Sector: Supporting services for all modes of transport Sub-Sector: Customs clearance services Industry Classification: Part of CPC 748 Type of Reservation: National treatment Market access Level of Government: National Measures: General Customs Act (Algemene Douanewet) Description: Cross-Border Trade in Services The admittance of natural or juridical persons to act as customs representatives is subject to discretion by the inspector, as provided by articles 1(3) and 1(9) of the General Customs Act (Algemene Douanewet). Customs representatives who are not a resident of or established in the Netherlands are required to take up residence or establish a fixed location in the Netherlands, before they may perform activities as an admitted customs representative.
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Level of Government: National Measures: Advocatenwet (Act on Advocates) Description: Investment and Cross-Border Trade in Services Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts. To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Only locally-licensed lawyers may use the name or title ‘Advocaat’ according to articles 2(c), and 16(b), (c), (d) Advocatenwet (Act on Advocates). Only lawyers registered in the Dutch registry can use the title ‘advocaat’ . Instead of using the full term ‘advocaat’, (non-registered) foreign lawyers are obliged to mention their home country professional organisation for the purposes of their activities in the Netherlands.
Sector: Business services Sub-Sector: Hallmarking services Industry Classification: Part of CPC 893 Type of Reservation: Market access Level of Government: National Measures: Waarborgwet 1986 Description: Investment To provide hallmarking services, commercial presence in the Netherlands is required. The hallmarking of precious metal articles is currently exclusively granted to two Dutch public monopolies.
Sector: Health services Sub-Sector: Veterinary services Industry Classification: CPC 932 Type of Reservation: Market access Level of Government: National Measures: Wet op de uitoefening van de diergeneeskunde 1990 (WUD) Description: Cross-Border Trade in Services Access is restricted to natural persons.
Sector: Fishing, transport Sub-Sector: All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing Transport services (passengers and freight) by seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Obligations Level of Government: National Measures: Art. 311, paragraph 1.b of the Commercial Code (Wetboek van Koophandel) Description: Investment and International Maritime Transport Services The ownership of a Dutch registered seagoing vessel is only possible for: (a) natural persons with the nationality of a Member State of the EU, the EEA or the Swiss Confederation; (b) companies or legal entities under the law of a Member State of the EU, one of the countries, islands or areas as meant in Articles 349 and in paragraphs 1 through 4 and paragraph 5(c) of Article 355 of the Treaty on the Functioning of the European Union, or of a Member State of the EEA or the Swiss Confederation; and (c) natural persons or companies or legal entities other than above which can claim the European right of free establishment or settlement due to an agreement between the EU and a third country. The owner must have a principal office or a subsidiary in the Netherlands. One or more natural persons domiciled in the Netherlands must have the responsibility for the ship, captain, crew and related matters, and have the authority to decide and represent on behalf of the owner. It is not possible to register a seagoing ship that is already registered in a public register, either as a seagoing ship or as an inland navigation vessel, or in any similar foreign register. When making a request for a registration, the applicant shall elect a domicile within the Netherlands.
Sector: Energy Sub-Sector: Electricity distribution Transportation of natural gas Industry Classification: ISIC rev 3.1 040, CPC 71310 Type of Reservation: Market access Level of Government: National Measures: Elektriciteitswet 1998 Gaswet Description: Investment The ownership of the electricity network and the gas pipeline network are exclusively granted to the Dutch government (transmission systems) and other public authorities (distribution systems).
Sector: Mining and quarrying Sub-Sector: Extraction of crude petroleum and natural gas Industry Classification: ISIC rev 3.1 10, ISIC rev 3.1 11, ISIC rev 3.1 12, ISIC rev 3.1 13, ISIC rev 3.1 14 Type of Reservation: Market access Level of Government: National Measures: Mijnbouwwet (Mining Act) Description: Investment The exploration for and exploitation of hydrocarbons in the Netherlands is always performed jointly by a private company and the public (limited) company designated by the Minister of Economic Affairs. Articles 81 and 82 of the Mining Act stipulate that all shares in this designated company must be directly or indirectly held by the Dutch State.
Reservations applicable in Poland
Sector: All sectors Sub-Sector: Acquisition of real estate Industry Classification: Type of Reservation: National treatment Market access Level of Government: National Measures: Law of 24th March 1920 on the Acquisition of Real Estate by Foreigners (Journal of Laws of 2004 No. 167, item 1758 with later amendments) Description: Investment The acquisition of real estate, direct and indirect, by foreigners requires a permit. A permit is issued through an administrative decision by a minister competent in internal affairs, with the consent of the Minister of National Defence, and in the case of agricultural real estate, also with the consent of the Minister of Agriculture and Rural Development.
Sector: Publishing and printing Sub-Sector: Industry Classification: ISIC rev 3.1 221, ISIC rev 3.1 222 Type of Reservation: Senior management and boards of directors Level of Government: National Measures: Act of 26 January 1984 on Press law, Journal of Laws, No. 5, item 24, with subsequent amendments Description: Investment Nationality condition for the editor-in-chief of newspapers and journals.
Sector: All sectors Sub-Sector: Types of establishment Industry Classification: Type of Reservation: National treatment Market access Level of Government: National Measures: Act of 2 July 2004 on freedom of economic activity, arts. 13.3 and 95. 1 Description: Investment The scope of operations of a representative office may only encompass advertising and promotion of the foreign parent company represented by the office. For all sectors except legal services and services provided by healthcare units, non-EU investors may undertake and conduct economic activity only in the form of a limited partnership, limited joint-stock partnership, limited liability company, and joint-stock company, while domestic companies have access also to the forms of non-commercial partnership companies (general partnership and unlimited liability partnership).
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Level of Government: National Measures: Act of 5 July 2002 on the provision by foreign lawyers of legal assistance in the Republic of Poland, art. 19 Description: Investment and Cross-Border Trade in Services Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts. Foreign lawyers may establish only in the form of a registered partnership, a limited partnership, or a limited joint-stock partnership while domestic companies have access also to the forms of civil law partnership and professional partnership.
Sector: Business services Sub-Sector: Auditing services Industry Classification: CPC 86211, CPC 86212 other than accounting services Type of Reservation: Market access Level of Government: National Measures: Act of 7 May 2009 on statutory auditors, audit firms and on public oversight — Journal of Laws, No. 77, item 649, with subsequent amendments Description: Investment and Cross-Border Trade in Services Audit firms may be established only in certain Polish legal forms.
Sector: Health services Sub-Sector: Veterinary services Industry Classification: CPC 932 Type of Reservation: National treatment Level of Government: National Measures: Law of 21st December 1990 on the Profession of Veterinary Surgeon and Chambers of Veterinary Surgeons Description: Investment For the provision of veterinary services by a physical person present in the territory of Poland, only nationals of a Member State of the EU may provide veterinary services. Foreign persons may apply for permission to practice.
Sector: Business services Sub-Sector: Translation and interpretation services Industry Classification: CPC 87905 Type of Reservation: Market access Level of Government: National Measures: Act of 25 November 2004 on the profession of sworn translator or interpreter (Journal of Laws no 273 item 2702), art. 2.1 Description: Investment and Cross-Border Trade in Services Only natural persons may be sworn translators.
Sector: Financial services Sub-Sector: Insurance and insurance-related services Industry Classification: Type of Reservation: National treatment Market access Cross-border supply of financial services Level of Government: National Measures: Act on insurance activity of May 22, 2003 (Journal of Laws 2003, No. 124, item 1151) Act on insurance mediation of May 22, 2003 (Journal of Laws 2003, No. 124, item 1154), arts. 16 and 31 Description: Financial Services Local incorporation (no branches) required for insurance intermediaries.
Sector: Transport Sub-Sector: Supporting services for air transport Industry Classification: Part of CPC 742 Type of Reservation: National treatment Market access Level of Government: National Measures: Polish Aviation Law of 3 July 2002, Articles 174.2 and 174.3 Description: Investment For storage services of frozen or refrigerated goods and bulk storage services of liquids or gases at airports, the possibility to supply certain categories of services will depend on the size of the airport. The number of suppliers in each airport may be limited due to available space constraints, and to not less than two suppliers for other reasons. For airport operation services, foreign participation is limited to 49 per cent.
Sector: Energy Sub-Sector: Production, transmission and distribution of electricity Bulk storage services of liquids or gases Services incidental to energy distribution Wholesale or retail of electricity Industry Classification: ISIC rev 3.1 040, CPC 63297, CPC 74220, CPC 887 Type of Reservation: National treatment Market access Level of Government: National Measures: Energy Law Act of 10 April 1997, arts. 32 and 33 Description: Investment and Cross-Border Trade in Services The following activities are subject to licensing under the Energy Law Act: (a) the generation of fuels or energy, except for: generation of solid or gaseous fuels; generation of electricity using electricity sources of the total capacity of not more than 50 MW other than renewable energy sources; cogeneration of electricity and heat using sources of the total capacity of not more than five MW other than renewable energy sources; generation of heat using the sources of the total capacity of not more than five MW; (b) storage of gaseous fuels in storage installations, liquefaction of natural gas and regasification of liquefied natural gas at LNG installations, as well as the storage of liquid fuels, except for: the local storage of liquid gas at installations of the capacity of less than one MJ/s capacity and the storage of liquid fuels in retail trade; (c) the transmission or distribution of fuels or energy, except for: the distribution of gaseous fuels in grids of less than 1 MJ/s capacity and the transmission or distribution of heat if the total capacity ordered by customers does not exceed 5 MW; (d) the trade in fuels or energy, except for: the trade in solid fuels; the trade in electricity using installations of voltage lower than one kV owned by the customer; the trade in gaseous fuels if their annual turnover value does not exceed the equivalent of EUR 100 000 ; the trade in liquid gas, if the annual turnover value does not exceed EUR 10 000 ; and the trade in gaseous fuels and electricity performed on commodity exchanges by brokerage houses which conduct the brokerage activity on the exchange commodities on the basis of the Act of 26 October 2000 on commodity exchanges, as well as the trade in heat if the capacity ordered by the customers does not exceed five MW. The limits on turnover do not apply to wholesale trade services in gaseous fuels or liquid gas or to retail services of bottled gas. A licence may only be granted by the Competent Authority to an applicant that has registered their principal place of business or residence in the territory of a Member State of the EU, Member State of the EEA or the Swiss Confederation.
Reservations applicable in Portugal
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Most-favoured-nation treatment Level of Government: National Measures: Law 15/2005, arts. 203,194 PortugueseBarStatute (Estatuto da Ordem dos Advogados) and Decree-Law 229/2004, arts. 5, 7 — 9 Decree-Law 88/2003, arts. 77 and 102 Solicitadores Public Professional Association Statute (Estatuto da Câmara dos Solicitadores), as amended by Law 49/2004, by Law 14/2006 and by Decree-Law n.o 226/2008 Law 78/2001, arts. 31, 4. Regulation of family and labour mediation (Ordinance 282/2010) Law 21/2007 on criminal mediation, art. 12 Law 32/2004 (as modified by Decree-Law 282/2007 and Law 34/2009) on Insolvency administrator, arts. 3 and 5, among others Decree-Law 54/2004, art. 1 (Regime jurídico das sociedades de administradores de insolvência) Description: Investment and Cross-Border Trade in Services Full admission to the Bar is required for the practice of legal services, including representation before courts. Residency (commercial presence) is required in order to practice Portuguese law. The recognition of qualifications to practice Portuguese law is subject to a condition of reciprocity. To provide legal services, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis. Only law firms where the shares belong exclusively to lawyers admitted to the Portuguese Bar can practice in Portugal; access to the profession of ‘solicitadores’ is subject to a requirement of nationality of a Member State of the EU.
Sector: Business services Sub-Sector: Accounting services Auditing services Industry Classification: CPC 86211, CPC 86212, CPC 86213, CPC 86219 Type of Reservation: Market access Level of Government: National Measures: Decree-Law 452/99, amended and republished by Decree-Law 310/2009 — Portuguese Public Professional Association Statute for Accountants (Estatuto da Ordem dos Técnicos Oficiais de Contas), arts. 85, 87 Decree-Law 487/99, amended and republished by Decree-Law 224/2008 — Portuguese Public Professional Association for Statutory Auditors (Estatuto da Ordem dos Revisores Oficiais de Contas). Arts. 95-97 Description: Investment Accounting services: Only locally licensed accountants can own accountancy firms. However, accounting services may also be provided by a legal person incorporated under the Portuguese company code without such ownership restrictions, in so far as the actual accounting services are provided by a locally licensed accountant
Sector: Business services Sub-Sector: Collection agency services Credit reporting services Industry Classification: CPC 87901, CPC 87902 Type of Reservation: National treatment Market access Level of Government: National Measures: Law 49/2004 Description: Investment Nationality of a Member State of the EU is required for the provision of collection agency services and credit reporting services.
Sector: Business services Sub-Sector: Industrial property agent Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Level of Government: National Measures: Decree-Law 15/95, as modified by Law 17/2010, on industrial property agents, art. 2 Portaria 1200/2010, art. 5 Description: Cross-Border Trade in Services Industrial property agents are subject to a condition of nationality of a Member State of the EEA.
Sector: Health services Sub-Sector: Veterinary services Industry Classification: CPC 932 Type of Reservation: National treatment Market access Level of Government: National Measures: Decree-Law 368/91 (Statute of the Veterinary Professional Association) Description: Cross-Border Trade in Services Residency is required in order to provide veterinary services.
Sector: Business services Sub-Sector: Real estate services Industry Classification: CPC 821, CPC 822 Type of Reservation: National treatment Market access Level of Government: National Measures: Decree-Law 211/2004 (arts. 3 and 25), as amended and republished by Decree-Law 69/2011 Description: Investment and Cross-Border Trade in Services Residency in a Member State of the EEA is required for natural persons. Incorporation in a Member State of the EEA is required for legal persons.
Sector: Business services Sub-Sector: Services related to agriculture Industry Classification: Part of CPC 88 Type of Reservation: Market access Level of Government: National Measures: Decree Law 119/92 Law 47/2011 Decree Law 183/98 Description: Cross-Border Trade in Services The professions of biologist, chemical analyst and agronomist are reserved for natural persons.
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309 Type of Reservation: National treatment Market access Level of Government: National Measures: Law 34/2013 Ordinance 273/2013 Description: Cross-Border Trade in Services The provision of security services by a foreign supplier on a cross-border basis is not allowed. A nationality condition exists for specialised personnel.
Sector: Distribution Sub-Sector: Retailing Services Industry Classification: CPC 631, CPC 632 other than CPC 6321, CPC 63297 Type of Reservation: Market access Level of Government: National Measures: Decree-Law No. 21/2009, 19 January Ordinances n.o 417/2009 and 418/2009, 16 April Description: Investment A specific authorisation scheme exists for the installation of certain retail establishments. This relates to establishments having a sales area exceeding 2 000 m2, establishments belonging to a company or pertaining to a commercial group that have an accumulated sales area equal to or greater than 30 000 m2, or commercial outlets that have a gross floor area greater than or equal to 8 000 m2. Micro-enterprises are excluded. Main criteria: Contribution to a multiplicity of commercial offers; assessment of services to consumer; quality of employment and corporate social responsibility; integration in urban environment; and contribution to eco-efficiency.
Sector: Distribution Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods Industry Classification: CPC 63211 Type of Reservation: Market access Level of Government: National Measures: Decree-Law 307/2007, arts. 9, 14, 15 Ordinance 1430/2007 Description: Investment Establishment authorisation is subject to an economic needs test. Main criteria: density conditions in the area. In commercial companies where the capital is represented by shares, these shall be nominative. No person may hold or exercise, at the same time, directly or indirectly, ownership, operation or management of more than four pharmacies.
Sector: Financial services Sub-Sector: Insurance and insurance-related services Industry Classification: Type of Reservation: National treatment Market access Level of Government: National Measures: Chapter I, Section VI of Decree-Law 94-B/98, arts. 34, nr. 6, 7 Description: Financial Services In order to establish a branch in Portugal, foreign insurance companies need to demonstrate prior operational experience of at least five years. Direct branching is not permitted for insurance intermediation, which is reserved to companies formed in accordance with the law of a Member State of the EU.
Sector: Financial services Sub-Sector: Banking and other financial services (excluding insurance) Industry Classification: Type of Reservation: Market access Level of Government: National Measures: Decree-Law 12/2006, as amended by Decree-Law 180/2007 Decree-Law 357-A/2007, Regulation 7/2007-R, as amended by Regulation 2/2008-R Regulation 19/2008-R Regulation 8/2009 Description: Financial Services Pension fund management may be provided only by specialised companies incorporated in Portugal for that purpose and by insurance companies established in Portugal and authorised to take up the life insurance business, or by entities authorised to pension fund management in other Member States of the EU. Direct branching from non-EU countries is not permitted.
Sector: Fishing, transport Sub-Sector: All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing Transport services (passengers and freight) by seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5122, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Obligations Level of Government: National Measures: Decree-Law 194/98 Decree-Law 197/98 Decree-Law 331/99 Description: Investment and International Maritime Transport Services To register a vessel on the national shipping register, foreign investors must have their principal office in Portugal.
Sector: Transport Sub-Sector: Road transport Industry Classification: CPC 71222 Type of Reservation: Market access Level of Government: National Measures: Decree-Law 41/80, August 21 Description: Investment and Cross-Border Trade in Services Economic needs test for limousine services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment
Reservations applicable in Romania
Sector: All sectors Sub-Sector: Acquisition of real estate Industry Classification: Type of Reservation: National treatment Market access Most-favoured –nation treatment Level of Government: National Measures: Law 312/2005, regarding acquisition of property over land by foreign citizens and stateless persons, as well as foreign legal persons Description: Investment Foreign nationals, stateless persons and legal persons (other than nationals of a Member State of the EU and nationals of a Member State of the EEA) may acquire property rights over lands, under the conditions regulated by international treaties, based on reciprocity. Foreign nationals, stateless persons and juridical persons may not acquire the property right over lands under more favourable conditions than those applicable to the national of a Member State of the EU and to juridical persons established according to the legislation of a Member State of the EU.
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Level of Government: National Measures: Attorney Law Law for Mediation Law for the Notaries and the Notarial Activity Description: Investment and Cross-Border Trade in Services Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts. A foreign lawyer may practice the legal profession in one of the forms allowed under national law of their choice, on a non-discriminatory basis. These legal forms are described in art. 5 para. 1 of the Law 51/1995 (individual law offices, associated law offices, professional civil companies, or limited-liability professional civil companies). A foreign lawyer may not make oral or written conclusions before the courts and other judicial bodies, except for international arbitration.
Sector: Business services Sub-Sector: Auditing services Industry Classification: CPC 86211, CPC 86212 other than accounting services Type of Reservation: National treatment Level of Government: National Measures: Emergency Governmental Ordinance No. 90/2008, with subsequent amendments, which transposed the provisions of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC. Description: Investment and Cross-Border Trade in Services A statutory audit activity shall be carried out only by the statutory auditors or audit firms who are approved under the conditions provided for by Emergency Ordinance No. 90/2008.
Sector: Financial services Sub-Sector: Banking and other financial services (excluding insurance) Industry Classification: Type of Reservation: Market access National treatment Level of Government: National Measures: Law N. 297/2004 on capital markets CNVM (‘Comisia Nationala a Valorilor Mobiliare’) Regulation No. 2/2006 on regulated markets and alternative trading systems Description: Financial Services Market operators are Romanian legal persons set up as joint stock companies according to the provisions of the Company Law. The alternative trading systems could be managed by a system operator set up under the conditions described above or by an investment firm authorised by CNVM.
Sector: Fishing, transport Sub-Sector: All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing Transport services (passengers and freight) by seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5122, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Obligations Level of Government: National Measures: Government Ordinance No. 42 of 28 August 1997 Ministerial Order No. 1627/2006 Description: Investment, Cross-Border Trade in Services, and International Maritime Transport Services The right to fly the Romanian flag is granted: (a) to ships owned by Romanian natural or legal persons; (b) to seagoing ships owned by natural persons having the nationality of a Member State of the EU or of a Member State of the European Economic Area or by legal persons established (having their headquarters) in a Member State of the EU or a Member State of the EEA; (c) to ships owned by foreign natural persons having their domicile or residents of Romania or by the Romanian branches of the foreign legal persons, other than those mentioned in subparagraph (b); and (d) to ships owned by foreign natural or legal persons and hired by means of bare-boat or leasing charters, for periods longer than one year, by Romanian or foreign natural or legal persons. Granting the right to fly the Romanian flag is forbidden for ships of 20 years or more.
Sector: Transport Sub-Sector: Other scheduled passenger transportation Operators of road freight transport services Other non-scheduled passenger transportation Industry Classification: CPC 7121, CPC 7122, CPC 7123 Type of Reservation: National treatment Level of Government: National Measures: Romanian law on road transportation (Government Ordinance No. 27/2011) Description: Cross-Border Trade in Services Road haulage and road passenger transport operators may only use vehicles that are registered in Romania, owned and used according to the Government Ordinance provisions.
Reservations applicable in the Slovak Republic
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Level of Government: National Measures: Act 586/2003 on Advocacy, art. 2, 12 Description: Investment and Cross-Border Trade in Services Full admission to the Bar is required for the practice of legal services in respect of Slovakian law, including representation before courts. Residency (commercial presence) is required in order to obtain full admission to the Bar. To provide legal services in respect of Slovakian law, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis. Only nationals of a Member State of the EEA or of the Swiss Confederation may be admitted to the Bar, and are thus entitled to provide legal services in respect of Slovakian law.
Sector: Mining and quarrying Sub-Sector: Industry Classification: ISIC rev 3.1 10, ISIC rev 3.1 11, ISIC rev 3.1 12, ISIC rev 3.1 13, ISIC rev 3.1 14, CPC 7131 Type of Reservation: Market access Level of Government: National Measures: Act 51/1988 on Mining, art. 4a Act 313/1999 on Geological Activity, art. 5 Description: Investment and Cross-Border Trade in Services For mining, activities related to mining and geological activity, incorporation in a Member State of the EU or a Member State of the EEA is required (no branching).
Sector: Business services Sub-Sector: Auditing services Industry Classification: CPC 86211, CPC86212 other than accounting services Type of Reservation: National treatment Senior management and boards of directors Market access Level of Government: National Measures: Act No. 540/2007 on Auditors, arts. 3, 4, 5 Description: Investment Only an enterprise in which at least 60 per cent of capital interests or voting rights are reserved to Slovak nationals or nationals of a Member State of the EU may be authorised to carry out audits in the Slovak Republic.
Sector: Business services Sub-Sector: Architectural services Urban planning and landscape architectural services Engineering services Integrated engineering services Industry Classification: CPC 8671, CPC 8672, CPC 8673, CPC 8674 Type of Reservation: National treatment Market access Level of Government: National Measures: Act 138/1992 on Architects and Engineers, arts. 3, 15, 15a, 17a, 18a Description: Cross-Border Trade in Services For the provision of these services by a physical person present in the territory of the Slovak Republic, membership in the Slovak Chamber of Architects or Slovak Chamber of Engineers is obligatory. Slovak residency is required for membership.
Sector: Health services Sub-Sector: Veterinary services Industry Classification: CPC 932 Type of Reservation: National treatment Market access Level of Government: National Measures: Act 442/2004 on Private Veterinary Doctors, art. 2 Description: Cross-Border Trade in Services Obligatory membership in the Slovak Chamber of Veterinary Doctors. Residency in the Slovak Republic is required for membership. Access is restricted to natural persons only.
Sector: Distribution Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods Industry Classification: CPC 63211 Type of Reservation: Market access Level of Government: National Measures: Act 140/1998 on drugs and medical devices, art. 35a Act 578/2004 on healthcare providers, medical employees, professional organisation Description: Investment and Cross-Border Trade in Services Residency is required in order to obtain a licence as a pharmacist or to open a pharmacy for the retail of pharmaceuticals and certain medical goods to the public.
Sector: Education services Sub-Sector: Higher education services Industry Classification: CPC 92 Type of Reservation: Market access Level of Government: National Measures: Law No. 131 of 21 February 2002 on Higher Education and on Changes and Supplements to Some Laws Description: Investment Establishment in a Member State of the EU is required to apply for state approval to operate as a privately funded higher education institution. This reservation does not apply to secondary technical and vocational education services.
Sector: Environmental services Sub-Sector: Processing and recycling of used batteries and accumulators, waste oils, old cars and waste from electrical and electronic equipment Industry Classification: Part of CPC 9402 Type of Reservation: Market access Level of Government: National Measures: Act 223/2001 on Waste Description: Cross-Border Trade in Services For processing and recycling of used batteries and accumulators, waste oils, old cars and waste from electrical and electronic equipment, incorporation in a Member State of the EU or a Member State of the EEA is required (residency requirement).
Sector: Health services Sub-Sector: Medical and dental services, midwives services, nursing, physiotherapeutic and para-medical services Industry Classification: CPC 9312, CPC 9319 Type of Reservation: Market access National Level of Government: Health services Measures: Act 576/2004 on Health Treatment Act 578/2004 on health care providers, medical employees, professional organisation Description: Cross-Border Trade in Services Services may only be provided by natural persons.
Sector: Fishing Transport Sub-Sector: All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing Transport services (passengers and freight) by seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Obligations Level of Government: National Measures: Act 435/2000 on Maritime Navigation, art. 10 Description: Investment and International Maritime Transport Services In the Slovak Republic, in order to register a vessel on the national shipping register, legal persons have to be established in the Slovak Republic and natural persons have to be national of the Slovak Republic and with permanent residence in the Slovak Republic.
Reservations applicable in Slovenia
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: Market access Level of Government: National Measures: Zakon o odvetni?tvu (Neuradno pre?i??eno besedilo-ZOdv-NPB2 Dr?avnega Zbora RS z dne 21.5.2009 (Attorneys Act) unofficial consolidated text prepared by the Slovenian parliament from 21.5.2009) Description: Investment Commercial presence for appointed attorneys by the Slovene Bar Association is restricted to sole proprietorship, law firm with limited liability (partnership) or to a law firm with unlimited liability (partnership) only. The activities of a law firm shall be restricted to the practice of law. Only attorneys may be partners in a law firm.
Sector: Business services Sub-Sector: Accounting and bookkeeping services Auditing services Industry Classification: CPC 86211, CPC 86212, CPC 86213, CPC 86219, CPC 86220 Type of Reservation: National treatment Market access Level of Government: National Measures: Zakon o revidiranju (Zrev-2 Uradni list RS, ?t. 65/2008), (Auditing Act -Official Gazetee RS No. 65/2008) Description: Cross-Border Trade in Services Commercial presence is required.
Sector: Business services Sub-Sector: Real estate services Industry Classification: CPC 821, CPC 822 Type of Reservation: National treatment Market access Most-favoured-nation treatment Level of Government: National Measures: Real Estate Agencies Act Description: Cross-Border Trade in Services In so far as Canada and its provinces and territories allow Slovenian nationals and enterprises to supply real estate agent services, Slovenia will allow nationals of Canada 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.
Sector: Distribution Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods Industry Classification: CPC 63211 Type of Reservation: Market access Level of Government: National Measures: Law on Pharmacy Activities (Official Gazette No. 36/2004), arts. 2, 6-8, 13-14 Medicinal Products Act (Official Gazette of the RS, No. 31/06, 45/08), arts. 17, 21, 74, 79, 81 Description: Investment Pharmacy activity can be performed on the basis of concessions by private persons granted by the competent administrative body of the commune or municipality with the agreement of the Ministry of Health, after the prior opinion of the Chamber of Pharmacy and the Institute for Health Insurance of Slovenia.
Sector: Education services Sub-Sector: Primary education services Industry Classification: CPC 921 Type of Reservation: National treatment Market access Level of Government: National Measures: Organisation and Financing of Education Act (Official Gazette of Republic of Slovenia, No. 12/1996) and its revisions, art. 40 Description: Investment Privately funded elementary schools may be founded by Slovenian natural or legal persons only. The service supplier must establish a registered office or branch office.
Sector: Health and social services Sub-Sector: Human health services Industry Classification: CPC 931 Type of Reservation: Market access Level of Government: National Measures: Law of Health Services, Official Gazette of the RS, No. 23/2005, arts. 1,3, 62-64 Infertility Treatment and Procedures of the Biomedically-Assisted Procreation Act, Official Gazette of the RS, No.: 70/00, arts. 15 and 16 Description: Investment A state monopoly is reserved for the following services: Supply of blood, blood preparations, removal and preservation of human organs for transplant, sociomedical, hygiene, epidemiological and health-ecological services, patho-anatomical services, and biomedically-assisted procreation.
Sector: Financial services Sub-Sector: Banking and other financial services (excluding insurance) Industry Classification: Type of Reservation: Market access Level of Government: National Measures: Pension and Disability Insurance Act (Official Gazette No. 109/2006), art. 306 Description: Financial Services A pension scheme may be provided by a mutual pension fund (which is not a legal entity and is therefore managed by an insurance company, a bank or a pension company), a pension company or an insurance company. Additionally a pension scheme can also be offered by pension scheme providers established in accordance with the regulations applicable in a Member State of the EU.
Sector: Energy services Sub-Sector: Pipeline transportation of fuels Storage and warehouse of fuels transported through pipelines Industry Classification: CPC 7131, part of CPC 742 Type of Reservation: Market access Level of Government: National Measures: Energetski zakon (Energetic Act), Official Gazette RS, No. 27/07- consolidated text, 70/80, 22/2010 Description: Cross-Border Trade in Services A licence is required to perform the production, trading and distribution of liquid fuels, processing of oil and petroleum products, transmission and distribution of energy and fuels through networks, storing of gaseous, liquid and solid fuels, supply of electricity, gas or heat, operation of electricity or natural gas market, and representation and intermediation in electricity and natural gas markets. These activities are subject to registration, which is conditioned on establishment in Slovenia.
Sector: Fishing Transport Sub-Sector: All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing Transport services (passengers and freight) by seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Obligations Level of Government: National Measures: Article 210 of the Maritime Code Description: Investment, Cross-Border Trade in Services, and International Maritime Transport Services Seagoing non-merchant ships may be registered to fly the Slovenian flag if: (a) more than half of the ship is owned by citizens of the Republic of Slovenia, nationals of a Member State of the EU or by juridical persons having their headquarters in Slovenia or a Member State of the EU; or (b) more than half of the ship is owned by a non- national of a Member State of the EU and the ship operator qualifies as one of the persons described in the previous paragraph, with the consent of the owner of the ship If the owner or co-owner is not a citizen of Slovenia or a juridical person having their headquarters in Slovenia, an authorised representative needs to be appointed to accept the service of judicial and administrative writs, prior to registering the ship. The authorisation must be communicated to the competent authority, responsible for keeping the register. Nuclear ships cannot be registered.
Reservations applicable in Spain
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Market access Level of Government: National Measures: Royal Decree 664/1999 of 23 April 1999 relating to foreign investment Description: Investment Foreign investment in activities directly relating to real estate investments for diplomatic missions by States that are not members of the EU require an administrative authorisation from the Spanish Council of Ministers, unless there is a reciprocal liberalisation agreement in place.
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Level of Government: National Measures: Estatuto General de la Abogacía Española, aprobado por Real Decreto 658/2001, art. 13.1a Description: Investment and Cross-Border Trade in Services Full admission to the Bar is required for the practice of legal services in respect of EU law and the law of a Member State of the EU, including representation before courts. Only nationals of a Member State of the EEA or of the Swiss Confederation may be admitted to the Bar, and are thus entitled to provide legal services in respect of domestic law. To provide legal services in respect of EU law and the law of a Member State of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. Some types of legal form may be reserved exclusively to lawyers admitted to the Bar, also on a non-discriminatory basis.
Sector: Business services Sub-Sector: Auditing services Industry Classification: CPC 86211, CPC 86212 other than accounting services Type of Reservation: National treatment Level of Government: National Measures: Real Decreto Legislativo 1/2011 de 1 de julio por el que se aprueba el texto refundido de la Ley de Auditoria de Cuentas, arts. 8.1, 8.2.c, 9.2, 9.3,10.1 Description: Cross-Border Trade in Services Statutory auditors are subject to a nationality of a Member State of the EU condition. This reservation does not apply to the auditing of non-EU companies listed in a Spanish regulated market.
Sector: Business services Sub-Sector: Intellectual property attorney Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Level of Government: National Measures: Ley 11/1986, de 20 de marzo, de Patentes de Invención y Modelos de utilidad, arts. 155-157 Description: Cross-Border Trade in Services Industrial property attorneys are subject to a nationality of a Member State of the EU condition.
Sector: Health services Sub-Sector: Veterinary services Industry Classification: CPC 932 Type of Reservation: National treatment Market access Level of Government: National Measures: Real Decreto 1840/2000. Estatutos Generales de la Organización Colegial Veterinaria Española (Statute of the Veterinary Association of Spain), arts. 62, 64 Description: Cross-Border Trade in Services Membership in a professional association is obligatory and subject to a nationality of a Member State of the EU condition, which may be waived through a bilateral professional agreement.
Sector: Distribution Sub-Sector: Retail sales of tobacco Industry Classification: CPC 63108 Type of Reservation: National treatment Market access Level of Government: National Measures: Ley 13/1998 de 4 de Mayo de Ordenación del Mercado de Tabacos y Normativa Tributaria, art. 4 Description: Investment and Cross-Border Trade in Services State monopoly on retail sales of tobacco. Establishment is subject to a requirement of nationality of a Member State of the EU.
Sector: Distribution Sub-Sector: Retail sales of pharmaceutical, medical and orthopaedic goods Industry Classification: CPC 63211 Type of Reservation: Market access Level of Government: National Measures: Ley 16/1997, de 25 de abril, de regulación de servicios de las oficinas de farmacia (Law 16/1997, of 25 April, regulating services in pharmacies), arts. 2, 3.1 Ley 29/2006, de 26 de julio, de garantías y uso racional de los medicamentos y productos sanitarios, art. 2(5) (Law 29/2006 of 26 July, regulating the safety and rational use of pharmaceuticals and medical goods). Description: Investment and Cross Border Trade in Services Only natural persons are permitted to provide retail services of pharmaceuticals and specific medical goods to the public. Each pharmacist cannot obtain more than one licence. Establishment authorisation is subject to an economic needs test. Main criteria: density conditions in the area. The mail order of pharmaceuticals is prohibited.
Sector: Education services Sub-Sector: Higher education services Industry Classification: CPC 923 Type of Reservation: Market access Level of Government: National Measures: Ley Orgánica 6/2001, de 21 de Diciembre, de Universidades. (Law 6 / 2001 of 21 December, on Universities), art. 4 Description: Investment An authorisation is required in order to open a privately funded university which issues recognised diplomas or degrees; the procedure involves obtaining the advice of the Parliament. An economic needs test is applied, main criteria are population size and density of existing establishments.
Sector: Financial services Sub-Sector: Insurance and insurance-related services Industry Classification: Type of Reservation: National treatment Market access Level of Government: National Measures: Real Decreto Legislativo 6/2004, de 29 de octubre, por el que se aprueba el texto refundido de la Ley de ordenación y supervisión de los seguros privados (Law on regulation and supervision of private insurance) Description: Financial Services Before establishing a branch or agency in Spain in order to provide certain classes of insurance, a foreign insurer must have been authorised to operate in the same classes of insurance in its country of origin for at least five years.
Sector: Tourism and travel related services Sub-Sector: Tourist guides services Industry Classification: CPC 7472 Type of Reservation: National treatment Market access Level of Government: Regional (Sub-federal) Measures: Andalucía Decreto 80/2010, de 30 de marzo, de simplificación de trámites administrativos y de modificación de diversos Decretos para su adaptación al Decreto-ley 3/2009, de 22 de diciembre, por el que se modifican diversas Leyes para la transposición en Andalucía de la Directiva relativa a los Servicios en el Mercado Interior, art 3.5 Aragón Decreto 264/2007, de 23 de octubre, del Gobierno de Aragón, por el que se aprueba el Reglamento de Guías de Turismo, art. 13 Cantabria Decreto 51/2001, de 24 de julio, art. 4, por el que se modifica el Decreto 32/1997, de 25 de abril, por el que se aprueba el reglamento para el ejercicio de actividades turístico-informativas privadas Castilla y León Decreto 25/2000, de 10 de febrero, por el que se modifica el Decreto 101/1995, de 25 de mayo, por el que se regula la profesión de guía de turismo de la Comunidad Autónoma de Castilla y León. Castilla la Mancha Decreto 96/2006, de 17 de julio, de Ordenación de las Profesiones Turísticas. Cataluña Decreto Legislativo 3/2010, de 5 de octubre, para la adecuación de normas con rango de ley a la Directiva 2006/123/CE, del Parlamento y del Consejo, de 12 de diciembre de 2006, relativa a los servicios en el mercado interior, art. 88. Comunidad de Madrid Decreto 84/2006, de 26 de octubre del Consejo de Gobierno, por el que se modifica el Decreto 47/1996, de 28 de Marzo. Comunidad Valenciana Decreto 90/2010, de 21 de mayo, del Consell, por el que se modifica el reglamento regulador de la profesión de guía de turismo en el ámbito territorial de la Comunitat Valenciana, aprobado por el Decreto 62/1996, de 25 de marzo, del Consell. Extremadura Decreto 43/2000, de 22 de febrero, por el que se modifica el Decreto 12/1996, de 6 de febrero, por el que se aprueba el reglamento de la actividad profesional de Guía Turístico Galicia Decreto 42/2001, de 1 de febrero, de Refundición en materia de agencias de viajes, guias de turismo y turismo activo. Illes Balears Decreto 136/2000, de 22 de septiembre, por el cual se modifica el Decreto 112/1996, de 21 de junio, por el que se regula la habilitación de guía turístico en las Islas Baleares. Islas Canarias Decreto 13/2010, de 11 de febrero, por el que se regula el acceso y ejercicio de la profesión de guía de turismo en la Comunidad Autónoma de Canarias, art 5 La Rioja Decreto 20/2000, de 28 de abril, de modificación del Decreto 27/1997, de 30 de abril, por el que se aprueba el Reglamento regulador de la profesión de Guías de Turismo. Navarra Decreto 125/95, de 20 de mayo, por el que se regula la profesión de guias de turismo en Navarra. Principado de Asturias Decreto 59/2007, de 24 de mayo, por el que se aprueba el Reglamento regulador de la profesión de Guía de Turismo en el Principado de Asturias. Región de Murcia Decreto n.o 37/2011, de 8 de abril, por el que se modifican diversos decretos en materia de turismo para su adaptación a la ley 11/1997, de 12 de diciembre, de turismo de la Región de Murcia tras su modificación por la ley 12/2009, de 11 de diciembre, por la que se modifican diversas leyes para su adaptación a la directiva 2006/123/CE, del Parlamento Europeo y del Consejo de 12 de diciembre de 2006, relativa a los servicios en el mercado interior (los guías podrían ser extranjeros si tienen homologación de las titulaciones requeridas) Description: Cross-Border Trade in Services Nationality of a Member State of the EU is required for the provision of tourist guide services.
Sector: Fishing, transport Sub-Sector: All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing Transport services (passengers and freight) by seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.10502, CPC 5133, CPC 5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Obligations Level of Government: National Measures: Law of Ports and Maritime Shipping(Royal Legislative Decree 2/2011) Articles 251, 252, 253, and Additional Disposition 16th indent 4.a) as well as Article 6, in Royal Decree 1516/2007 on the legal regime of cabotage and maritime navigation of public interest Description: Investment and International Maritime Transport Services In order to register a ship on the national register of Spain and to fly the national flag, the owner of that ship or the person who has exclusive possession of that ship must be Spanish or established in Spain or incorporated in other Member State of the EU. To register a ship in the Special Register, the owner company must be established in the Canary Islands.
Reservations applicable in Sweden
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Market access Level of Government: National Measures: Lag om utländska filialer m.m (Foreign Branch Offices Act) (1992:160) Aktiebolagslagen (Companies Act) (2005:551), The Co-operative Economic Associations Act (1987:667) Act on European Economic Interest Groupings (1994:1927) Description: Investment A foreign company, which has not established a legal entity in Sweden or is conducting its business through a commercial agent, shall conduct its commercial operations through a branch, registered in Sweden, with independent management and separate accounts. The managing director and the vice-managing director, if appointed, of the branch, must reside in the EEA. A natural person not resident in the EEA, who conducts commercial operations in Sweden, shall appoint and register a resident representative responsible for the operations in Sweden. Separate accounts shall be kept for the operations in Sweden. The competent authority may in individual cases grant exemptions from the branch and residency requirements. Building projects with duration of less than a year — conducted by a company located or a natural person residing outside the EEA — are exempted from the requirements of establishing a branch or appointing a resident representative. A Swedish limited liability company may be established by a natural person resident within the EEA, by a Swedish legal person or by a legal person that has been formed according to the legislation in a state within the EEA and that has its registered office, headquarters or principal place of business within the EEA. A partnership may be a founder, only if all owners with unlimited personal liability are resident within the EEA. Founders outside the EEA may apply for permission from the competent authority. For limited liability companies and co-operative economic associations, at least 50 per cent of the members of the board of directors, at least 50 per cent of the deputy board members, the managing director, the vice-managing director, and at least one of the persons authorised to sign for the company, if any, must reside within the EEA. The competent authority may grant exemptions from this requirement. If none of the company's or society's representatives reside in Sweden, the board must appoint and register a person resident in Sweden, who has been authorised to receive servings on behalf of the company or society. Corresponding conditions prevail for establishment of all other types of legal entities.
Sector: Animal husbandry Sub-Sector: Reindeer husbandry Industry Classification: ISIC rev 3.1 014 Type of Reservation: National treatment Market access Level of Government: National Measures: Reindeer Husbandry Act (1971:437), para. 1 Description: Investment Only Sami people may own and practice reindeer husbandry.
Sector: Fishing and aquaculture Sub-Sector: Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882 Type of Reservation: National treatment Market access Level of Government: National Measures: Maritime Law (1994:1009) Fisheries Act (1993:787) Ordinance for fishing, aquaculture and the fishing industry (1994:1716) The Fishing Regulations of the National Board of Fisheries (2004:25) The Ship Security Regulation (2003:438) Description: Investment and Cross-Border Trade in Services Professional fishing is fishing with a professional fishing licence or fishing by foreign fishermen holding a specific permit to fish professionally in Swedish territorial waters or in the Swedish economic zone. A professional fishing licence may be given to a fisherman for whom fishing is essential to his living and where the fishing has a connection to the Swedish fishing industry. A connection to Swedish fishing industry could for example be demonstrated if the fishermen lands half his catch during a calendar year (in value) in Sweden, if half the fishing trips depart from a Swedish harbour or half of the fishermen in the fleet are domiciled in Sweden. For vessels over five meters, a vessel permit is needed together with the professional fishing licence. A permit is granted if, among other things, the vessel is registered in the national registry, the vessel has a real economic connection to Sweden, the permit holder is a fisherman with a professional fishing licence and if the commander of the vessel is a fisherman with a professional fishing licence. The commander of a fishing vessel over 20 gross tonnages shall be a national of a Member State of the EEA. Exemptions may be granted by the Swedish Transport Agency. A ship shall be deemed Swedish and can carry the Swedish flag if more than half is owned by Swedish citizens or juridical persons. The Government may permit foreign vessels to fly the Swedish flag where their operations are under Swedish control or the owner can demonstrate that he has his permanent residence in Sweden. Vessels which are 50 per cent owned by nationals of a Member State of the EEA or companies having their registered office, central administration or principal place of business in the EEA and whose operation is controlled from Sweden, may also be registered in the Swedish register.
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Level of Government: National Measures: Rättegångsbalken (The Swedish Code of Judicial Procedure) (1942:740) The Swedish Bar Association Code of Conduct adopted 29 August 2008 Description: Investment and Cross-Border Trade in Services For admission to the Bar, which is required only for the use of the Swedish title ‘advokat’, residency within the EU, EEA or the Swiss Confederation is required. Exemptions may be granted by the board of the Swedish Bar Association. Admission to the Bar is not necessary for the practice of domestic law. A member of the Swedish Bar Association may not be employed by anyone other than a Bar member or a company conducting the business of a Bar member. However, a member of the Bar may be employed by a foreign company conducting the business of an advocate, provided that the company in question is domiciled in a country within the EU, the EEA or the Swiss Confederation. Members conducting their practice in the form of a company or a partnership may not have any other objective and may not carry out any other business than the practice of an advocate. Collaboration with other advocate businesses is permitted, however, collaboration with foreign businesses requires permission by the Board of the Bar Association. Only a Member may directly or indirectly, or through a company, practice as an advocate, own shares in the company or be a partner. Only a Member may be a member or deputy member of the board or deputy managing director, or an authorised signatory or secretary of the company or the partnership.
Sector: Business services Sub-Sector: Auditing services Industry Classification: CPC 86211, CPC86212 other than accounting services Type of Reservation: National treatment Market access Level of Government: National Measures: Revisorslagen (Auditors Act) (2001:883) Revisionslag (Auditing Act) (1999:1079) Aktiebolagslagen (Companies Act) (2005:551) Lag om ekonomiska föreningar (The Co-operative Economic Associations Act) (1987:667) Others, regulating the requirements to make use of approved auditors Description: Investment and Cross-Border Trade in Services Only auditors approved in Sweden, authorised auditors and registered auditing firms may perform statutory auditing services in certain legal entities, including in all limited companies, as well as for natural persons. Only auditors approved in Sweden, and registered public accounting firms, may be shareholders or form partnerships in companies which practice qualified auditing (for official purposes). Residency within the EEA or the Swiss Confederation is required for approval. The titles of ‘approved auditor’ and ‘authorised auditor’ may only be used by auditors approved or authorised in Sweden. Auditors of co-operative economic associations and certain other enterprises who are not certified or approved accountants must be resident within the EEA, unless the Government, or a Government authority appointed by the Government, in a particular case allows otherwise.
Sector: Business services Sub-Sector: Rental or leasing of vehicles without operators Industry Classification: CPC 831 Type of Reservation: National treatment Level of Government: National Measures: Lag (1998:424) om biluthyrning (Act on renting and leasing cars) Description: Cross-Border Trade in Services Suppliers of rental or leasing services of cars and certain off-road vehicles (terrängmotorfordon) 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 Sweden.
Sector: Business services Sub-Sector: Rental or leasing services without operators Rental or leasing of ships Industry Classification: CPC 83103 Type of Reservation: National treatment Market access Level of Government: National Measures: Sjölagen (Maritime Law) (1994:1009), Chapter 1, § 1 Description: Investment To fly the Swedish flag, proof of dominating Swedish operating influence must be shown in case of foreign ownership interests in ships. Dominating Swedish influence means a proportionally large share of Swedish ownership in the ship, and that the operation of the ship is located in Sweden. Foreign ships may be granted an exemption from this rule where they are rented or leased by Swedish legal persons through bareboat charter contracts. To be granted an exemption, the bareboat charter contract must be provided to the Swedish Maritime Administration and demonstrate that the charterer takes full responsibility for operation and crew of the leased or rented ship. The duration of the contract should be at least one to two years.
Sector: Business services Sub-Sector: Other business services Industry Classification: CPC 87909 Type of Reservation: Market access Level of Government: National Measures: Cooperative building societies law (1991:614) Description: Cross-Border Trade in Services The economic plan for a building society must be certified by two persons. These persons must be publicly approved by authorities in the EEA.
Sector: Other business services n.e.c. Sub-Sector: Pawn-shops Industry Classification: Part of CPC 87909 Type of Reservation: Market access Level of Government: National Measures: PAWN SHOP ACT (1995:1000) Description: Investment Pawn-shops must be established as a limited liability company or as a branch.
Sector: Distribution services Sub-Sector: Retailing services Industry Classification: Part of CPC 631, part of CPC 6322 Type of Reservation: Market access Level of Government: National Measures: The Alcohol Act (2010:1622) Description: Investment and Cross-Border Trade in Services Systembolaget AB has a governmental monopoly on retail sales of liquor, wine and beer (except non-alcoholic beer). Alcoholic beverages are beverages with an alcohol content over 2.25 percentage per volume. For beer, the limit is an alcohol content over 3.5 percentage per volume.
Sector: Printing and publishing Sub-Sector: Industry Classification: ISIC rev 3.1 22, CPC 88442 Type of Reservation: National treatment Level of Government: National Measures: The Freedom of the Press Act (1949:105) Fundamental law on Freedom of Expression (1991:1469) Act on ordinances for the Freedom of the Press Act and the Fundamental law on Freedom of Expression (1991:1559) Description: Investment and Cross-Border Trade in Services Natural persons who are owners of periodicals that are printed and published in Sweden must reside in Sweden or be nationals of a Member State of the EEA. Owners of such periodicals who are juridical persons must be established in the EEA. Periodicals that are printed and published in Sweden, and technical recordings must have a responsible editor, who must be domiciled in Sweden.
Sector: Environmental services Sub-Sector: Protection of ambient air and climate Industry Classification: CPC 9404 Type of Reservation: Market access Level of Government: National Measures: The Vehicles Act (2002:574) Description: Cross-Border Trade in Services Only entities established in Sweden or having their principal seat in Sweden are eligible for accreditation to perform control services of exhaust gas.
Sector: Financial services Sub-Sector: Insurance and insurance-related services Industry Classification: Type of Reservation: National treatment Level of Government: National Measures: Lag om försäkringsförmedling (Insurance Mediation Act) (2005:405), Chapter 3, § 2 Description: Financial Services Insurance mediation undertakings not incorporated in Sweden may establish only through a branch.
Sector: Financial services Sub-Sector: Insurance and insurance-related services Industry Classification: Type of Reservation: Cross-border supply of financial services Level of Government: National Measures: Foreign Insurers Business in Sweden Act (1998:293) Description: Financial Services The supply of direct insurance is allowed only through an insurance service supplier authorised in Sweden, provided that the foreign service supplier and the Swedish insurance company belong to the same group of companies or have an agreement of cooperation between them.
Sector: Financial Services Sub-Sector: Banking and other financial services (excluding insurance) Industry Classification: Type of Reservation: Market access Level of Government: National Measures: Sparbankslagen (Savings Bank Act) (1987:619), Chapter 2, § 1, part 2 Description: Financial Services A founder of a savings bank shall be a natural person resident in a Member State of the EEA.
Sector: Transport Sub-Sector: All commercial marine activity undertaken from a seagoing ship other than fishing and aquaculture, but including transport services (passengers and freight) by seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590 Type of Reservation: National treatment Market access Obligations Level of Government: National Measures: Maritime Act (1994:1009), Ship safety Ordinance (1994:1009) The Ship Security Regulation (2003:438) Description: Investment, Cross-Border Trade in Services, and International Maritime Transport Services A ship shall be deemed Swedish and may carry the Swedish flag if more than half the equity is owned by Swedish citizens or juridical persons. The Government may permit foreign vessels to fly the Swedish flag where their operations are under Swedish control or the owner can demonstrate that he has his permanent residence in Sweden. Vessels which are 50 per cent or more owned by nationals of a Member State of the EEA or companies having their registered office, central administration or principal place of business in the EEA and whose operation is controlled from Sweden, may also be registered in the Swedish register. The commander of a trading vessel or a traditional vessel shall be a national of a Member State of the EEA. Exemptions may be granted by the Swedish Transport Agency. A separate Swedish reservation applies to vessels used for fishing and aquaculture.
Sector: Transport Sub-Sector: Rail transport services Industry Classification: CPC 7111 Type of Reservation: Market access Level of Government: National Measures: Järnvägslagen (Rail road Act) (2004:519), Chapter 5, Section 2c Description: Investment Picking up and setting down passengers on the line between Stockholm City and Arlanda Airport (where Arlanda is the starting or final destination of the journey) is limited to one operator. The operator for the line between Arlanda and Stockholm may allow other operators to use their line. This reservation does not apply to transport of passengers between Arlanda and other destinations than Stockholm.
Sector: Transport Sub-Sector: Operators of road haulage and road passenger transport services Industry Classification: CPC 712 Type of Reservation: National treatment Market access Most-favoured-nation treatment Level of Government: National Measures: Yrkestrafiklag (2012:210) (Act on professional traffic) Lag om vägtrafikregister (2001:558) (Act on road traffic registry) Yrkestrafikförordning (2012:237) (Government regulation on professional traffic) Taxitrafiklag (2012:211) (Act on Taxis) Taxitrafikförordning (2012:238) (Government regulation on taxis) Description: Cross-Border Trade in Services 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 — 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 EU, have an establishment situated in Sweden and have appointed a natural person to act as the transport manager, who must be resident in the EU. Licences are granted on non-discriminatory terms, except that operators of road haulage and road passenger transport services may as a general rule only use vehicles that are registered in the national road traffic registry. If a vehicle is registered abroad, owned by a natural or legal person whose principal residence is abroad and is brought to Sweden for temporary use, the vehicle may be temporarily used in Sweden. Temporary use is usually defined by the Swedish Transport Agency as meaning not more than one year. Operators of cross-border road haulage and road passenger transport services abroad need to be licensed for such operations by the competent authority in the country where they are established. Additional requirements for cross-border trade may be regulated in bilateral road transport agreements. For vehicles where no such bilateral agreement is applicable, a licence is also needed from the Swedish Transport Agency.
Reservations applicable in the United Kingdom
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: National treatment Market access Level of Government: Regional Measures: For England and Wales, the Solicitors Act 1974, the Administration of Justice Act 1985 and the Legal Services Act 2007 For Scotland, the Solicitors (Scotland) Act 1980 and the Legal Services (Scotland) Act 2010 For Northern Ireland, the Solicitors (Northern Ireland) Order 1976 In addition, the measures applicable in each jurisdiction include any requirements set by professional and regulatory bodies. Description: Investment and Cross-Border Trade in Services Residency (commercial presence) may be required for the provision of some UK domestic legal services by the relevant professional or regulatory body. To provide legal services in respect of EU law and the law of Member States of the EU, commercial presence may be required to take one of the legal forms which are allowed under national law on a non-discriminatory basis. In addition, national law may include non-discriminatory requirements as to the organisation of the permitted legal forms.
Sector: Health services Sub-Sector: Veterinary services Industry Classification: CPC 932 Type of Reservation: Market access Level of Government: National Measures: Veterinary Surgeons Act (1966) Description: Investment and Cross-Border Trade in Services Access through partnership or natural persons only. Physical presence is required to perform veterinary surgery. It is a criminal act under the Veterinary Surgeons Act for anyone in the UK who is not a veterinary surgeon (and a member, therefore, of the Royal College of Veterinary Surgeons (RCVS)) to perform veterinary surgery.
Sector: Energy Sub-Sector: Extraction of crude petroleum and natural gas, services incidental to mining, related scientific and technical consulting services Industry Classification: ISIC rev 3.1 11, CPC 883, CPC 8675 Type of Reservation: Market access Level of Government: National Measures: Petroleum Act 1988 Description: Investment and Cross-Border Trade in Services A licence is necessary to undertake exploration and production activities on the UK Continental Shelf (UKCS), and to provide services which require direct access to or exploitation of natural resources. This reservation applies to production licences issued with respect to the UK Continental Shelf. To be a Licensee, a company must have a place of business within the UK. That means either: (a) a staffed presence in the UK; (b) registration of a UK company at Companies House; or (c) registration of a UK branch of a foreign company at Companies House. This requirement exists for any company applying for a new licence and for any company seeking to join an existing licence by assignment. It applies to all licences and to all enterprises, whether operator or not. To be a party to a Licence that covers a producing field, a company must: (a) be registered at Companies House as a UK company; or (b) carry on its business through a fixed place of business in the UK as defined in section 148 of the Finance Act 2003 (which normally requires a staffed presence).
Sector: Fishing Transport Sub-Sector: All commercial marine activity undertaken from a seagoing ship, including fishing, aquaculture, and services incidental to fishing Transport services (passengers and freight) by seagoing vessels Pilotage and berthing services Vessel salvage and refloating services Other supporting services for water transport Construction for waterways, harbours, dams and other water works Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 5133, CPC5223, CPC 721, CPC 74520, CPC 74540, CPC 74590, CPC 882 Type of Reservation: National treatment Market access Level of Government: National Measures: The Merchant Shipping (Registration of Ships) Regulations 1993 and the Merchant Shipping Act 1995 Description: Investment and International Maritime Transport Services In order to register a UK flagged vessel, a majority interest in the vessel must be owned by qualified persons. Such qualified persons may include: British citizens resident in the UK; British citizens not resident in the UK where a representative person domiciled in the UK is appointed; and those UK and EEA incorporated companies with a UK place of business or a nominated representative in the UK.
ANNEX II. Headnote Reservations for future measures
1. The Schedule of a Party to this Annex sets out, under Articles 8.15 (Reservations and exceptions), 9.7 (Reservations), 14.4 (Reservations), and, for the European Union, Article 13.10 (Reservations and exceptions), the reservations taken by that Party with respect to specific sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Articles 8.6 (National treatment), 9.3 (National treatment) or, for the European Union, Article 13.3 (National treatment);
(b) Articles 8.7 (Most-favoured-nation treatment), 9.5 (Most-Favoured-nation treatment) or, for the European Union, Article 13.4 (Most-favoured-nation treatment);
(c) Articles 8.4 (Market access), 9.6 (Market access) or, for the European Union, Article 13.6 (Market access);
(d) Article 8.5 (Performance requirements);
(e) Article 8.8 (Senior management and boards of directors) or, for the European Union, Article 13.8 (Senior management and boards of directors);
(f) for the European Union, Article 13.7 (Cross-border supply of financial services); or
(g) Article 14.3 (Obligations).
2. The reservations of a Party are without prejudice to the rights and obligations of the Parties under the GATS.
3. Each reservation sets out the following elements:
(a) Sector refers to the general sector in which the reservation is taken;
(b) Sub-Sector refers to the specific sector in which the reservation is taken;
(c) Industry Classification refers, where applicable, to the activity covered by the reservation according to the CPC, ISIC rev 3.1, or as expressly otherwise described in a Party's reservation;
(d) Type of Reservation specifies the obligation referred to in paragraph 1 for which a reservation is taken;
(e) Description sets out the scope of the sector, sub-sector or activities covered by the reservation; and
(f) Existing Measures identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.
4. In interpreting a reservation, all elements of the reservation shall be considered. The Description element shall prevail over all other elements.
5. A reservation taken at the level of the European Union applies to a measure of a Member State of the European Union at the national level as well as a measure of a government within a Member State of the European Union, unless the reservation excludes a Member State of the European Union. A reservation taken by Canada at the national level of government or by a Member State of the European Union applies to a measure of a government at the regional, provincial, territorial or local level within that country.
6. Where a Party maintains a measure that requires that a service supplier be a natural person, citizen, permanent resident or resident of its territory as a condition to the supply of a service in its territory, a reservation for that measure taken with respect to cross-border trade in services shall operate as a reservation with respect to investment, to the extent of that measure.
7. A reservation for a measure that requires a service supplier be a natural person, citizen, permanent resident, or resident of its territory as a condition to the supply of a financial service in its territory taken with respect to Article 13.7 (Cross-border supply of financial services) shall operate as a reservation with respect to Articles 13.3 (National treatment), 13.4 (Most-favoured-nation treatment), 13.6 (Market access), and 13.8 (Senior management and boards of directors), to the extent of that measure.
8. For the purposes of this Annex including each Party's Schedule to this Annex: ISIC rev 3.1 means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 4, ISIC rev 3.1, 2002.
9. The following abbreviations are used in the European Union's Schedule to this Annex: AT Austria BE Belgium BG Bulgaria CY Cyprus CZ Czech Republic DE Germany DK Denmark EU European Union, including all its Member States ES Spain EE Estonia FI Finland FR France EL Greece HR Croatia HU Hungary IE Ireland IT Italy LV Latvia LT Lithuania LU Luxembourg MT Malta NL Netherlands PL Poland PT Portugal RO Romania SK Slovakia SI Slovenia SE Sweden UK United Kingdom
Schedule of Canada Reservations applicable in Canada (applicable in all Provinces and Territories)
Reservation II-C-1 Sector: Aboriginal affairs Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Most-favoured-nation treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Canada reserves the right to adopt or maintain a measure denying investors of the European Union and their investments, or service suppliers of the European Union, rights or preferences provided to aboriginal peoples. Existing Measures: Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11
Reservation II-C-2 Sector: Agriculture Sub-Sector: Industry Classification: Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services Canada reserves the right to adopt or maintain a measure related to collective marketing arrangements for agricultural goods which includes activities such as production, pricing, buying, selling or any other activity to prepare the product in a form, or make it available at a place or time, for purchase for consumption or use. Existing Measures:
Reservation II-C-3 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Senior management and boards of directors Description: Investment 1. British Columbia, New Brunswick, Nova Scotia, Nunavut, Prince Edward Island, Quebec, The Northwest Territories, and Yukon, reserve the right to adopt or maintain a measure relating to an enterprise of Canada that is a covered investment that requires 25 per cent or less of the board of directors, or any committee thereof, be of a particular nationality. An amendment to a measure referred to above must not decrease the conformity of the measure, as it existed immediately before the amendment, with the obligations set out in Chapter Eight (Investment). 2. Canada reserves the right to adopt or maintain a measure requiring that up to 50 per cent of the board of directors of an enterprise that is a covered investment be ordinarily resident in Canada. A granting of residency to a national of the European Union who is an appointee to a board of directors of an enterprise that is a covered investment will be conducted in accordance with Canadian law relating to the entry of foreign nationals. However, a national of the European Union shall not be subject to an economic needs test solely for the purpose of the appointment to the board of directors. Existing Measures:
Reservation II-C-4 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Description: Investment Canada reserves the right to adopt or maintain a measure relating to residency requirements for the ownership of oceanfront land by investors of the European Union or their investments. Existing Measures:
Reservation II-C-5 Sector: Fisheries Sub-Sector: Fishing and services incidental to fishing Industry Classification: CPC 04, 882 Type of Reservation: Market access National treatment Most-favoured nation treatment Description: Investment and Cross-Border Trade in Services 1. Canada reserves the right to adopt or maintain a measure with respect to collective marketing and trading arrangements for fish and seafood products, and licencing fishing or fishing related activities, including entry of foreign fishing vessels to Canada's exclusive economic zone, territorial sea, internal waters or ports, and use of any services therein. 2. Canada shall endeavour to accord to vessels entitled to fly the flag of a Member State of the European Union treatment no less favourable than the treatment it accords, in like situations, to vessels entitled to fly the flag of any other foreign State. Existing Measures: Fisheries Act, R.S.C. 1985, c. F-14 Coastal Fisheries Protection Act, R.S.C. 1985, c. C-33 Coastal Fisheries Protection Regulations, C.R.C. 1978, c. 413 Commercial Fisheries Licensing Policy Policy on Foreign Investment in the Canadian Fisheries Sector, 1985 Freshwater Fish Marketing Act, R.S.C. 1985, c. F-13
Reservation II-C-6 Sector: Financial services Sub-Sector: Services related to security markets Industry Classification: CPC 8132 Type of Reservation: Market access National treatment Description: Investment Canada reserves the right to adopt or maintain a measure relating to the acquisition, sale or other disposition by nationals of the European Union of bonds, treasury bills or other kinds of debt securities issued by the Government of Canada or a Canadian sub-national government. Existing Measures: Financial Administration Act, R.S.C. 1985, c. F-11
Reservation II-C-7 Sector: Food, beverage and drug industries Sub-Sector: Liquor, wine and beer stores Industry Classification: CPC 241, 242, 243, 62112, 62226, 63107 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services The Importation of Intoxicating Liquors Act gives each provincial government an import monopoly on intoxicating liquors entering its territory. Existing Measures: Importation of Intoxicating Liquors Act, R.S.C. 1985, c. I-3
Reservation II-C-8 Sector: Minority affairs Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Canada reserves the right to adopt or maintain a measure conferring rights or privileges to a socially or economically disadvantaged minority. Existing Measures:
Reservation II-C-9 Sector: Social services Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Most-favoured-nation treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Canada reserves the right to adopt or maintain a measure with respect to the supply of public law enforcement and correctional services, as well as the following services to the extent that they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care. Existing Measures:
Reservation II-C-10 Sector: Social services Sub-Sector: Industry Classification: Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Canada reserves the right to adopt or maintain a measure with respect to the supply of social services not otherwise reserved under its Reservation II-C-9 in respect of social services. 2. This reservation shall not extend to the adoption of a new measure imposing limitations on the participation of foreign capital in the supply of such social services. Existing Measures:
Reservation II-C-11 Sector: Collection, purification and distribution of water Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services Canada reserves the right to adopt or maintain a measure with respect to the collection, purification and distribution of water. Existing Measures:
Reservation II-C-12 Sector: Transport Sub-Sector: Transportation services via pipeline Industry Classification: CPC 713 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services Canada reserves the right to adopt or maintain a measure with respect to the issuance of certificates for the pipeline transportation of fuels. Existing Measures: National Energy Board Act, R.S.C. 1985, c. N-7
Reservation II-C-13 Sector: Transport Sub-Sector: Selling and marketing of air transport services, as defined in Articles 8.1 (Definitions) and 9.1 (Definitions) Industry Classification: Defined in Articles 8.1 (Definitions) and 9.1 (Definitions) Type of Reservation: Market access National treatment Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. Canada reserves the right to adopt or maintain a measure relating to the selling and marketing of air transportation services. 2. For greater certainty, this reservation does not affect Canada's rights and obligations under the Agreement on Air Transport Between Canada and the European Community and its Member States, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009. Existing Measures:
Reservation II-C-14 Sector: Transport Sub-Sector: Construction work for waterways, harbours, dams and other water works Transportation services by sea-going or non-sea-going vessels Supporting and other services for water transport Any other marine activity of a commercial nature undertaken by or from a vessel as set out in the Description element below Industry Classification: CPC 5133, 5223, 721, 722, 745, any other marine activity of a commercial nature undertaken by or from a vessel Type of Reservation: Market access National treatment Most-favoured-nation treatment Performance requirements Senior management and boards of directors Obligations Description: Investment, Cross-Border Trade in Services, and International Maritime Transport Services 1. Canada reserves the right to adopt or maintain a measure affecting the investment in or supply of marine cabotage services, including: (a) the transportation of goods or passengers by vessel between points in the territory of Canada or above the continental shelf of Canada, directly or by way of a place outside Canada; but with respect to waters above the continental shelf of Canada, the transportation of goods or passengers only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; and (b) the engaging by vessel in any other marine activity of a commercial nature in the territory of Canada and, with respect to waters above the continental shelf, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada. 2. This reservation relates to, among other things, limitations and conditions for services suppliers entitled to participate in these activities, to criteria for the issuance of a temporary cabotage licence to foreign vessels, and to limits on the number of cabotage licences issued to foreign vessels. 3. For greater certainty, this reservation applies, among other things, to marine activities of a commercial nature undertaken by or from a vessel, including feeder services and repositioning of empty containers. 4. This reservation does not apply to a measure relating to the investment in or the supply of the following marine cabotage services undertaken from a vessel operated by an enterprise of the European Union, or a vessel operated by an enterprise of a third country (1) owned or controlled by a national of the European Union if that vessel is registered in accordance with the laws of a Member State of the European Union and is flying the flag of a Member State of the European Union: (a) repositioning owned or leased empty containers on a non-revenue basis; (b) (i) continuous pre or onward transport of international cargo between the Port of Halifax and the Port of Montreal, and between the Port of Montreal and the Port of Halifax, using vessels registered on the first (national) registries referred to in paragraph 1 of the Annex to Commission communication C(2004) 43 — Community guidelines on State Aid to maritime transport; and (ii) pre or onward transport of international containerised cargo between the Port of Halifax and the Port of Montreal, and between the Port of Montreal and the Port of Halifax, as a single voyage concurrent to an international leg, using vessels registered on the first (national) or second (international) registries referred to in paragraphs 1, 2, and 4 of the Annex to Commission communication C(2004) 43 — Community guidelines on State Aid to maritime transport; or (c) dredging. Existing Measures: Coasting Trade Act, S.C. 1992, c. 31 Canada Shipping Act, 2001, S.C. 2001, c. 26 Customs Act, R.S.C. 1985 (2d Supp.), c. 1 Customs and Excise Offshore Application Act, R.S.C. 1985, c. C-53
Reservation II-C-15 Sector: Transport Sub-Sector: Transport services by sea-going or non-sea-going vessels Supporting services for water transport Any other marine activity of a commercial nature undertaken from a vessel in waters of mutual interest Industry Classification: CPC 721, 722, 745, any other marine activity of a commercial nature undertaken from a vessel Type of Reservation: Most-favoured-nation treatment Obligations Description: Cross-Border Trade in Services and International Maritime Transport Services Canada reserves the right to adopt or maintain a measure relating to the implementation of agreements, arrangements and other formal or informal undertakings with other countries with respect to maritime activities in waters of mutual interest in areas such as pollution control (including double hull requirements for oil tankers), safe navigation, barge inspection standards, water quality, pilotage, salvage, drug abuse control and maritime communications. Existing Measures:
Reservation II-C-16 Sector: Transport Sub-Sector: Industry Classification: CPC 07 Type of Reservation: Market access Description: Investment Canada reserves the right to adopt or maintain a measure relating to the number or type of legal entity which manages or operates transportation infrastructure owned or controlled by Canada. Existing Measures:
Reservation II-C-17 Sector: Transport Sub-Sector: All transportation sub-sectors, other than the following sub-sectors: Maritime container station and depot services Maritime agency services Maritime freight forwarding services Aircraft repair and maintenance services Computer reservation systems Passenger and freight transportation by railway Maintenance and repair of rail transport equipment Repair services n.e.c. of motor vehicles, trailers and semi-trailers, on a fee or contract basis Maintenance and repair services of motor vehicles Maintenance and repair services of motorcycles and snowmobiles Cargo handling services for land transport Storage and warehousing services for land transport Freight transport agency services for land transport Other supporting and auxiliary transport services for land transport Industry Classification: CPC 07, CPC 51, CPC 61, CPC 886 and any other commercial activity undertaken from, or with respect to a vessel, aircraft, motor vehicle or rail transport equipment, other than: CPC 6112 CPC 6122 CPC 7111 CPC 7112 CPC 741 (limited to land transport services) CPC 742 (limited to land transport services) CPC 7480 (limited to land transport services) CPC 7490 (limited to land transport services) CPC 8867 CPC 8868 (limited to rail transport equipment) Computer reservation system services as defined in Articles 8.1 (Definitions) and 9.1 (Definitions) Aircraft repair and maintenance services as defined Articles 8.1 (Definitions) and Article 9.1 (Definitions) Maritime container station and depot services, maritime agency services, maritime freight forwarding services as defined in Article 14.1 (Definitions) Type of Reservation: Market access Obligations Description: Investment, Cross-Border Trade in Services, and International Maritime Transport Services Canada reserves the right to adopt or maintain a measure related to the designation, establishment, expansion, or operation of monopolies or exclusive service suppliers in the transportation sector. Existing Measures:
Reservation II-C-18 Sector: Transport Sub-Sector: Supporting and auxiliary transport services Ground handling services as defined in Articles 8.1 (Definitions) and 9.1 (Definitions) Industry Classification: CPC 74, ground handling services as defined in Articles 8.1 (Definitions) and 9.1 (Definitions) Type of Reservation: Market access Description: Investment 1. Canada reserves the right to adopt or maintain a measure limiting the number of suppliers of certain supporting and auxiliary transport services related to: the handling of passengers, freight, cargo (including mail) and transportation conveyances that support transportation carriers, at airports, where physical or operational constraints arise primarily as a result of safety or security considerations. 2. For greater certainty, in the case of ground handling services, this reservation does not affect Canada's rights and obligations under the Agreement on Air Transport Between Canada and the European Community and its Member States, done at Brussels on 17 December 2009 and Ottawa on 18 December 2009. Existing Measures:
Reservation II-C-19 Sector: Business services Sub-Sector: Technical testing and analysis services Industry Classification: CPC 8676 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Canada reserves the right to adopt or maintain a measure affecting the statutory inspection and certification of vessels on behalf of Canada. 2. For greater certainty, only a person, classification society or other organisation authorised by Canada may carry out statutory inspections and issue Canadian Maritime Documents to Canadian registered vessels and their equipment on behalf of Canada. Existing Measures:
Reservation II-C-20 Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Most-favoured-nation treatment Description: Investment 1. Canada reserves the right to adopt or maintain a measure that accords differential treatment under any bilateral or multilateral international agreement in force or signed prior to January 1, 1994. 2. Canada reserves the right to adopt or maintain a measure that accords differential treatment pursuant to an existing or future bilateral or multilateral agreement relating to: (a) aviation; (b) fisheries; or (c) maritime matters, including salvage. Existing Measures: Schedule of Canada
Reservations applicable in Alberta
Reservation II-PT-1 Sector: Recreational, cultural and sporting services Sub-Sector: Gambling and betting Industry Classification: CPC 96492 Type of Reservation: Market access Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services 1. Alberta reserves the right to adopt or maintain a measure relating to lottery schemes, gaming terminals, games of chance, races, bingos, casinos, or similar activities, that: (a) limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; (b) limits the total value of transactions or assets in the form of a numerical quota or the requirement of an economic needs test; (c) limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of a quota or the requirement of an economic needs test; (d) limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or (e) restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of Alberta to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-2 Sector: Alcoholic beverages Sub-Sector: Commission agents' services, wholesale trade services, retailing services (liquor, wine and beer, liquor wine and beer stores) Manufacture of alcoholic beverages Industry Classification: CPC 24 (other than 244), 62112, 62226, 63107, 643, 88411 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Alberta reserves the right to adopt or maintain a measure in the above mentioned sector that: (a) limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; (b) limits the total value of transactions or assets in the form of a numerical quota or the requirement of an economic needs test; (c) limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of a quota or the requirement of an economic needs test; (d) limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or (e) restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of Alberta to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-3 Sector: Agriculture, forestry and fishing products Sub-Sector: Forest resource and processing Forestry and logging products Services incidental to forestry and logging Industry Classification: CPC 03, 8814 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Alberta reserves the right to adopt or maintain a measure relating to the production, processing, marketing, extraction, and development of forest resources and products derived from them, that: (a) limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; (b) limits the total value of transactions or assets in the form of a numerical quota or the requirement of an economic needs test; (c) limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of a quota or the requirement of an economic needs test; (d) limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or (e) restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of Alberta to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-4 Sector: Fisheries Sub-Sector: Fishing Services incidental to fishing Industry Classification: CPC 04, 62224, 882 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Alberta reserves the right to adopt or maintain a measure relating to the production, processing, and collective marketing of aquaculture, marine, and fish products, that: (a) limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; (b) limits the total value of transactions or assets in the form of a numerical quota or the requirement of an economic needs test; (c) limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of a quota or the requirement of an economic needs test; (d) limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or (e) restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of Alberta to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-5 Sector: Energy Sub-Sector: Services incidental to energy distribution Transport services via pipeline Production, transmission and distribution of electricity, gas, steam and hot water Crude petroleum and natural gas Industry Classification: CPC 120, 17, 713, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. Alberta reserves the right to adopt or maintain a measure relating to: (i) the exploration, production, extraction, and development of crude petroleum or natural gas; (ii) the granting of exclusive rights to operate a distribution or transportation system, including, related pipeline and marine distribution and transport services; and (iii) the production, transport, distribution, furnishing, and importation and exportation of electricity, that: (a) limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; (b) limits the total value of transactions or assets in the form of a numerical quota or the requirement of an economic needs test; (c) limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of a quota or the requirement of an economic needs test; (d) limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or (e) restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of Alberta to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservations applicable in British Columbia
Reservation II-PT-6 Sector: Energy Sub-Sector: Production, transmission, and distribution of electricity, gas, steam and hot water Crude petroleum and natural gas Petroleum gases and other gaseous hydrocarbons Transport services via pipeline Services incidental to energy distribution Industry Classification: CPC 17, 120, 334, 713, 887 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. British Columbia reserves the right to adopt or maintain a measure relating to: (i) the exploration, production, extraction, and development of crude petroleum or natural gas; (ii) rights to operate related crude petroleum or natural gas distribution or transportation systems, including, related pipeline and marine distribution and transport services; or (iii) the production, transport, distribution, furnishing, and importation and exportation of electricity, that: (a) limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service supplier, or the requirement of an economic needs test; (b) limits the total value of transactions or assets in the form of a numerical quota or the requirement of an economic needs test; (c) limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of a quota or the requirement of an economic needs test; (d) limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of an economic activity in the form of a numerical quota or the requirement of an economic needs test; or (e) restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of British Columbia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures
Reservation II-PT-7 Sector: Agriculture, forestry and fisheries products Sub-Sector: Forestry and logging products Services incidental to forestry and logging Industry Classification: CPC 03, 8814 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services 1. British Columbia reserves the right to adopt or maintain a measure relating to the production, processing, marketing, extraction, and development of forest resources and products derived from them, including the granting of licences, that: (a) limits the number of covered investments or service suppliers that may carry out a specific economic activity, whether in the form of a numerical quota, monopoly, exclusive service provider or the requirement of an economic needs test; (b) limits the total value of transactions or assets in the form of a numerical quota or the requirement of an economic needs test; (c) limits the total number of operations or the total quantity of output expressed in terms of designated numerical units in the form of a quota or the requirement of an economic needs test; (d) limits the total number of natural persons that may be employed in a sub-sector or that a covered investment may employ and who are necessary for, and directly related to, the performance of economic activity in the form of a numerical quota or the requirement of an economic needs test; or (e) restricts or requires a specific type of legal entity or joint venture through which an investor may perform an economic activity. 2. This reservation is without prejudice to the right of British Columbia to impose limitations on the participation of foreign capital when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity pursuant to Canada's Reservation I-C-2. Existing Measures