paragraphs 3 and 7). New or vacant pharmacies are authorised following a public competition. Only nationals of a Member State enrolled in the Register of pharmacists (albo) are able to participate in a public competition.
Establishment authorisation is subject to an economic needs test. Main criteria: population
and density conditions in the area.
Measures:
IT: Law 362/1991, Articles 1, 4, 7 and 9;
Legislative Decree CPS 233/1946, Articles 7-9; and
Decree of the President of the Republic (D.P.R. 221/1950, paragraphs 3 and 7).
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With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â Market access, National treatment:
In CY: A nationality requirement applies for the provision of retail sales of pharmaceuticals, medical and orthopaedic goods and other services provided by pharmacists (CPC 63211).
Measures:
CY: Pharmacy and Poisons Law (Chapter 254) as amended.
With respect to Investment liberalisation â Market access and Cross-border trade in services â
Market access:
In BG The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy. The mail order of pharmaceuticals is prohibited, with the
exception of non-prescription medicines.
In EE: The retail of pharmaceuticals and specific medical goods to the public may only be carried out through a pharmacy. Mail order sales of medicinal products as well as delivery by post or express service of medicinal products ordered through the Internet is prohibited. Establishment authorisation is subject to an economic needs test. Main criteria: density
conditions in the area.
EU/NZ/Annex 10-A/en 101
In EL: Only natural persons who are licenced pharmacists, and companies founded by licenced pharmacists, are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.
In ES: Only natural persons who are licenced pharmacists are permitted to provide retail services of pharmaceuticals and specific medical goods to the public. No pharmacist may
obtain more than one licence.
In LU: Only natural persons are permitted to provide retail services of pharmaceuticals and specific medical goods to the public.
In NL: Mail order of medicine is subject to requirements.
In PL: The practice of the profession is possible only for natural persons enrolled in the register, as well as for juridical persons in the form of partnerships, where every partner of the company must be an enrolled pharmacist.
Measures:
BG: Law on Medicinal Products in Human Medicine, arts. 219, 222, 228, 234(5).
EU/NZ/Annex 10-A/en 102
EE: Ravimiseadus (Medicinal Products Act), RT I 2005, 2, 4; § 29 (2) and § 41 (3); and Tervishoiuteenuse korraldamise seadus (Health Services Organisation Act, RT I 2001, 50, 284).
EL: Law 5607/1932 as amended by Laws 1963/1991 and 3918/2011.
ES: Ley 16/1997, de 25 de abril, de regulacién de servicios de las oficinas de farmacia (Law 16/1997, of 25 April, regulating services in pharmacies), Articles 2, 3.1; and
Real Decreto Legislativo 1/2015, de 24 de julio por el que se aprueba el Texto refundido de la Ley de garantias y uso racional de los medicamentos y productos sanitarios (Ley 29/2006).
LU: Loi du 4 juillet 1973 concernant le régime de la pharmacie (annex a043);
Réglement grand-ducal du 27 mai 1997 relatif a l'octroi des concessions de pharmacie (anne a041); and
Réglement grand-ducal du 11 février 2002 modifiant le reglement grand-ducal du 27 mai 1997 relatif a l'octroi des concessions de pharmacie (annex a017).
NL: Geneesmiddelenwet, article 67.
PL: Article 99. Para 4, ACT of 6 September 2001 â Pharmaceutical law Journal of Laws of 2021.
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With respect to Investment liberalisation â National treatment and Cross-border trade in
services â Local presence:
In BG: Permanent residency is required for pharmacists.
Measures:
BG: Law on Medicinal Products in Human Medicine, arts. 146, 161, 195, 222, 228.
With respect to Cross-border trade in services â Local presence:
In DE, SK: 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.
Measures:
DE: Gesetz iiber das Apothekenwesen (ApoG; German Pharmacy Act);
Gesetz iiber den Verkehr mit Arzneimitteln (AMG);
Gesetz iiber Medizinprodukte (MPG); and
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Verordnung zur Regelung der Abgabe von Medizinprodukten (MPAV).
SK: Act 362/2011 on pharmaceuticals and medical devices, Article 6; and
Act 578/2004 on healthcare providers, medical employees, professional organisation in healthcare.
EU/NZ/Annex 10-A/en 105
Reservation No. 4 â Research and development services
Sector â sub-sector:
Industry classification:
Obligations concerned:
Chapter Chapter: Level of Government:
Description:
Research and development (R&D) services
CPC 851, 853
Market access
National treatment
Trade in services and investment
EU / Member State (unless otherwise specified)
The EU: For publicly funded R&D services benefitting from funding provided by the Union at the
Union level, exclusive rights or authorisations may only be granted to nationals of the Member
States and to juridical persons of the Union having their registered office, central administration or principal place of business in the Union (CPC 851, 853).
EU/NZ/Annex 10-A/en 106
For publicly funded R&D services benefitting from funding provided by a Member State, exclusive rights or authorisations may only be granted to nationals of the Member State concerned and to juridical persons of the Member State concerned having their headquarters in that Member State (CPC 851, 853).
Measures: EU: All currently existing and all future Union research or innovation framework programmes, including the Horizon 2020 Rules for Participation and regulations pertaining to Joint Technology
Initiatives (JTIs), and the European Institute of Innovation and Technology (EIT), as well as
existing and future national, regional or local research programmes.
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Reservation No. 5 â Real estate services
Sector â sub-sector:
Industry classification:
Obligations concerned:
Chapter Chapter: Level of Government:
Description:
Real estate services
CPC 821, 822
Market access
National treatment
Most-Favoured Nation treatment
Local presence
Trade in services and investment
EU / Member State (unless otherwise specified)
With respect to Investment liberalisation â Market access, National treatment and Cross-border
trade in services â National treatment, Local presence:
In CY: For the supply of real estate services, nationality and residency conditions apply.
EU/NZ/Annex 10-A/en 108
Measures:
CY: The Real Estate Agents Law 71(1)/2010 as amended.
With respect to Cross-border trade in services â Local presence:
In CZ: Residency for natural persons and establishment for juridical persons in the Czechia are
required to obtain a licence necessary for the provision of real estate services.
In HR: Commercial presence in EEA is required to supply real estate services.
In PT: EBA residency is required for natural persons. EEA incorporation is required for juridical
persons.
Measures:
CZ: Trade Licensing Act.
HR: Real Estate Brokerage Act (OG 107/07 and 144/12), Article 2.
PT: Decree-Law 21 1/2004 (Articles 3 and 25), as amended and republished by Decree-Law 69/2011.
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With respect to Investment liberalisation â National treatment and Cross-border trade in services â
Local presence:
In DK: For the supply of real estate services by a natural person present in the territory of Denmark, only authorised real estate agents who are natural persons that have been admitted to the Danish Business Authority's real estate agent register may use the title of "real estate agent". The act requires that the applicant be a Danish resident or a resident of the Union, EEA or the Swiss
Confederation.
The Act on the sale of real estate is only applicable when providing real estate services to consumers. The Act on the sale of real estate does not apply to the leasing of real estate (CPC 822).
Measures:
DK: Lov om formidling af fast ejendom m.v. lov. Nr. 526 af 28.05.2014 (The Act on the sale of real estate).
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With respect to Cross-border trade in services â Market access, National treatment, Most-favoured-
nation treatment:
In SE: In so far as New Zealand allows Slovenian nationals and enterprises to supply real estate agent services, Slovenia will allow nationals of New Zealand and New Zealand 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 New Zealand, submission of the relevant documentation on impunity in criminal procedures, and inscription on the register of real
estate agents at the competent Ministry in Slovenia.
Measures:
SI: Real Estate Agencies Act.
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Reservation No. 6 â Business services
Sector â sub-sector:
Industry classification:
Obligations concerned:
Chapter Chapter: Level of Government:
Business services â rental or leasing services without operators; services related to management consulting; technical testing and analyses; related scientific and technical consulting services; services incidental to agriculture; security services; placement services; translation and interpretation services and other business services ISIC Rev. 37, part of CPC 612, part of 621, part of 625, 831, part of 85990, 86602, 8675, 8676, 87201, 87202, 87203, 87204, 87205, 87206, 87209, 87901, 87902, 87909, 88, part of 893
Market access
National treatment
Most-favoured-nation treatment
Local presence
Trade in services and investment
EU / Member State (unless otherwise specified)
EU/NZ/Annex 10-A/en 112
Description:
(a)
Rental or leasing services without operators (CPC 83103, CPC 831)
With respect to Investment liberalisation â Market access, National treatment:
In SE: To fly the Swedish flag, proof of dominating Swedish operating influence must be shown in the case of foreign ownership interests in ships. Dominating Swedish operating influence means that the operation of the ship is located in Sweden and that more than half of the ship's shares are under Swedish ownership or ownership of persons in another EEA country. Other foreign ships may under certain conditions be granted an exemption from this tule where they are rented or leased by Swedish juridical persons through bareboat charter contracts (CPC 83103).
Measures:
SE: Sjélagen (Maritime Law) (1994:1009), Chapter 1, § 1.
With respect to Cross-border trade in services â Local presence:
In SE: Suppliers of rental or leasing services of cars and certain off-road vehicles (terrangmotorfordon) 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 road traffic safety rules are followed. The responsible person must reside in the EEA (CPC 831).
EU/NZ/Annex 10-A/en 113
(b)
Measures:
SE: Lag (1998: 492) om biluthyrning (Act on renting and leasing cars).