil the formalities and obligations set up for the Paraguayan type of enterprise that is the most similar to the type of foreign enterprise concerned.
The Paraguayan Civil Act establishes that for the fulfillment of the formalities mentioned before, every enterprise set up abroad that wishes to exercise its activity in Paraguay must:
(a) set up a representation with an specific address in the country and particular addresses of the representatives for other legal causes;
(b) confirm that the firm has been set up in accordance with the laws of its country; and
(c) justify in the same way, the agreement or decision to create a branch or representation, the capital to be assigned, if applicable, and the designation of the representatives.
4) Unbound, except for measures affecting the entry and temporary stay of natural persons in the following categories: key personnel (intra-corporate transferees, business visitors, managers and specialists) and graduate trainees which are subject to Section B of Chapter 10 and to the conditions specified in the list of specific commitments. In order to supply a contractual service, the service supplier shall comply with qualification requirements and conditions described in the list of specific commitments for these categories. The conditions for these categories will be subject to the reciprocity granted by the Union.
4) Unbound, except for measures affecting the entry and temporary stay of natural persons in the following categories: key personnel (intra-corporate transferees, business visitors, managers and specialists) and graduate trainees which are subject to Section B of Chapter 10 and to the conditions specified in the list of specific commitments. In order to supply a contractual service, the service supplier shall comply with qualification requirements and conditions described in the list specific commitments for these categories. The conditions for these categories will be subject to the reciprocity granted by the Union.
URUGUAY
ALL SERVICES INCLUDED IN THIS LIST
3) Uruguay reserves its right to adopt or manintain any measure seeking to establish a Border Safety Zone (Zona de Seguridad Fronteriza) adjoining the land and fluvial borders of the national territory.
4) Unbound, except for measures affecting the entry and temporary stay of natural persons in the categories subject to Section B of Chapter 10 and to the conditions specified in the list of specific commitments.
4) Unbound, except for measures affecting the entry and temporary stay of natural persons in the categories subject to Section B of Chapter 10 and to the conditions specified in the list of specific Commitments.
I. LIST OF SPECIFIC COMMITMENTS FOR NON-SERVICES
SECTORS AND SUBSECTORS
LIMITATIONS ON MARKET ACCESS
LIMITATIONS ON NATIONAL TREATMENT
ARGENTINA
II. LIST OF SECTOR-SPECIFIC COMMITMENTS
A. AGRICULTURE, HUNTING AND FORESTRY
01. Agriculture, hunting
None.
None.
02. Forestry, logging 1
None.
None.
B. FISHING
05. Fishing, operation of fish hatcheries and fish farms
Exploitation of live maritime resources shall only be granted to natural persons with residence in Argentina or to juridical persons established in accordance with Argentina's law.
Vessels employed in the fishing industry must be enrolled in the competent Argentinian registry and fly the Argentinian flag.
The activities of vessels flying foreign flags will have to comply with the terms of Law 24.922/97. They shall only be admitted jointly with one or more locally registered enterprises, as determined by Corporate Law 19550.
Crew members of all fishing vessels shall comply with the following requirements:
(a) captains and officers shall be of Argentinian nationality, either by birth, option or naturalisation; and
(b) 75 % of the rest of crew members aboard fishing vessels must be either Argentine or foreigners with more than 10 (ten) years of effectively accredited permanent residence in Argentina.
If the percentage established in point (b) is not possible due to a lack of personnel, foreign personnel may provisionally board the vessel until that percentage is re-established, subject to compliance with all legal requirements. When Argentinian crew members are available, the crew must be completed with them.
In the event of an infraction of laws or regulations, in addition to the applicable penalty, foreign vessels may be retained at an Argentinian port until either payment of fines is complied with or satisfactory guarantees are provided.
C. MINING AND QUARRYING
10. Mining of coal and lignite; extraction of peat
None.
None.
12. Mining of uranium and thorium ores
Unbound.
Unbound.
13. Mining of metal ores
None.
None.
14. Other mining and quarrying
None.
None.
D. MANUFACTURING
Argentina reserves the right to maintain or adopt any measure related to performance requirements in regulations or programmes for domestic producers of capital and information technology goods.
Argentina reserves the right to maintain or adopt any measure related to incentives in regulations or programmes for domestic producers of capital and information technology goods.