Sector: Transport Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services Industry Classification: CPC 712 Type of Reservation: National treatment Market access Description: Investment and Cross-Border Trade in Services For passenger and freight transportation, exclusive rights or authorisations may only be granted to nationals of a Member State of the EU and to juridical persons of the EU having their headquarters in the EU. Incorporation is required. Condition of nationality of a Member State of the EU for natural persons. Existing Measures:
Reservations applicable in Croatia
Sector: Agriculture, hunting Sub-Sector: Industry Classification: ISIC rev 3.1 011 , ISIC rev 3.1 012 , ISIC rev 3.1 013 , ISIC rev 3.1 014 , ISIC rev 3.1 015 , CPC 8811, CPC 8812, CPC 8813 other than advisory and consultancy services Type of Reservation: Market access National treatment Description: Investment Croatia reserves the right to adopt or maintain any measure with respect to agricultural and hunting activities. Existing Measures:
Sector: Business services Sub-Sector: Urban planning Industry Classification: CPC 8674 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services Croatia reserves the right to adopt or maintain any measure with respect to the cross-border supply of urban planning. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87305 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Croatia reserves the right to adopt or maintain any measure with respect to security consultation services and guard services. Existing Measures:
Sector: Other business services Sub-Sector: Translation and interpretation services Industry Classification: CPC 87905 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services Croatia reserves the right to adopt or maintain any measure with respect to the cross-border supply of translation and interpretation of official documents. Existing Measures
Sector: Transport services Sub-Sector: Road transport services Industry Classification: CPC 7111 and CPC 7112 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services Measures applied under existing or future agreements on international road transport and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of transport services into, in, across and out of Croatia to the parties concerned. Existing Measures:
Sector: Transport services Sub-Sector: Services auxiliary to all modes of transport Industry Classification: CPC 741, CPC 742, CPC 743, CPC 744, CPC 745, CPC 746, CPC 749 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Cross-Border Trade in Services Croatia reserves the right to adopt or maintain any measure with respect to the cross-border supply of services auxiliary to transport other than freight transport agency services, transportation document preparation services and supporting services for road transport that are subject to permit. Existing Measures:
Reservations applicable in Cyprus
Sector: Business services Sub-Sector: Executive search Placement services Supply services of office support personnel Industry Classification: CPC 87201, CPC 87202, CPC 87203 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Cyprus reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Cyprus reserves the right to adopt or maintain any measure with regard to the supply of security services. Existing Measures:
Sector: Education services Sub-Sector: Industry Classification: CPC 921, CPC 922, CPC 923, CPC 924 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Cyprus reserves the right to adopt or maintain any measure with respect to the supply of privately funded primary, secondary, higher, and adult education services. Existing Measures:
Sector: Health services Sub-Sector: Hospital services Ambulance services Residential health services other than hospital services Industry Classification: CPC 9311, CPC 93192, CPC 93193 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Cyprus reserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services. Existing Measures:
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Cyprus reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes. Existing Measures:
Sector: Energy Sub-Sector: Industry Classification: ISIC rev 3.1 232 , ISIC rev 3.1 4010, ISIC rev 3.1 4020, CPC 613, CPC 62271, CPC 63297, CPC 7131, CPC 742, and CPC 887 (other than advisory and consulting services) Type of Reservation: National treatment Market access Senior management and boards of directors Performance requirements Description: Investment and Cross-Border Trade in Services Cyprus reserves the right to adopt or maintain any measure limiting the cross-border supply of and requiring establishment for storage and warehousing services of fuels transported through pipelines, and the retail sales of fuel oil and bottled gas other than by mail order. Cyprus reserves the right to adopt or maintain any measure with respect to the manufacture of refined petroleum products in so far as the investor is controlled by a natural or juridical person of a non-EU country which accounts for more than 5 per cent of the EU's oil or natural gas imports, as well as to the manufacture of gas, distribution of gaseous fuels through mains on own account, the production, transmission and distribution of electricity, the pipeline transportation of fuels, services incidental to electricity and natural gas distribution other than advisory and consulting services, wholesale services of electricity, retailing services of motor fuel, electricity and non-bottled gas. Existing Measures: The Regulating of the Electricity Market Laws of 2003 to 2008 (arts. 34(2) and 37) The Regulating of the Gas Market Laws of 2004 to 2007 The Petroleum (Pipelines) Law, Chapter 273 of the Constitution of the Republic of Cyprus The Petroleum Law L.64(I)/1975 The Petroleum and Fuel Specifications Laws of 2003 to 2009
Reservations applicable in the Czech Republic
Sector: Business services Sub-Sector: Real estate services Industry Classification: CPC 821, CPC 822 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services The Czech Republic reserves the right to adopt or maintain any measure with respect to the cross-border supply of real estate services. Existing Measures:
Sector: Business services Sub-Sector: Auction services Industry Classification: part of CPC 612, part of CPC 621, part of CPC 625, part of 85990 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services Auction services in the Czech Republic are subject to licence. To obtain a licence (for the supply of voluntary public auctions), a company must be incorporated in the Czech Republic and a natural person is required to obtain a residency permit, and the company, or natural person must be registered in the Commercial Register of the Czech Republic. Existing Measures: Act no.455/1991 Coll., Trade Licence Act Act no. 26/2000 Coll., on public auctions
Sector: Business services Sub-Sector: Auditing services Industry Classification: CPC 86211, CPC 86212 other than accounting services Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment Only an enterprise in which at least 60 per cent of capital interests or voting rights are reserved to nationals of the Czech Republic or of the Member States of the EU may be authorised to carry out audits in the Czech Republic. Existing Measures: Law of 14 April 2009 no. 93/2009 Coll., on Auditors
Sector: Business services Sub-Sector: Executive search Placement services Supply services of office support personnel Industry Classification: CPC 87201, CPC 87202, CPC 87203 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The Czech Republic reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel. The Czech Republic reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The Czech Republic reserves the right to adopt or maintain any measure with regard to the supply of security services. Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist. Existing Measures:
Sector: Education services Sub-Sector: Industry Classification: CPC 921, CPC 922, CPC 923, CPC 924 Type of Reservation: Senior management and boards of directors Description: Investment and Cross-Border Trade in Services In the Czech Republic,the majority of the members of the board of directors of an establishment providing privately-funded education services must be nationals of the Czech Republic. Existing Measures:
Sector: Health services Sub-Sector: Hospital services Ambulance services Residential health services other than hospital services Industry Classification: CPC 9311, CPC 93192, CPC 93193 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment The Czech Republicreserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services. Existing Measures: Act No. 372/2011 Sb. on Health Care Services and Conditions of Their Provision
Sector: Health services Sub-Sector: Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services Other health-related services Industry Classification: CPC 9312, part of CPC 9319 Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services The Czech Republic reserves the right to adopt or maintain any measure with regard to the supply of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, as well as other health-related services relating to the handling of human tissues, organs and cells intended for use in man. Existing Measures: Act No 296/2008 Coll., on Safeguarding the Quality and Safety of Human Tissues and Cells Intended for Use in Man (‘Act on Human Tissues and Cells’) Act No 378/2007 Coll., on Pharmaceuticals and on Amendments to Some Related Acts (Act on Pharmaceuticals) Act. 123/2000 Coll., on Medical Devices Act. 285/2002 Coll., on the Donating, Taking and Transplanting of Tissues and Organs and on Amendment to Certain Acts (Transplantation Act)
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment The Czech Republicreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services. Existing Measures
Sector: Rail transport Sub-Sector: Industry Classification: CPC7111, CPC 7112 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services Measures that are taken under existing or future agreements, and which regulate traffic rights and operating conditions, and the supply of transport services in the territory of Bulgaria, the Czech Republic and Slovakia and between the countries concerned. Existing Measures:
Sector: Road transport Sub-Sector: Industry Classification: CPC 7121, CPC 7122, CPC 7123 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services Measures that are taken under existing or future agreements, and which reserve or limit the supply of transport services and specify operating conditions, including transit permits or preferential road taxes of transport services into, in, across and out of the Czech Republic to the contracting parties concerned. Existing Measures:
Reservations applicable in Denmark
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic cooperation, such as: (a) financial support to research and development (R&D) projects (the Nordic Industrial Fund); (b) funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and (c) financial assistance to companies (3) utilizing environmental technology (the Nordic Environment Finance Corporation). This reservation is without prejudice to the exclusion of procurement by a Party, subsidies, or governmental support for trade in services in Arts. 8.15.5(a) and (b), and 9.2.2(f) and (g) respectively. Existing Measures:
Sector: Fishing Aquaculture Services incidental to fishing Sub-Sector: Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882 Type of Reservation: Market access National treatment Most-favoured-nation treatment Performance requirements Senior management and boards of directors Description: Investment Non-EU residents cannot own one-third or more of a business engaged in commercial fishing in Denmark. Non-EU residents cannot own Danish flag vessels except through a company incorporated in Denmark. For a company to register its vessel as a Danish fishing vessel, at least two-thirds of the owners of the company must be registered as fishermen having an ‘A’ status fishing licence, or two-thirds of the shares of the company must be owned by another company which is entirely owned by fishermen having an ‘A’ status licence. To obtain an ‘A’ status fishing licence, a natural person must have lived in Denmark for two years prior to the request to obtain a licence or hold Danish citizenship. These restrictions do not apply to persons within the EU or Member States of the EEA. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Denmark reserves the right to adopt or maintain any measure with regard to the supply of airport guard services. In order to provide security services in Denmark, it is a requirement to be a national juridical person. Existing Measures:
Sector: Financial services Sub-Sector: Insurance Type of Reservation: Market access National treatment Cross-Border supply of financial services Description: Financial Services No persons or companies (including insurance companies) may, for business purposes in Denmark, assist in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed by Danish law or by Danish competent authorities. Existing Measures:
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Denmark reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes. Existing Measures:
Reservations applicable in Estonia
Sector: All sectors Sub-Sector: Acquisition of real estate Industry Classification: Type of Reservation: National treatment Description: Investment Only a natural person who is an Estonian citizen or the citizen of a Member State of the EEA, or a legal person who is entered in the appropriate Estonian register, may acquire an immovable used for profit yielding land, the land use type categories of which include agricultural or forest land, and only with the authorisation of the county governor. This reservation does not apply to the acquisition of agricultural or forest land for the purposes of providing a service which is liberalised under this agreement. Existing Measures: Kinnisasja omandamise kitsendamise seadus (Restrictions on Acquisition of Immovables Act) Chapters 2 and 3
Sector: Business services Sub-Sector: Executive search Placement services Supply services of office support personnel Industry Classification: CPC 87201, CPC 87202, CPC 87203 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Estonia reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel. Estonia reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Estonia reserves the right to adopt or maintain any measure with regard to the supply of security services. Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist. Existing Measures:
Sector: Financial services Sub-Sector: Banking and other financial services (excluding insurance) Type of Reservation: Market access National treatment Cross-Border supply of financial services Description: Financial Services For acceptance of deposits, requirement of authorisation by the Estonian Financial Supervision Authority and registration under Estonian law as a joint-stock company, a subsidiary or a branch. Existing Measures: Krediidiasutuste seadus (Credit Institutions Act) § 20.6.
Sector: Transport Sub-Sector: Maritime transport Road transport Rail transport Industry Classification: Part of CPC 711, part of CPC 712, part of CPC 721 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services Estonia reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to existing or future bilateral agreements on international road transport (including combined transport-road or rail), reserving or limiting the supply of a transport services into, in, across and out of Estonia to the contracting Parties to vehicles registered in each contracting Party, and providing for tax exemption for such vehicles. Existing Measures:
Reservations applicable in Finland
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Market access Description: Investment and Cross-Border Trade in Services Restrictions on the right for natural persons, who do not enjoy regional citizenship in Åland, and for legal persons, to acquire and hold real property on the Åland Islands without obtaining permission from the competent authorities of the Åland Islands. Restrictions on the right of establishment and right to carry out economic activities by natural persons, who do not enjoy regional citizenship in Åland, or by any enterprise, without obtaining permission from the competent authorities of the Åland Islands. Existing Measures: Ahvenanmaan maanhankintalaki (Act on land acquisition in Åland) (3/1975), s. 2 Ahvenanmaan itsehallintolaki (Act on the Autonomy of Åland) (1144/1991), s. 11
Sector: All services Sub-Sector: Electronicidentification services Industry Classification: Type of Reservation: Market access Description: Cross-Border Trade in Services Finland reserves the right to require establishment in Finland, or elsewhere in the EEA in order to provide electronic identification services. Existing Measures: Laki vahvasta sähköisestä tunnistamisesta ja sähköisistä allekirjoituksista (Act on Strong Electronic Identification and Electronic Signatures) 617/2009
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services Measures taken by Denmark, Sweden and Finland aimed at promoting Nordic cooperation, such as: (a) financial support to R&D projects (the Nordic Industrial Fund); (b) funding of feasibility studies for international projects (the Nordic Fund for Project Exports); and (c) financial assistance to companies (4) utilizing environmental technology (the Nordic Environment Finance Corporation). This reservation is without prejudice to the exclusion of procurement by a Party, subsidies, or governmental support for trade in services in Arts. 8.15.5 (a) and (b), and 9.2.2 (f) and (g) respectively. Existing Measures:
Sector: Manufacture of nuclear fuel, electricity, gas and water supply Sub-Sector: Nuclear based electricity generation Processing of nuclear material and fuel Transportation or handling of nuclear material Industry Classification: ISIC rev 3.1 233, ISIC rev 3.1 40 Type of Reservation: National treatment Market access Description: Investment Finland reserves the right to adopt or maintain any measure with respect to the processing, distribution or transportation of nuclear material and generation of nuclear-based energy. Existing Measures: Ydinenergialaki (Nuclear Energy Act) (990/1987)
Sector: Business services Sub-Sector: Executive search Placement services of office support personnel and other workers Supply services of office support personnel Industry Classification: CPC 87201, CPC 87202, CPC 87203 Type of Reservation: National treatment Market access Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Finland reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel. Finland reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel and other workers. Existing Measures: Laki julkisesta työvoima- ja yrityspalvelusta (Act on Public Employment and Enterprise Service) (916/2012)
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 Description: Cross-Border Trade in Services The supply of security services by a foreign provider on a cross-border basis is not allowed. Licences to provide security services may be granted only to natural persons resident in the EEA or juridical persons established in the EEA. Existing Measures: Laki yksityisistä turvallisuuspalveluista (Private Security Services Act) 282/2002
Sector: Distribution services Sub-Sector: Distribution of alcoholic beverages Industry Classification: Part of CPC 62112, CPC 62226, CPC 63107, CPC 8929 Type of Reservation: National treatment Market access Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Finland reserves the right to adopt or maintain any measure with respect to the distribution of alcoholic beverages. Existing Measures: Alkoholilaki (Alcohol Act) (1143/1994)
Sector: Distribution services Sub-Sector: Distribution of pharmaceutical products Industry Classification: CPC 62117, CPC 62251, CPC 63211, CPC 8929 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Finland reserves the right to adopt or maintain any measure with regard to distribution of pharmaceutical products. Existing Measures: Lääkelaki (Medicine Act) (395/1987)
Sector: Energy Sub-Sector: Transmission and distribution networks and systems Importation, wholesale and retail of electricity Production and distribution of gas, steam and hot water Industry Classification: ISIC rev 3.1 40, CPC 7131, CPC 887 (other than advisory and consultancy services) Type of Reservation: Market access National treatment Senior management and boards of directors Performance requirements Description: Investment and Cross-Border Trade in Services Finland reserves the right to adopt or maintain any measure with regard to transmission and distribution networks and systems of energy and of steam and hot water. Finland reserves the right to prevent control or ownership of a liquefied natural gas (LNG) terminal (including those parts of the LNG terminal used for storage or re-gasification of LNG) by foreign persons or enterprises for energy security reasons. Finland reserves the right to adopt or maintain any measure with regard to the importation, wholesale and retail of electricity. Finland reserves the right to adopt or maintain quantitative restrictions in the form of monopolies or exclusive rights for the importation of natural gas, and for the production and distribution of steam and hot water. Currently, natural monopolies and exclusive rights exist. Existing Measures: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000) Sähkömarkkinalaki (Electricity Market Act) (386/1995)
Sector: Education services Sub-Sector: Industry Classification: CPC 921, CPC 922, CPC 923, CPC 924 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Finland reserves the right to adopt or maintain any measure with respect to the supply of privately funded primary, secondary, higher, and adult education services. Existing Measures: Perusopetuslaki (Basic Education Act) (628/1998) Lukiolaki (General Upper Secondary Schools Act) (629/1998) Laki ammatillisesta koulutuksesta (Vocational Training and Education Act) (630/1998) Laki ammatillisesta aikuiskoulutuksesta (Vocational Adult Education Act) (631/1998) Ammattikorkeakoululaki (Polytechnics Act) (351/2003) Yliopistolaki (Universities Act) (558/2009)
Sector: Health services Sub-Sector: Hospital services Ambulance services Residential health services other than hospital services Other human health services Industry Classification: CPC 9311, CPC 93192, CPC 93193, CPC 93199 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Finlandreserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, residential health services other than hospital services, and other human health services. Existing Measures: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990)
Sector: Health services Sub-Sector: Health-related professions: medical and dental services, services provided by midwives, physiotherapeutic and para-medical services, services provided by psychologists Industry Classification: CPC 9312, CPC 93191 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Finland reserves the right to adopt or maintain any measure with respect to the supply of all health-related professional services, whether publicly or privately funded, including medical and dental services, services provided by midwives, physiotherapists and paramedical personnel, and services provided by psychologists. This reservation does not apply to services provided by nurses. Existing Measures: Laki yksityisestä terveydenhuollosta (Act on Private Health Care) (152/1990)
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Finlandreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services. Existing Measures: Laki yksityisistä sosiaalipalveluista (Private Social Services Act) (922/2011).
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 Senior management and boards of directors Description: Financial Services The supply of insurance broker services is subject to a permanent place of business in the EU. Only insurers having a head office in the EU or having a branch in Finland may offer direct insurance services, including co-insurance. At least one half of the members of the board of directors and the supervisory board, the managing director of an insurance company providing statutory pension insurance shall have their place of residence in the EEA, unless the competent authorities have granted an exemption. Foreign insurers cannot obtain a licence in Finland as a branch to carry on statutory pension insurance. At least one auditor shall have his permanent residence in the EEA. For other insurance companies, residency in the EEA is required for at least one member of the board of directors and the supervisory board and the managing director. At least one auditor shall have his permanent residence in the EEA. The general agent of an insurance company of Canada must have his place of residence in Finland, unless the company has its head office in the EU. Existing Measures: Laki ulkomaisista vakuutusyhtiöistä (Act on Foreign Insurance Companies) (398/1995) Vakuutusyhtiölaki (Insurance Companies Act) (521/2008) Laki vakuutusedustuksesta (Act on Insurance Mediation) (570/2005) Laki työeläkevakuutusyhtiöistä (Act on Companies providing statutory pension insurance) (354/1997)
Sector: Financial services Sub-Sector: Banking and other financial services Industry Classification: Type of Reservation: National treatment Senior management and boards of directors Cross-Border supply of financial services Description: Financial Services At least one of the founders, the members of the board of directors, the supervisory board, the managing director of banking services providers and the person entitled to sign the name of the credit institution shall have their permanent residence in the EEA. At least one auditor shall have his permanent residence in the EEA. For payment services, residency or domicile in Finland may be required. Existing Measures: Laki liikepankeista ja muista osakeyhtiömuotoisista luottolaitoksista (Act on Commercial Banks and Other Credit Institutions in the Form of a Limited Company) (1501/2001) Säästöpankkilaki (1502/2001) (Savings Bank Act) Laki osuuspankeista ja muista osuuskuntamuotoisista luottolaitoksista (1504/2001) (Act on Cooperative Banks and Other Credit Institutions in the Form of a Cooperative Bank) Laki hypoteekkiyhdistyksistä (936/1978) (Act on Mortgage Societies) Maksulaitoslaki (297/2010) (Act on Payment Institutions) Laki ulkomaisen maksulaitoksen toiminnasta Suomessa (298/2010) (Act on the Operation of Foreign Payment Institution in Finland) Laki luottolaitostoiminnasta (Act on Credit Institutions) (121/2007)
Sector: Transport Sub-Sector: Passenger or freight transport by rail Industry Classification: CPC 7111, CPC 7112 Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services Finland reserves the right to adopt or maintain any measure with respect to cross-border supply of rail transport. With regard to establishment of rail passenger transport services, currently, there are exclusive rights (granted to VR-Group Ltd that is 100 per cent owned by the State) until 2017 in Helsinki Metropolitan Area and elsewhere until 2019 in this field, which may be renewed. Existing Measures: Rautatielaki (Railway Act) (304/2011)
Sector: Fishing Aquaculture Services incidental to fishing Sub-Sector: Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882 Type of Reservation: National treatment Market access Description: Investment Commercial fishing can only be exercised by vessels flying the flag of Finland. Additional requirements may apply, which relate, inter alia, to ownership of the vessel and the existence of a sufficient connection to the fishing industry of Finland. Existing Measures: Merilaki (Maritime Act) 674/1994 Kalastuslaki (Fishing Act) 286/1982 Laki merellä toimivien kalastus- ja vesiviljelyalusten rekisteröinnistä (Act on Registration of Sea-going vessels engaged in Fishing and Aquaculture) 690/2010
Sector: Transport Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services Industry Classification: CPC 712 Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services Authorisation is required to provide road transport services, which is not extended to foreign registered vehicles. Existing Measures: Laki kaupallisista tavarankuljetuksista tiellä (Act on Commercial Road Transport) 693/2006 Ajoneuvolaki (Vehicles Act) 1090/2002
Sector: Transport Sub-Sector: Maritime transport Road transport Rail transport Industry Classification: Part of CPC 711, part of CPC 712, part of CPC 721 Type of Reservation: Most-favoured-nation treatment Obligations Description: Investment, Cross-Border Trade in Services and International Maritime Transport Services Finland reserves the right to adopt or maintain any measure which accords differential treatment to a country pursuant to existing or future bilateral agreements exempting vessels registered under the foreign flag of a specified other country or foreign registered vehicles from the general prohibition from providing cabotage transport (including combined transport, road and rail) in Finland on the basis of reciprocity. Existing Measures:
Reservations applicable in France
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Types of establishment — Pursuant to arts. L151-1 and R153-1 of the financial and monetary code, foreign investments in France in sectors listed in art. R153-2 of the financial and monetary code are subject to prior approval from the Minister for the Economy. Existing Measures: Financial and monetary code, arts. L151-1, R153-1
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: National treatment Senior management and boards of directors Measures: Description: Investment Types of establishment — France reserves the right to limit foreign participation in newly privatised companies to a variable amount, determined by the government of France on a case by case basis, of the equity offered to the public. For establishing in certain commercial, industrial or artisanal activities, a specific authorisation is needed if the managing director is not a holder of a permanent residence permit. Existing Measures
Sector: Fishing Aquaculture Services incidental to fishing Sub-Sector: Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882 Type of Reservation: National treatment Market access Description: Investment Nationals of non-EU countries cannot participate in French maritime State property for fish, shellfish or algae farming. Existing Measures:
Sector: Business services Sub-Sector: Placement services Supply services of office support personnel Industry Classification: CPC 87202, CPC 87203 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services France reserves the right to restrict the number of suppliers of placement services. These services are subject to a state monopoly. France reserves the right to require establishment and to prohibit the cross-border supply of supply services of office support personnel. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services The supply of security services by a foreign provider on a cross-border basis is not allowed. Nationality requirement for managing directors and directors. Existing Measures:
Sector: Financial services Sub-Sector: Insurance Type of Reservation: Cross-Border supply of financial services Description: Financial Services Insurance of risks relating to ground transport may be underwritten only by insurance firms established in the EU. Existing Measures: Art. L 310-10 du code des assurances
Sector: Health services Sub-Sector: Laboratory analysis and testing Industry Classification: Part ofCPC 9311 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services France reserves the right to adopt or maintain any measure with regard to the supply of privately funded laboratory analysis and testing services. Existing Measures: Art. L 6213-1 à 6213-6 du Code de la Santé Publique
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Francereserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes.
Sector: Tourism and travel related services Sub-Sector: Tourist guides services Industry Classification: CPC 7472 Type of Reservation: National treatment Description: Cross-Border Trade in Services France reserves the right to require nationality of a Member State of the EU for the supply of tourist guide services in its territory. Existing Measures: None
Sector: News and press agency services Sub-Sector: Industry Classification: CPC 962 Type of Reservation: Market access National treatment Description: Investment Foreign participation in existing companies publishing publications in the French language may not exceed 20 per cent of the capital or of voting rights in the company. Establishment of press agencies of Canada is subject to conditions set out in domestic regulation. Establishment of press agencies by foreign investors is subject to reciprocity. Existing Measures: Ordonnance no 45-2646 du 2 novembre 1945 portant règlementation provisoire des agences de presse Loi no 86-897 du 1 août 1986 portant réforme du régime juridique de la presse
Sector: Energy Sub-Sector: Electricity and gas transmission systems Oil and gas pipeline transport Industry Classification: ISIC rev 3.1 401 , ISIC rev 3.1 402 , CPC 7131,CPC 887 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services France reserves the right to adopt or maintain any measure with regard to electricity and gas transmission systems and oil and gas pipeline transport. Only companies where 100 per cent of the capital is held by the French State, by another public sector organisation or by EDF, may own and operate electricity transmission or distribution systems. Only companies where 100 per cent of the capital is held by the French State, by another public sector organisation or by GDF-Suez, may own and operate gas transmission or distribution systems for reasons of national energy security. Existing Measures: Loi No 2004-803 du 9 août 2004 relative au service public de l'électricité et du gaz et aux entreprises électriques et gazières Loi N°2005-781 du 13 juillet 2005 Loi N°2000-108 du 10 février 2000
Sector: Production of electricity Industry Classification: ISIC rev 3.1 4010 Type of Reservation: Market access Description: Investment France reserves the right to adopt or maintain any measure with respect to the production of electricity. Existing Measures:
Sector: Manufacturing, production, processing, generation, distribution or transportation of nuclear material Sub-Sector: Nuclear based electricity generation Processing of nuclear material and fuel Transportation or handling of nuclear material Industry Classification: ISIC rev 3.1 12, ISIC rev 3.1 23, ISIC rev 3.1 40, ISIC rev 3.1 1200, ISIC rev 3.1 2330, part of ISIC rev 3.1 4010 Type of Reservation: Market access National treatment Description: Investment The manufacturing, production, processing, generation, distribution or transportation of nuclear material must respect the obligations of the Euratom-Canada agreement. Existing Measures:
Sector: Rental or leasing services without operators Sub-Sector: Other rental or leasing services without operators Industry Classification: CPC 832 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services France reserves the right to adopt or maintain any measure with regard to the supply of other rental or leasing services without operator. Existing Measures:
Sector: Transport Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services Industry Classification: CPC 712 Type of Reservation: Market access National treatment Description: Investment Foreign investors are not allowed to provide intercity bussing services. Existing Measures:
Reservations applicable in Germany
Sector: Fishing Aquaculture Services incidental to fishing Sub-Sector: Industry Classification: ISIC rev 3.1 0501, 0502, CPC 882 Type of Reservation: National treatment Market access Senior management and boards of directors Description: Investment The majority of shares must be owned by citizens of a Member State of the EU or companies established in accordance with EU rules and that have their principal place of business in a Member State of the EU. The use of the vessels must be headed and supervised by persons residing in Germany. In order to obtain a fishing licence, all fishing vessels must register with the relevant coastal states in which the ships have their home ports. Existing Measures:
Sector: Environmental services Sub-Sector: Waste management: sewage, refuse disposal, and sanitation services Industry Classification: CPC 9401, CPC 9402, CPC 9403 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services Germany reserves the right to adopt or maintain any measure prohibiting the cross-border supply of services and requiring establishment with respect to the supply of waste management services, other than advisory services. Germany reserves the right to adopt or maintain any measure relating to the designation, establishment, expansion, or operation of monopolies or exclusive services suppliers providing waste management services. Existing Measures:
Sector: Environmental services Sub-Sector: Soil management Industry Classification: CPC 94060 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services Germany reserves the right to adopt or maintain any measure prohibiting the cross-border supply of services and requiring establishment with respect to services relating to the protection of soil and the management of contaminated soils, other than advisory services. Germany reserves the right to adopt or maintain any measure relating to the designation, establishment, expansion, or operation of monopolies or exclusive services suppliers providing soil management and protection services. Existing Measures:
Sector: Financial services Sub-Sector: Insurance Type of Reservation: Market access National treatment Cross-Border supply of financial services Description: Financial Services Compulsory air insurance policies can be underwritten only by a subsidiary established in the EU or by a branch established in Germany. Existing Measures: §§ 105 ff ‘Versicherungsaufsichtsgesetz’ (VAG), insbesondere § 105 Abs. 2 VAG: ‘Versicherungsunternehmen eines Drittstaates, die im Inland das Erst- oder Rückversicherungsgeschäft durch Mittelspersonen betreiben wollen, bedürfen der Erlaubnis.’
Sector: Financial services Sub-Sector: Insurance Type of Reservation: Market access National treatment Cross-Border supply of financial services Description: Financial Services If a foreign insurance company has established a branch in Germany, it may conclude insurance contracts in Germany relating to international transport only through the branch established in Germany. Existing Measures: § 43 Abs. 2 Luftverkehrsgesetz (LuftVG) und § 105 Abs. 1 Luftverkehrszulassungsordnung (LuftVZO)
Sector: Other business services Sub-Sector: Placement and supply services of personnel Industry Classification: CPC 87201, CPC 87202, CPC 87203, CPC 87204, CPC 87205, CPC 87206, CPC 87209 Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services Germany reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services. Germany reserves the right to restrict the number of suppliers of placement services. Authorisation is subject to an economic needs test. Main criteria: situation and development of the labour market. Germany reserves the right to introduce or maintain a monopoly of the Federal Labour Agency (Bundesagentur für Arbeit). Pursuant to Sec. 292 Social Code Book III (Drittes Buch Sozialgesetzbuch — SGB III), the Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of extra-EU and extra-EEA personnel for specified professions. Existing Measures: § 292 Social Code Book III (Drittes Buch Sozialgesetzbuch)
Sector: Health and social services Sub-Sector: Industry Classification: CPC 93 Type of Reservation: Market access National treatment Most-favoured-nation treatment Performance requirements Senior management and boards of directors Description: Investment Germany reserves the right to adopt or maintain any measure with regard to the supply of the Social Security System of Germany, where services may be provided by different companies or entities involving competitive elements which are thus not ‘Services carried out exclusively in the exercise of governmental authority’. Germany reserves the right to accord better treatment in the context of a bilateral trade agreement with regard to the supply of health and social services. Existing Measures:
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Germany reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes. Germany reserves the right to adopt or maintain any measure regarding the Social Security System of Germany, where services are provided by different companies or entities involving competitive elements and might therefore not fall under the definition of the ‘Services carried out exclusively in the exercise of governmental authority’. Existing Measures:
Sector: Health services Sub-Sector: Hospital services Industry Classification: CPC 93110 Type of Reservation: Market access National treatment Description: Investment Germany reserves the right to maintain national ownership of privately funded hospitals run by the German Forces. Germany reserves the right to nationalise other key privately funded hospitals. Existing Measures:
Sector: Recreational, cultural and sporting services Sub-Sector: Entertainment services, including theatre, live bands and circus services Libraries, archives and museums and other cultural services Industry Classification: CPC 96, other than CPC 962 and CPC 964 and audiovisual services 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 Germany reserves the right to adopt or maintain any measure prohibiting the cross-border supply of services irrespective of their mode of production, distribution, or transmission and requiring establishment with respect to entertainment services, with the exception of audiovisual services which are not subject to liberalisation under this agreement. Germany reserves the right to adopt or maintain any measure with respect to the supply of libraries, archives, museums and other cultural services. Existing Measures:
Sector: Energy Sub-Sector: Nuclear-based electricity generation Processing of nuclear material and fuel Transportation or handling of nuclear material Industry Classification: ISIC rev 3.1 120, ISIC rev 3.1 40, CPC 887. Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Germany reserves the right to adopt or maintain any measure with respect to the processing or transportation of nuclear material and generation of nuclear-based energy. Existing Measures:
Sector: Rental or leasing of vessels Sub-Sector: Industry Classification: CPC 7213, CPC 7223, CPC 83103 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services Chartering-in of foreign ships by consumers resident in Germany may be subject to a condition of reciprocity. Existing Measures:
Sector: Other services not included elsewhere Sub-Sector: Funeral, cremation and undertaking services Industry Classification: CPC 9703 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Germany reserves the right to adopt or maintain any measure with respect to funeral, cremation and undertaking services. Only juridical persons established under public law may operate a cemetery. The creation and operation of cemeteries and services related to funerals are carried out as governmental services. Existing Measures:
Reservations applicable in Greece
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Greece reserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes. Existing Measures:
Reservations applicable in Hungary
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment Hungary reserves the right to adopt or maintain any measure with respect to the acquisition of state-owned properties. Existing Measures:
Sector: All sectors Sub-Sector: Legal entities Industry Classification: Type of Reservation: Market access Measures: Description: Investment Commercial presence should take a form of limited liability company, joint-stock company or representative office. Initial entry as a branch is not permitted except for financial services. Existing Measures:
Sector: All sectors Sub-Sector: Acquisition of arable land Industry Classification: Type of Reservation: National treatment Market access Description: Investment Hungary reserves the right to adopt or maintain any measure with regard to the acquisition of arable land by foreign legal persons and non-resident natural persons, including with regard to the authorisation process for the acquisition of arable land. Existing Measures: Act CXXII of 2013 concerning agricultural and forestry land trade Act CCXII of 2013 laying down certain provisions and transition rules in connection with Act No CXXII of 2013 concerning agricultural and forestry land trade
Sector: Agriculture Sub-Sector: Industry Classification: ISIC rev 3.1 011 , ISIC rev 3.1 012 , ISIC rev 3.1 013 , ISIC rev 3.1 014 , ISIC rev 3.1 015 other than advisory and consultancy services Type of Reservation: Market access National treatment Description: Investment Hungary reserves the right to adopt or maintain any measures with respect to agricultural activities. Existing Measures:
Sector: Business services Sub-Sector: Accounting, bookkeeping and auditing services Industry Classification: CPC 86211, CPC 86212, CPC 86220 Type of Reservation: Market access Description: Cross-Border Trade in Services Hungary reserves the right to adopt or maintain any measure with respect to cross-border activities for accounting, bookkeeping and auditing services. Existing Measures: Act C of 2000, Act LXXV of 2007
Sector: Business services Sub-Sector: Real estate services Industry Classification: CPC 821, CPC 822 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services Hungary reserves the right to adopt or maintain any measure with respect to the cross-border supply of real estate services. Existing Measures:
Sector: Business services Sub-Sector: Services incidental to manufacturing Services incidental to energy distribution Industry Classification: Part of CPC 884, CPC 887 other than advisory and consulting services Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services Hungary reserves the right to adopt or maintain any measure with respect to services incidental to energy distribution, and to the cross-border supply of services incidental to manufacturing, with the exception of advisory and consulting services relating to these sectors. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87304, CPC 87305 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services Hungary reserves the right to adopt or maintain any measure with regard to the supply of armoured car services and guard services. Existing Measures:
Sector: Business services Sub-Sector: Duplicating services Industry Classification: CPC 87904 Type of Reservation: Market access Description: Cross-Border Trade in services Hungary reserves the right to require establishment for the supply of duplicating services. Existing Measures:
Sector: Financial services Sub-Sector: Insurance Type of Reservation: Market access National treatment Cross-Border supply of financial services Description: Financial Services The supply of direct insurance in the territory of Hungary by insurance companies not established in the EU is allowed only through a branch office registered in Hungary. Existing Measures: Act LX of 2003
Sector: Health services Sub-Sector: Hospital, ambulance and residential health services other than hospital services Industry Classification: CPC 9311, CPC 93192, CPC 93193 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services Hungary reserves the right to adopt or maintain any measure requiring the establishment or physical presence in its territory of suppliers and restricting the cross-border supply from outside its territory of all hospital, ambulance, and residential health services other than hospital services, which receive public funding. Existing Measures:
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Hungaryreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services Existing Measures:
Sector: Recreational, cultural and sporting agencies Sub-Sector: News and press agencies services Industry Classification: CPC 962 Type of Reservation: Market access Description: Cross-Border Trade in Services Hungary reserves the right to adopt or maintain any measure with respect to the supply of news and press agencies services. Existing Measures: None
Sector: Manufacturing of electricity, gas and water supply Sub-Sector: Nuclear based electricity generation Processing of nuclear fuel Industry Classification: ISIC rev 3.1 2330, part of ISIC rev 3.1 4010 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Hungary reserves the right to adopt or maintain any measure with respect to the processing of nuclear fuel and nuclear-based electricity generation. Existing Measures: Act CXVI of 1996 on Nuclear Energy, Government Decree Nr. 72/2000 on Nuclear Energy
Sector: Energy services Sub-Sector: Pipeline transportation of fuels Industry Classification: CPC 7131 Type of Reservation: Market access Description: Investment and Cross-Border Trade in Services The supply of pipeline transport services requires establishment. Services may be provided through a Contract of Concession granted by the state or the local authority. The supply of this service is regulated by the Hungarian Concession Law. Existing Measures: Act XVI of 1991 about Concessions
Reservations applicable in Ireland
Sector: Business services Sub-Sector: Executive search Supply services of office support personnel Industry Classification: CPC 87201, CPC 87203 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Cross-Border Trade in Services Ireland reserves the right to require establishment and to prohibit the cross-border supply of executive search services. Ireland reserves the right to require establishment and to prohibit the cross-border supply of supply services of office support personnel. Existing Measures:
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Irelandreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes. Existing Measures:
Sector: Transport Sub-Sector: Road transport: passenger transportation Industry Classification: CPC 7121, CPC 7122 Type of Reservation: Market access Description: Investment Economic needs test for intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment. Existing Measures: Public Transport Regulation Act 2009
Reservations applicable in Italy
Sector: All sectors Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Description: Investment The Government may exercise certain special powers in enterprises operating in the areas of defence and national security, and in certain activities of strategic importance in the areas of energy, transport and communications. This relates to all juridical persons carrying out activities considered of strategic importance in the areas of defence and national security, not only to privatised companies. Where there is a threat of serious injury to the essential interests of defence and national security, the Government has following special powers: (a) to impose specific conditions in the purchase of shares; (b) to veto the adoption of resolutions relating to special operations such as transfers, mergers, splitting up, and changes of activity; or (c) to reject the acquisition of shares, where the buyer seeks to hold a level of participation in the capital that is likely to prejudice the interests of defence and national security. Any resolution, act and transaction (transfers, mergers, splitting up, change of activity, termination) relating to strategic assets in the areas of energy, transport and communications shall be notified by the concerned company to the Prime Minister's office. In particular, acquisitions by any physical or juridical person outside the EU that give this person control over the company shall be notified. The Prime Minister may exercise the following special powers: (a) to veto any resolution, act and transaction that constitutes an exceptional threat of serious injury to the public interest in the security and operation of networks and supplies; (b) to impose specific conditions in order to guarantee the public interest; or (c) to reject an acquisition in exceptional cases of risk to the essential interests of the State. The criteria on which to evaluate the real or exceptional threat and conditions and procedures for the exercise of the special powers are laid down in the law. Existing Measures: Law 56/2012 on special powers in companies operating in the field of defence and national security, energy, transport and communications Decree of the Prime Minister DPCM 253 of 30.11.2012 defining the activities of strategic importance in the field of defence and national security
Sector: Fishing Aquaculture Services incidental to fishing Sub-Sector: Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882 Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services Fishing in Italian territorial waters is reserved to Italian flagged vessels. Existing Measures: Royal Decree 327/1942 (modified with Law 222/2007), arts. 143, 221 (Navigation Code)
Sector: Business services Sub-Sector: Placement services Supply services of office support personnel Industry Classification: CPC 87202, CPC 87203 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Italy reserves the right to require establishment and to prohibit the cross-border supply of supply services of office support personnel. Italy reserves the right to restrict the number of suppliers of placement services and supply services of office support personnel. Existing Measures: Legislative Decree 276/2003 arts. 4, 5
Sector: Education services Sub-Sector: Primary education services Secondary education services Higher education services Industry Classification: CPC 921, CPC 922, CPC 923 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services Italy reserves the right to require establishment and to restrict the cross-border supply of privately funded primary and secondary education services. Existing Measures: Royal Decree 1592/1933 (Law on secondary education) Law 243/1991 (Occasional public contribution for private universities) Resolution 20/2003 of CNVSU (Comitato nazionale per la valutazione del sistema universitario) Decree of the President of the Republic (DPR) 25/1998
Sector: Financial services Sub-Sector: Banking and other financial services (except insurance) Type of Reservation: Market access National treatment Cross-Border supply of financial services Description: Financial Services Italy reserves the right to adopt or maintain any measure relating to the activities of ‘promotori di servizi finanziari’. Existing Measures: Arts. 91-111 of Consob Regulation on Intermediaries (no. 16190 of 29 October 2007)
Sector: Financial services Sub-Sector: Insurance Type of Reservation: Cross-Border supply of financial services Description: Financial Services Transport insurance of goods, insurance of vehicles as such and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the EU, except for international transport involving imports into Italy. Existing Measures: Art. 29 of the code of private insurance (Legislative decree no. 209 of 7 September 2005)
Sector: Financial services Sub-Sector: Insurance Type of Reservation: Cross-Border supply of financial services Description: Financial Services Italy reserves the right to adopt or maintain any measure requiring establishment and limiting the cross-border supply of actuarial services. Existing Measures: Law 194/1942 on the actuarial profession
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Italyreserves the right to adopt or maintain any measure with respect to the supply of privately funded social services other than services relating to Convalescent and Rest Houses and Old People's Homes. Existing Measures: Law 833/1978 Institution of the public health system Legislative Decree 502/1992 Organisation and discipline of the health field Law 328/2000 Reform of social services
Sector: Transport Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services Industry Classification: CPC 712 Type of Reservation: Market access Description: Investment An economic needs test is applied to limousine services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment. An economic needs test is applied to intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographical spread, impact on traffic conditions and creation of new employment. An economic needs test is applied to the supply of freight transportation services. Main criteria: local demand. Existing Measures: Legislative decree 285/1992 (Road Code and subsequent amendments) art. 85 Legislative Decree 395/2000 art. 8 (road transport of passengers) Law 21/1992 (Framework law on non-scheduled public road transport of passengers) Law 218/2003 art. 1 (transport of passenger through rented buses with driver) Law 151/1981 (framework law on public local transport)
Reservations applicable in Latvia
Sector: All sectors Sub-Sector: Acquisition of rural land Industry Classification: Type of Reservation: National treatment Market access Description: Investment Latvia reserves the right to adopt or maintain any measure with regard to the acquisition of rural land by nationals of Canada or of a third country, including with regard to the authorisation process for the acquisition of rural land. Existing Measures: Law on land privatisation in rural areas, ss. 28, 29, 30.
Sector: Veterinary services Sub-Sector: Industry Classification: CPC 932 Type of Reservation: Market access National treatment Description: Cross-Border Trade in Services Latvia reserves the right to adopt or maintain any measure relating to the cross-border supply of veterinary services. Existing Measures:
Sector: Business services Sub-Sector: Executive search Placement services Supply services of office support personnel Industry Classification: CPC 87201, CPC 87202, CPC 87203 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Latvia reserves the right to adopt or maintain any measure with regard to the supply of executive search services, placement services, and supply services of office support personnel. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Latvia reserves the right to adopt or maintain any measure with regard to the supply of security services. Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist. Existing Measures:
Sector: Transport Sub-Sector: Road transport: passenger transportation, freight transportation, international truck transport services Industry Classification: CPC 712 Type of Reservation: Market access National treatment Description: Investment For passenger and freight transportation services, an authorisation is required, which is not extended to foreign registered vehicles. Established entities are required to use nationally registered vehicles. Existing Measures:
Reservations applicable in Lithuania
Sector: All sectors 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 Lithuania reserves the right to adopt or maintain any measure with respect to enterprises of strategic importance to national security which must belong to the State by the right of ownership (proportion of capital which may be held by private national or foreign persons conforming to national security interests, procedure and criteria for determination of conformity of potential national investors and potential enterprise participants, etc.). Existing Measures: Law on Enterprises and Facilities of Strategic Importance for National Security and Other Enterprises of Importance to Ensuring National Security of the Republic of Lithuania of 21 July 2009 No. XI-375.
Sector: All sectors Sub-Sector: Purchase of land Industry Classification: Type of Reservation: National treatment Market access Description: Investment and Cross-Border Trade in Services Lithuania reserves the right to adopt or maintain any measure which is consistent with the commitments taken by the EU and which are applicable in Lithuania in the General Agreement on Trade in Services (GATS) with respect to land acquisition. The land plot acquisition procedure, terms and conditions, as well as restrictions shall be established by the Constitutional Law, the Law on Land and the Law on the Acquisition of Agricultural Land. However, local governments (municipalities) and other national entities of Members of the Organisation for Economic Co-operation and Development and North Atlantic Treaty Organization conducting economic activities in Lithuania, which are specified by the constitutional law in compliance with the criteria of European and other integration which Lithuania has embarked on, are permitted to acquire into their ownership non-agricultural land plots required for the construction and operation of buildings and facilities necessary for their direct activities. Existing Measures: Constitution of the Republic of Lithuania The Constitutional Law of the Republic of Lithuania on the Implementation of Paragraph 3 of Art. 47 of the Constitution of the Republic of Lithuania of 20 June 1996, No. I-1392 as last amended 20 March 2003, No. IX-1381 Law on land, of 27 January 2004, No. IX-1983 Law on acquisition of agricultural land of 24 April 2014, No. XII-854
Sector: Business services Sub-Sector: Legal services Industry Classification: Part of CPC 861 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services Attorneys from foreign countries can participate as advocates in court only in accordance with bilateral agreements on legal assistance. Existing Measures:
Sector: Business services Sub-Sector: Executive search Placement services Supply services of office support personnel Industry Classification: CPC 87201, CPC 87202, CPC 87203 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Lithuania reserves the right to adopt or maintain any measure with regard to the supply of executive search services, placement services, and supply services of office support personnel. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Lithuania reserves the right to adopt or maintain any measure with regard to the supply of security services. Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist. Existing Measures:
Sector: Business services Sub-Sector: Investigation services Industry Classification: CPC 87301 Type of Reservation: Market access Description: Investment In Lithuania, investigation services are a monopoly reserved to the State. Existing Measures:
Sector: Tourism and travel-related services Sub-Sector: Tourist guides services Industry Classification: CPC 7472 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services In so far as Canada and its provinces and territories allow nationals of Lithuania to provide tourist guide services, Lithuania will allow nationals of Canada to provide tourist guide services under the same conditions. Existing Measures:
Sector: Telecommunications Sub-Sector: Industry Classification: Type of Reservation: Market access National treatment Description: Investment and Cross-Border Trade in Services State Enterprise ‘Infostruktura’ has exclusive rights to provide the following services: data transmission through secure state data transmission networks, granting of internet addresses ending ‘gov.lt’, certification of electronic cash-registers. Existing Measures: Government Resolution of28 May 2002 No.756 On the approval of the standard procedure for setting prices and tariffs of goods and services of a monopolistic nature provided by state owned enterprises and public institutions established by ministries, governmental institutions and county governors and assigned to them.
Sector: Construction services Sub-Sector: Industry Classification: CPC 51 Type of Reservation: Market access Measures: Law on Construction of Republic of Lithuania of 19 March 1996 No. I-1240 Description: Cross-Border Trade in Services The right to prepare design documentation for construction works of exceptional significance is only given to a design enterprise registered in Lithuania, or a foreign design enterprise which has been approved by an institution authorised by the Government for such activities. The right to perform technical activities in the main areas of construction may be granted to a non-Lithuanian person who has been approved by an institution authorised by the Government of Lithuania. Existing Measures: Law on Construction of Republic of Lithuania of 19 March 1996 No. I-1240
Sector: Social services Sub-Sector: Industry Classification: CPC 933 Type of Reservation: Market access Description: Cross-Border Trade in Services Lithuania reserves the right to adopt or maintain any measure with regard to the cross-border supply of all social services which receive public funding or State support in any form, and are therefore not considered to be privately funded. Existing Measures:
Sector: Financial services Sub-Sector: Banking and other financial services (excluding insurance) Industry Classification: Type of Reservation: Market access Senior management and boards of directors National Treatment Measures: Law on Banks of the Republic of Lithuania of 30 March 2004 No IX-2085 Law on Collective Investment Undertakings of the Republic of Lithuania of 4 July 2003 No IX-1709 Law on Supplementary Voluntary Pension Accumulation of the Republic of Lithuania of 3 June 1999 No VIII-1212 Description: Financial Services For the purpose of asset management, incorporation as a specialised management company (no branches) is required. Only banks having their registered office or branch in Lithuania may act as the depositories of the assets of investment fund. Only banks having their registered office or branch in Lithuania and authorised to provide investment services in the Member States of the EU or in the Member States of the EEA may act as the depositories of the assets of pension funds. At least one head of a bank's administration must speak the Lithuanian language and permanently reside in Lithuania. Existing Measures:
Sector: Energy services Sub-Sector: Pipeline transportation of fuels Industry Classification: CPC 7131 Type of Reservation: Market access Description: Cross-Border Trade in Services Lithuania reserves the right to adopt or maintain any measure with respect to pipeline transportation of fuels. Existing Measures: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973
Sector: Energy Sub-Sector: Storage and warehouse services of fuels transported through pipelines Industry Classification: ISIC rev 3.1 402 , CPC 742 Type of Reservation: Market access Description: Cross-Border Trade in Services Lithuania reserves the right to adopt or maintain any measure with respect to services auxiliary to pipeline transport of goods other than fuel. Existing Measures: Law On Natural Gas of the Republic of Lithuania 10 October 2000 No VIII-1973 (Art 10.8)
Sector: Business services Auxiliary services to maritime, internal waterways, rail and air transport Sub-Sector: Maintenance and repair of vessels, rail transport equipment and aircraft and parts thereof Industry Classification: CPC 86764, CPC 86769, part of CPC 8868 Type of Reservation: Market access Description: Investment In Lithuania, maintenance and repair services of rail transport equipment are subject to a state monopoly. Existing Measures:
Sector: Road transport Sub-Sector: Industry Classification: CPC 7121, CPC 7122, CPC 7123 Type of Reservation: Most-favoured-nation treatment Description: Investment and Cross-Border Trade in Services Measures that are taken under bilateral agreements and which set the provisions for transport services and specify operating conditions, including bilateral transit and other transport permits for transport services in, into, through and out of the territory of Lithuania to the contracting parties concerned, and road taxes and levies. Existing Measures:
Reservations applicable in Malta
Sector: Fishing Aquaculture Services incidental to fishing Sub-Sector: Industry Classification: ISIC rev 3.1 0501, ISIC rev 3.1 0502, CPC 882 Type of Reservation: Market access National treatment Description: Investment For the purposes of the registration and licensing of a fishing vessel, the owner, captain or master of the fishing vessel shall be resident in Malta, in accordance with the terms of the provisions of the Immovable Property (Acquisition by Non-Residents) Act. Existing Measures: Art. 5 of Subsidiary Legislation 425.07 on Fishing Vessels Regulations
Sector: Business services Sub-Sector: Executive search Placement services Supply services of office support personnel Industry Classification: CPC 87201, CPC 87202, CPC 87203 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Malta reserves the right to adopt or maintain any measure with regard to the establishment of placement services of office support personnel. Malta reserves the right to adopt or maintain any measure with regard to the supply of executive search services and supply services of office support personnel. Existing Measures:
Sector: Business services Sub-Sector: Security services Industry Classification: CPC 87302, CPC 87303, CPC 87304, CPC 87305, CPC 87309 Type of Reservation: Market access National treatment Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Malta reserves the right to adopt or maintain any measure with regard to the supply of security services. Licensing and authorisation requirements may exist. Residency or commercial presence is required and nationality requirements may exist. Existing Measures:
Sector: Education services Sub-Sector: Industry Classification: CPC 921, CPC 922, CPC 923, CPC 924 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment and Cross-Border Trade in Services Malta reserves the right to adopt or maintain any measure with respect to the supply of privately funded primary, secondary, higher, and adult education services. Existing Measures:
Sector: Health services Sub-Sector: Hospital services Ambulance services Residential health services other than hospital services Industry Classification: CPC 9311, CPC 93192, CPC 93193 Type of Reservation: Market access National treatment Performance requirements Senior management and boards of directors Description: Investment Maltareserves the right to adopt or maintain any measure with respect to the supply of privately funded hospital, ambulance, and residential health services other than hospital services. Existing Measures:
Sector: Health services Sub-Sector: Health-related professional services: medical and dental services, midwife services, nursing services, physiotherapeutic and para-medical services, psychologist services Industry Classification: CPC 9312, part of CPC 9319 Type of Reservation: National treatment Market access Description: Investment and Cross-Border Trade in Services This reservation applies to all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, In Malta, these services may only be provided by nationals of a Member State of the EU having prior authorisation, which may be subject to an economic needs test (ENT). Existing Measures: