procurement by a Party or subsidies, in Article 123(6) and (7) of this Agreement.
Measures:
EU: All currently existing and all future Union research or innovation framework
programmes, including the Horizon 2020 Rules for Participation and regulations pertaining to
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Joint Technology Initiatives (JTIs), and the European Institute for Innovation and Technology
(EIT), as well as existing and future national, regional or local research programmes.
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Reservation No. 5 - Real estate services
Sector â sub-sector: Real estate services
Industry classification: CPC 821, 822
Type of reservation:
National treatment
Most-favoured nation treatment
Local presence Chapter: Investment liberalisation and Cross-border trade in services Level of government: EU/Member State (unless otherwise specified)
Description:
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services â National treatment, Local presence:
In CY: For the supply of real estate services, nationality and residency condition applies.
Measures:
CY: The Real Estate Agents Law 71(1)/2010 as amended.
With respect to Cross-border trade in services â Local presence:
In CZ: Residency for natural persons and establishment for legal persons in the Czech
Republic are required to obtain the licence necessary for the provision of real estate services.
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In HR: Commercial presence in EEA is required to supply real estate services.
In PT: EEA residency is required for natural persons. EEA incorporation is required for legal
persons.
Measures:
CZ: Trade Licensing Act.
HR: Real Estate Brokerage Act (OG 107/07 and 144/12), Article 2.
PT: Decree-Law 211/2004 (Articles 3 and 25), as amended and republished by Decree-Law 69/2011.
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â Local presence:
In DK: For the supply of real estate services by a natural person present in the territory of Denmark, only authorised real estate agent who are natural persons that have been admitted to the Danish Business Authority's real estate agent register may use the title of "real estate agent". The act requires that the applicant be a Danish resident or a resident of the Union, EEA or the Swiss Confederation.
The Act on the sale of real estate is only applicable when providing real estate services to consumers. The Act on the sale of real estate does not apply to the leasing of real estate (CPC 822).
Measures:
DK: Lov om formidling af fast ejendom m.v. lov. nr. 526 af 28.05.2014 (The Act on the sale of real estate).
With respect to Cross-border trade in services âNational treatment, Most-favoured-nation
treatment:
In SI: In so far as Chile allows Slovenian nationals and enterprises to supply real estate agent services, Slovenia will allow nationals of Chile and enterprises to supply real estate agent services under the same conditions, in addition to the fulfilment of the following requirements: entitlement to act as a real estate agent in the country of origin, submission of the relevant document on impunity in criminal procedures, and inscription into the registry of
real estate agents at the competent (Slovenian) ministry.
Measures:
SI Real Estate Agencies Act.
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Reservation No. 6 - Business services
Sector â sub-sector:
Industry classification:
Type of reservation:
Chapter Chapter: Level of Government:
Description:
Business services - rental or leasing services without operators; services related to management consulting; technical testing and analyses; related scientific and technical consulting services; services incidental to agriculture; security services; placement services; translation and interpretation services and other business services
ISIC Rev. 37, part of CPC 612, part of 621, part of 625, 831, part
of 85990, 86602, 8675, 8676, 87201, 87202, 87203, 87204, 87205, 87206, 87209, 87901, 87902, 87909, 88, part of 893
National treatment
Most-favoured nation treatment
Senior management and boards of directors
Local presence
Investment liberalisation and Cross-border trade in services
EU/Member State (unless otherwise specified)
(a) Rental or leasing services without operators (CPC 83103, CPC 831)
With respect to Investment liberalisation âNational treatment:
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In SE: To fly the Swedish flag, proof of dominating Swedish operating influence must be shown in case of foreign ownership interests in ships. Dominating Swedish operating influence means that the operation of the ship is located in Sweden and that the ship also has a more than half of the shares of either Swedish ownership or ownership of persons in another EEA country. Other foreign ships may under certain conditions be granted an exemption from this rule where they are rented or leased by Swedish legal persons through bareboat charter contracts (CPC 83103).
Measures:
SE: Sjélagen (Maritime Law) (1994:1009), Chapter 1, § 1.
With respect to Cross-border trade in services â Local presence:
In SE: Suppliers of rental or leasing services of cars and certain off-road vehicles
(terran gmotorfordon) without a driver, rented or leased for a period of less than one year, are obliged to appoint someone to be responsible for ensuring, among other things, that the business is conducted in accordance with applicable rules and regulations and that the road traffic safety rules are followed. The responsible person must reside in the EEA (CPC 831). Measures:
SE: Lag (1998: 492) om biluthyrning (Act on renting and leasing cars).
(b) Rental or leasing services and other business services related to aviation
With respect to Investment liberalisation - National treatment, Most-favoured nation treatment, and Cross-border trade in services - National treatment, Most-favoured-nation treatment:
The EU: For rental or leasing of aircraft without crew (dry lease), aircraft used by an air
carrier of the Union are subject to applicable aircraft registration requirements. A dry lease
agreement to which a Union carrier is a party shall be subject to requirements in the Union or
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national law on aviation safety, such as prior approval and other conditions applicable to the use of third countriesâ registered aircraft. To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by enterprises meeting
specific criteria regarding ownership of capital and control (CPC 83104).
With respect to computer reservation system (CRS) services, where Union air carriers are not accorded, by CRS services suppliers operating outside the Union, equivalent (meaning non- discriminatory) treatment to the treatment provided by Union CRS service suppliers to air carriers of a third country in the Union, or where Union CRS services suppliers are not accorded, by non-Union air carriers, equivalent treatment to the treatment provided by air carriers in the Union to CRS service suppliers of a third country, measures may be taken to accord the equivalent discriminatory treatment, respectively, to the non-Union air carriers by the CRS services suppliers operating in the Union, or to the non-Union CRS services
suppliers by Union air carriers. Measures:
EU: Regulation (EC) No 1008/2008 of the European Parliament and of the Council®; and Regulation (EC) No 80/2009 of the European Parliament and of the Councilâ,
With respect to Investment liberalisation - National treatment and Cross-border trade in
services - National treatment
In BE: Private (civil) aircraft belonging to natural persons who are not nationals of a member state of the EEA may only be registered if they are domiciled or resident in Belgium without interruption for at least one year. Private (civil) aircraft belonging to foreign legal entities not formed in accordance with the law of a member state of the EEA may only be registered if they have a seat of operations, an agency or an office in Belgium without interruption for at least one year (CPC 83104).
é Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293 31.10.2008, p. 3).
7 Regulation (EC) No 80/2009 of the European Parliament and of the Council of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89 (OJ L 35, 4.2.2009, p. 47).
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Measures:
BE: Arrété Royal du 15 mars 1954 réglementant la navigation aérienne.
(c) Services related to management consulting â arbitration and conciliation services (CPC 86602)
With respect to Cross-border trade in services âNational treatment, Local presence:
In BG: For mediation, permanent or long-term residency in the republic of Bulgaria is required for citizens of countries other than a member state of the EEA or the Swiss Confederation.
In HU: An authorisation, by means of admission into the register, by the minister in charge of the juridical system is required for the pursuit of mediation (such as arbitration and conciliation) activities which may only be granted to legal or natural persons that are established in or resident in Hungary.
Measures:
BG: Mediation Act, Art. 8."
HU: Act LV of 2002 on Mediation.
(d)_ Technical testing and analysis services (CPC 8676)
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services âNational treatment:
In CY: The provision of services by chemists and biologists requires nationality of a Member
State.
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In FR: The professions of biologist are reserved for natural persons, EEA nationality required.
Measures:
CY: Registration of Chemists Law of 1988 (Law 157/1988), as amended.
FR: Code de la Santé Publique.
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services â Local presence:
In BG: Establishment in Bulgaria according to the Bulgarian Commercial Act and registration
in the Commercial register is required for provision of technical testing and analysis services.
For the periodical inspection for proof of technical condition of road transport vehicles, the person should be registered in accordance with the Bulgarian Commercial Act or the Non-
Profit Legal Persons Act, or else be registered in another Member State of the EEA.
The testing and analysis of the composition and purity of air and water may be conducted only by the Ministry of Environment and Water of Bulgaria, or its agencies in co-operation
with the Bulgarian Academy of Sciences.
Measures:
BG: Technical Requirements towards Products Act;
Measurement Act;
Clean Ambient Air Act; and
Water Act, Ordinance N-32 for the periodical inspection for proof of technical condition of
road transport vehicles.
With respect to Investment liberalisation â National treatment, Most-favoured-nation
treatment and Cross-border trade in services âNational treatment, Most-favoured-nation
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treatment, Local presence:
In IT: For biologists, chemical analysts, agronomists and "periti agrari", residency and enrolment in the professional register are required. Third country nationals can enrol under
condition of reciprocity.
Measures:
IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal Decree 842/1928 on the profession of chemical analysts.
(e) Related scientific and technical consulting services (CPC 8675)
With respect to Investment liberalisation â National treatment, Most-favoured nation treatment and Cross-border trade in services âNational treatment, Most-favoured-nation
treatment, Local presence:
In IT: Residency or professional domicile in Italy is required for enrolment in the geologistsâ register, which is necessary for the practice of the professions of surveyor or geologist in order to provide services relating to the exploration and the operation of mines, etc. Nationality of a Member State is required; however, foreigners may enrol under condition of
reciprocity.
Measures:
IT: Geologists: Law 112/1963, Articles 2 and 5; D.P.R. 1403/1965, Article 1.
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services â National treatment, Local presence:
In BG: For natural persons, nationality and residency of a Member State of the EEA or the Swiss Confederation is required in order to execute functions pertinent to geodesy,
cartography and cadastral surveying. For legal entities, trade registration under the legislation
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of a Member State of the EEA or the Swiss Confederation is required.
Measures:
BG: Cadastre and Property Register Act; and Geodesy and Cartography Act.
With respect to Investment liberalisation â National Treatment and Cross-border trade in
services â National treatment:
In CY: Nationality requirement applies for the provision of relevant services.
Measures:
CY: Law 224/1990 as amended.
With respect to Investment liberalisation â-National treatment and Cross-border trade in
services â National treatment, Local presence: