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) Health services â hospital, ambulance, residential health services (CPC 93, 931, other
than 9312, part of 93191, 9311, 93192, 93193, 93199)
With respect to Investment liberalisation - National treatment, Performance requirements, Senior
management and boards of directors:
The EU: For the supply of all health services which receive public funding or State support in any
form.
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The EU: For all privately funded health services, other than privately funded hospital, ambulance,
and residential health facilities services other than hospital services.
This reservation does not relate to the supply of all health-related professional services, including the services supplied by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931 other than 9312, part of 93191).
In AT, PL and SI: The supply of privately funded ambulance services (CPC 93192).
In BE: the establishment of privately funded ambulance and residential health facilities services other than hospital services (CPC 93192, 93193).
In BG, CY, CZ, FI, MT and SK: The supply of privately-funded hospital, ambulance, and residential health services other than hospital services (CPC 9311, 93192, 93193).
In FI: Supply of other human health services (CPC 93199).
Existing measures:
CZ: Act No. 372/2011 Coll. on Health Care Services and Conditions of Their Provision.
FI: Laki yksityisesta terveydenhuollosta (Act on Private Health Care) (152/1990).
With respect to Investment liberalisation âNational treatment, Most-favoured nation treatment,
Senior management and boards of directors, Performance requirements:
In DE: The supply of the Social Security System of Germany, where services may be provided by different companies or entities involving competitive elements which are thus not "Services carried out exclusively in the exercise of governmental authority". To accord better treatment in the context
of a bilateral trade agreement with regard to the supply of health and social services (CPC 93).
With respect to Investment liberalisation â National treatment:
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In DE: The ownership of privately funded hospitals run by the German Forces.
To nationalise other key privately funded hospitals (CPC 93110).
In FR: To the supply of privately funded laboratory analysis and testing services.
With respect to Cross-border trade in services â National treatment:
In FR: The supply of privately funded laboratory analysis and testing services (part of CPC 9311).
Existing measures:
FR: Code de la Santé Publique
(b) Health and social services, including pension insurance
With respect to Cross-border trade in services â National treatment, Local presence:
The EU, with the exception of HU: The cross-border supply of health services, social services and activities or services forming part of a public retirement plan or statutory system of social security. This reservation does not relate to the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by other reservations (CPC 931 other than 9312, part of 93191).
In HU: The cross-border supply of all hospital, ambulance, and residential health services other than hospital services, which receive public funding (CPC 9311, 93192, 93193).
(©) Social services, including pension insurance
With respect to Investment liberalisation âNational treatment, Senior management and boards of
directors, Performance requirements:
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The EU: The supply of all social services which receive public funding or State support in any form and activities or services forming part of a public retirement plan or statutory system of social
security.
In BE, CY, DE, DK, EL, ES, FR, IE, IT and PT: The supply of privately funded social services
other than services relating to convalescent and rest houses and old people's homes.
In CZ, FI, HU, MT, PL, RO, SK, and SI: The supply of privately funded social services.
In DE: The Social Security System of Germany, where services are provided by different
companies or entities involving competitive elements and might therefore not fall under the
definition of the "Services carried out exclusively in the exercise of governmental authorityâ.
Existing measures:
FI: Laki yksityisisté sosiaalipalveluista (Private Social Services Act) (922/201 1).
TE: Health Act 2004 (S. 39); and Health Act 1970 (as amended â-S.61A).
IT: Law 833/1978 Institution of the public health system;
Legislative Decree 502/1992 Organisation and discipline of the health field; and Law 328/2000
Reform of social services.
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Reservation No. 17 - Tourism and travel related services
Sector: Tourist guides services, health and social services Industry classification: CPC 7472 Type of reservation: National treatment
Most-favoured-nation treatment
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:
With respect to Investment liberalisation âNational treatment and Cross-border trade in services â
National treatment:
In FR: To require nationality of a Member State for the supply of tourist guide services.
With respect to Investment liberalisation â Most-favoured-nation treatment and Cross-border trade
in services â Most-favoured-nation treatment:
In LT: In so far as Chile allows nationals of Lithuania to provide tourist guide services, Lithuania
will allow nationals of Chile to provide tourist guide services under the same conditions.
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Reservation No. 18 - Recreational, cultural and sporting services
Sector: Recreational, cultural and sporting services
Industry classification: CPC 962, 963, 9619, 964
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) Libraries, archives, museums and other cultural services (CPC963)
With respect to Investment liberalisation - National treatment, Performance requirements, Senior
management and boards of director, and Cross-border trade in services â National treatment,
Local presence:
The EU, with the exception of AT and, for investment liberalisation, in LT: The supply of library,
archive, museum and other cultural services.
In AT and LT: A licence or concession may be required for establishment.
(b) Entertainment services, theatre, live bands and circus services (CPC 9619, 964 other
than 96492) 53
With respect to Cross-border trade in services â National treatment:
The EU, with the exception of AT and SE: The cross-border supply of entertainment services,
including theatre, live bands, circus and discotheque services.
With respect to Investment liberalisation - National treatment, Performance requirements, Senior management and boards of director, and Cross-border trade in services â National treatment,
Local presence:
In CY, CZ, FI, MT, PL, RO, SI and SK: With respect to the supply of entertainment services,
including theatre, live bands, circus and discotheque services.
In BG: The supply of the following entertainment services: circus, amusement park and similar attraction services, ballroom, discotheque and dance instructor services, and other entertainment services.
In EE: The supply of other entertainment services except for cinema theatre services.
In LT and LV: The supply of all entertainment services other than cinema theatre operation
services.
In CY, CZ, LV, PL, RO and SK: The cross-border supply of sporting and other recreational
services.
(c) News and press agencies (CPC 962)
With respect to Investment liberalisation â National treatment, Most-favoured-nation treatment:
In FR: Foreign participation in existing companies publishing publications in the French language
may not exceed 20 per cent of the capital or of voting rights in the company. The establishment of
press agencies of Chile is subject to conditions set out in domestic regulation. The establishment of
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press agencies by foreign investors is subject to reciprocity.
Existing measures:
FR: Ordonnance n° 45-2646 du 2 novembre 1945 portant reglementation provisoire des agences de presse; and Loi n° 86-897 du 1 aofit 1986 portant réforme du régime juridique de la presse.
(d) Gambling and betting services (CPC 96492)
With respect to Investment liberalisation - National treatment, Performance requirements, Senior management and boards of director, and Cross-border trade in services â National treatment, Local presence:
The EU: The supply of gambling activities, which involve wagering a stake with pecuniary value in games of chance, including in particular lotteries, scratch cards, gambling services offered in
casinos, gambling arcades or licensed premises, betting services, bingo services and gambling
services operated by and for the benefit of charities or non-profit-making organisations.
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Reservation No. 19 - Transport services and auxiliary transport services
Sector: Transport services
Type of reservation:
National treatment
Most-favoured-nation 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) Maritime transport â any other commercial activity undertaken from a ship
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:
The EU: The nationality of the crew on a seagoing or non-seagoing vessel.
With respect to Investment liberalisation âNational treatment, Most-favoured nation treatment,
Senior management and boards of directors:
The EU, except LV and MT: Only EU natural or legal persons may register a vessel and operate a fleet under the national flag of the state of establishment (applies to all commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing;
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international passenger and freight transportation (CPC 721); and services auxiliary to maritime transport).
The EU: For feeder services, and for repositioning owned or leased containers on a non-revenue basis by EU shipping companies, for the part of these services which does not fall under the
exclusion of national maritime cabotage.
With respect to Cross-border trade in services â National treatment, Local presence:
In SK: Foreign investors must have their principal office in the Slovak Republic in order to apply
for a licence enabling them to provide a service (CPC 722).
(b) Auxiliary services to maritime transport
With respect to Investment liberalisation â National treatment, Senior management and boards of
directors and Cross-border trade in services â National treatment, Local presence:
The EU: The supply of pilotage and berthing services. For greater certainty, regardless of the criteria which may apply to the registration of ships in a Member State of the European Union, the European Union reserves the right to require that only ships registered on the national registers of Member States of the European Union may provide pilotage and berthing services (CPC 7452).
The EU, with the exception of LT and LV: Only vessels carrying the flag of a Member State of the European Union may provide pushing and towing services (CPC 7214).
With respect to Cross-border trade in services âNational treatment, Local presence:
In LT: Only juridical persons of Lithuania or juridical persons of a Member State of the European Union with branches in Lithuania that have a Certificate issued by the Lithuanian Maritime Safety Administration may provide pilotage and berthing, pushing and towing services (CPC 7214, 7452).
With respect to Cross-border trade in services National treatment, Local presence
In BE: Cargo handling services can only be operated by accredited workers, eligible to work in port