Chapter Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 52
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
In the EU, with the exception of ES, LV and SE, with regard to the supply of collection agency
services and credit reporting services.
EU/NZ/Annex 10-B/en 53
Reservation No. 8 â Business services â Placement services
Sector: Business services â placement services Industry classification: CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209 Obligations concerned: Market access
National treatment
Senior management and boards of directors
Local presence
Chapter Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 54
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
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, National treatment,
Local presence:
In the EU, with the exception of HU and SE: Supply services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPC 87204, 87205, 87206, 87209).
In BG, CY, CZ, DE, EE, FI, LT, LV, MT, PL, PT, RO, SI and SK: Executive search services (CPC 87201).
In AT, BG, CY, CZ, EE, FI, LT, LV MT, PL, PT, RO, SI and SK: The establishment of placement services of office support personnel and other workers (CPC 87202).
In AT, BG, CY, CZ, DE, EE, FI, LT, LV, MT, PL, PT, RO, SI and SK: Supply services of office support personnel (CPC 87203).
EU/NZ/Annex 10-B/en 55
With respect to Cross-border trade in services â Market access, National treatment, Local presence:
In the EU with the exception of BE, HU and SE: The Cross-border supply of placement services of office support personnel and other workers (CPC 87202).
In IE: The Cross-border supply of executive search services (CPC 87201).
In FR, IE, IT and NL: The Cross-border supply of services of office personnel (CPC 87203).
With respect to Investment liberalisation â Market access and Cross-border trade in services â
Market access:
In DE: To restrict the number of suppliers of placement services.
In ES: To restrict the number of suppliers of executive search services and placement services (CPC 87201, 87202).
In FR: These services may be subject to a state monopoly (CPC 87202).
In IT: To restrict the number of suppliers of supply services of office personnel (CPC 87203).
EU/NZ/Annex 10-B/en 56
With respect to Investment liberalisation âMarket access, National treatment:
In DE: The Federal Ministry of Labour and Social Affairs may issue regulations concerning the placement and recruitment of non-Union and non-EEA personnel for specified professions (CPC 87201, 87202, 87203, 87204, 87205, 87206, 87209).
Existing measures:
AT: §§97 and 135 of the Austrian Trade Act (Gewerbeordnung), Federal Law Gazette Nr. 194/1994
as amended; and
Temporary Employment Act (Arbeitskrafteiiberlassungsgesetz/AUG), Federal Law Gazette Nr. 196/1988 as amended.
BG: Employment Promotion Act, articles 26, 27, 27a and 28.
CY: Private Employment Agency Law N. 126(1)/2012 as amended, Law N. 174(D/2012.
CZ: Act on Employment (435/2004).
EU/NZ/Annex 10-B/en 57
DE: Gesetz zur Regelung der Arbeitnehmeriiberlassung (AUG);
Sozialgesetzbuch Drittes Buch (SGB III; Social Code, Book Three) - Employment Promotion; and
Verordnung iiber die Beschaftigung von Auslanderinnen und Auslindern (BeschV; Ordinance on
the Employment of Foreigners).
DK: §§ 8aâ 8f in law decree No. 73 of 17th of January 2014 and specified in decree No. 228 of 7th of March 2013 (employment of seafarers); and Employment Permits Act 2006. $1(2) and (3).
EL: Law 4052/2012 (Official Government Gazette 41 A) as amended to some of its provision by the law N. 4093/2012 (Official Government Gazette 222 A).
ES: Real Decreto-ley 8/2014, de 4 de julio, de aprobacién de medidas urgentes para el crecimiento, la competitividad y la eficiencia, articulo 117 (tramitado como Ley 18/2014, de 15 de octubre).
FI: Laki julkisesta ty6voima-ja yrityspalvelusta (Act on Public Employment and Enterprise Service) (916/2012).
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HR: Labour Market Act (OG 118/18, 32/20);
Labour Act (OG 93/14, 127/17, 98/19); and
Aliens Act (OG 130/11m 74/13, 67/17, 46/18, 53/20).
IE: Employment Permits Act 2006. $1(2) and (3).
IT: Legislative Decree 276/2003 articles 4, 5.
LT: Lithuanian Labour Code of the Republic of Lithuania approved by Law No XII-2603
of 14 September 2016 of the Republic of Lithuania, last amendment 15 October 2020
No XIH-3334; and
The Law on the Legal Status of Aliens of the Republic of Lithuania of 29 April 2004 No. IX-2206, last amendment 10 November 2020 No XIH-3412.
LU: Loi du 18 janvier 2012 portant création de l'Agence pour le développement de l'emploi (Law of 18 January 2012 concerning the creation of an agency for employment development â ADEM).
MT: Employment and Training Services Act, (Cap 343) (Articles 23 to 25); and Employment Agencies Regulations (S.L. 343.24).
EU/NZ/Annex 10-B/en 59
PL: Article 18 of the Act of 20 April 2004 on the promotion of employment and labour market institutions (Dz. U. of 2015, Item. 149, as amended).
PT: Decree-Law No 260/2009 of 25 September, as amended by Law No. 5/2014 of 12 February;
Law No. 28/2016 of the 23 August, and
Law No. 146/2015 of 9 September (access and provision of services by placement agencies).
RO: Law No. 156/2000 on the protection of Romanian citizens working abroad, republished;
Government Decision No. 384/2001 for approving the methodological norms for applying the Law No. 156/2000, with subsequent amendments;
Ordinance of the Government No. 277/2002, as modified by Government Ordinance No. 790/2004 and Government Ordinance No. 1122/2010; and
Law no. 53/2003 â Labour Code, republished, with subsequent amendments and supplement and the Government Decision no 1256/2011 on the operating conditions and authorisation procedure for
temporary work agency.
SI: Labour market regulation act (Official Gazette of RS, No. 80/2010, 21/2013, 63/2013, 55/2017);
and
Employment, Self-employment and Work of Aliens Act â ZZSDT (Official Gazette of RS, No. 47/2015), ZZSDT-UPB2 (Official Gazette of RS, No. 1 /2018).
SK: Act No 5/2004 on Employment Services; and
Act No 455/1991 on Trade Licensing.
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Reservation No. 9 â Business services â Security and investigation services
Sector: Business services â security and investigation services Industry classification: CPC 87301, 87302, 87303, 87304, 87305, 87309 Obligations concerned: Market access
National treatment
Performance requirements
Senior management and boards of directors
Local presence
Chapter Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 61
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a)
Security services (CPC 87302, 87303, 87304, 87305, 87309)
With respect to Investment liberalisation â Market access, National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services â Market access, National treatment, Local presence:
In BG, CY, CZ, EE, LT, LV, MT, PL, RO, SI and SK: The supply of security services.
In DK, HR and HU: The supply of the following sub-sectors: guard services (87305) in HR
and HU, security consultation services (87302) in HR, airport guard services (part of 87305)
in DK and armoured car services (87304) in HU.
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With respect to Investment liberalisation â Market access, National treatment, Senior management and boards of directors and Cross-border trade in services â National treatment,
Local presence:
In BE: Nationality of a Member State is required for boards of directors of juridical persons supplying guard and security services (87305) as well as consultancy and training relating to security services (87302). The senior management of companies providing guard and security
consultancy services are required to be resident nationals of a Member State.
In ES: The Cross-border supply of security services. Nationality requirements exist for private
security personnel.
With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in services â National treatment, Local presence:
In FE: Licences to supply security services may be granted only to natural persons resident in the EEA or juridical persons established in the EEA.
In FR and PT: Nationality requirements exist for specialised personnel in PT, and for managing directors and directors in FR.
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With respect to Cross-border trade in services â Market access, National treatment, Local
presence:
In BE, FI, FR and PT: The supply of security services by a foreign provider on a Cross-border
basis is not allowed.
Existing measures:
BE: Loi réglementant la sécurité privée et particuliére, 2 Octobre 2017.
BG: Private Security Business Act.
CZ: Trade Licensing Act.
DK: Regulation on aviation security.
FI: Laki yksityisista turvallisuuspalveluista 282/2002 (Private Security Services Act).
LT: Law on security of Persons and Assets 8 July 2004 No. [X-2327.
LV: Security Guard Activities Law (Sections 6, 7, 14).
EU/NZ/Annex 10-B/en 64
(b)
PL: Act of 22 August 1997 on the protection of persons and property Journal of Laws of 2016, item 1432 as amended).
PT: Law 34/2013 alterada p/ Lei 46/2019, 16 maio; and
Ordinance 273/2013. alterada p/ Portaria 106/2015, 13 abril.
SE Zakon o zasebnem varovanju (Law on private security).
Investigation services (CPC 87301)
With respect to Investment liberalisation â Market access, National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in
services â Market access, National treatment, Local presence:
In the EU, with the exception of AT and SE: The supply of investigation services.
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Reservation No. 10 â Business services â Other business services
Sector, sub-sector: Business services â other business services (translation and interpretation services, duplicating services, services incidental to
energy distribution and services incidental to manufacturing)
Industry classification: CPC 87905, 87904, 884, 887 Obligations concerned: Market access National treatment
Senior management and boards of directors
Performance requirements
Local presence
Most-favoured-nation treatment
Chapter Chapter: Trade In Services and Investment EU/NZ/Annex 10-B/en 66
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Translation and interpretation services (CPC 87905)
With respect to Cross-border trade in services â Local presence:
In HR: Cross-border supply of translation and interpretation of official documents.
(b) Duplicating services (CPC 87904)
With respect to Cross-border trade in services â Market access, National treatment, Local
presence:
In HU: Cross-border supply of duplicating services.
EU/NZ/Annex 10-B/en 67
(c)
(d)