in services â Most-favoured-nation treatment:
The EU: According differential treatment to a third country pursuant to any international investment
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treaties or other trade agreement in force or signed prior to the date of entry into force of this
Agreement.
The EU: According differential treatment to a third country pursuant to any existing or future bilateral or multilateral agreement which:
Gi) creates an internal market in services and investment;
Gi) grants the right of establishment; or
(iii) requires the approximation of legislation in one or more economic sectors.
An internal market in services and investment means an area without internal frontiers in which the
free movement of services, capital and persons is ensured.
The right of establishment means an obligation to abolish in substance all barriers to establishment among the parties to the bilateral or multilateral agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the bilateral or multilateral agreement to set up and operate enterprises under the same conditions provided for
nationals under the law of the Party where such establishment takes place. The approximation of legislation means: @) __ the alignment of the legislation of one or more of the parties to the bilateral or multilateral agreement with the legislation of the other Party or parties to that
agreement; or
Gi) the incorporation of common legislation into the law of the parties to the bilateral or
multilateral agreement. Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at
such time that it has been enacted in the law of the Party or parties to the bilateral or multilateral
agreement.
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Existing measures:
EU: Agreement on the European Economic Area; Stabilisation Agreements; EU-Swiss Confederation bilateral agreements; and
Deep and Comprehensive Free Trade Agreements.
The EU: According differential treatment relating to the right of establishment to nationals or enterprises through existing or future bilateral agreements between the following Member States: BE, DE, DK, EL, ES, FR, IE, IT, LU, NL, PT and any of the following countries or principalities: Andorra, Monaco, San Marino and the Vatican City State.
In DK, FI, SE: Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic
cooperation, such as:
@) _ financial support to research and development (R&D) projects (the Nordic Industrial Fund);
Gi) funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and
Gii) financial assistance to companies utilizing environmental technology (the Nordic Environment Finance Corporation). The purpose of the Nordic Environment Finance Corporation (NEFCO) is to promote investments of Nordic environmental interest, with
a focus on Eastern Europe.
This reservation is without prejudice to the exclusion of procurement by a Party or subsidies in Article 123(6) and (7) of this Agreement.
In PL: Preferential conditions for establishment or the cross-border supply of services, which may include the elimination or amendment of certain restrictions embodied in the list of reservations
applicable in Poland, may be extended through commerce and navigation treaties.
In PT: Waiving nationality requirements for the exercise of certain activities and professions by
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natural persons supplying services for countries in which Portuguese is the official language (Angola, Brazil, Cape Verde, Guinea-Bissau, Equatorial Guinea, Mozambique, SAo Tomé &
Principe, and East Timor).
(e) Arms, munition and war material
With respect to Investment liberalisationâ National treatment, Most-favoured nation treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services â National treatment, Most-favoured-nation treatment, Local presence:
In EU: Production or distribution of, or trade in, arms, munitions and war material. War material is
limited to any product which is solely intended and made for military use in connection with the
conduct of war or defence activities.
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Reservation No. 2 - Professional services - other than health related services
Sector: Professional services - legal services: services of notaries and by bailiffs; accounting and bookkeeping services; auditing services, taxation advisory services; architecture and urban planning services,
engineering services, and integrated engineering services
Industry classification: Part of CPC 861, part of 87902, 862, 863, 8671, 8672, 8673, 8674, part of 879 Type of reservation: National treatment
Most-favoured-nation treatment
Senior management and board of directors
Chapter Chapter: Investment Liberalisation and Cross-border Trade In Services Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Legal services
With respect to Investment liberalisation â National treatment, Senior management and boards of
directors and Cross-border trade in services â National treatment:
The EU, with the exception of SE: The supply of legal advisory and legal authorisation, documentation, and certification services provided by legal professionals entrusted with public functions, such as notaries, "huissiers de justice" or other "officiers publics et ministériels", and with respect to services provided by bailiffs who are appointed by an official act of government (part of CPC 861, part of 87902).
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With respect to Investment liberalisation â Most-favoured-nation treatment and Cross-border trade
in services â Most-favoured-nation treatment:
In BG: Full national treatment on the establishment and operation of companies, as well as on the supply of services, may be extended only to companies established in, and citizens of, the countries
with whom preferential arrangements have been or will be concluded (part of CPC 861).
In LT: Attorneys from foreign countries can participate as advocates in court only in accordance with international agreements (part of CPC 861), including specific provisions regarding legal
representation before courts.
(b) Auditing services (CPC â 86211, 86212 other than accounting and bookkeeping services)
With respect to Cross-border trade in services - National treatment:
In BG: An independent financial audit shall be implemented by registered auditors who are members of the Institute of the Certified Public Accountants. Subject to reciprocity, the Institute of the Certified Public Accountants shall register an audit entity of Chile or of a third country upon the latter furnishing proof that:
(i) _ three-fourths of the members of the management bodies and the registered auditors carrying out audit on behalf of the entity meet requirements equivalent to those for
Bulgarian auditors and have passed successfully the examinations for it;
Gi) the audit entity carries out independent financial audit in accordance with the
requirements for independence and objectivity; and
Gii) the audit entity publishes on its website an annual transparency report or performs other
equivalent requirements for disclosure in case it audits public-interest entities.
Existing Measures:
BG: Independent Financial Audit Act. 18
With respect to Investment liberalisation â National treatment, Senior management and boards of
directors:
In CZ: Only a legal person in which at least 60 per cent of capital interests or voting rights are reserved to nationals of the Czech Republic or of the Member States of the European Union is authorised to carry out audits in the Czech Republic.
Existing Measures:
CZ: Law of 14 April 2009 no. 93/2009 Coll., on Auditors, as amended.
(c) Architecture and urban planning services (CPC 8674)
With respect to Cross-border trade in services â , National treatment:
In HR: The cross-border supply of urban planning.
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Reservation No. 3 - Professional services â health related and retail of pharmaceuticals
Sector: Health related professional services and retail sales of pharmaceutical,
medical and orthopaedic goods, other services provided by pharmacists
Industry classification: CPC 63211, 85201, 9312, 9319, 93121
Type of reservation:
National treatment
Senior management and board of directors
Performance requirements
Local presence
Chapter Chapter: Investment Liberalisation and Cross-border Trade In Services Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Medical and dental services; services provided by midwives, nurses, physiotherapists, psychologists and paramedical personnel (CPC 63211, 85201, 9312, 9319, CPC 932)
With respect to Investment liberalisation âNational treatment, Senior management and boards of
directors and Cross-border trade in services â National treatment:
In FI: The supply of all health-related professional services, whether publicly or privately funded, including medical and dental services, services provided by midwives, physiotherapists and paramedical personnel and services provided by psychologists, excluding services provided by nurses (CPC 9312, 93191).
Existing measures:
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FI: Laki yksityisesta terveydenhuollosta (Act on Private Health Care) (152/1990).
In BG: The supply of all health-related professional services, whether publicly or privately funded, including medical and dental services, services provided by nurses, midwives, physiotherapists and
paramedical personnel and services provided by psychologists (CPC 9312, part of 9319).
Existing Measures:
BG: Law for Medical Establishment, Professional Organisation of Medical Nurses, Midwives and Associated Medical Specialists Guild Act.
With respect to Investment liberalisation â National treatment and Cross-border trade in services â
National treatment:
In CZ, MT: The supply of all health-related professional services, whether publicly or privately funded, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, psychologists, as well as other related services (CPC 9312, part of 9319).
Existing Measures:
CZ: Act No 296/2008 Coll., on Safeguarding the Quality and Safety of Human Tissues and
Cells Intended for Use in Man ("Act on Human Tissues and Cells");
Act No 378/2007 Coll., on Pharmaceuticals and on Amendments to Some Related Acts (Act on Pharmaceuticals);
Act No. 268/2014 Coll. on medical devices and amending Act No 634/2004 Coll. on administrative fees, as subsequently amended;
Act No. 285/2002 Coll., on the Donating, Taking and Transplanting of Tissues and Organs and on Amendment to Certain Acts (Transplantation Act).
Act No. 372/2011 Coll., on health services and on conditions of their provision
Act No. 373/2011 Coll. on specific health services).
With respect to Cross-border trade in services â National treatment, Local presence:
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The EU, with the exception of NL and SE: The supply of all health-related professional services, whether publicly or privately funded, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, requires residency. These services may only be provided by natural persons physically present in the territory of the European Union (CPC 9312, part of 93191).
In BE: The cross-border supply whether publicly or privately funded of all health-related professional services, including medical, dental and midwives services and services provided by nurses, physiotherapists, psychologists and paramedical personnel. (part of CPC 85201, 9312, part
of 93191).
With respect to Cross-border trade in services â National treatment, Most-favoured nation
treatment:
In PT: Concerning the professions of physiotherapists, paramedical personnel and podiatrists,
foreign professionals may be allowed to practice based on reciprocity.
(b) Veterinary services (CPC 932)
With respect to Investment liberalisation â National treatment and Cross-border trade in services â
National treatment, Local presence:
In BG: A veterinary medical establishment may be established by a natural or a legal person. The practice of veterinary medicine is only allowed for nationals of the EEA and for permanent residents (physical presence is required for permanent residents).
With respect to Cross-border trade in services â National treatment:
In BE, LV: Cross-border supply of veterinary services.
(c) Retail sales of pharmaceutical, medical and orthopaedic goods, other services provided 22
by pharmacists (CPC 63211) With respect to Cross-border trade in services â Local presence: The EU, with the exception of BE, BG, EE, ES, IE and IT: Mail order is only possible from Member States of the EEA, thus establishment in any of those countries is required for the retail of pharmaceuticals and specific medical goods to the general public in the Union.
In CZ: Retail sales are only possible from Member States.
In BE: The retail sales of pharmaceuticals and specific medical goods are only possible from a pharmacy established in Belgium.
In BG, EE, ES, IT and LT: Cross-border retail sales of pharmaceuticals.
In IE and LT: Cross-border retail of pharmaceuticals requiring a prescription.
In PL: Intermediaries in the trade of medicinal products must be registered and have a place of
residence or registered office in the territory of the Republic of Poland.
With respect to Investment liberalisation â National treatment, Senior management and boards of
directors, Performance requirements and Cross-border trade in services â National treatment:
In FI: Retail sales of pharmaceutical products and of medical and orthopaedic goods.
With respect to Investment liberalisation â National treatment, Senior management and boards of
directors and Cross-border trade in services â National treatment:
In SE: Retail sales of pharmaceutical goods and the supply of pharmaceutical goods to the general public.
Existing measures:
AT: Arzneimittel gesetz (Medication Act), BGB1. Nr. 185/1983 as amended, §§ 57, 59, 59a; and
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Medizinproduktegesetz (Medical Products Law), BGB1. Nr. 657/1996 as amended, § 99.
BE: Arrété royal du 21 janvier 2009 portant instructions pour les pharmaciens; and Arrété royal du
10 novembre 1967 relatif l'exercice des professions des soins de santé.
CZ: Act No. 378/2007 Coll., on Pharmaceuticals, as amended; and Act No. 372/2011 Coll., on