Rental or leasing services and other business services related to aviation
With respect to Investment liberalisation â Market access, National treatment, Most-favoured nation treatment and Cross-border trade in services â- Market access, National treatment,
Most-favoured nation treatment:
The EU: For rental or leasing of aircraft without crew (dry lease), aircraft used by an air carrier of the Union are subject to applicable aircraft registration requirements. A dry lease agreement to which a Union carrier is a party shall be subject to requirements in the Union or national law on aviation safety, such as prior approval and other conditions applicable to the use of third countriesâ registered aircraft. To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by enterprises meeting
specific criteria regarding ownership of capital and control (CPC 83104).
EU/NZ/Annex 10-A/en 114
With respect to computer reservation system (hereinafter referred to as "CRS") services, where Union air carriers are not accorded, by CRS service suppliers operating outside the Union, equivalent (meaning non-discriminatory) treatment to the treatment provided by Union CRS service suppliers to air carriers of a third country in the Union, or where Union CRS services suppliers are not accorded, by non-Union air carriers, equivalent treatment to the treatment provided by air carriers in the Union to CRS service suppliers of a third country, measures may be taken to accord the equivalent discriminatory treatment, respectively, to the non-Union air carriers by the CRS services suppliers operating in the Union, or to the
non-Union CRS services suppliers by Union air carriers.
Measures:
EU: Regulation (EC) No 1008/2008 of the European Parliament and of the Council!; and Regulation (EC) No 80/2009 of the European Parliament and of the Council?.
Regulation (EC) No 1008/2008 of the European Parliament and of the Council
of 24 September 2008 on common rules for the operation of air services in the Community (OJ EU L 293, 31.10.2008, p. 3).
Regulation (EC) No 80/2009 of the European Parliament and of the Council
of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No 2299/89 (OJ EU L 35, 4.2.2009, p. 47).
EU/NZ/Annex 10-A/en 115
(c)
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â Market access, National treatment
In BE: Private (civil) aircraft belonging to natural persons who are not nationals of a member state of the EEA may only be registered if they are domiciled or resident in Belgium without interruption for at least one year. Private (civil) aircraft belonging to foreign legal entities not formed in accordance with the law of a member state of the EEA may only be registered if they have a seat of operations, an agency or an office in Belgium without interruption for at least one year (CPC 83104).
Measures:
BE: Arrété Royal du 15 mars 1954 réglementant la navigation aérienne.
Services related to management consulting â arbitration and conciliation services (CPC 86602)
With respect to Cross-border trade in services âNational treatment, Local presence: In BG: For mediation services, permanent or long-term residency in the Republic of Bulgaria
is required for citizens of countries other than a member state of the EEA or the Swiss
Confederation.
EU/NZ/Annex 10-A/en 116
(d)
In HU: A notification, for admission to the register, to the Minister responsible for justice is
required for the supply of mediation (such as conciliation) activities.
Measures:
BG: Mediation Act, Art. 8.
HU: Act LV of 2002 on Mediation.
Technical testing and analysis services (CPC 8676)
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â Market access, National treatment:
In CY: The provision of services by chemists and biologists requires nationality of a Member State.
In FR: The profession of biologist is reserved for natural persons, and EEA nationality is
required.
EU/NZ/Annex 10-A/en 117
Measures:
CY: Registration of Chemists Law of 1988 (Law 157/1988), as amended.
FR: Code de la Santé Publique.
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services â Market access, Local presence:
In BG: Establishment in Bulgaria according to the Bulgarian Commercial Act and registration
in the Commercial register is required for supply of technical testing and analysis services. For the periodic inspection for proof of technical condition of road transport vehicles, a person should be registered in accordance with the Bulgarian Commercial Act or the
Non-Profit Legal Persons Act, or else be registered in another member state of the EEA.
The testing and analysis of the composition and purity of air and water may be conducted
only by the Ministry of Environment and Water of Bulgaria, or its agencies.
Measures:
BG: Technical Requirements towards Products Act;
Measurement Act;
EU/NZ/Annex 10-A/en 118
Clean Ambient Air Act;
148. Paragraph 2, Road Traffic Act;Water Act; and
Ordinance N-32 for the periodical inspection for proof of technical condition of road transport
vehicles.
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â National treatment, Most-favoured-nation treatment, Local presence:
In IT: For biologists, chemical analysts, agronomists and "periti agrari", residency and enrolment in the professional register are required. Third-country nationals may enrol on condition of reciprocity.
Measures:
IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal Decree 842/1928 on the profession of chemical analysts.
EU/NZ/Annex 10-A/en 119
(e)
Related scientific and technical consulting services (CPC 8675)
With respect to Investment liberalisation â National treatment, Most-favoured-nation treatment and Cross-border trade in services â National treatment, Most-favoured-nation
treatment, Local presence:
In IT: Residency or professional domicile in Italy is required for enrolment in the geologistsâ register, which is necessary for the practice of the professions of surveyor or geologist in order to supply services relating to the exploration and the operation of mines, etc. Nationality
of a Member State is required, however, foreigners may enrol on condition of reciprocity.
Measures:
IT: Geologists: Law 112/1963, Articles 2 and 5; D.P.R. 1403/1965, Article 1.
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â National treatment, Local presence:
In BG: For natural persons, nationality and residency of a member state of the EEA or the Swiss Confederation is required in order to supply services pertinent to geodesy, cartography and cadastral surveying. For legal entities, trade registration under the legislation of a Member
State of the EEA or the Swiss Confederation is required.
EU/NZ/Annex 10-A/en 120
Measures:
BG: Article 16-17, Cadastre and Property Register Act; and Article 24, Paragraph 1, Geodesy and Cartography Act.
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â National treatment:
In CY: A nationality requirement applies for the supply of relevant services.
Measures:
CY: Law 224/1990 as amended.
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â Market access:
In FR: For surveying, access through "société d'exercice liberal" (SEL) (anonyme, a responsabilité limitée ou en commandite par actionsâ, "société civile professionnelle" (SCP), "société anonyme" (SA) and "société 4 responsabilité limitée" (SARL) (sociétés anonymes, a responsabilité limitée) only. For exploration and prospecting services establishment is required. This requirement may be waived for scientific researchers, by decision of the
Minister of scientific research, in agreement with the Minister of Foreign affairs.
EU/NZ/Annex 10-A/en 121
(f)
Measures:
FR: Loi 46-942 du 7 mai 1946 and décret n°71-360 du 6 mai 1971.
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â National treatment, Local presence:
In HR: Services of basic geological, geodetic and mining consulting as well as related environmental protection consulting services in the territory of Croatia may be carried out only jointly with or through domestic juridical persons.
Measures:
HR: Ordinance on requirements for issuing approvals to juridical persons for performing
professional environmental protection activities (OG No.57/10), Arts. 32-35.
Services incidental to agriculture (part of CPC 88)
With respect to Investment liberalisation â Market access, National treatment and Cross-border trade in services âNational treatment, Most-favoured-nation treatment, Local presence:
In IT: For biologists, chemical analysts, agronomists and "periti agrari", residency and
enrolment in the professional register are required. Third-country nationals may enrol on
condition of reciprocity.
EU/NZ/Annex 10-A/en 122
Measures:
IT: Biologists, chemical analysts: Law 396/1967 on the profession of biologists; and Royal Decree 842/1928 on the profession of chemical analysts.
With respect to Investment liberalisation â Market access, Most-favoured-nation treatment
and Cross-border trade in services â Market access, Most-favoured-nation treatment:
In PT: The professions of biologist, chemical analyst and agronomist are reserved for natural persons. For third-country nationals, a reciprocity regime applies in the case of engineers and technical engineers (and not a citizenship requirement). For biologists, there is neither a citizenship nor a reciprocity requirement.
Measures:
PT: Decree Law 119/92 alterado p/ Lei 123/2015, 2 set. (Ordem dos Engenheiros);
Law 47/2011 alterado p/ Lei 157/2015, 17 set. (Ordem dos Engenheiros Técnicos); and
Decree Law 183/98 alterado p/ Lei 159/2015, 18 set. (Ordem dos Bidlogos).
EU/NZ/Annex 10-A/en 123
(g)
Security Services (CPC 87302, 87303, 87304, 87305, 87309)
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â Market access, National treatment, Local presence:
In IT: Nationality of a Member State and residency is required in order to obtain the necessary
authorisation to supply security guard services and the transport of valuables.
In PT: The provision of security services by a foreign supplier on a Cross-border basis is not allowed.
A nationality requirement exists for specialised personnel.
Measures:
IT: Law on public security (TULPS) 773/1931, Articles 133-141; Royal Decree 635/1940, Article 257.
PT: Law 34/2013 alterada p/ Lei 46/2019, 16 maio; and Ordinance 273/2013 alterada p/ Portaria 106/2015, 13 abril.
EU/NZ/Annex 10-A/en 124
With respect to Investment liberalisation â National treatment, Most-favoured-nation
treatment and Cross-border trade in services â Local presence:
In DK: There is a residence requirement for individuals applying for an authorisation to provide security services. Residence is also required for managers and the majority of members of the board of a legal entity applying for an authorisation to conduct security services. However, residence for management and boards of directors is not required to the extent it follows from international agreements or orders issued by the Minister for Justice. Measures:
DK: Lovbekendtggrelse 2016-01-11 nr. 112 om vagtvirksomhed.
With respect to Cross-border trade in services â Local presence:
In EE: Residency is required for security guards.
Measures:
EE: Turvaseadus (Security Act ) § 21, § 22.
EU/NZ/Annex 10-A/en 125
(h)
Placement Services (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209)
With respect to Investment liberalisation â Market access, National treatment and Cross-border trade in services â Market access, National treatment (applies to the regional
level of government):
In BE: In all Regions in Belgium, a company having its head office outside the EEA has to demonstrate that it supplies placement services in its country of origin. In the Walloon Region, a specific type of legal entity (réguligrement constituée sous la forme d'une personne morale ayant une forme commerciale, soit au sens du droit belge, soit en vertu du droit d'un Etat membre ou régie par celui-ci, quelle que soit sa forme juridique) is required to supply placement services. A company having its head office outside the EEA has to demonstrate that it fulfils the conditions as set out in the Decree (for instance on the type of legal entity). In the German-speaking community, a company having its head office outside the EEA has to fulfil the admission criteria established by the mentioned Decree (CPC 87202).
Measures:
BE: Flemish Region: Article 8, § 3, Besluit van de Vlaamse Regering van 10 december 2010 tot uitvoering van het decreet betreffende de private arbeidsbemiddeling.
EU/NZ/Annex 10-A/en 126
Walloon Region: Décret du 3 avril 2009 relatif 4 l'enregistrement ou 4 l'agrément des agences de placement (Decree of 3 April 2009 on registration of placement agencies), Article 7; and Arrété du Gouvernement wallon du 10 décembre 2009 portant exécution du décret
du 3 avril 2009 relatif 4 l'enregistrement ou a l'agrément des agences de placement (Decision of the Walloon Government of 10 December 2009 implementing the Decree of 3 April 2009
on registration of placement agencies), Article 4.
German-speaking community: Dekret iiber die Zulassung der Leiharbeitsvermittler und die Uberwachung der privaten Arbeitsvermittler / Décret du 11 mai 2009 relatif 4 l'agrément des
agences de travail intérimaire et 4 la surveillance des agences de placement privées, Article 6.
With respect to Investment liberalisation â National treatment and Cross-border trade in
services â National treatment, Local presence:
In DE: Nationality of a Member State of the EEA or a commercial presence in the Union is required in order to obtain a licence to operate as a temporary employment agency (pursuant to Section 3 paragraphs 3 to 5 of this Act on temporary agency work (Arbeitnehmeriiberlassungsgesetz). The Federal Ministry of Labour and Social Affairs may issue a regulation concerning the placement and recruitment of non-EEA personnel for specified professions such as health- and care-related professions. The licence or its extension shall be refused if establishments, parts of establishments or ancillary establishments which are not located in the EEA are intended to execute the temporary employment pursuant to Section 3 paragraph 2 of the Act on temporary agency work (Arbeitnehmeriiberlassungsgesetz).