In FR: For exploration and prospecting services establishment is required. This requirement may be waived for scientific researchers, by decision of the Minister of scientific research, in agreement with the Minister of Foreign affairs.
Measures:
FR: Loi 46-942 du 7 mai 1946 and décret n°71-360 du 6 mai 1971.
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services âNational treatment, Local presence: In HR: Services of basic geological, geodetic and mining consulting as well as related
environmental protection consulting services in the territory of Croatia can be carried out only
jointly with or through domestic legal persons.
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Measures:
HR: Ordinance on requirements for issuing approvals to legal persons for performing
professional environmental protection activities (OG No.57/10), Arts. 32-35.
(@) Services incidental to agriculture (part of CPC 88)
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services â National treatment, Most-favoured-nation 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.
With respect to Investment liberalisation âMost-favoured-nation treatment and Cross-border
trade in services âMost-favoured-nation treatment:
In PT: The professions of biologist, chemical analyst and agronomist are reserved for natural persons. For third-country nationals, reciprocity regime applies in the case of engineers and technical engineers (and not a citizenship requirement). For biologists, there is not a
citizenship requirement nor a reciprocity requirement.
Measures:
PT: Decree Law 119/92 alterado p/ Lei 123/2015, 2 set. (Ordem Engenheiros); Law 47/2011 alterado p/ Lei 157/2015, 17 set. (Ordem dos Engenheiros Técnicos); and Decree Law 183/98 alterado p/ Lei 159/2015, 18 set. (Ordem dos Bidlogos).
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(g) Security Services (CPC 87302, 87303, 87304, 87305, 87309)
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services âNational treatment, Local presence:
In IT: Nationality of a Member State of the European Union and residency is required in order to obtain the necessary authorisation to supply security guard services and the transport of
valuables.
In PT: The provision of security services by a foreign supplier on a cross-border basis is not allowed.
A nationality requirement exists for specialised personnel.
Measures:
IT: Law on public security (TULPS) 773/1931, Articles 133-141; Royal Decree 635/1940, Article 257.
PT: Law 34/2013 alterada p/ Lei 46/2019, 16 maio; and Ordinance 273/2013 alterada p/ Portaria 106/2015, 13 abril.
With respect to Investment liberalisation â National treatment, Most-Favoured Nation
treatment and Cross-border trade in services â Local presence:
In DK: Residence requirement for individuals applying for an authorisation to provide
security services.
Residence is also required for managers and the majority of members of the board of a legal entity applying for an authorisation to conduct security services. However, residence for management and boards of directors is not required to the extent it follows from international
agreements or orders issued by the Minister for Justice.
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Measures:
DK: Lovbekendtggrelse 2016-01-11 nr. 112 om vagtvirksomhed.
With respect to Cross-border trade in services â Local presence:
In EE: Residency is required for security guards.
Measures:
EE: Turvaseadus (Security Act) § 21, § 22.
(h) Placement Services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209)
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services âNational treatment (applies to the regional level of government):
In BE: In all Regions in Belgium, a company having its head office outside the EEA has to demonstrate that it supplies placement services in its country of origin. In the Walloon Region, a specific type of legal entity (réguli¢rement constituée sous la forme d'une personne morale ayant une forme commerciale, soit au sens du droit belge, soit en vertu du droit d'un Etat membre ou régie par celui-ci, quelle que soit sa forme juridique) is required to supply placement services. A company having its head office outside the EEA has to demonstrate that it fulfils the conditions as set out in the Decree (for instance on the type of legal entity). In the German-speaking community, a company having its head office outside the EEA has to fulfil the admission criteria established by the mentioned Decree (CPC 87202).
Measures:
BE: Flemish Region: Article 8, § 3, Besluit van de Vlaamse Regering van 10 december 2010 tot uitvoering van het decreet betreffende de private arbeidsbemiddeling.
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Walloon Region: Décret du 3 avril 2009 relatif 4 l'enregistrement ou a l'agrément des agences de placement (Decree of 3 April 2009 on registration of placement agencies), Article 7; and Arrété du Gouvernement wallon du 10 décembre 2009 portant exécution du décret du 3 avril 2009 relatif l'enregistrement ou 4 l'agrément des agences de placement (Decision of the Walloon Government of 10 December 2009 implementing the Decree of 3 April 2009 on
registration of placement agencies), Article 4.
German-speaking community: Dekret iiber die Zulassung der Leiharbeitsvermittler und die Uberwachung der privaten Arbeitsvermittler / Décret du 11 mai 2009 relatif & l'agrément des
agences de travail intérimaire et 4 la surveillance des agences de placement privées, Article 6.
With respect to Investment liberalisation â National treatment and Cross-border trade in
services âNational treatment, Local presence:
In DE: Nationality of a Member State of the EEA or a commercial presence in the European Union is required in order to obtain a licence to operate as a temporary employment agency (pursuant to s. 3 paragraphs 3 to 5 of this Act on temporary agency work (Arbeitnehmeriiberlassungsgesetz). The Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of non-EEA personnel for specified professions e.g. for health and care related professions. The licence or its extension shall be refused if establishments, parts of establishments or ancillary establishments which are not located in the EEA are intended to execute the temporary employment (pursuant to
Sec. 3 paragraph 2 of the Act on temporary agency work (Arbeitnehmeriiberlassungsgesetz).
In ES: Prior to the start of the activity, placement agencies are required to submit a sworn statement certifying the fulfilment of the requirements stated by the current legislation (CPC 87201, 87202).
Measures:
DE: Gesetz zur Regelung der Arbeitnehmeriiberlassung (AUG); Sozialgesetzbuch Drittes Buch (SGB HI; Social Code, Book Three) - Employment Promotion; Verordnung iiber die Beschaftigung von Auslinderinnen und Auslandern (BeschV; Ordinance
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on the Employment of Foreigners).
ES: Real Decreto-ley 8/2014, de 4 de julio, de aprobacién de medidas urgentes para el
crecimiento, la competitividad y la eficiencia (tramitado como Ley 18/2014, de 15 de
octubre).
@ âTranslation and interpretation services (CPC 87905)
With respect to Investment liberalisation âNational treatment:
In BG: To carry out official translation activities foreign natural persons are required to hold a
permit for long-term, prolonged or permanent residency in the Republic of Bulgaria.
Measures:
BG: Regulation for the legalisation, certification and translation of documents.
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â National treatment:
In CY: Registration to the Register of Sworn Translators of the Council of Registration of
Sworn Translators is necessary for the provision of official translation and certification
services. Nationality requirement applies.
In HR: EEA nationality is required for certified translators.
Measures:
CY: The Registration and Regulation of Certified Translator Services Law of 2019 (45(D/2019) as amended..
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HR: Ordinance on permanent court interpreters (OG 88/2008), Article 2.
With respect to Cross-border trade in services âLocal presence:
In FI: Residency in the EEA is required for certified translators.
Measures:
FI: Laki auktorisoiduista kadntajista (Act on Authorised Translators) (1231/2007), s. 2(1)).
(j) Other business services (part of CPC 612, part of 621, part of 625, 87901, 87902, 88493, part of 893, part of 85990, 87909, ISIC 37)
With respect to Cross-border trade in services â Local presence:
In SE: Establishment is required for Pawn-shops (part of CPC 87909).
Measures:
SE: Pawn shop act (1995:1000).
With respect to Investment liberalisation âNational Treatment:
In PT: Nationality of a Member State is required for the provision of collection agency services and credit reporting services (CPC 87901, 87902).
Measures:
PT: Law 49/2004.
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With respect to Investment liberalisation âNational Treatment and Cross-border trade in
services â Local presence:
In CZ: Auction services are subject to licence. To obtain a licence (for the supply of voluntary public auctions), a company must be incorporated in the Czech Republic and a natural person is required to obtain a residency permit, and the company, or natural person must be registered in the Commercial Register of the Czech Republic (part of CPC 612, part of 621, part of 625, part of 85990).
Measures:
CZ: Act no.455/1991 Coll.; Trade Licence Act; and Act no. 26/2000 Coll., on public auctions.
With respect to Cross-border trade in services â Local presence:
In CZ: Only an authorised package company is allowed to supply services relating to packaging take-back and recovery and must be established as legal person (CPC 88493, ISIC 37).
Measures:
CZ: Act. 477/2001 Coll. (Packaging Act) paragraph 16.
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Reservation No. 7 - Construction Services
Sector â sub-sector: Construction and related engineering services
Industry classification: CPC 51
Type of reservation: National treatment
Chapter Chapter: Investment Liberalisation; Cross-border Trade In Services Level of Government: EU/Member State (unless Otherwise Specified) Description: In CY: Nationality Requirement.
Measure:
The Registration and Control of Contractors of Building and Technical Works Law of 2001 (29 (TD) / 2001), Articles 15 and 52.
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Reservation No. 8 - Distribution services
Sector â sub-sector: Distribution services â general, distribution of tobacco
Industry classification: | CPC 3546, part of 621, 6222, 631, part of 632
Type of reservation:
National treatment
Local presence Chapter: Investment liberalisation; Cross-Border trade in services Level of government: EU/Member State (unless otherwise specified)
Description:
(a) Distribution services (CPC 3546, 631, 632 except 63211, 63297, 62276, part of 621)
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services âNational treatment:
In CY: Nationality requirement exists for distribution services provided by pharmaceutical
representatives (CPC 62117).
Measures:
CY: Law 74(1) 2020 as amended.
With respect to Cross-border trade in services â Local presence:
In LT: The distribution of pyrotechnics is subject to licensing. Only legal persons of the Union may obtain a licence (CPC 3546).
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Measures:
LT: Law on Supervision of Civil Pyrotechnics Circulation (23 March 2004. No. IX-2074).
(b) Distribution of tobacco (part of CPC 6222, 62228, part of 6310, 63108)
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services âNational treatment:
In ES: Establishment is subject to a Member State nationality requirement. Only natural
persons may operate as a tobacconist. Each tobacconist cannot obtain more than one license
(CPC 63108).
In FR: Nationality requirement for tobacconists (buraliste) (part of CPC 6222, part of 6310).
Measures:
ES: Law 14/2013 of 27 September 2014.
FR: Code général des impéts.
With respect to Investment liberalisation - MNational treatment and Cross-border trade in
services âNational treatment: