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Independent professionals



 

1. The Parties reaffirm their respective obligations arising from their commitments under the GATS as regards the entry and temporary stay of independent professionals.

 

 

27 Obtained after having reached the age of majority.

28 Where the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether this is equivalent to a university degree required in its territory.


 

EN 74 EN


2. For every sector listed below, the Parties shall allow the supply of services into their territory by independent professionals of the other Party, subject to the conditions specified in paragraph 3 [of this Article] and in Annexes XVI-C and XVI-F [to this Agreement] on reservations on contractual service suppliers and independent professionals.

 

(a) Legal services

 

(b) Architectural services, urban planning and landscape architecture

 

(c) Engineering and integrated engineering services

 

(d) Computer and related services

 

(e) Management consulting services and services related to management consulting

 

(f) Translation services

 

3. The commitments undertaken by the Parties are subject to the following conditions:

 

(a) The natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in the other Party and must have obtained a service contract for a period not exceeding 12 months;

 

(b) The natural persons entering the other Party must possess, at the date of submission of an application for entry into the other Party, at least six years professional experience in the sector of activity which is the subject of the contract;

 

(c) The natural persons entering the other Party must possess:

 

(i) a university degree or a qualification demonstrating knowledge of an equivalent level29 ; and

 

(ii) professional qualifications where this is required to exercise an activity pursuant to the law, regulations or other legal requirements of the Party where the service is supplied.

 

(d) The entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxembourg, 25 weeks in any 12 month period or for the duration of the contract, whatever is less.

 

(e) Access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract; it does not confer entitlement to use the professional title of the Party where the service is provided.;



 

 

29 Where the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether this is equivalent to a university degree required in its territory.


 

EN 75 EN


2. Other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, which are specified in Annexes XVI-C [to this Agreement] and XVI-F on reservations on contractual service suppliers and independent professionals.

 

Section 5

 





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