DK: Revisorloven (The Danish Act on Approved Auditors and Audit Firms), Act No. 1287 of 20/11/2018.
FR: Code de commerce
PL: Act of 11 May 2017 on statutory auditors, audit firms and public oversight - Journal of Laws of 2017, item 1089.
36
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services âNational treatment:
In CY: Authorisation is required, subject to an economic needs test. Main criteria: the employment situation in the sub-sector. Professional associations (partnerships) between natural persons are permitted.
In SK: Only an enterprise in which at least 60 per cent of capital interests or voting rights are reserved to Slovak nationals or nationals of a Member State may be authorised to carry out audits in the Slovak Republic.
Measures:
CY: Auditors Law of 2017 (Law 53(1/2017).
SK: Act No. 423/2015 on Statutory audit.
With respect to Cross-border trade in services â National treatment, Local presence:
In DE: Auditors from third countries registered in accordance with Article 134 WPO may carry out the statutory audit of annual fiscal statements or provide the consolidated financial statements of a company with its headquarters outside the Union, whose transferable securities are offered for trading in a regulated market.
Measures:
DE: Handelsgesetzbuch (HGB; Code of Commercial Law); Gesetz tiber eine Berufsordnung der Wirtschaftspriifer (Wirtschaftspriiferordnung - WPO; Public Accountant Act).
With respect to Investment liberalisation â National treatment and Cross-border trade in
37
services â National treatment:
In ES: statutory auditors must be a national of a Member State. This reservation does not apply to the auditing of non-European Union companies listed in a Spanish regulated market.
Measures:
ES: Ley 22/2015, de 20 de julio, de Auditorfa de Cuentas (new Auditing Law: Law 22/2015
on Auditing services).
With respect to Investment liberalisation â National treatment, Most-favoured nation
treatment and Cross-border trade in services â Local presence:
In SI Commercial presence is required. A third country audit entity may hold shares or form partnerships in Slovenian audit company provided that, under the law of the country in which the third-country audit entity is incorporated, Slovenian audit companies may hold shares or
form partnership in an audit entity in that country (reciprocity requirement).
Measures:
SL Auditing Act (ZRev-2), Official Gazette RS No 65/2008 (as last amended No 84/18); and Companies Act (ZGD-1), Official Gazette RS No 42/2006 (as last amended No 22/19 - ZPosS).
With respect to Investment liberalisation â National treatment
In EE: The majority of the votes represented by the shares of an audit firm shall belong to sworn auditors subject to supervision of a competent authority of a EEA Member State, who have acquired their qualification in an EEA Member State, or to audit firms. At least three- fourths of the persons representing an audit firm on the basis of law shall have acquired their qualifications in an EEA Member State.
Measures:
38
39
EE; Auditors Activities Act (Audiitortegevuse seadus) § 76-77
With respect to Cross-border trade in services â Local presence:
In BE: An establishment in Belgium is required where the professional activity will take place and where acts, documents and correspondence relating to it will be maintained, and to have
at least one administrator or manager of the establishment approved as auditor.
In FI: EEA residency required for at least one of the auditors of a Finnish Limited Liability company and of companies which are under the obligation to carry out an audit. An auditor
must be a locally-licensed auditor or a locally-licensed audit firm.
In HR: Auditing services may be provided only by legal persons established in Croatia or by
natural persons resident in Croatia.
In IT: Residency is required for the provision of auditing services by natural persons.
In LT: Establishment in the EEA is required for the provision of auditing services.
In SE: Only auditors approved in Sweden and auditing firms registered in Sweden may perform statutory auditing services. EEA residency is required. The titles of "approved auditor" and "authorised auditor" may only be used by auditors approved or authorised in Sweden. Auditors of co-operative economic associations and certain other enterprises who are not certified or approved accountants must be resident within the EEA, unless the Government, or a Government authority appointed by the Government, in a particular case
allows otherwise. Measures: BE: Law of July 22nd, 1953 creating an Institute of the Auditors of Firms and organising the
public supervision of the occupation of auditor of firms, coordinated on April 30th, 2007. (Public Accountant Act).
40
FI: Tilintarkastuslaki (Auditing Act) (459/2007), Sectoral laws requiring the use of locally
licensed auditors.
HR: Audit Act (OG 146/05, 139/08, 144/12), Article 3.
IT: Legislative Decree 58/1998, Articles 155, 158 and 161; Decree of the President of the Republic 99/1998; and Legislative Decree 39/2010, Article 2.
LT: Law on Audit of 15 June 1999 No. VIII -1227 (a new version of 3 July 2008 No. X1676).
SE: Revisorslagen (Auditors Act) (2001:883);
Revisionslag (Auditing Act) (1999:1079);
Aktiebolagslagen (Companies Act) (2005:551);
Lag om ekonomiska féreningar (The Co-operative Economic Associations Act) (2018:672); and
Others, regulating the requirements to make use of approved auditors.
(e) Taxation advisory services (CPC 863, not including legal advice and legal
representation on tax matters, which are to be found under legal services)
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â Local presence:
In AT: The capital interests and voting rights of foreign tax advisors, qualified according to the law of their home country, in an Austrian enterprise may not exceed 25 per cent. The service supplier must have an office or professional seat in the EEA.
Measures:
AT: Wirtschaftstreuhandberufsgesetz (Public Accountant and Auditing Profession Act, BGBI. INr. 58/1999), § 12, § 65, § 67, § 68 (1) 4.
41
With respect to Cross-border trade in services â Local presence:
In FR: Establishment or residency is required.
Measures:
FR: Ordonnance 45-2138 du 19 septembre 1945.
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â National treatment:
In BG: Nationality of a Member State is required for tax advisors.
Measures:
BG: Accountancy Act;
Independent Financial Audit Act; Income Taxes on Natural Persons Act; and Corporate Income Tax Act.
With respect to Cross-border trade in services â Local presence:
In HU: EEA residency is required for the supply of taxation advisory services, insofar as they are being supplied by a natural person present in the territory of Hungary.
In IT: Residency is required.
Measures:
HU: Act XCII of 2003 on the Rules of Taxation; and
Decree of the Ministry of Finance no. 26/2008 on the licensing and registration of taxation
advisory activities.
IT: Legislative Decree 139/2005; and Law 248/2006.
42
@) Architecture and urban planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673, 8674)
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services âNational treatment:
In BG: Residency in the EEA or the Swiss Confederation is required for architecture, urban planning and engineering services provided by natural persons. For architectural and engineering projects of national or regional significance, foreign investors must act in partnership with, or as subcontractors to, local investors (CPC 8671, 8672, 8673).
Measures: BG: Spatial Development Act; Chamber of Builders Act; and
Chambers of Architects and Engineers in Project Development Design Act.
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â National treatment:
In HR: A design or project created by a foreign architect, engineer or urban planner must be validated by an authorised natural or legal person in Croatia with regard to its compliance with Croatian Law (CPC 8671, 8672, 8673, 8674).
Measures:
HR: Act on Physical Planning and Building Activities (OG 118/18, 110/19) Physical Planning Act (OG 153/13, 39/19).
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services â National treatment, Local presence:
43
In CY: Nationality and residency condition applies for the provision of architecture and urban planning services, engineering and integrated engineering services (CPC 8671, 8672, 8673, 8674).
Measures:
CY: Law 41/1962 as amended; Law 224/1990 as amended; and Law 29(1)2001 as amended. With respect to Cross-border trade in services â Local presence:
In CZ; Residency in the EEA is required.
In HU: EEA residency is required for the supply of the following services, insofar as they are being supplied by a natural person present in the territory of Hungary: architectural services,
engineering services (only applicable to graduate trainees), integrated Engineering services and landscape architectural services (CPC 8671, 8672, 8673, 8674).
In IT: residency or professional domicile/business address in Italy is required for enrolment in the professional register, which is necessary for the exercise of architectural and engineering services (CPC 8671, 8672, 8673, 8674).
In SK: Residency in the EEA is required for registration in the professional chamber, which is necessary for the exercise of architectural and engineering services (CPC 8671, 8672, 8673, 8674).
Measures:
CZ: Act no. 360/1992 Coll. on practice of profession of authorised architects and authorised
engineers and technicians working in the field of building constructions.
HU: Act LVII of 1996 on the Professional Chambers of Architects and Engineers.
IT: Royal Decree 2537/1925 regulation on the profession of architect and engineer; Law
1395/1923; and Decree of the President of the Republic (D.P.R.) 328/2001.
SK: Act 138/1992 on Architects and Engineers, Articles 3, 15, 15a, 17a and 18a.
With respect to Cross-border trade in services âNational treatment:
In BE: the provision of architectural services includes control over the execution of the works (CPC 8671, 8674). Foreign architects authorised in their host countries and wishing to practice their profession on an occasional basis in Belgium are required to obtain prior authorisation from the Council of Order in the geographical area where they intend to practice their activity.
Measures: BE: Law of February 20, 1939 on the protection of the title of the architect's profession; and Law of 26th June 1963, which creates the Order of Architects Regulations of December 16th,
1983 of ethics established by national Council in the Order of Architects (Approved by Article 1st of A.R. of April 18th, 1985, M.B., May 8th, 1985).
45
Reservation No. 3 - Professional services (health related and retail of pharmaceuticals)
Sector â sub-sector:
Industry classification:
Type of reservation:
Chapter Chapter/Section: Description:
Professional services â medical (including psychologists) and dental services; midwives, nurses, physiotherapists and paramedical personnel; veterinary services; retail sales of pharmaceutical, medical and orthopaedic goods and other services
provided by pharmacists
CPC 9312, 93191, 932, 63211
National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Local presence
Investment Liberalisation and Cross-Border Trade in Services
(a) Medical, dental, midwives, nurses, physiotherapists and para-medical services (CPC 852, 9312, 93191)
With respect to Investment liberalisation â National treatment, Most favoured nation
treatment and Cross-border trade in services â National treatment, Most favoured nation
treatment:
In IT: European Union nationality is required for the services provided by psychologists,
foreign professionals may be allowed to practice based on reciprocity (part of CPC 9312).
46
Measures:
IT: Law 56/1989 on the psychologist profession.
With respect to Investment liberalisation â National treatment and Cross-border trade in
services âNational treatment, Local presence:
In CY: Cypriot nationality and residency condition applies for the provision of medical (including psychologists), dental, midwives, nurses, physiotherapists and para-medical
services.
Measures:
CY: Registration of Doctors Law (Chapter 250) as amended; Registration of Dentists Law (Chapter 249) as amended; Law 75(D/2013 - Podologists;
Law 33(D/2008 as amended- Medical Physics;
Law 34(D/2006 as amended - Occupational Therapists; Law 9(1D/1996 as amended - Dental Technicians;
Law 68(D/1995 as amended - Psychologists;
Law 16(D/1992 as amended - Opticians;