Council Decision (EU) 2019/485 of 5 March 2019 on the conclusion of the relevant Agreements under Article XXI of the General Agreement on Trade in Services with Argentina Australia Brazil Canada China the Separate customs territory of Taiwan Penghu Kinmen and Matsu (Chinese Taipei) Colombia Cuba Ecuador Hong Kong China India Japan Korea New Zealand the Philippines Switzerland and the United States on the necessary compensatory adjustments resulting from the accession of Czechia Estonia Cyprus Latvia Lithuania Hungary Malta Austria Poland Slovenia Slovakia Finland and Sweden to the European Union
1. The Agreements with Argentina, Australia, Brazil, Canada, China, the Separate customs territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Colombia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland and the United States, on the necessary compensatory adjustments under Article XXI of GATS resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the Union, are hereby approved on behalf of the Union.
2. The Agreements referred to in paragraph 1 are attached to this Decision.
This Decision shall enter into force on the date of its adoption.
Supplementary provisions
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
—
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2&3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8 672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8 673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8 674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2&3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of ‘At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…’).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2&3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the Europe Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2&3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a) Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) -c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2&3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…" instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…" instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…").
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…" instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…" instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…" instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
ANNEX ISupplementary provisions
ANNEX I
A)
Modifications notified in document S/SECRET/8
Horizontal Commitments
•
Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.
•
National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.
•
National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these Member States.
•
National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member States.
•
Cyprus' market access commitments on mode 4. These commitments are withdrawn.
•
Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of the Community Member State concerned. This limitation is now extended to these Member States.
•
Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member State.
•
Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying services. This limitation is now extended to this Member State.
•
Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially withdrawn.
•
Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in any 12 months period. This limitation is now extended to this Member State.
Sectoral commitments
•
Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.
•
Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, Lithuania and Austria are withdrawn.
•
Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an extension only refers to adult education services.
•
Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regard s mode 3, Lithuania as regard s mode 1, Hungary as regard s mode 3 and Slovakia as regard s mode 3. These limitations are now extended to these Member States.
•
Space Transport. The commitment included in the schedule of Austria is withdrawn.
•
Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and another one under mode 3) are introduced for Poland.
•
Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent carrier.
•
Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS controlled by an air carrier of one or more third countries.
•
Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.
B)
Modifications notified in document S/SECRET/9
Horizontal Commitments
•
Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These commitments are withdrawn.
Sectoral commitments
•
Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
•
Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.
ANNEX IISupplementary provisions
ANNEX II
COMPENSATION BY THE EC
•
Mode 3 horizontal limitation on public utilities
—
Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.
•
Mode 3 horizontal limitations on investment
—
Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).
•
Mode 4 for intra-corporate transferees and business visitors
—
Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.
•
Professional services - Engineering services (CPC 8672)
—
Market Access and National Treatment Commitments by CY and MT in Mode 2
—
Market Access commitments by CY, CZ, MT & SK in Mode 3
—
National Treatment commitments by CY and MT in Mode 3
—
Removal of the market access limitation for PT in mode 3
•
Professional services - Integrated Engineering Services (CPC 8673):
—
Removal of the ENT applied on Mode 4/CSS by the UK
—
Market Access and National Treatment commitments by SK in Mode 3
•
Professional services - Urban planning and landscape architectural services (CPC 8674):
—
Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.
—
Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.
•
Computer and related services -
—
Addition of a clarificatory footnote.
—
Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849
—
Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.
•
Advertising services (CPC 871):
—
Market Access and National Treatment commitments by CY, MT & PL in Mode 1
•
Telecommunication services
—
New and improved commitments by the entire EC as offered in its revised DDA offer.
—
A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services.
—
A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).
•
Financial services (insurance services):
—
Removal of part of the market access limitations for SK in Mode 3
•
Financial services (banking)
—
FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).
•
Hotels, Restaurants and Catering
—
New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.
•
Travel Agencies and Tour Operators Services
—
Removal of the ENT applied on Mode 3 by the CZ
•
Hairdressing services
—
Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3
The following abbreviations are used to indicate the Member States:
AT
Austria
BE
Belgium
CY
Cyprus
CZ
Czech Republic
DE
Germany
DK
Denmark
EE
Estonia
EL
Greece
ES
Spain
FI
Finland
FR
France
HU
Hungary
IE
Ireland
IT
Italy
LT
Lithuania
LU
Luxembourg
LV
Latvia
MT
Malta
NL
The Netherlands
PL
Poland
PT
Portugal
SE
Sweden
SI
Slovenia
SK
Slovak Republic
UK
United Kingdom
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
