Главная Обратная связь

Дисциплины:






LIST OF COMMITMENTS ON CROSS-BORDER SERVICES 1 страница



 

(Referred to in Article 95 [of this Agreement])

 

EU PARTY

 

1. The list of commitments below indicates the services sectors liberalised by the EU Party pursuant to Article 95 [of this Agreement] and, by means of reservations, the market access and national treatment limitations that apply to services and service suppliers of Ukraine in those sectors. The lists are composed of the following elements:

 

· (a) A first column indicating the
  sector or sub-sector in which the commitment is assumed by the Party, and the
  scope of liberalisation to which the reservations apply.
· (b) A second column describing the
  applicable reservations.    

 

When the column referred to under (b) only includes Member State-specific reservations, Member States not mentioned therein undertake commitments in the sector concerned without reservations (the absence of Member State-specific reservations in a given sector is without prejudice to horizontal reservations or to sectoral EU-wide reservations that may apply).

 

Sectors or sub-sectors not mentioned in the list below are not committed.

 

2. In identifying individual sectors and sub-sectors:

 

· (a) CPC means the Central Products
  Classification as set out in Statistical Office of the United Nations, Statistical
  Papers, Series M, N° 77, CPC prov, 1991.  
· (b) CPC ver. 1.0 means the Central
  Products Classification as set out in Statistical Office of the United Nations,
  Statistical Papers, Series M, N° 77, CPC ver 1.0, 1998.

 

3. The list below does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures when they do not constitute a market access or a national treatment limitation within the meaning of Articles 93 and 94 of the Agreement. Those measures (e.g. need to obtain a license, universal service obligations, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, non-discriminatory requirement that certain activities may not be carried out in environmental protected zones or areas of particular historic and artistic interest), even if not listed, apply in any case to investors of the other Party.


 

343 LIMITE


LIMITE

 

 

4. The list below is without prejudice to the feasibility of Mode 1 in certain services sectors and sub-sectors and without prejudice to the existence of public monopolies and exclusive rights as described in the list of commitments on establishment.



 

5. In accordance with Article 85(3) of the Agreement, the list below does not include measures concerning subsidies granted by the Parties.

 

6. The rights and obligations arising from this list of commitments shall have no self-executing effect and thus confer no rights directly to individual natural persons or juridical persons.

 

7. For the sectors concerned by regulatory approximation, as set out in Annex XVII [to this Agreement], the restrictions listed hereunder shall be lifted in accordance with Article 4(3) of Annex XVII [to this Agreement].

 

Sector or sub-sector     Description of reservations  
       
1. BUSINESS SERVICES      
A. Professional Services        
         
a) Legal Services     For Modes 1 and 2  
(CPC 861)61       AT, CY, ES, EL, LT, MT, SK: Full admission to the Bar, required for  
        the practice of domestic (EU and Member State) law, is subject to a  
        nationality condition  
(excluding legal advisory and legal BE, FI: Full admission to the Bar, required for legal representation  
documentations and certification services, is subject to a nationality condition, coupled with residency  
services provided by legal requirements. In BE quotas apply for appearing before the “ Cour de  
professionals entrusted with public cassation” in non-criminal cases.  
functions, such as notaries, huissiers BG: Foreign lawyers can only provide legal representation services of  
de justice or other officiers publics et  
a national of their home country and subject to reciprocity and  
ministériels)      
    cooperation with a Bulgarian lawyer. For legal mediation services  
         
        permanent residence is required.  
        FR: Lawyers’ access to the profession of “ avocat auprès de la Cour  
        de Cassation” et “ avocat auprès du Conseil d’Etat” is subject to  
        quotas and to a nationality condition  
        HU: Full admission to the Bar is subject to a nationality condition,  
        coupled with residency requirements. For foreign lawyers the scope of  
        legal activities is limited to the provision of legal advice.  
        LV: Nationality requirement for sworn solicitors, to whom legal  
        representation in criminal proceedings is reserved.  
        DK: Marketing of legal advice activities is restricted to lawyers with a  
        Danish licence to practice and law firms registered in Denmark.  
        Requirement of a Danish legal examination in order to obtain a  

 

Includes legal advisory, legal representational, legal arbitration and conciliation/mediation, and legal documentation and certification services. Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the investor or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these may take inter alia the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained) insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of EU law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in the EU acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EU since it involves practice of EU and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national or belonging to the State in which the lawyer is entitled to practice.


 

 

344 LIMITE


LIMITE

 

 

  Danish licence.  
  SE: Admission to the Bar, necessary only for the use of the Swedish  
  title “ advokat”, is subject to a residency requirement.  
     
b) 1. Accounting and Bookkeeping    
Services For Mode 1  
(CPC 86212 other than “auditing FR, HU, IT, MT, RO, SI: Unbound  
services”, CPC 86213, CPC 86219 AT: Nationality condition for representation before competent  
and CPC 86220)  
authorities  
   
  For Mode 2  
  All Member States except DE: None  
  DE: Statutory audits may only be carried out by statutory auditors or  
  audit firms who are approved in Germany.  
     
b) 2. Auditing services For Mode 1  
(CPC 86211 and 86212 other than BE, BG, CY, DE, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PT, RO,  
accounting services) SI, UK: Unbound  
  AT: Nationality condition for representation before competent  
  authorities and for performing audits provided for in specific Austrian  
  laws (e.g. joint stock companies law, stock exchange law, banking  
  law, etc.)  
  SE: Only auditors approved in Sweden may perform legal auditing  
  services in certain legal entities, a.o. in all limited companies. Only  
  such persons may be shareowners or form partnerships in companies  
  which practice qualified auditing (for official purposes). Residency  
  required for approval.  
  For Mode 2  
  None  
     
c) Taxation Advisory Services For Mode 1  
(CPC 863)62 AT: Nationality condition for representation before competent  
  authorities  
  CY: Tax agents must be duly authorized by the Minister of Finance.  
  Authorization is subject to an economic needs test. The criteria used  
  are analogous to those for granting permission for foreign investment  
  (listed in horizontal section), as they apply to this sub-sector, always  
  taking into consideration the employment situation in the sub-sector.  
  BG, MT, RO, SI: Unbound  
  For Mode 2  
  None  
     
d) Architectural services For Mode 1  
And AT: Unbound except for planning services.  
e) Urban planning and landscape BE, BG, CY, EL, IT, MT, PL, PT, SI: Unbound  
architectural services DE: Application of the national rules on fees and emoluments for all  
   
  services which are performed from abroad  
(CPC 8671 and CPC 8674) HU, RO: Unbound for landscape architectural services  
  For Mode 2  
     

 

 

Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.a). Legal services.


 

 

345 LIMITE


LIMITE

 

 

          None  
     
f) Engineering services; and For Mode 1  
g) Integrated engineering services AT, SI: Unbound except for pure planning services.  
(CPC 8672 and CPC 8673) BG, CY, EL, IT, MT, PT: Unbound  
          For Mode 2  
          None  
     
h) Medical (including Psychologists), For Mode 1  
and Dental services   AT, BE, BG, CY, DE, DK, EE, ES, FI, FR, EL, IE, IT, LU, MT, NL,  
           
          PT, RO, SK, UK: Unbound  
(CPC 9312 and part of CPC 85201) SI: Unbound for social medicine, sanitary, epidemiological,  
          medical/ecological services, the supply of blood, blood preparations  
          and transplants and autopsy.  
          For Mode 2  
          None  
       
i) Veterinary services   For Mode 1  
(CPC 932)       AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU, IE, IT, LV, MT,  
          NL, PT, RO, SI, SK: Unbound  
          UK: Unbound except for veterinary laboratory and technical services  
          supplied to veterinary surgeons, general advice, guidance and  
          information e.g.: nutritional, behaviour and pet care.  
          For Mode 2  
          None  
       
j) 1. Midwives services   For Mode 1  
(part of CPC 93191)   AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU, IE, IT, LV, LT,  
          LU, MT, NL, PT, RO, SI, SK, UK: Unbound  
j) 2. Services provided by Nurses, FI, PL: Unbound except for nurses  
Physiotherapists and Paramedical    
Personnel       For Mode 2  
(part of CPC 93191)   None  
     
k) Retail sales of pharmaceuticals For Mode 1  
and retail sales of medical and AT, BE, BG, DE, CY, CZ, DK, ES, FI, FR, EL, IE, IT, LU, MT, NL,  
orthopaedical goods    
  PL, PT, RO, SK, SE, SI, UK: Unbound  
           
(CPC 63211)     LV, LT: Unbound except for mail order  
and other services supplied by HU: Unbound except for CPC 63211  
pharmacists63     For Mode 2  
           
          None  
     
B. Computer and Related Services    
(CPC 84)       For Modes 1 and 2  
          None  
           
C. Research and Development    
Services          
     
a) R&D services on Social Sciences    
and Humanities     For Modes 1 and 2  
(CPC 852 excluding psychologists EU: For publicly funded R&D services, exclusive rights and/or  

 

 

The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements and procedures applicable in Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.


 

 

346 LIMITE


      LIMITE  
  services)64   authorisations can only be granted to nationals of the Member States    
       
         
  b) R&D services on natural sciences   of the European Union and to juridical persons of the European Union    
  (CPC 851) and   having their headquarters in the European Union.    
  c) Interdisciplinary R&D services        
  (CPC 853)        
           
  D. Real Estate Services65        
           
  a) Involving Own or Leased Property   For Mode 1    
  (CPC 821)   BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: Unbound    
      For Mode 2    
      None    
           
  b) On a Fee or Contract Basis   For Mode 1    
  (CPC 822)   BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: Unbound    
      For Mode 2    
      None    
           
  E. Rental/Leasing Services without        
  Operators        
           
  a) Relating to Ships   For Mode 1    
  (CPC 83103)   BG, CY, DE, HU, MT, RO: Unbound    
      For Mode 2    
      None    
           
  b) Relating to Aircraft   For Mode 1    
  (CPC 83104)   BG, CY, CZ, HU, LV, MT, PL, RO, SK: Unbound.    
      For Mode 2    
      BG, CY, CZ, LV, MT, PL, RO, SK: Unbound.    
      AT, BE, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, NL, PT,    
      SI, SE, UK: Aircraft used by an air carrier of the European Union    
      have to be registered in the Member State of the European Union    
      licensing the air carrier or elsewhere in the European Union. Waivers    
      can be granted for short term lease contracts or under exceptional    
      circumstances.    
           
  c) Relating to Other Transport   For Mode 1    
  Equipment   BG, CY, HU, LV, MT, PL, RO, SI: Unbound    
         
      SE: Suppliers of rental or leasing services of cars and certain off-road    
      vehicles (terrängmotorfordon) without a driver, ren ted or leased for a    
      period of less than one year, are obliged to appoint someone to be    
      responsible for ensuring, inter alia, that the business is conducted in    
      accordance with applicable rules and regulations and that the road    
      traffic safety rules are followed. The responsible person must reside in    
      Sweden.    
  (CPC 83101, CPC 83102 and CPC   For Mode 2    
  83105)   None    
         
           





sdamzavas.net - 2018 год. Все права принадлежат их авторам! В случае нарушение авторского права, обращайтесь по форме обратной связи...