With respect to Investment liberalisation â National treatment[, Senior management and
boards of directors]:
In CY: Establishment [and operation] of press agencies/sub-agencies in the Republic is granted only to citizens of the Republic or EU citizens or to legal entities governed by citizens of the Republic or EU citizens.
Measures:
CY: Press Law (N.145/89) as amended
(b) Other sporting services (CPC 96419)
With respect to Investment liberalisation â National treatment, Senior management and
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boards of directors and Cross-border trade in services âNational treatment:
In AT (applies to the regional level of government): The operation of ski schools and mountain guide services is governed by the laws of the Bundesliinder. The provision of these services may require nationality of a Member State of the EEA. Enterprises may be required to appoint a managing director who is a national of a Member State of the EEA.
With respect to Investment liberalisation â National treatment and Cross-border trade in
services âNational treatment:
In CY: Nationality requirement for the establishment of a dance school and nationality requirement for physical instructors.
Measures:
AT: Karntner Schischulgesetz, LGBL. Nr. 53/97;
K&rntner Berg- und Schifiihrergesetz, LGBL. Nr. 25/98;
NO- Sportgesetz, LGBL. Nr. 5710;
OO- Sportgesetz, LGBI. Nr. 93/1997;
Salzburger Schischul- und Snowboardschulgesetz, LGBL. Nr. 83/89; Salzburger Bergfiihrergesetz, LGBL. Nr. 76/81;
Steiermarkisches Schischulgesetz, LGBL. Nr.58/97; Steiermarkisches Berg- und Schifiihrergesetz, LGBL. Nr. 53/76; Tiroler Schischulgesetz. LGBL. Nr. 15/95;
Tiroler Bergsportfiihrergesetz, LGBL. Nr. 7/98;
Vorarlberger Schischulgesetz, LGBL. Nr. 55/02 §4 (2)a; Vorarlberger Bergfiihrergesetz, LGBL. Nr. 54/02; and
Wien: Gesetz tiber die Unterweisung in Wintersportarten, LGBL. Nr. 37/02.
CY: Law 65(D/1997 as amended; and Law 17(D /1995 as amended.
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Reservation No. 14 - Transport services and services auxiliary to transport services
Sector â sub-sector:
Industry classification:
Type of reservation:
Chapter Chapter: Level of Government:
Description:
Transport services - fishing and water transportation â any other commercial activity undertaken from a ship; water transportation and auxiliary services for water transport; rail transport and auxiliary services to rail transport; road transport and services auxiliary to road transport; services auxiliary to air transport
services
ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 711, 712, 721, 741,
742, 743, 744, 745, 748, 749, 7461, 7469, 83103, 86751, 86754,
8730, 882
National treatment
Most-favoured-nation treatment
Senior management and boards of directors
Local presence
Investment liberalisation; Cross-border trade in services
EU/Member State (unless otherwise specified)
(a) Maritime transport and auxiliary services for maritime transport. Any commercial activity undertaken from a ship (ISIC Rev. 3.1 0501, 0502; CPC 5133, 5223, 721, Part of 742, 745, 74540, 74520, 74590, 882)
With respect to Investment liberalisation âNational treatment, Senior management and
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boards of directors; Cross-border trade in services âNational treatment:
In BG: The carriage and any activities related to hydraulic-engineering and underwater technical works, prospecting and extraction of mineral and other inorganic resources, pilotage, bunkering, receipt of waste, water-and-oil mixtures and other such, performed by vessels in the internal waters, and the territorial sea of Bulgaria, may only be performed by vessels flying the Bulgarian flag or vessels flying the flag of another Member State.
Nationality requirement for supporting services. The master and the chief engineer of the vessel shall mandatorily be nationals of a Member State of the EEA, or of the Swiss Confederation. (ISIC Rev. 3.1 0501, 0502, CPC 5133, 5223, 721, 74520, 74540, 74590, 882).
Measures:
BG: Merchant Shipping Code; Law For the Sea Water, Inland Waterways and Ports of the Republic of Bulgaria; Ordinance for the condition and order for selection of Bulgarian carriers for carriage of passengers and cargoes under international treaties; and Ordinance 3 for
servicing of unmanned vessels.
With respect to Cross-border trade in services â Local presence:
In DK: Pilotage-providers may only conduct pilotage service in Denmark, if they are domiciled in the EEA and registered and approved by the Danish Authorities in accordance with the Danish Act on Pilotage (CPC 74520).
Measures:
DK: Danish Pilotage Act, $18.
With respect to Investment liberalisation - National treatment, Most-favoured nation
treatment and Cross-border trade in services - National treatment, Most-favoured-nation
treatment:
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In DE (applies also to the regional level of government): A vessel that does not belong to a national of a Member State may only be used for activities other than transport and auxiliary services in the German federal waterways after specific authorisation. Waivers for non- European Union vessels may only be granted if no European Union vessels are available or if they are available under very unfavourable conditions, or on the basis of reciprocity. Waivers for vessels flying under Chilean flag may be granted on the basis of reciprocity (§ 2 paragraph 3 KuSchVO). All activities falling within the scope of the pilot law are regulated and accreditation is restricted to nationals of the EEA or the Swiss Confederation. Provision and Operation of facilities for pilotage is restricted to public authorities or companies, which are
designated by them.
For rental or leasing of seagoing vessels with or without operators, and for rental or leasing without operator of non-seagoing vessels, the conclusion of contracts for freight transport by ships flying a foreign flag or the chartering of such vessels may be restricted, depending on the availability of ships flying under the German flag or the flag of another Member State.
Transactions between residents and non-residents concerning:
G@) rental of inland waterway transport vessels, which are not registered in the
economic area; Gi) transport of freight with such inland waterway transport vessels; or (ii) towing services by such inland waterway transport vessels, within the economic area may be restricted (Water transport, Supporting services for water transport, Rental of ships, Leasing services of ships without operators (CPC 721, 745, 83103, 86751, 86754, 8730)).
Measures:
DE: Gesetz iiber das Flaggenrecht der Seeschiffe und die Flaggenfiihrung der Binnenschiffe (Flaggenrechtsgesetz; Flag Protection Act);
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Verordnung iiber die Kiistenschifffahrt (KiSchV);
Gesetz tiber die Aufgaben des Bundes auf dem Gebiet der Binnenschiffahrt (Binnenschiffahrtsaufgabengesetz - BinSchAufgG);
Verordnung iiber Befaéhigungszeugnisse in der Binnenschiffahrt (Binnenschifferpatentverordnung - BinSchPatentV);
Gesetz tiber das Seelotswesen (Seelotsgesetz - SeeLG);
Gesetz tiber die Aufgaben des Bundes auf dem Gebiet der Seeschiffahrt (Seeaufgabengesetz - SeeAufgG); and
Verordnung zur Eigensicherung von Seeschiffen zur Abwehr auBerer Gefahren (See-
Eigensicherungsverordnung - SeeEigensichV).
With respect to Investment liberalisation -National treatment and Cross-border trade in
services - National treatment:
In FI: Supporting services for maritime transport when provided in Finnish maritime waters
are reserved to fleets operating under the national, Union or Norwegian flag (CPC 745).
Measures:
FI: Merilaki (Maritime Act) (674/1994); and
Laki elinkeinon harjoittamisen oikeudesta (Act on the Right to Carry on a Trade) (122/1919),
s.4.
(b) Rail transport and auxiliary services to rail transport (CPC 711, 743)
With respect to Investment liberalisation - National treatment, and Cross-border trade in
services - National treatment, Local presence: In BG: Only nationals of a Member State may provide rail transport or supporting services for
rail transport in Bulgaria. A licence to carry out passenger or freight transportation by rail is issued by the Minister of Transport to railway operators registered as traders (CPC 711, 743).
96
Measures:
BG: Law for Railway Transport, Articles. 37, 48.
(©) Road transport and services auxiliary to road transport (CPC 712, 7121, 7122, 71222, 7123)
With respect to Investment liberalisation - National treatment, Most-favoured-nation
treatment, and Cross-border trade in services - National treatment, Local presence:
In AT (with respect also to Most-favoured-nation treatment): For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of the Contracting Parties of the EEA and to legal persons of the Union having their headquarters in Austria. Licences are granted on nonâ discriminatory terms, under condition of reciprocity (CPC 712).
Measures:
AT: Giiterbeférderungsgesetz (Goods Transportation Act), BGBIL. Nr. 593/1995; § 5; Gelegenheitsverkehrsgesetz (Occasional Traffic Act), BGB1. Nr. 112/1996; § 6; and Kraftfahrliniengesetz (Law on Scheduled Transport), BGB1. I Nr. 203/1999 as amended, §§ 7 and 8.
With respect to Investment liberalisation - National treatment, Most-favoured-nation
treatment:
In EL: For operators of road freight transport services. In order to engage in the occupation of road freight transport operator a Hellenic licence is needed. Licences are granted on nonâ
discriminatory terms, under condition of reciprocity (CPC 7123).
Measures:
EL: Licensing of road freight transport operators: Greek law 3887/2010 (Government Gazette
97
Aâ 174), as amended by Article 5 of law 4038/2012 (Government Gazette Aâ 14).
With respect to Cross-border trade in services - Local presence:
In CZ: Establishment in the Czech Republic is required.
Measures:
CZ: Act no. 111/1994. Coll. on Road Transport.
With respect to Investment liberalisation - National treatment and Cross-border trade in
services - National treatment, Most-favoured-nation treatment:
In SE: In order to engage in the occupation of road transport operator, a Swedish licence is needed. Criteria for receiving a taxi licence include that the company has appointed a natural person to act as the transport manager (a de facto residency requirement â see the Swedish reservation on types of establishment).
Criteria for receiving a licence for other road transport operators require that the company be established in the European Union, have an establishment situated in Sweden and have appointed a natural person to act as the transport manager, who must be resident in the
European Union.
Measures:
SE: Yrkestrafiklag (2012:210) (Act on professional traffic);
YrkestrafikfSrordning (2012:237) (Government regulation on professional traffic); Taxitrafiklag (2012:211) (Act on Taxis); and
Taxitrafikférordning (2012:238) (Government regulation on taxis).
With respect to Cross-border trade in services â Local presence:
In SK: A taxi service concession and a permit for the operation of taxi dispatching can be
granted to a person who has a residence or place of establishment in the territory of the Slovak
98
Republic or in another EEA Member State. Measures:
Act 56/2012 Coll. on Road Transport
(d) Services auxiliary to air transport services
With respect to Investment liberalisation - National treatment, Most-favoured-nation treatment and Cross-border trade in services â National treatment, Most-favoured-nation
treatment:
In EU: For groundhandling services, establishment within the Union territory may be
required. Reciprocity is required. Measures: EU: Council Directive 96/67/EC of 15 October 19968.
In BE (applies also to the regional level of government): For groundhandling services,
reciprocity is required.
Measures:
BE: Arrété Royal du 6 novembre 2010 réglementant l'accés au marché de lâassistance en escale a l'aéroport de Bruxelles-National (Article 18);
Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de Vlaamse regionale luchthavens (Article 14); and
Arrété du Gouvernement wallon réglementant l'accés au marché de l'assistance en escale aux aéroports relevant de la Région wallonne (Article14).
(e) Supporting services for all modes of transport (part of CPC 748)
a Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ L 272, 25.10.1996, p.36). 99
With respect to Cross-border trade in services â Local presence:
The EU (applies also to the regional level of government): Customs clearance services may
only be provided by Union residents or legal persons established in the Union. Measures:
EU: Regulation (EU) No 952/2013 of the European Parliament and of the Council?
@) Provision of combined transport services With respect to Cross-border trade in services â Local presence:
The EU (applies also to the regional level of government): With the exception of FTI: only hauliers established in a Member State of the European Union who meet the conditions of access to the occupation and access to the market for transport of goods between Member States of the European Union may, in the context of a combined transport operation between Member States of the European Union, carry out initial or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the
crossing of a frontier. Limitations affecting any given modes of transport apply.
Necessary measures can be taken to ensure that the motor vehicle taxes applicable to road
vehicles routed in combined transport are reduced or reimbursed.
Measures: EU: Directive 1992/106/EEC of 7 December 1992 on the establishment of common rules for
certain types of combined transport of goods between Member States.
8 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code. 100
Reservation No. 15 â Mining and Energy related activities
Sector â sub-sector: