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INDEPENDENT PROFESSIONALS



 

EU PARTY

 

1. The list of reservations below indicates the services sectors liberalised pursuant to Articles 101(2) and 102(2) [of this Agreement] (CSS and IP) for which limitations on contractual service suppliers and independent professionals (CSS and IP) apply and specifies such limitations.

 

2. The list is composed of the following elements:

 

· (a) the first column indicating the
  sector or sub-sector in which limitations apply; and
· (b) the second column describing the
  applicable limitations.  

 

The EU Party does not undertake any commitment for contractual service suppliers and independent professionals for any services sector other than those which are explicitly listed below.

 

3. 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; and
· (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.

 

4. Commitments for contractual service suppliers and independent professionals do not apply in cases where the intent or effect of their temporary presence is to interfere with, or otherwise affect the outcome of, any labour/management dispute or negotiation.

 

5. 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 limitation within the meaning of Articles 101(2) and 102(2) [of this Agreement] (CSS and IP). Those measures (e.g. need to obtain a license, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, and need to have a legal domicile in the territory where the economic activity is performed), even if not listed below, apply in any case to contractual service suppliers and independent professionals of Ukraine.

 

6. The list below does not include measures concerning subsidies granted by a Party.


 

 

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7. The list below is without prejudice to the existence of public monopolies or exclusive rights in the relevant sectors, as set out by the EU in its Schedule (Annex XVI-A or Annex XVI-B [to this Agreement]) to Chapter Six (Establishment, Trade in Services and Electronic Commerce) [of Title IV of this Agreement].



 

8. In the sectors where economic needs tests are applied, their main criteria will be the assessment of the relevant market situation in the Member State of the European Union or the region where the service is to be provided, including with respect to the number of, and the impact on, existing services suppliers.

 

9. The rights and obligations arising from the list below shall have no self-executing effect and thus confer no rights directly on natural or juridical persons.

 

10. The following abbreviations are used in the list below:

 

AT Austria

BE Belgium

BG Bulgaria

CY Cyprus

CZ Czech Republic

DE Germany

DK Denmark

EU European Union, including all its Member States

ES Spain

EE Estonia

FI Finland

FR France

EL Greece

HU Hungary

IE Ireland

IT Italy

LV Latvia

LT Lithuania

LU Luxembourg

MT Malta

NL The Netherlands

PL Poland

PT Portugal

RO Romania

SK Slovak Republic

SI Slovenia

SE Sweden

UK United Kingdom


 

 

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  Sector or sub-sector Description of reservations
         
ALL SECTORS     Transitional periods
          BG and RO: Commitments shall enter into force with effect from 1 January
          2014.
          Recognition
          EU: EU directives on mutual recognition of diplomas only apply to nationals
          of EU Member States. The right to practice a regulated professional service in
          one Member State does not grant the right to practice in another Member
          State. 98
       
Legal Advisory Services in respect of AT, CY, DE, EE, IE, LU, NL, PL, PT, SE, UK: None.
public international law and foreign  
law (i.e. non-EU law)     BE, ES, IT, EL: Economic needs test for IP.
(part of CPC 861)99     LV: Economic needs test for CSS.
          BG, CZ, DK, FI, HU, LT, MT, RO, SI, SK: Economic needs tests.
          DK: Marketing of legal advice activities is restricted to lawyers with a
          Danish licence to practice. Requirement of a Danish legal examination in
          order to obtain a Danish licence.
          FR: Full (simplified) admission to the Bar through an aptitude test is
          required. Lawyers’ access to the professions of “av ocat auprès de la Cour de
          cassation” et “avocat auprès du Conseil d’Etat“ is subject to quotas and to a
          nationality condition.
           
Accounting and Bookkeeping BE, CY, DE, EE, ES, IE, IT, LU, NL, PL, PT, SI, SE, UK: None.
Services        
          AT: The employer must be a member of the relevant professional body in
(CPC 86212 other than “auditing the home country where such body exists.
services”, CPC 86213, CPC 86219  
and CPC 86220)     FR: Authorisation requirement. Provision of accounting and bookkeeping
          services is conditional on a decision of the Minister of Economics, Finance
          and Industry, in agreement with the Minister of Foreign Affairs.
          BG, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.
           
           

 

98 In order for third-country nationals to obtain EU-wide recognition of their qualifications, it is necessary that a Mutual Recognition Agreement be negotiated within the framework defined in Article 18 of the Agreement.

99 Like the provision of other services, Legal Services are 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.


 

 

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Sector or sub-sector Description of reservations
   
Taxation Advisory Services BE, DE, EE, ES, FR, IE, IT, LU, NL, PL, SI, SE, UK: None.
(CPC 863) 100 AT: The employer must be a member of the relevant professional body in
  the home country where such body exists; nationality condition for
  representation before competent authorities.
  BG, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.
  CY: Unbound for the submission of tax returns.
  PT: Unbound.
  HU: Residence requirement.
   
Architectural services EE, EL, FR, IE, LU, MT, NL, PL, PT, SI, SE, UK: None.
and BE, ES, IT: Economic needs test for IP.
Urban planning and landscape LV: Economic needs test for CSS.
architectural services  
  FI: The natural person must demonstrate that (s)he possesses special
(CPC 8671 and CPC 8674) knowledge relevant to the service being supplied.
  DK: Economic needs test except for CSS stays of up to three months.
  BG, CY, CZ, DE, FI, HU, LT, RO, SK: Economic needs test.
  AT: Planning services only, where: Economic needs test.
  HU, SK: Residence requirement.
   
Engineering services EE, EL, FR, IE, LU, MT, NL, PL, PT, SI, SE, UK: None.
And BE, ES, IT: Economic needs test for IP.
Integrated engineering services LV: Economic needs test for CSS.
(CPC 8672 and CPC 8673) FI: The natural person must demonstrate that (s)he possesses special
  knowledge relevant to the service being supplied.
  DK: Economic needs test except for CSS stays of up to three months.
  BG, CY, CZ, DE, FI, HU, LT, RO, SK: Economic needs test.
  AT: Planning services only, where: Economic needs test.
  HU: Residence requirement.
   
Computer and Related Services EE, EL, FR, IE, LU, MT, NL, PL, PT, SI, SE: None.
(CPC 84) ES, IT: Economic needs test for IP.
   

 

100 Does not include legal advisory and legal representational services on tax matters, which are to be found under Legal Advisory Services in respect of public international law and foreign law.


 

 

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Sector or sub-sector Description of reservations
           
          LV: Economic needs test for CSS.
          BE: Economic needs test for IP.
          DK: Economic needs test except for CSS stays of up to three months.
          AT, DE, BG, CY, CZ, FI, HU, LT, RO, SK, UK: Economic needs test.
   
Research and Development Services EU, except BE, UK: A hosting agreement with an approved research
          organisation is required102.
(CPC 851, excluding  
psychologists services101, 853) CZ, DK, SK: Economic needs test.
          BE, UK: Unbound.
         
Advertising       BE, CY, DE, EE, ES, FR, IE, IT, LU, NL, PL, PT, SI, SE, UK: None.
(CPC 871)       AT, BG, CZ, DK, EL, FI, HU, LT, LV, MT, RO, SK: Economic needs test.
   
Management Consulting Services DE, EE, EL, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK: None.
(CPC 865)       ES, IT: Economic needs test for IP.
          BE: Economic needs test for IP.
          DK: Economic needs test except for CSS stays of up to three months.
          AT, BG, CY, CZ, FI, HU, LT, RO, SK: Economic needs test.
         
Services Related   to Management DE, EE, EL, FR, IE, LV, LU, MT, NL, PL, PT, SI, SE, UK: None.
Consulting        
          BE, ES, IT: Economic needs test for IP.
(CPC 866)        
          DK: Economic needs test except for CSS stays of up to three months.
          AT, BG, CY, CZ, FI, LT, RO, SK: Economic needs test.
          HU: Economic needs test, except for arbitration and conciliation services
          (CPC 86602), where: Unbound.
         
Technical Testing and Analysis BE, DE, EE, EL, ES, FR, IE, IT, LU, NL, PL, SI, SE, UK: None.
Services          
          DK: Economic needs test except for CSS stays of up to three months.
(CPC 8676)        
          AT, BG, CY, CZ, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.
           
Related Scientific   and Technical BE, EE, EL, ES, IE, IT, LU, NL, PL, SI, SE, UK: None.
Consulting Services      
          AT, CY, CZ, DE, DK, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs
(CPC 8675)       test.
           

 

 

101 Part of CPC 85201, which is to be found under Medical and dental services.

102 For all Member States except DK, the approval of the research organisation and the hosting agreement have to meet the conditions set pursuant to EU Directive 2005/71/EC.


 

 

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Sector or sub-sector Description of reservations
   
  DE: Unbound for publicly appointed surveyors.
  FR: Unbound for “surveying” operations relating to the establishment of
  property rights and to land law where unbound.
  BG: Unbound.
   
Maintenance and repair of vessels BE, CY, EE, EL, ES, FR, IT, LV, LU, NL, PL, PT, SI, SE: None.
(part of CPC 8868) AT, BG, CZ, DE, DK, FI, HU, IE, LT, MT, RO: Economic needs test.
  SK: Economic needs test.
  UK: Unbound.
   
Maintenance and repair of rail BE, CY, EE, EL, ES, FR, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
transport equipment  
  AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test.
(part of CPC 8868)  
  UK: Unbound.
   
Maintenance and repair of motor BE, EE, EL, ES, FR, IT, LV, LU, NL, PL, PT, SI, SE: None.
vehicles, motorcycles, snowmobiles  
and road transport equipment AT, BG, CY, CZ, DE, DK, FI, HU, IE, LT, MT, RO, SK: Economic needs
  test.
(CPC 6112, CPC 6122, part of CPC  
8867 and part of CPC 8868) UK: Unbound.
   
Maintenance and repair of aircraft BE, CY, EE, EL, ES, FR, IT, LV, LU, MT, NL, PL, PT, SI, SE: None.
and parts thereof  
  AT, BG, CZ, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test.
(part of CPC 8868)  
  UK: Unbound.
   
Maintenance and repair of metal BE, EE, EL, ES, FR, IT, LV, LU, MT, NL, PL, PT, SI, SE, UK: None.
products, of (non office) machinery,  
of (non transport and non office) AT, BG, CY, CZ, DE, DK, FI, HU, IE, LT, RO, SK: Economic needs test.
equipment and of personal and  
household goods 103  
(CPC 633, CPC 7545, CPC 8861,  
CPC 8862, CPC 8864, CPC 8865 and  
CPC 8866)  
   
Translation DE, EE, FR, LU, MT, NL, PL, PT, SI, SE, UK: None.
(CPC 87905, excluding official or BE, ES, IT, EL: Economic needs test for IP.
certified activities)  
  CY, LV: Economic needs test for CSS.
  AT, BG, CZ, DK, FI, HU, IE, LT, RO, SK: Economic needs test.
   

 

103 Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under Computer services.


 

 

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  Sector or sub-sector Description of reservations
         
Site investigation work     BE, DE, EE, EL, ES, FR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK: None.
(CPC 5111)       AT, BG, CY, CZ, FI, HU, LT, LV, RO, SK: Economic needs test.
          DK: Economic needs test except for CSS stays of up to three months.
         
Environmental services     BE, EE, ES, FR, IE, IT, LU, MT, NL, PL, PT, SI, SE, UK: None.
(CPC 9401104, CPC 9402, CPC 9403, AT, BG, CY, CZ, DE, DK, EL, FI, HU, LT, LV, RO, SK: Economic needs
CPC 9404105, part of CPC 94060106, test.
CPC 9405, part of CPC 9406, CPC  
9409)        
       
Travel Agencies and Tour Operators AT, CZ, DE, EE, ES, FR, IT, LU, NL, PL, SI, SE: None.
Services (including tour managers107)  
          DK: Economic needs test except for CSS stays of up to three months.
(CPC 7471)        
          IE: Unbound except for tour managers.
          BG, EL, FI, HU, LT, LV, MT, PT, RO, SK: Economic needs test.
          BE, CY: Unbound, except for tour managers (persons whose function is to
          accompany a tour group of a minimum of 10 persons, without acting as
          guides in specific locations)
          UK: Unbound.
           
Entertainment Services other than AT, BG, CZ, DE, DK, EE, EL, ES, FI, HU, IE, IT, LT, LU, LV, MT, NL,
audiovisual services (including PL, PT, RO, SK, SE: Advanced qualification108 may be required. Economic
Theatre, Live Bands, Circus and Needs Test.
Discotheque Services)      
          SI: Duration of stay limited to 7 days per event. For circus and amusement
(CPC 9619)       park services duration of stay is limited to a maximum of 30 days per calendar
          year.
          FR: Unbound for CSS, except if:
          - The artists have obtained an employment contract from an authorised
          entertainment enterprise.
          - The work permit is delivered for a period not exceeding nine months
          renewable for the duration of three months.
          - Compliance with an Economic Need Test is required. Main criteria:
          assessment of the labour market situation in the area of activity concerned in
          the geographical area where the service is to be provided.
          - The entertainment enterprise must pay a tax to the Office Français de
           

 

104 Corresponds to sewage services.

105 Corresponds to Cleaning Services of Exhaust Gases.

106 Corresponds to parts of Nature and Landscape Protection Services.

107 Services suppliers whose function is to accompany a tour group of a minimum of 10 persons, without acting as guides in specific locations.

108 Where the qualification has not been obtained in the EU and its Member States, the Member State concerned may evaluate whether this is equivalent to the qualification required in its territory.


 

 

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Sector or sub-sector Description of reservations
   
  l'Immigration et de l'Intégration.
  CY: Economic needs test for Live Bands and Discotheque Services.
  BE, UK: Unbound.
   

 

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ANNEX XVI-D

 





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