With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â Market access, National treatment:
In AT: Only natural persons may apply for authorisation to operate as a tobacconist.
Priority is given to nationals of a Member State of the EEA (CPC 63108).
Measures:
AT: Tobacco Monopoly Act 1996, § 5 and § 27.
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With respect to Investment liberalisation â Market access and Cross-border trade in services â
Market access, National treatment:
In IT: A licence is required in order to distribute and sell tobacco. Licences are granted
through public procedures. The granting of licences is subject to an economic needs test.
Main criteria: population and geographical density of existing selling points (part of
CPC 6222, part of 6310).
Measures:
IT: Legislative Decree 184/2003;
Law 165/1962;
Law 3/2003;
Law 1293/1957;
Law 907/1942; and
Decree of the President of the Republic (D.P.R.) 1074/1958.
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Reservation No. 10 â Education services
Sector â Sub-sector: Education services (privately funded)
Industry Classification: CPC 921, 922, 923, 924
Obligations concerned: Market access
National treatment
Senior management and boards of directors
Local presence
Chapter Chapter: Trade In Services and Investment Level of Government: EU / Member State (unless Otherwise Specified) Description: with Respect to Investment Liberalisation â Market Access, National Treatment, Senior Management
and boards of directors and Cross-border trade in services â Market access:
EU/NZ/Annex 10-A/en 143
In CY: Nationality of a Member State is required for owners and majority shareholders in a privately funded school. Nationals of New Zealand may obtain authorisation from the Minister of
Education in accordance with the specified form and conditions.
Measures:
CY: Private Schools Law of 2019 (N. 147(D/2019), as amended; The Institutions of Tertiary Education Law 1996 (N. 67(1)/1996) as amended; the Private Universities (Establishment, Operation and Control) Law 2005 (N. 109(D/2005) as amended; and the Quality Assurance and Accreditation in Higher Education and the Establishment and Operation of an Agency on Related Matters Law 2015 (N. 136(1)/2015) as amended.
With respect to Investment liberalisation â- Market access, National treatment and Cross-border
trade in services â Market access, National treatment:
In BG: Privately funded primary and secondary education services may only be supplied by authorised legal entities under Bulgarian law or under the laws of a Member State. Foreign owned kindergartens and schools may be established or transformed at the request of foreign legal entities in accordance with international agreements and conventions. Foreign higher education institutions cannot establish subsidiaries in the territory of Bulgaria. Foreign higher education institutions may open faculties, departments, institutes and colleges in Bulgaria only within the structure of Bulgarian higher education institutions and in cooperation with them (CPC 921, 922).
EU/NZ/Annex 10-A/en 144
Measures:
BG: Pre-school and School Education Act; and
The Higher Education Act, Paragraph 4 of the additional provisions.
With respect to Investment liberalisation â Market access, National treatment:
In SI: Privately funded elementary schools may be founded by Slovenian persons only. The service
supplier must establish a registered office or branch office in Slovenia (CPC 921).
Measures:
SI: Organisation and Financing of Education Act (Official Gazette of Republic of Slovenia, No. 12/1996) and its revisions, Article 40.
With respect to Cross-border trade in services â Local presence:
In CZ and SK: Establishment in a Member State is required to apply for state approval to operate as
a privately funded higher education institution. This reservation does not apply to post-secondary technical and vocational education services (CPC 923 except CPC 92310).
EU/NZ/Annex 10-A/en 145
Measures:
CZ: Act No. 111/1998, Coll. (Higher Education Act), § 39; and
Act No. 561/2004 Coll. on Pre-school, Basic, Secondary, Tertiary Professional and Other Education (the Education Act).
SK: Law No. 131 2002 on Universities.
With respect to Investment liberalisation - Market Access and Cross-border trade in services:
Market access:
In ES and IT: An authorisation is required in order to open a privately funded university which issues recognised diplomas or degrees. An economic needs test is applied. Main criteria: population and density of existing establishments.
In ES: The procedure involves obtaining advice of the Parliament.
In IT: This is based on a three-year programme and only Italian juridical persons may be authorised to issue state-recognised diplomas (CPC 923).
EU/NZ/Annex 10-A/en 146
Measures:
ES: Ley Organica 6/2001, de 21 de Diciembre, de Universidades (Law 6 / 2001 of 21 December, on Universities), Article 4.
IT: 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);
and
Decree of the President of the Republic (DPR) 25/1998.
With respect to Investment liberalisation â Market access, National treatment, Senior management
and boards of directors and Cross-border trade in services â Market access:
In EL: Nationality of a Member State is required for owners and a majority of the members of the board of directors in privately funded primary and secondary schools, and for teachers in privately funded primary and secondary education (CPC 921, 922). Education at university level shall be provided exclusively by institutions which are fully self-governed public law juridical persons. However, Law 3696/2008 permits the establishment by Union residents (natural or juridical persons) of private tertiary education institutions granting certificates which are not recognised as
being equivalent to university degrees (CPC 923).
EU/NZ/Annex 10-A/en 147
Measures:
EL: Laws 682/1977, 284/1968, 2545/1940;
Presidential Decree 211/1994 as amended by Presidential Decree 394/1997;
Constitution of Hellas, Article 16, paragraph 5;
Law 3549/2007; and
Law 3696/2008 Establishment and Operation of Colleges and other provisions (Government Gazette 177/issue A/25-8-2008).
With respect to Investment liberalisation â Market access and Cross-border trade in services â
Market access:
In AT: The provision of privately funded university level education services in the area of applied sciences requires an authorisation from the competent authority, the AQ Austria (Agency for Quality Assurance and Accreditation Austria). An investor seeking to provide such services must have their primary business being the supply of such services, and must submit a needs assessment and a market survey for the acceptance of the proposed study programme. The competent Ministry may deny the approval if the decision of the accreditation authority does not comply with national educational interests. The applicant for a private university requires authorisation from the
AQ Austria. The competent Ministry may deny the approval if the decision of the accreditation authority does not comply with national educational interests (CPC 923).
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Measures:
AT: University of Applied Sciences Act, BGBI. I Nr. 340/1993 as amended, § 2, 8; Private Higher Education Act, BGBI. I Nr. 77/2020, § 2; and
Act on Quality Assurance in Higher Education, BGBI. Nr. 74/2011 as amended, § 25 (3).
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:
In FR: Nationality of a Member State is required in order to teach in a privately funded educational institution (CPC 921, 922, 923). However, nationals of New Zealand may obtain an authorisation from the relevant competent authorities in order to teach in primary, secondary and higher level educational institutions. Nationals of New Zealand may also obtain an authorisation from the relevant competent authorities in order to establish and operate or manage primary, secondary or
higher level educational institutions. Such authorisation is granted on a discretionary basis.
Measures:
FR: Code de l'éducation.
EU/NZ/Annex 10-A/en 149
With respect to Investment â Market access, National treatment and Cross-border trade in services â
Market access, National treatment:
In MT: Service suppliers seeking to provide privately funded higher or adult education services must obtain a licence from the Ministry of Education and Employment. The decision on whether to issue a licence may be discretionary (CPC 923, 924).
Measures:
MT: Legal Notice 296 of 2012.
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Reservation No. 11 â Environmental services
Sector â sub-sector:
Industry classification:
Obligations concerned:
Chapter Chapter: Level of Government:
Environmental services â processing and recycling of used batteries and accumulators, old cars and waste from electrical and electronic equipment; protection of ambient air and climate cleaning services of exhaust gases
Part of CPC 9402, 9404
Local presence
Trade in services and investment
EU / Member State (unless otherwise specified)
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Description:
In SE: Only entities established in Sweden or having their principal seat in Sweden are eligible for accreditation to supply control services of exhaust gas (CPC 9404).
In SK: Incorporation in the EEA (residency requirement) is required to supply services for processing and recycling of used batteries and accumulators, waste oils, old cars, and waste from electrical and electronic equipment (part of CPC 9402).
Measures:
SE: The Vehicles Act (2002:574).
SK: Act 79/2015 on Waste.
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Reservation No. 12 â Financial services
Sector â sub-sector:
Industry Classification:
Obligations concerned:
Chapter Chapter: Level of Government:
Financial services â insurance and banking
Not applicable
Market access
National treatment
Senior management and boards of directors
Local presence
Trade in services and investment
EU / Member State (unless otherwise specified)
EU/NZ/Annex 10-A/en 153
Description:
a)
Insurance and insurance-related services
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â Market access, National treatment:
In IT: Access to the actuarial profession is permitted through natural persons only. Professional associations (no incorporation) among natural persons is permitted. Union nationality is required for practice of the actuarial profession, except for foreign professionals
who may be allowed to practice based on reciprocity.
Measures:
IT: Article 29 of the code of private insurance (Legislative decree No. 209 of 7 September 2005); and Law 194/1942, Article 4, Law 4/1999 on the register.
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â Local presence: In BG: Pension insurance may only be provided by a joint-stock company licensed in
accordance with the Code of Social Insurance and registered under the Commerce Act or
under the legislation of another Member State (no branches).
EU/NZ/Annex 10-A/en 154
In BG, ES, PL and PT: Direct branching is not permitted for insurance intermediation, which is reserved to companies formed in accordance with the law of a Member State (local incorporation is required). For PL, there is a residency requirement for insurance intermediaries.
Measures:
BG: Insurance Code, articles 12, 56-63, 65, 66 and 80 paragraph 4; and
Social Insurance Code Art. 120aâ162, Art. 209-253, Art. 260-310.