Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part - Main contents
Document date | 20-08-2010 |
---|---|
Publication date | 01-11-2013 |
Reference | 8530/10 ADD 15 |
External link | original article |
Original document in PDF |
COUNCIL OF Brussels, 20 August 2010 THE EUROPEAN UNION (OR. en)
8530/10
Interinstitutional File: ADD 15
2010/0075 (NLE)
WTO 114 SERVICES 21 COMER 63 COASI 69
LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject: Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part
8530/10 ADD 15 UH/hc
ANNEX 5
Intentionally left blank
EU/KR/ANNEX 5/en 1
ANNEX 6
Intentionally left blank
EU/KR/ANNEX 6/en 1
ANNEX 7-A
LISTS OF COMMITMENTS
EU Party
-
1.List of commitments in conformity with Article 7.7 (Cross-Border Supply)
-
2.List of commitments in conformity with Article 7.13 (Establishment)
-
3.List of reservations in conformity with Articles 7.18 (Key Personnel and Graduate Trainees)
and 7.19 (Business Service Sellers)
Korea
-
4.Schedule of Specific Commitments in Conformity with Articles 7.7, 7.13, 7.18 and 7.19
A. Schedule of Specific Commitments in Service Sectors
B. Schedule of Specific Commitments in Establishment
EU/KR/ANNEX 7-A/en 1
ANNEX 7-A-1
EU PARTY
LIST OF COMMITMENTS IN CONFORMITY WITH ARTICLE 7.7
(CROSS-BORDER SUPPLY OF SERVICES)
-
1.The list of commitments below indicates the service sectors liberalised pursuant to Article 7.7
and, by means of reservations, the market access and national treatment limitations that apply
to services and service suppliers of Korea in those sectors. The list below is composed of the
following elements:
(a) the first column indicating the sector or sub-sector in which the commitment is
undertaken by the EU Party, and the scope of liberalisation to which the reservations
apply; and
(b) the second column describing the applicable reservations.
Cross-border supply of services in sectors or sub-sectors covered by this Agreement and not
mentioned in the list below is not committed.
EU/KR/ANNEX 7-A/en 2
-
2.In identifying individual sectors and sub-sectors:
(a) CPC means the Central Products Classification as referred to in footnote 27 to
Article 7.25; and
(b) CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of
the United Nations, Statistical Papers, Series M, N° 77, CPC ver 1.0, 1998.
-
3.The list below does not include measures relating to qualification requirements and
procedures, technical standards and licensing requirements and procedures when they do not
constitute a market access or a national treatment limitation within the meaning of Articles 7.5
and 7.6. Those measures (e.g. need to obtain a license, universal service obligations, need to
obtain recognition of qualifications in regulated sectors and need to pass specific
examinations, including language examinations), even if not listed, apply in any case to
services and service suppliers of Korea.
-
4.The list below is without prejudice to the feasibility of the cross-border supply of service
provided in Article 7.4.3(i) in certain service sectors and sub-sectors and without prejudice to
the existence of public monopolies and exclusive rights as described in the list of
commitments on establishment.
-
5.In accordance with Article 7.1.3, the list below does not include measures concerning
subsidies granted by a Party.
EU/KR/ANNEX 7-A/en 3
-
6.The rights and obligations arising from the list below shall have no self-executing effect and
thus confer no rights directly to natural or juridical persons.
-
7.The following abbreviations are used in the list below:
AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czech Republic
DE Germany
DK Denmark
EU European Union, including all its Member States
ES Spain
EE Estonia
FI Finland
FR France
EU/KR/ANNEX 7-A/en 4
EL Greece
HU Hungary
IE Ireland
IT Italy
LV Latvia
LT Lithuania
LU Luxembourg
MT Malta
NL Netherlands
PL Poland
PT Portugal
RO Romania
SK Slovakia
SI Slovenia
SE Sweden
UK United Kingdom
EU/KR/ANNEX 7-A/en 5
Sector or sub-sector Description of reservations
ALL SECTORS Real estate
For Modes 1 and 2
All Member States except AT, BG, CY, CZ, DK, EL, FI, HU, IE, IT, LT, MT, PL, RO, SI, SK: None.
AT: The acquisition, purchase as well as rent or lease of real estate by foreign natural persons and juridical persons requires an authorisation by the competent regional authorities (Länder) which will consider whether important economic, social or
cultural interests are affected or not.
BG: Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited
property rights 1 of real estate subject to the permission of the Ministry of Finance. The permission requirement does not apply to
persons who have made investments in Bulgaria.
Foreign citizens with permanent residence abroad, foreign juridical persons and companies in which foreign participation ensures
a majority in adopting decisions or blocks the adoption of decisions, can acquire real estate property rights in specific geographic
regions designated by the Council of Ministers subject to permission.
CY: Unbound.
CZ: Limitations on real estate acquisition by foreign natural and legal entities. Foreign entities may acquire real property through establishment of Czech legal entities or participation in joint ventures. Acquisition of land by foreign entities is subject
to authorisation.
DK: Limitations on real estate purchase by non-resident physical and legal entities. Limitations on agricultural estate purchased by foreign physical and legal entities.
1 The Bulgarian property law recognizes the following limited property rights: right to use, right to build, right to raise a superstructure
and servitudes.
EU/KR/ANNEX 7-A/en 6
Sector or sub-sector Description of reservations
EL: According to Law No. 1892/90, permission from the Minister of Defence is needed for a citizen to acquire land in areas near borders. According to administrative practices, permission is easily granted for direct investment.
FI: (Åland Islands): Restrictions on the right for natural persons who do not enjoy regional citizenship in Åland, and for juridical persons, to acquire and hold real property on the Åland Islands without permission by the competent authorities of the islands. Restrictions on the right of establishment and the right to provide services by natural persons who do not enjoy regional
citizenship in Åland, or by any juridical person, without permission by the competent authorities of the Åland Islands.
HU: Limitations on acquisition of land and real estate by foreign investors 2 .
IE: Prior written consent of the Land Commission is necessary for the acquisition of any interest in Irish land by domestic or foreign companies or foreign nationals. Where such land is for industrial use (other than agricultural industry), this requirement is waived subject to certification to this effect from the Minister for Enterprise, Trade and Employment. This law does not apply to land within the boundaries of cities and towns.
IT: The purchase of real estate by foreign natural and juridical persons is subject to a condition of reciprocity.
LT: Unbound for acquisition of land 3 .
MT: The requirements of Maltese legislation and regulations regarding acquisition of real property shall continue to apply.
PL: Acquisition of real estate, direct or indirect, by foreigners (a natural or foreign legal persons) requires permission. Unbound for acquisition of state-owned property (i.e. the regulations governing the privatization process) .
RO: Natural persons not having Romanian citizenship and residence in Romania, as well as legal persons not having Romanian nationality and their headquarters in Romania, cannot acquire ownership over any kind of land plots, through inter vivos acts.
2 As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
EU/KR/ANNEX 7-A/en 7
Sector or sub-sector Description of reservations
SI: Juridical persons, established in Slovenia with foreign capital participation, may acquire real estate in the territory of Slovenia.
Branches 4 established in Slovenia by foreign persons may only acquire real estate, except land, necessary for the conduct of the
economic activities for which they are established. Ownership of real estate in areas within 10 km from the border by companies in which a majority of capital or voting rights belongs directly or indirectly to juridical persons or nationals of the other Party is subject to special permission.
SK: Limitations on real estate acquisition by foreign physical and legal entities. Foreign entities may acquire real property through establishment of Slovak legal entities or participation in joint ventures. Unbound for land.
4 According to the Law on Commercial Companies, a branch established in Slovenia is not considered a juridical person, but as regards its
operation, its treatment is equal to that of a subsidiary, which is in line with Article XXVIII paragraph (g) of the GATS.
EU/KR/ANNEX 7-A/en 8
Sector or sub-sector Description of reservations
-
1.BUSINESS SERVICES
A. Professional Services
-
a)Legal Services For Modes 1 and 2
5
(CPC 861) AT, CY, ES, EL, LT, MT, SK: Full admission to the Bar, required for the practice of domestic (EU and Member State) law, is subject to a nationality condition.
5 It includes legal advisory services, legal representational services, legal arbitration and conciliation/mediation services, and legal documentation
and certification services.
Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in the Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these licensing requirements and procedures may take, inter alia, the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained), insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of EU law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in a Member State of the European Union acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EU Party since it involves practice of EU and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national of or belonging to the State in which the lawyer is entitled to practice.
EU/KR/ANNEX 7-A/en 9
Sector or sub-sector Description of reservations
excluding legal advisory and legal BE, FI: Full admission to the Bar, required for legal representation services, is subject to a nationality condition, coupled with a documentations and certification residency requirement. In BE quotas apply for representation before the "Cour de cassation" in non-criminal cases. services provided by legal
professionals entrusted with BG: Korean lawyers can only provide legal representation services for a Korean national subject to reciprocity and cooperation with a public functions, such as notaries, Bulgarian lawyer. For legal mediation services, permanent residence is required.
"huissiers de justice" or other FR: Lawyers' access to the profession of "avocat auprès de la Cour de Cassation" and "avocat auprès du Conseil d'État" is subject to
"officiers publics et ministériels". quotas and to a nationality condition.
HU: Full admission to the Bar is subject to a nationality condition, coupled with a residency requirement. For foreign lawyers, the scope of legal activities is limited to the provision of legal advice.
LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved.
DK: Marketing of legal advice services is reserved to lawyers with a Danish licence to practice and law firms registered in Denmark.
Requirement of a Danish legal examination in order to obtain a Danish licence.
SE: Admission to the Bar, necessary only for the use of the Swedish title "advokat", is subject to a residency requirement.
-
b)1. Accounting and For Mode 1
Bookkeeping Services FR, HU, IT, MT, RO, SI: Unbound.
(CPC 86212 other than auditing
services, CPC 86213, CPC 86219 AT: Nationality condition for representation before competent authorities.
and CPC 86220) For Mode 2
None.
EU/KR/ANNEX 7-A/en 10
Sector or sub-sector Description of reservations
-
b)2. Auditing services For Mode 1
(CPC 86211 and 86212 other than BE, BG, CY, DE, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PT, RO, SI, UK: Unbound.
accounting services) AT: Nationality condition for representation before competent authorities and for performing audits provided for in specific Austrian
laws (e.g. joint stock companies law, stock exchange law, banking law, etc.)
SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, inter alia, in all limited companies. Only such persons may be shareholders or form partnerships in companies which practice qualified auditing (for official purposes). Residency is required for approval.
LT: Auditor's report must be prepared in conjunction with an auditor accredited to practice in Lithuania.
For Mode 2
None.
-
c)Taxation Advisory Services For Mode 1
6
(CPC 863) AT: Nationality condition for representation before competent authorities.
CY: Tax agents must be duly authorised by the Minister of Finance. Authorisation is subject to an economic needs test. The criteria used
are analogous to those for granting permission for foreign investment (listed in horizontal section). As these criteria apply to this
sub-sector, the employment situation in the sub-sector is always taken into consideration.
BG, MT, RO, SI: Unbound.
For Mode 2
None.
6 Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.a) Legal Services.
EU/KR/ANNEX 7-A/en 11
Sector or sub-sector Description of reservations
-
d)Architectural services For Mode 1
and AT: Unbound except for planning services.
-
e)Urban planning and landscape BE, BG, CY, EL, IT, MT, PL, PT, SI: Unbound.
architectural services DE: Application of the domestic rules on fees and emoluments for all services which are performed from abroad.
(CPC 8671 and CPC 8674) HU, RO: Unbound for landscape architectural services.
For Mode 2
None.
-
f)Engineering services; and For Mode 1
-
g)Integrated engineering services AT, SI: Unbound except for pure planning services.
(CPC 8672 and CPC 8673) BG, CY, EL, IT, MT, PT: Unbound.
For Mode 2
None.
-
h)Medical (including For Mode 1
Psychologists), and
Dental services AT, BE, BG, CY, DE, DK, EE, ES, FI, FR, EL, IE, IT, LU, MT, NL, PT, RO, SK, UK: Unbound.
(CPC 9312 and part of SI: Unbound for social medicine services, sanitary services, epidemiological services, medical/ecological services, the supply of blood, CPC 85201) blood preparations and transplants and autopsy.
For Mode 2
None.
EU/KR/ANNEX 7-A/en 12
Sector or sub-sector Description of reservations
-
i)Veterinary services For Mode 1
(CPC 932) AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU, IE, IT, LV, MT, NL, PT, RO, SI, SK: Unbound.
UK: Unbound except for veterinary laboratory and technical services supplied to veterinary surgeons, general advice, guidance and
information (e.g. nutritional, behaviour and pet care)
For Mode 2
None.
-
j)1. Midwives services For Mode 1
(part of CPC 93191) AT, BE, BG, CY, CZ, DE, DK, EE, ES, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PT, RO, SI, SK, UK: Unbound.
-
j)2. Services provided by Nurses, FI, PL: Unbound except for nurses.
Physiotherapists and
Paramedical Personnel For Mode 2
(part of CPC 93191) None.
EU/KR/ANNEX 7-A/en 13
Sector or sub-sector Description of reservations
-
k)Retail sales of pharmaceuticals For Mode 1 and retail sales of medical and
orthopaedical goods AT, BE, BG, DE, CY, DK, ES, FI, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SE, SK, SI, UK: Unbound. (CPC 63211) CZ, LV, LT: Unbound except for mail order. and other services supplied HU: Unbound except for CPC 63211.
by pharmacists 7 For Mode 2
None.
B. Computer and Related Services For Modes 1 and 2
(CPC 84) None.
C. Research and Development Services
R&D services on Social Sciences None. and Humanities
(CPC 852 excluding
8
psychologists services)
7 The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements
and procedures applicable in the Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States of the European Union , only the supply of prescription drugs is reserved to pharmacists.
8 Part of CPC 85201, which is to be found under 1.A.h) Medical and Dental services.
EU/KR/ANNEX 7-A/en 14
Sector or sub-sector Description of reservations
R&D services on natural sciences EU: For publicly funded R&D services, exclusive rights and/or authorisations can only be granted to nationals of the Member States
(CPC 851) of the European Union and to juridical persons of the European Union having their headquarters in the European Union.
Interdisciplinary R&D services
(CPC 853)
9
D. Real Estate Services
-
a)Involving Own or Leased For Mode 1
Property BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: Unbound. (CPC 821) For Mode 2
None.
-
b)On a Fee or Contract Basis For Mode 1
(CPC 822) BG, CY, CZ, EE, HU, IE, LV, LT, MT, PL, RO, SK, SI: Unbound.
For Mode 2
None.
9 The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons
purchasing real estate.
EU/KR/ANNEX 7-A/en 15
Sector or sub-sector Description of reservations
E. Rental/Leasing Services without Operators
-
a)Relating to Ships For Mode 1
(CPC 83103) BG, CY, DE, HU, MT, RO: Unbound.
For Mode 2
None.
-
b)Relating to Aircraft For Mode 1
(CPC 83104) BG, CY, CZ, HU, LV, MT, PL, RO, SK: Unbound.
For Mode 2
BG, CY, CZ, LV, MT, PL, RO, SK: Unbound.
AT, BE, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, NL, PT, SI, SE, UK: Aircraft used by an air carrier of the European Union
have to be registered in the Member State of the European Union licensing the air carrier or elsewhere in the European Union. Waivers
can be granted for short term lease contracts or under exceptional circumstances.
-
c)Relating to Other For Mode 1
Transport Equipment BG, CY, HU, LV, MT, PL, RO, SI: Unbound.
(CPC 83101, CPC 83102 and
CPC 83105) For Mode 2
None.
EU/KR/ANNEX 7-A/en 16
Sector or sub-sector Description of reservations
-
d)Relating to Other Machinery For Mode 1
and Equipment BG, CY, CZ, HU, MT, PL, RO, SK: Unbound.
(CPC 83106, CPC 83107,
CPC 83108 and CPC 83109) For Mode 2
None.
-
e)Relating to personal and For Modes 1 and 2
household goods BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.
(CPC 832) EE: Unbound except for leasing or rental services concerning pre-recorded video-cassettes for use in home entertainment equipment.
-
f)Telecommunications For Modes 1 and 2
equipment rental None.
(CPC 7541)
F. Other Business Services
-
a)Advertising For Modes 1 and 2
(CPC 871) None.
-
b)Market Research and For Modes 1 and 2
Opinion Polling None.
(CPC 864)
-
c)Management For Modes 1 and 2
Consulting Services None.
(CPC 865)
EU/KR/ANNEX 7-A/en 17
Sector or sub-sector Description of reservations
-
d)Services Related to For Modes 1 and 2
Management Consulting HU: Unbound for arbitration and conciliation services (CPC 86602).
(CPC 866)
-
e)Technical Testing and For Mode 1
Analysis Services IT: Unbound for the profession of biologists and chemical analysts. (CPC 8676) BG, CY, CZ, MT, PL, RO, SK, SE: Unbound.
For Mode 2
BG, CY, CZ, MT, PL, RO, SK, SE: Unbound.
-
f)Advisory and Consulting For Mode 1 services incidental to Agriculture,
Hunting and Forestry IT: Unbound for activities reserved to agronomists and "periti agrari". (part of CPC 881) EE, MT, RO, SI: Unbound.
For Mode 2
None.
-
g)Advisory and Consulting For Mode 1
Services Relating to Fishing LV, MT, RO, SI: Unbound.
(part of CPC 882) For Mode 2
None.
EU/KR/ANNEX 7-A/en 18
Sector or sub-sector Description of reservations
-
h)Advisory and Consulting For Modes 1 and 2
Services incidental
to Manufacturing None.
(part of CPC 884 and part of
CPC 885)
-
i)Placement and Supply Services of Personnel
-
i)1. Executive search For Mode 1
(CPC 87201) AT, BG, CY, CZ, DE, EE, ES, FI, IE, LV, LT, MT, PL, PT, RO, SK, SI, SE: Unbound.
For Mode 2
AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SK, SI: Unbound.
-
i)2. Placement Services For Mode 1
(CPC 87202) AT, BE, BG, CY, CZ, DE, DK, EE, ES, EL, FI, FR, IE, IT, LU, LV, LT, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.
For Mode 2
AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SI, SK: Unbound.
-
i)3. Supply Services of office For Mode 1
support personnel AT, BG, CY, CZ, DE, EE, FI, FR, IT, IE, LV, LT, MT, NL, PL, PT, RO, SE, SK, SI: Unbound.
(CPC 87203) For Mode 2
AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SK, SI: Unbound.
EU/KR/ANNEX 7-A/en 19
Sector or sub-sector Description of reservations
-
i)4. Supply services of domestic For Modes 1 and 2 help personnel, other commercial
or industrial workers, nursing and All Member States except HU: Unbound.
other personnel HU: None.
(CPCs 87204, 87205, 87206,
87209)
-
j)1. Investigation Services For Modes 1 and 2
(CPC 87301) BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, UK: Unbound.
-
j)2. Security Services For Mode 1
(CPC 87302, CPC 87303, HU: Unbound for CPC 87304, CPC 87305
CPC 87304 and CPC 87305) BE, BG, CY, CZ, ES, EE, FI, FR, IT, LV, LT, MT, PT, PL, RO, SI, SK: Unbound.
For Mode 2
HU: Unbound for CPC 87304, CPC 87305
BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Unbound.
-
k)Related Scientific and For Mode 1
Technical Consulting Services BE, BG, CY, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, RO, SI, UK: Unbound for exploration services.
(CPC 8675) For Mode 2
None.
EU/KR/ANNEX 7-A/en 20
Sector or sub-sector Description of reservations
-
l)1. Maintenance and repair For Mode 1
of vessels For maritime transport vessels: BE, BG, CY, DE, DK, ES, FI, FR, EL, IE, IT, LT, MT, NL, PL, PT, RO, SE, SI, UK: Unbound. (part of CPC 8868) For internal waterways transport vessels: EU except EE, HU, LV: Unbound.
For Mode 2
None.
-
l)2. Maintenance and Repair of For Mode 1
Rail Transport Equipment AT, BE, BG, DE, CY, CZ, DK, ES, FI, FR, EL, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SE, SI, SK, UK: Unbound.
(part of CPC 8868) For Mode 2
None.
-
l)3. Maintenance and Repair of For Modes 1 and 2 motor vehicles, motorcycles,
snowmobiles and road None.
transport Equipment
(CPC 6112, CPC 6122, part of
CPC 8867 and part of CPC 8868)
EU/KR/ANNEX 7-A/en 21
Sector or sub-sector Description of reservations
-
l)4. Maintenance and Repair of For Mode 1
Aircraft and parts thereof BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, IE, IT, LT, LU, MT, NL, PT, RO, SK, SI, SE, UK: Unbound. (part of CPC 8868) For Mode 2
None.
-
l)5. Maintenance and Repair For Modes 1 and 2 services of metal products, of
(non-office) machinery, of None.
(non-transport and non-office) equipment and of personal and
household goods 10
(CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)
-
m)Building-Cleaning Services For Mode 1
(CPC 874) AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LU, LV, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.
For Mode 2
None.
10 Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under l. F. l) 1. to 1. F. l) 4.
Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 1.B. Computer and
Related Services.
EU/KR/ANNEX 7-A/en 22
Sector or sub-sector Description of reservations
-
n)Photographic Services For Mode 1
(CPC 875) BG, EE, MT, PL: Unbound for the supply of aerial photographic services.
LV: Unbound for specialty photographic services. (CPC 87504)
For Mode 2
None.
-
o)Packaging Services For Modes 1 and 2
(CPC 876) None.
-
p)Printing and Publishing For Modes 1 and 2
(CPC 88442) None.
-
q)Convention Services For Modes 1 and 2
(part of CPC 87909) None.
-
r)1. Translation and For Mode 1
Interpretation Services PL: Unbound for services of sworn interpreters.
(CPC 87905) HU, SK: Unbound for official translation and interpretation.
For Mode 2
None.
EU/KR/ANNEX 7-A/en 23
Sector or sub-sector Description of reservations
-
r)2. Interior design and other For Mode 1
specialty design services DE: Application of the domestic rules on fees and emoluments for all services which are performed from abroad. (CPC 87907) For Mode 2
None.
-
r)3. Collection Agency Services For Modes 1 and 2
(CPC 87902) BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
-
r)4. Credit reporting services For Modes 1 and 2
(CPC 87901) BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
-
r)5. Duplicating services For Mode 1
(CPC 87904) 11 AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SI, SE, SK, UK: Unbound
For Mode 2
None.
-
r)6. Telecommunications For Modes 1 and 2
consulting services None.
(CPC 7544)
-
r)7. Telephone answering services For Modes 1 and 2
(CPC 87903) None.
11 Does not include printing services, which fall under CPC 88442 and are to be found under 1.F. p).
EU/KR/ANNEX 7-A/en 24
Sector or sub-sector Description of reservations
-
2.COMMUNICATION SERVICES
A. Postal and Courier Services For Modes 1 and 2
(Services relating to the None.
handling 12 of postal items 13
according to the following list of sub-sectors, whether for domestic or foreign destinations: (i) Handling of addressed written communications on any kind of
14
physical medium , including Hybrid mail service and Direct mail, (ii) Handling of addressed
15
parcels and packages , (iii) Handling of addressed press
products 16 , (iv) Handling of items
referred to in (i) to (iii) above as registered or insured mail,
12 "Handling" refers to activities such as clearance, sorting, transport and delivery.
13 "Postal item" refers to items handled by any type of commercial operator, whether public or private. 14 E.g. letters, postcards.
15 Books and catalogues are included hereunder.
16 Journals, newspapers, and periodicals.
EU/KR/ANNEX 7-A/en 25
Sector or sub-sector Description of reservations
(v) Express delivery services 17 for
items referred to in (i) to (iii) above, (vi) Handling of non-addressed items, and (vii)
Document exchange 18
Sub-sectors (i), (iv) and (v) are however excluded when they fall into the scope of the services which may be reserved for items of correspondence the price of which is less than five times the public basic tariff, provided that
19
they weigh less than 350 grams , and for the registered mail service used in the course of judicial or administrative procedures.)
17 Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin,
personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit, and confirmation of receipt.
18 Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange
of postal items between users subscribing to this service. "Postal item" refers to items handled by any type of commercial operator, whether public or private.
19 "Items of correspondence" means a communication in written form on any kind of physical medium to be conveyed and delivered at the address
indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.
EU/KR/ANNEX 7-A/en 26
Sector or sub-sector Description of reservations
(part of CPC 751, part of
20
CPC 71235 and part of
21
CPC 73210 )
B. Telecommunications Services
These services do not cover the economic activity consisting of the provision of content which requires telecommunications services for its transport.
-
a)All services consisting of the For Modes 1 and 2 transmission and reception of
signals by any electromagnetic None.
22
means , excluding broadcasting 23
20 Transportation of postal and courier items on own account by any land mode.
21 Transportation of mail on own account by air.
22 These services do not include on-line information and/or data processing (including transaction processing) (part of CPC 843) which is to be
found under 1.B. Computer and Related services.
23 Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general
public, but does not cover contribution links between operators.
EU/KR/ANNEX 7-A/en 27
Sector or sub-sector Description of reservations
-
b)Satellite broadcast For Modes 1 and 2
transmission services 24 EU: None except that service providers in this sector may be subject to obligations to safeguard general interest objectives related to
the conveyance of content through their network in line with the EU regulatory framework for electronic communications.
BE: Unbound.
-
3.CONSTRUCTION AND For Modes 1 and 2 RELATED ENGINEERING
SERVICES (CPC 511, CPC 512, None.
CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518)
24 These services cover the telecommunications services consisting of the transmission and reception of radio and television broadcast by satellite
(the uninterrupted chain of transmission via satellite required for the distribution of TV and radio programme signals to the general public). This
covers selling use of satellite services, but does not include the selling of television programme packages to households. These services do not
include domestic links (the transmission of those signals from the domestic territory to the domestic territory by satellite).
EU/KR/ANNEX 7-A/en 28
Sector or sub-sector Description of reservations
-
4.DISTRIBUTION SERVICES For Modes 1 and 2
(excluding distribution of arms, EU except AT, SI, SE, FI: Unbound for distribution of chemical products, and of precious metals (and stones). munitions, explosives and other
war material) AT: Unbound for distribution of pyrotechnical goods, of ignitable articles and blasting devices and of toxic substances.
A. Commission Agents' Services AT, BG: Unbound for distribution of products for medical use such as medical and surgical devices, medical substances and objects for medical use.
-
a)Commission Agents' Services
of motor vehicles, motorcycles For Mode 1
and snowmobiles and parts and AT, BG, FR, PL, RO: Unbound for distribution of tobacco and tobacco products.
accessories thereof IT: For wholesale trade services, state monopoly on tobacco.
(part of CPC 61111, part of CPC
6113 and part of CPC 6121 ) BG, FI, PL, RO, SE: Unbound for distribution of alcoholic beverages. b) Other Commission AT, BG, CZ, FI, RO, SK, SI: Unbound for distribution of pharmaceuticals.
Agents' Services BG, HU, PL: Unbound for commodity brokers' services.
(CPC 621) FR: For commission agents' services, unbound for traders and brokers working in 17 markets of national interest on fresh food
products. Unbound for wholesale of pharmaceuticals.
EU/KR/ANNEX 7-A/en 29
Sector or sub-sector Description of reservations
B. Wholesale Trade Services MT: Unbound for commission agents' services.
-
a)Wholesale Trade Services of BE, BG, CY, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, SK, UK: For retailing services, unbound except for mail order.
motor vehicles, motorcycles and
snowmobiles and parts and
accessories thereof
(part of CPC 61111, part of CPC 6113 and part of CPC 6121 )
-
b)Wholesale Trade Services of telecommunication terminal equipment
(part of CPC 7542)
-
c)Other wholesale trade services
(CPC 622 excluding wholesale trade services of
energy products 25 )
25 These services, which include CPC 62271, are to be found in ENERGY SERVICES under 14.D.
EU/KR/ANNEX 7-A/en 30
Sector or sub-sector Description of reservations
C. Retailing Services 26
Retailing Services of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof
(CPC 61112, part of CPC 6113 and part of CPC 6121 )
Retailing Services of telecommunication terminal equipment
(part of CPC 7542)
Food retailing services
(CPC 631)
26 Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 1.B. and 1.F.l).
Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 14.E. and 14.F.
EU/KR/ANNEX 7-A/en 31
Sector or sub-sector Description of reservations
Retailing services of other (non-energy) goods, except retail sales of pharmaceutical, medical
27
and orthopaedic goods
(CPC 632 excluding CPC 63211 and 63297)
D. Franchising
(CPC 8929)
-
5.EDUCATIONAL SERVICES (only privately-funded services)
A. Primary Education Services For Mode 1
(CPC 921) BG, CY, FI, FR, IT, MT, RO, SE, SI: Unbound.
For Mode 2
CY, FI, MT, RO, SE, SI: Unbound.
27 Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 1.A.k).
EU/KR/ANNEX 7-A/en 32
Sector or sub-sector Description of reservations
B. Secondary Education Services For Mode 1
(CPC 922) BG, CY, FI, FR, IT, MT, RO, SE: Unbound.
For Mode 2
CY, FI, MT, RO, SE: Unbound.
For Modes 1 and 2
LV: Unbound for education services relating to technical and vocational secondary school-type education services for handicapped
students (CPC 9224).
C. Higher Education Services For Mode 1
(CPC 923) AT, BG, CY, FI, MT, RO, SE: Unbound.
FR: Nationality condition. However, Korean nationals can have authorisation from competent authorities to establish and direct an education institution, and to teach.
IT: Nationality condition for service providers to be authorised to issue State recognized diplomas.
For Mode 2
AT, BG, CY, FI, MT, RO, SE: Unbound.
For Modes 1 and 2
CZ, SK: Unbound for higher education services, except post-secondary technical and vocational education services (CPC 92310).
EU/KR/ANNEX 7-A/en 33
Sector or sub-sector Description of reservations
D. Adult Education Services For Modes 1 and 2
(CPC 924) CY, FI, MT, RO, SE: Unbound.
For Mode 1
AT: Unbound for adult education services by means of radio or television broadcasting.
E. Other education services For Modes 1 and 2
(CPC 929) AT, BE, BG, CY, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SI, SE, UK: Unbound.
-
6.ENVIRONMENTAL For Mode 1
SERVICES EU: Unbound except for consulting services. A. Waste Water Services For Mode 2
(CPC 9401) 28 None.
B. Solid/hazardous waste management, excluding crossborder transport of hazardous waste
-
a)Refuse Disposal Services
(CPC 9402)
-
b)Sanitation and Similar Services
(CPC 9403)
28 Corresponds to sewage services.
EU/KR/ANNEX 7-A/en 34
Sector or sub-sector Description of reservations
C. Protection of ambient air and climate
(CPC 9404) 29
D. Remediation and clean-up of soil and waters
-
a)Treatment, remediation of contaminated/polluted soil and water
(part of CPC 94060) 30
E. Noise and vibration abatement
(CPC 9405)
F. Protection of biodiversity and landscape
-
a)Nature and landscape protection services
(part of CPC 9406)
G. Other environmental and ancillary services
(CPC 94090)
29 Corresponds to cleaning services of exhaust gases.
30 Corresponds to parts of nature and landscape protection services.
EU/KR/ANNEX 7-A/en 35
Sector or sub-sector Description of reservations
-
7.FINANCIAL SERVICES
A. Insurance and For Modes 1 and 2
insurance-related services AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PL, PT, RO, SK, SE, SI, UK:
Unbound for direct insurance services except for insurance of risks relating to:
(a) Maritime shipping, commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and
(b) goods in international transit.
AT: Promotional activity and intermediation on behalf of a subsidiary not established in the European Union or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited. Compulsory air insurance, except for insurance of international commercial air transport, can be underwritten only by a subsidiary established in the European Union or by a branch established in Austria. Higher premium tax is due for insurance contracts (except for contracts on reinsurance and retrocession) which are written by a subsidiary not established in the European Union or by a branch not established in Austria. Exception from the higher premium tax can be granted.
DK: Compulsory air transport insurance can be underwritten only by firms established in the European Union. No persons or companies (including insurance companies) may, for business purposes in Denmark, assist in effecting direct insurance for persons resident in Denmark, for Danish ships or for property in Denmark, other than insurance companies licensed by Danish law or by Danish competent authorities.
DE: Compulsory air insurance policies can be underwritten only by a subsidiary established in the European Union or by a branch established in Germany. If a foreign insurance company has established a branch in Germany, it may conclude insurance contracts in Germany relating to international transport only through the branch established in Germany.
EU/KR/ANNEX 7-A/en 36
Sector or sub-sector Description of reservations
FR: Insurance of risks relating to ground transport may be underwritten only by insurance firms established in the European Union.
PL: Unbound except for reinsurance, retrocession and insurance of goods in international trade.
PT: Air and maritime transport insurance, covering goods, aircraft, hull and liability, can be underwritten only by firms established in
the European Union. Only persons or companies established in the European Union may act as intermediaries for such insurance
business in Portugal.
RO: Reinsurance on international market is allowed only if the reinsured risk cannot be placed on the domestic market.
For Mode 1
AT, BE, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PT, RO, SK, SE, SI, UK: Unbound for direct insurance intermediation services except for insurance of risks relating to:
(a) Maritime shipping, commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and
(b) goods in international transit.
BG: Unbound for direct insurance, except for services supplied by foreign suppliers to foreign persons in the territory of Bulgaria. Transport insurance, covering goods, insurance of vehicles as such and liability insurance regarding risks located in Bulgaria may not be underwritten by foreign insurance companies directly. A foreign insurance company may conclude insurance contracts only through a branch in the European Union. Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes.
EU/KR/ANNEX 7-A/en 37
Sector or sub-sector Description of reservations
CY, LV, MT: Unbound for direct insurance services except for insurance of risks relating to:
(a) Maritime shipping, commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and
(b) goods in international transit.
LT: Unbound for direct insurance services except for insurance of risks relating to:
(a) Maritime shipping, commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and
(b) goods in international transit, except related to land transport where the risk is located in Lithuania.
LV, LT, PL: Unbound for insurance intermediation.
FI: Only insurers having their head office in the European Union or having their branch in Finland may offer direct insurance (including co-insurance) services. The supply of insurance broker services is subject to a permanent place of business in the European Union.
HU: The supply of direct insurance in the territory of Hungary by insurance companies not established in the European Union is
allowed only through a branch office registered in Hungary.
IT: Unbound for the actuarial profession. Transport insurance of goods, insurance of vehicles as such and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the European Union. This reservation does not apply to international transport involving imports into Italy.
EU/KR/ANNEX 7-A/en 38
Sector or sub-sector Description of reservations
SE: The supply of direct insurance is allowed only through an insurance service supplier authorised in Sweden, provided that the foreign service supplier and the Swedish insurance company belong to the same group of companies or have an agreement of cooperation between them.
ES: For actuarial services, residency requirement and three-years relevant experience.
For Mode 2
AT, BE, BG, CZ, CY, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO, SK, SE, SI, UK: Unbound for intermediation.
BG: For direct insurance, Bulgarian natural and juridical persons, as well as foreign persons who conduct business activity in the territory of Bulgaria, can conclude insurance contracts only with suppliers which are licensed to conduct insurance activity in Bulgaria with respect to their activity in Bulgaria. Insurance compensation resulting from these contracts shall be paid in Bulgaria. Unbound for deposit insurance and similar compensations schemes, as well as mandatory insurance schemes.
IT: Transport insurance of goods, insurance of vehicles as such and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the European Union. This reservation does not apply to international transport involving imports into Italy.
B. Banking and other financial For Mode 1
services (excluding insurance) AT, BE, BG, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LU, NL, PL, PT, SK, SE, UK: Unbound except for provision of financial
All sub-sectors indicated below information and financial data processing and for advisory and other auxiliary services excluding intermediation.
BE: Establishment in Belgium is required for the provision of investment advisory services.
BG: Limitations and conditions relating to the use of telecommunications network may apply.
CY: Unbound except for trading of transferable securities, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.
EU/KR/ANNEX 7-A/en 39
Sector or sub-sector Description of reservations
EE: For acceptance of deposits, requirement of authorisation by the Estonian Financial Supervision Authority and registration under Estonian Law as a joint-stock company, a subsidiary or a branch.
EE: The establishment of a specialised management company is required to perform the activities of management of investment funds, and only firms having their registered office in the European Union can act as depositories of the assets of investment funds.
LT: The establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies, and only firms having their registered office in the European Union can act as depositories of the assets of investment funds.
IE: The provision of investment services or investment advice requires either (a) authorisation in Ireland, which normally requires that the entity be incorporated or be a partnership or a sole trader, in each case with a head/registered office in Ireland (authorisation may not be required in certain cases, e.g. where a Korean service supplier has no commercial presence in Ireland and the service is not provided for private individuals), or (b) authorisation in another Member State of the European Union in accordance with the European Union directive on investment and services.
IT: Unbound for "promotori di servizi finanziari" (financial salesmen).
LV: Unbound except for participation in issue of all kinds of securities, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.
LT: Commercial presence is required for pension fund management.
MT: Unbound except for acceptance of deposits, for lending of all types, for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation.
PL: For the provision and transfer of financial information, and financial data processing and related software, requirement to use the
public telecommunications network, or the network of other authorised operator.
EU/KR/ANNEX 7-A/en 40
Sector or sub-sector Description of reservations
RO: Unbound for financial leasing, for trading of money market instruments, foreign exchange, derivative products, exchange rate and interest rate instruments, transferable securities and other negotiable instruments and financial assets, for participation in issue of all kinds of securities, for asset management and for settlement and clearing services for financial assets. Payments and money transmission services are allowed only through a bank established in Romania.
SI:
(a) Participation in issue of Treasury bonds, pension fund management: Unbound.
(b) All other sub-sectors, except participation in issue of Treasury bonds, pension fund management, provision and transfer of financial information and advisory and other auxiliary financial services: Unbound except accepting credits (borrowing of all types), and accepting guarantees and commitments from foreign credit institutions by domestic legal entities and sole proprietors. Foreign persons can offer foreign securities only through domestic banks and stock broking company. Members of the Slovenian Stock Exchange must be incorporated in Slovenia or be branches of foreign investment firms or banks.
For Mode 2
BG: Limitations and conditions relating to the use of telecommunications network may apply.
PL: For the provision and transfer of financial information, and financial data processing and related software, requirement to use the
public telecommunications network, or the network of other authorised operator.
EU/KR/ANNEX 7-A/en 41
Sector or sub-sector Description of reservations
-
8.HEALTH SERVICES AND
SOCIAL SERVICES
(only privately-funded services)
A. Hospital Services For Mode 1
(CPC 9311) AT, BE, BG, DE, CY, CZ, DK, ES, EE, FI, FR, EL, IE, IT, LV, LT, MT, LU, NL, PL, PT, RO, SI, SE, SK, UK: Unbound.
C. Residential health facilities For Mode 2
other than hospital services None.
(CPC 93193)
D. Social Services For Mode 1
(CPC 933) AT, BE, BG, CY, CZ, DE, DK, EE, ES, EL, FI, FR, HU, IE, IT, LU, MT, PL, PT, RO, SE, SI, SK, UK: Unbound.
For Mode 2
BE: Unbound except for convalescent and rest houses and old people's homes.
EU/KR/ANNEX 7-A/en 42
Sector or sub-sector Description of reservations
-
9.TOURISM AND TRAVEL RELATED SERVICES
A. Hotel, Restaurants For Mode 1
and Catering AT, BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound except
(CPC 641, CPC 642 and for catering.
CPC 643) For Mode 2
excluding catering in air
transport services 31 None.
B. Travel Agencies and Tour For Mode 1
Operators Services BG, HU: Unbound. (including tour managers) For Mode 2 (CPC 7471) None.
C. Tourist Guides Services For Mode 1
(CPC 7472) BG, CY, CZ, HU, IT, LT, MT, PL, SK, SI: Unbound.
For Mode 2
None.
31 Catering in air transport services is to be found in SERVICES AUXILIARY TO TRANSPORT under 12.E.a) Ground-handling services.
EU/KR/ANNEX 7-A/en 43
Sector or sub-sector Description of reservations
-
10.RECREATIONAL,
CULTURAL AND SPORTING
SERVICES (other than audio-visual services)
A. Entertainment Services For Mode 1
(including Theatre, Live Bands,
Circus and Discotheque Services) BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI, UK: Unbound.
(CPC 9619) For Mode 2
CY, CZ, FI, MT, PL, RO, SK, SI: Unbound.
BG: Unbound, except for theatrical producer, singer group, band and orchestra entertainment services (CPC 96191); services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192); and ancillary theatrical services (CPC 96193).
EE: Unbound for other entertainment services (CPC 96199) except for cinema theatre services.
LT, LV: Unbound except for cinema theatre operation services (part of CPC 96199).
B. News and Press For Mode 1
Agencies Services BG, CY, CZ, EE, HU, LT, MT, RO, PL, SI, SK: Unbound.
(CPC 962) For Mode 2
BG, CY, CZ, HU, LT, MT, PL, RO, SI, SK: Unbound.
EU/KR/ANNEX 7-A/en 44
Sector or sub-sector Description of reservations
C. Libraries, archives museums For Mode 1
and other cultural services BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound. (CPC 963) For Mode 2
BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, HU, IE, IT, LT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
D. Sporting services For Modes 1 and 2
(CPC 9641) AT: Unbound for ski school services and mountain guide services.
BG, CZ, LV, MT, PL, RO, SK: Unbound.
For Mode 1
CY, EE: Unbound.
E. Recreation park and For Modes 1 and 2
beach Services None.
(CPC 96491)
EU/KR/ANNEX 7-A/en 45
Sector or sub-sector Description of reservations
-
11.TRANSPORT SERVICES
A. Maritime Transport For Modes 1 and 2
-
a)International None. passenger transportation
(CPC 7211 less national
cabotage transport 32 ).
-
b)International freight transportation
(CPC 7212 less national
cabotage transport 33 )
32 Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not
include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the European Union.
33 Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not
include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the European Union.
EU/KR/ANNEX 7-A/en 46
Sector or sub-sector Description of reservations
B. Internal Waterways Transport For Modes 1 and 2
-
a)Passenger transportation EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main(CPC
7221 less national Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding
34
cabotage transport ) ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.
-
b)Freight transportation AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as a legal person, a nationality condition for the majority of managing directors, the managing board and the supervisory board. Registered company or
(CPC 7222 less national permanent establishment in Austria is required. In addition, the majority of the business shares must be held by citizens of the
35
cabotage transport ) European Union.
BG, CY, CZ, EE, FI, HU, LT, MT, RO, SE, SI, SK: Unbound.
34 Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not
include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the European Union.
35 Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not
include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the European Union.
EU/KR/ANNEX 7-A/en 47
Sector or sub-sector Description of reservations
C. Rail Transport For Mode 1
-
a)Passenger transportation EU: Unbound.
(CPC 7111) For Mode 2
-
b)Freight transportation None.
(CPC 7112)
D. Road Transport For Mode 1
-
a)Passenger Transportation EU: Unbound.
(CPC 7121 and CPC 7122) For Mode 2
-
b)Freight Transportation None.
(CPC 7123, excluding transportation of postal and courier
items on own account 36 )
E. Pipeline transport of goods For Mode 1:
other than fuel 37 EU: Unbound.
(CPC 7139) For Mode 2:
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
36 Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 2.A. Postal and Courier Services.
37 Pipeline transportation of fuels is to be found in ENERGY SERVICES under 14.B.
EU/KR/ANNEX 7-A/en 48
Sector or sub-sector Description of reservations
-
12.SERVICES AUXILIARY
TO TRANSPORT 38
A. Services auxiliary to For Mode 1:
Maritime Transport EU: Unbound* for maritime cargo handling services and pushing and towing services.
-
a)Maritime Cargo
Handling Services AT, BG, CY, CZ, DE, EE, HU, LT, MT, PL, RO, SE, SI, SK: Unbound for rental of vessels with crew. b) Storage and For Mode 2:
warehousing Services None.
(part of CPC 742)
-
c)Customs Clearance Services
-
d)Container Station and Depot Services
-
e)Maritime Agency Services
-
f)Maritime freight forwarding Services
-
g)Rental of Vessels with Crew
(CPC 7213)
38 Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 1.F.l) 1
to 1.F.l) 4.
-
*Unbound due to lack of technical feasibility.
EU/KR/ANNEX 7-A/en 49
Sector or sub-sector Description of reservations
-
h)Pushing and towing services
(CPC 7214)
-
i)Supporting services for maritime transport
(part of CPC 745)
-
j)Other supporting and auxiliary services
(part of CPC 749)
EU/KR/ANNEX 7-A/en 50
Sector or sub-sector Description of reservations
B. Services auxiliary to internal For Modes 1 and 2
waterways transport EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Maina)
Cargo-handling services Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding
(part of CPC 741) ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping. b) Storage and EU: Unbound for pushing and towing services.
warehouse services For Mode 1
(part of CPC 742) AT, BG, CY, CZ, DE, EE, FI, HU, LV, LT, MT, RO, SK, SI, SE: Unbound for rental of vessels with crew.
-
c)Freight transport agency services
(part of CPC 748)
-
d)Rental of Vessels with Crew
(CPC 7223)
-
e)Pushing and towing services
(CPC 7224)
-
f)Supporting services for internal waterways transport
( part of CPC 745)
-
g)Other supporting and auxiliary services
(part of CPC 749)
EU/KR/ANNEX 7-A/en 51
Sector or sub-sector Description of reservations
C. Services auxiliary to For Mode 1
rail transport EU: Unbound for pushing and towing services. a) Cargo-handling services For Mode 2
(part of CPC 741) None.
-
b)Storage and warehouse services
(part of CPC 742)
-
c)Freight transport agency services
(part of CPC 748)
-
d)Pushing and towing services
(CPC 7113)
-
e)Supporting services for rail transport services
(CPC 743)
-
f)Other supporting and auxiliary services
(part of CPC 749)
EU/KR/ANNEX 7-A/en 52
Sector or sub-sector Description of reservations
D. Services auxiliary to For Mode 1
road transport AT, BG, CY, CZ, EE, HU, LV, LT, MT, PL, RO, SK, SI, SE: Unbound for rental of commercial road vehicles with operators. a) Cargo-handling services For Mode 2
(part of CPC 741) None.
-
b)Storage and warehouse services
(part of CPC 742)
-
c)Freight transport agency services
(part of CPC 748)
-
d)Rental of Commercial Road
Vehicles with Operators
(CPC 7124)
-
e)Supporting services for road transport
(CPC 744)
-
f)Other supporting and auxiliary services
(part of CPC 749)
EU/KR/ANNEX 7-A/en 53
Sector or sub-sector Description of reservations
E. Services auxiliary to air transport services
-
a)Ground-handling services For Mode 1
(including catering services) EU: Unbound except for catering.
For Mode 2
BG, CY, CZ, HU, MT,PL, RO, SK SI: Unbound.
-
b)Storage and For Modes 1 and 2
warehouse services None.
(part of CPC 742)
-
c)Freight transport For Modes 1 and 2
agency services None.
(part of CPC 748)
EU/KR/ANNEX 7-A/en 54
Sector or sub-sector Description of reservations
-
d)Rental of aircraft with crew For Mode 1 and 2
(CPC 734) EU: Aircraft used by an air carrier of the European Union have to be registered in the Member State of the European Union licensing
the air carrier or, if the licensing Member State so allows, elsewhere in the European Union.
To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control.
By exception, aircraft registered in Korea may be leased by a Korean air carrier to an air carrier of the European Union in specific circumstances for the air carrier of the European Union's exceptional needs, seasonal capacity needs, or needs to overcome operational difficulties, which cannot reasonably be satisfied through leasing aircraft registered within the European Union, and subject to obtaining the approval of a limited duration from the Member State of the European Union licensing the air carrier of the European Union.
-
e)Sales and Marketing For Modes 1 and 2
-
f)Computer Reservations System EU: Where air carriers of the European Union are not accorded equivalent treatment 39 to that provided in the European Union by CRS
services suppliers in Korea, or where CRS services suppliers of the European Union are not accorded equivalent treatment to that provided in the European Union by air carriers in Korea, measures may be taken to accord equivalent treatment, respectively, to the air carriers of Korea by the CRS services suppliers in the European Union, or to the CRS services suppliers of Korea by the air carriers in the European Union.
39 "Equivalent treatment" implies non-discriminatory treatment of air carriers of the European Union and CRS services suppliers of the
European Union.
EU/KR/ANNEX 7-A/en 55
Sector or sub-sector Description of reservations
F. Services auxiliary to pipeline For Mode 1:
transport of goods other than fuel 40 AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
-
a)Storage and warehouse services
of goods other than fuel For Mode 2
transported by pipelines None.
(part of CPC 742)
-
13.OTHER TRANSPORT SERVICES
Provision of Combined All Member States except AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SI, SK: None, without prejudice to the limitations
Transport Service inscribed in this List of Commitments affecting any given mode of transport.
AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SI, SK: Unbound.
40 Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 14.C.
EU/KR/ANNEX 7-A/en 56
Sector or sub-sector Description of reservations
-
14.ENERGY SERVICES
A. Services Incidental to Mining For Modes 1 and 2
41
(CPC 883) None.
B. Pipeline Transportation of fuels For Mode 1:
(CPC 7131) EU: Unbound.
For Mode 2:
AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
C. Storage and warehouse For Mode 1: services of fuels transported
through pipelines AT, BE, BG, CY, CZ, DE, DK, ES, FI, FR, EL, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound. (part of CPC 742) For Mode 2
None.
41 Includes the following services rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation,
on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services and plugging and abandoning of wells. Does not include direct access to or exploitation of natural resources. Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES.
EU/KR/ANNEX 7-A/en 57
Sector or sub-sector Description of reservations
D. Wholesale trade services of For Mode 1: solid, liquid and gaseous fuels and
related products EU: Unbound for wholesale trade services of electricity, steam and hot water.
(CPC 62271) For Mode 2 and wholesale trade services of None.
electricity, steam and hot water
E. Retailing Services of For Mode 1:
motor fuel EU: Unbound.
(CPC 613) For Mode 2
None.
F. Retail sales of fuel oil, bottled For Mode 1:
gas, coal and wood EU: Unbound for retailing services of electricity, (non-bottled) gas, steam and hot water.
(CPC 63297) BE, BG, CY, CZ, DE, DK, ES, FR, EL, IE, IT, LU, MT, NL, PL, PT, SK, UK: For Retail sales of fuel oil, bottled gas, coal and
and retailing services of wood, unbound except for mail order (none for mail order). electricity, (non-bottled) gas,
steam and hot water For Mode 2
None.
G. Services incidental to For Mode 1:
energy distribution EU: Unbound except for consultancy services (none for consultancy services).
(CPC 887) For Mode 2
None.
EU/KR/ANNEX 7-A/en 58
Sector or sub-sector Description of reservations
-
15.OTHER SERVICES NOT
INCLUDED ELSEWHERE
-
a)Washing, Cleaning and For Mode 1:
Dyeing services EU: Unbound.
(CPC 9701) For Mode 2
None.
-
b)Hairdressing services For Mode 1:
(CPC 97021) EU: Unbound.
For Mode 2
None.
-
c)Cosmetic treatment, manicuring For Mode 1:
and pedicuring services EU: Unbound.
(CPC 97022) For Mode 2
None.
-
d)Other beauty treatment For Mode 1:
services n.e.c EU: Unbound.
(CPC 97029) For Mode 2
None.
EU/KR/ANNEX 7-A/en 59
Sector or sub-sector Description of reservations
-
e)Spa services and non For Mode 1: therapeutical massages, to the
extent that they are provided as EU: Unbound.
relaxation physical well-being For Mode 2 services and not for medical or
42
rehabilitation purposes None.
(CPC ver. 1.0 97230)
-
g)Telecommunications For Modes 1 and 2
connection services None.
(CPC 7543)
42 Therapeutical massages and thermal cure services are to be found under 1.A.h) Medical and Dental services, 1.A.j) 2. Services provided by
Nurses, Physiotherapists and Paramedical Personnel, and Health Services (8.A and 8.C).
EU/KR/ANNEX 7-A/en 60 ANNEX 7-A-2
EU PARTY
LIST OF COMMITMENTS IN CONFORMITY WITH ARTICLE 7.13
(ESTABLISHMENT)
-
1.The list of commitments below indicates the economic activities liberalised pursuant to
Article 7.13 and, by means of reservations, the market access and national treatment
limitations that apply to establishments and investors of Korea in those activities. The list
below is composed of the following elements:
(a) the first column indicating the sector or sub-sector in which the commitment is
undertaken by the EU Party, and the scope of liberalisation to which the reservations
apply; and
(b) the second column describing the applicable reservations.
Establishment in sectors or sub-sectors covered by this Agreement and not mentioned in the
list below is not committed.
EU/KR/ANNEX 7-A/en 61
-
2.In identifying individual sectors and sub-sectors:
(a) ISIC rev 3.1 means the International Standard Industrial Classification of all Economic
Activities as set out in Statistical Office of the United Nations, Statistical Papers,
Series M, N° 4, ISIC REV 3.1, 2002;
(b) CPC means the Central Products Classification as referred to in footnote 27 to
Article 7.25; and
(c) CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of
the United Nations, Statistical Papers, Series M, N° 77, CPC ver 1.0, 1998.
-
3.The list below does not include measures relating to qualification requirements and
procedures, technical standards and licensing requirements and procedures when they do not
constitute a market access or a national treatment limitation within the meaning of
Articles 7.11 and 7.12. Those measures (e.g. need to obtain a license, universal service
obligations, need to obtain recognition of qualifications in regulated sectors, need to pass
specific examinations, including language examinations, and non-discriminatory requirement
that certain activities may not be carried out in environmental protected zones or areas of
particular historic and artistic interest), even if not listed, apply in any case to establishments
and investors of Korea.
EU/KR/ANNEX 7-A/en 62
-
4.In accordance with Article 7.1.3, the list below does not include measures concerning
subsidies granted by a Party.
-
5.Notwithstanding Article 7.11, non-discriminatory requirements as regards the type of legal
form of an establishment do not need to be specified in the below list of commitments on
establishment in order to be maintained or adopted by the EU Party.
-
6.The rights and obligations arising from the list below shall have no self-executing effect and
thus confer no rights directly on natural or juridical persons.
-
7.The following abbreviations are used in the list below:
AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czech Republic
EU/KR/ANNEX 7-A/en 63
DE Germany
DK Denmark
EU European Union, including all its Member States
ES Spain
EE Estonia
FI Finland
FR France
EL Greece
HU Hungary
IE Ireland
IT Italy
LV Latvia
EU/KR/ANNEX 7-A/en 64 LT Lithuania
LU Luxembourg
MT Malta
NL Netherlands
PL Poland
PT Portugal
RO Romania
SK Slovakia
SI Slovenia
SE Sweden
UK United Kingdom
EU/KR/ANNEX 7-A/en 65
Sector or sub-sector Description of reservations
ALL SECTORS Real estate
All Member States except AT, BG, CY, CZ, DK, EE, EL, FI, HU, IE, IT, LV, LT, MT, PL, RO, SI, SK: None
AT: The acquisition, purchase as well as rent or lease of real estate by foreign natural persons and juridical persons requires an authorisation by the competent regional authorities (Länder) which will consider whether important economic, social or
cultural interests are affected or not.
BG: Foreign natural and juridical persons (incl. through a branch) cannot acquire ownership of land. Bulgarian juridical persons with foreign participation cannot acquire ownership of agricultural land.
Foreign juridical persons and foreign citizens with permanent residence abroad can acquire ownership of buildings and limited
property rights 1 of real estate subject to the permission of the Ministry of Finance. The permission requirement does not apply to
persons who have made investments in Bulgaria.
Foreign citizens with permanent residence abroad, foreign juridical persons and companies in which foreign participation ensures
a majority in adopting decisions or blocks the adoption of decisions, can acquire real estate property rights in specific geographic
regions designated by the Council of Ministers subject to permission.
CY: Unbound.
CZ: Limitations on real estate acquisition by foreign natural and legal entities. Foreign entities may acquire real property through establishment of Czech legal entities or participation in joint ventures. Acquisition of land by foreign entities is subject
to authorisation.
DK: Limitations on real estate purchase by non-resident physical and legal entities. Limitations on agricultural estate purchased by foreign physical and legal entities.
1 The Bulgarian property law recognizes the following limited property rights: right to use, right to build, right to raise a superstructure
and servitudes.
EU/KR/ANNEX 7-A/en 66
Sector or sub-sector Description of reservations
EE: Unbound for acquisition of agricultural and forest land 2 .
EL: According to Law No. 1892/90, permission from the Minister of Defence is needed for a citizen to acquire land in areas near borders. According to administrative practices, permission is easily granted for direct investment.
FI: (Åland Islands): Restrictions on the right for natural persons who do not enjoy regional citizenship in Åland, and for juridical persons, to acquire and hold real property on the Åland Islands without permission by the competent authorities of the islands. Restrictions on the right of establishment and the right to provide services by natural persons who do not enjoy regional
citizenship in Åland, or by any juridical person, without permission by the competent authorities of the Åland Islands.
HU: Limitations on acquisition of land and real estate by foreign investors 3 .
IE: Prior written consent of the Land Commission is necessary for the acquisition of any interest in Irish land by domestic or foreign companies or foreign nationals. Where such land is for industrial use (other than agricultural industry), this
requirement is waived subject to certification to this effect from the Minister for Enterprise, Trade and Employment. This law does not apply to land within the boundaries of cities and towns.
IT: The purchase of real estate by foreign natural and juridical persons is subject to a condition of reciprocity.
LV: Unbound in relation to acquisition of land; land lease not exceeding 99 years permitted.
LT: Unbound for acquisition of land 4 .
MT: The requirements of Maltese legislation and regulations regarding acquisition of real property shall continue to apply.
2 As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
3 As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
4 As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
EU/KR/ANNEX 7-A/en 67
Sector or sub-sector Description of reservations
PL: Acquisition of real estate, direct or indirect, by foreigners (a natural or foreign legal persons) requires permission
Unbound for acquisition of state-owned property (i.e. the regulations governing the privatization process).
RO: Natural persons not having Romanian citizenship and residence in Romania, as well as legal persons not having Romanian nationality and their headquarters in Romania, cannot acquire ownership over any kind of land plots, through inter vivos acts.
SI: Juridical persons, established in Slovenia with foreign capital participation, may acquire real estate in the territory of Slovenia.
Branches 5 established in Slovenia by foreign persons may only acquire real estate, except land, necessary for the conduct of
the economic activities for which they are established. Ownership of real estate in areas within 10 km from the border by companies in which a majority of capital or voting rights belongs directly or indirectly to juridical persons or nationals of the other Party is subject to special permission.
SK: Limitations on real estate acquisition by foreign physical and legal entities. Foreign entities may acquire real property through establishment of Slovak legal entities or participation in joint ventures. Unbound for land.
ALL SECTORS Public utilities
EU: Economic activities considered as public utilities at a national or local level may be subject to public monopolies or to exclusive
rights granted to private operators 6 7 .
5 According to the Law on Commercial Companies, a branch established in the Slovenia is not considered a juridical person, but as regards its
operation, its treatment is equal to that of a subsidiary, which is in line with Article XXVIII paragraph (g) of the GATS.
6 Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific listing is not practical. To facilitate
comprehension, specific footnotes in this list of commitments will indicate in an illustrative and non-exhaustive way those sectors where public
utilities play a major role.
7 This limitation does not apply to telecommunications services and to computer and related services.
EU/KR/ANNEX 7-A/en 68
Sector or sub-sector Description of reservations
ALL SECTORS Types of establishment
EU: Treatment accorded to subsidiaries (of Korean companies) formed in accordance with the law of the Member States of the European Union and having their registered office, central administration or principal place of business within the European Union is
not extended to branches or agencies established in the Member States of the European Union by Korean companies 8 .
BG: Establishment of branches is subject to authorisation.
EE: At least half of the members of the management board shall have their residence in the European Union.
FI: A Korean carrying on trade as a partner in a Finnish limited or general partnership needs a trade permit and has to be permanently resident in the European Union. For all sectors except telecommunications services, nationality and residency are required for at least half of the ordinary and deputy members of the board of directors; however exemptions may be granted to certain companies. For telecommunications services, permanent residency is required for half of the founders and half of the members of the board of directors. If the founder is a juridical person, that juridical person is also subject to a residency requirement. If a Korean organisation intends to carry on business or trade by establishing a branch in Finland, a trade permit is required. A permission to act as a founder of a limited company is required for a Korean organisation or a natural person who is not a citizen of the European Union.
IT: Access to industrial, commercial and artisanal activities is subject to a residence permit and specific authorisation to pursue the activities.
BG, PL: The scope of operations of a representative office may only encompass advertising and promotion of the foreign parent company represented by the office.
8 In accordance with Article 54 of the Treaty on the Functioning of the European Union, these subsidiaries are considered as juridical persons of
the European Union. To the extent that they have a continuous and effective link with the economy of the European Union, they are beneficiaries
of the EU internal market, which includes, inter alia, the freedom to establish and to provide services in all Member States of the
European Union.
EU/KR/ANNEX 7-A/en 69
Sector or sub-sector Description of reservations
PL: With the exception of financial services, unbound for branches. Korean investors can undertake and conduct economic activity only in the form of a limited partnership, limited joint-stock partnership, limited liability company, and joint-stock company (in the case of legal services only in the form of registered partnership and limited partnership).
RO: The sole administrator or the chairman of the board of administration as well as half of the total number of administrators of the commercial companies shall be Romanian citizens unless otherwise stipulated in the company contract or its statutes. The majority of the commercial companies' auditors and their deputies shall be Romanian citizens.
SE: A Korean company (which has not established a legal entity in Sweden) shall conduct its commercial operations through a branch, established in Sweden with independent management and separate accounts. Building projects with a duration of less than a year are exempted from the requirements of establishing a branch or appointing a resident representative. A limited liability company (joint stock company) may be established by one or several founders. The founder or founders shall either reside in Sweden or be a Swedish legal entity. A partnership can only be a founding party if each partner resides in Sweden. Corresponding conditions apply to establishment of all other types of legal entities. At least 50 percent of the members of the board shall reside in Sweden. Foreign or Swedish citizens not residing in Sweden, who wishes to conduct commercial operations in Sweden, shall appoint, and register with the local authority, a resident representative responsible for such activities. Residency condition might be waived if it can be proved that they are not necessary in a given case.
SI: The establishment of branches by Korean companies is conditioned with the registration of the parent company in a court register in the country of origin for at least one year.
SK: A Korean natural person whose name is to be registered in the Commercial Register as a person authorised to act on behalf of the entrepreneur is required to submit residence permit for Slovakia.
EU/KR/ANNEX 7-A/en 70
Sector or sub-sector Description of reservations
ALL SECTORS Investment
ES: Investment in Spain by foreign governments and foreign public entities 9 , directly or through companies or other entities controlled
directly or indirectly by foreign governments, needs prior authorisation by the government.
BG: In enterprises where the public (State or municipal) share in the equity capital exceeds 30 percent, the transfer of these shares to third parties needs authorisation. Certain economic activities related to the exploitation or use of State or public property are subject to concessions granted under the provisions of the Concessions Act. Foreign investors cannot participate in privatisation. Foreign investors and Bulgarian juridical persons with controlling Korean participation require permission for a) prospecting, development or extraction of natural resources from the territorial seas, the continental shelf or the exclusive economic zone and b) acquisition of a controlling equity interests in companies engaged in any of the activities specified under "a)".
FR: Korean purchases exceeding 33.33 percent of the shares of capital or voting rights in existing French enterprises, or 20 percent in publicly quoted French companies, are subject to the following regulations:
-
-investments of less than 7.6 million Euros in French enterprises with a turnover not exceeding 76 million Euros are free, after a delay of 15 days following prior notification and verification that these amounts are met;
-
-after a period of one month following prior notification, authorisation is tacitly granted for other investments unless the Minister of Economic Affairs has, in exceptional circumstances, exercised its right to postpone the investment.
Foreign participation in newly privatised companies may be limited to a variable amount, determined by the government of France on a case by case basis, of the equity offered to the public. For establishing in certain commercial, industrial or artisanal activities, a specific authorisation is needed if the managing director is not a holder of a permanent residence permit.
9 Such investment tends to imply not only economic interests, but also non-economic interests for these entities.
EU/KR/ANNEX 7-A/en 71
Sector or sub-sector Description of reservations
FI: Acquisition of shares by Korean owners giving more than one third of the voting rights of a major Finnish company or a major
business undertaking (with more than 1000 employees, with a turnover exceeding 168 million Euros or with a balance sheet total 10
exceeding 168 million Euros) is subject to confirmation by the Finnish authorities. This confirmation may be denied only if an important
national interest would be jeopardized. These limitations do not apply to telecommunications services.
HU: Unbound for Korean participation in newly privatised companies.
IT: Exclusive rights may be granted to or maintained in respect of newly-privatised companies. Voting rights in newly privatised companies may be restricted in some cases. For a period of five years from the date of entry into force of this Agreement, the acquisition of large equity stakes of companies operating in the fields of defence, transport services, telecommunications and energy may be subject to the approval of the competent authorities.
ALL SECTORS Geographical zones
FI: In the Åland Islands, limitations on the right of establishment by natural persons who do not enjoy regional citizenship in Åland or by any juridical person without permission by the competent authorities of the Åland Islands.
10 Total sum of assets, or total sum of debts plus capital.
EU/KR/ANNEX 7-A/en 72
Sector or sub-sector Description of reservations
1.AGRICULTURE, HUNTING, FORESTRY
A. Agriculture, hunting AT, HU, MT, RO: Unbound for agricultural activities.
(ISIC rev 3.1: 011, 012, 013, 014, CY: The participation of Korean investors is allowed only up to 49%. 015) excluding advisory and
11
consultancy services FR: The establishment of agricultural enterprises by Korean nationals and the acquisition of vineyards by Korean investors are subject to authorisation.
IE: Establishment by Korean residents in flour milling activities is subject to authorisation.
B Forestry and logging BG: Unbound for logging activities.
(ISIC rev 3.1: 020) excluding advisory and
12
consultancy services
-
2.FISHING AND Unbound. AQUACULTURE
(ISIC rev.3.1: 0501, 0502) excluding advisory and
13
consultancy services
11 Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.f)
and 6.F.g).
12 Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.f)
and 6.F.g).
13 Advisory and consultancy services related to agriculture, hunting, forestry and fishing are to be found in BUSINESS SERVICES under 6.F.f)
and 6.F.g).
EU/KR/ANNEX 7-A/en 73
Sector or sub-sector Description of reservations
-
3.MINING EU: Unbound for juridical persons controlled 16 by natural or juridical persons of a non-European Union country which accounts for
AND QUARRYING 14 more than 5% of the European Union's oil or natural gas imports. Unbound for direct branching (incorporation is required). Unbound
A. Mining of coal and lignite; for extraction of crude petroleum and natural gas.
extraction of peat
(ISIC rev 3.1: 10)
B. Extraction of crude petroleum
and natural gas 15
(ISIC rev 3.1: 1110)
C. Mining of metal ores
(ISIC rev 3.1: 13)
D. Other mining and quarrying
(ISIC rev 3.1: 14)
14 The horizontal limitation on public utilities applies.
15 Does not include services incidental to mining rendered on a fee or contract basis at oil and gas fields which are to be found in
ENERGY SERVICES under 19.A.
16 A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or
otherwise legally direct its actions. In particular, ownership of more than 50 percent of the equity interests in a juridical person shall be deemed
to constitute control.
EU/KR/ANNEX 7-A/en 74
Sector or sub-sector Description of reservations
-
4.MANUFACTURING 17
A. Manufacture of food products None and beverages
(ISIC rev 3.1: 15)
B. Manufacture of None tobacco products
(ISIC rev 3.1: 16)
C. Manufacture of textiles None
(ISIC rev 3.1: 17)
D. Manufacture of wearing None apparel; dressing and dyeing of fur
(ISIC rev 3.1: 18)
E. Tanning and dressing of None leather; manufacture of luggage, handbags, saddlery, harness and footwear
(ISIC rev 3.1: 19)
17 This sector does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.h).
EU/KR/ANNEX 7-A/en 75
Sector or sub-sector Description of reservations
F. Manufacture of wood and of None products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials
(ISIC rev 3.1: 20)
G. Manufacture of paper and None paper products
(ISIC rev 3.1: 21)
H. Publishing, printing and IT: Nationality condition for owners of publishing and printing companies.
18
reproduction of recorded media
(ISIC rev 3.1: 22, excluding publishing and printing on a fee
or contract basis 19 )
I. Manufacture of coke None. oven products
(ISIC rev 3.1: 231)
18 The sector is limited to manufacturing activities. It does not include activities which are audiovisual-related or present a cultural content. 19 Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.p).
EU/KR/ANNEX 7-A/en 76
Sector or sub-sector Description of reservations
J. Manufacture of refined EU: Unbound for juridical persons controlled 21 by natural or juridical persons of a non-European Union country which accounts for petroleum products 20 more than 5% of the European Union's oil or natural gas imports. Unbound for direct branching (incorporation is required).
(ISIC rev 3.1: 232)
K. Manufacture of chemicals and None. chemical products other than explosives
(ISIC rev 3.1: 24 excluding manufacturing of explosives)
L. Manufacture of rubber and None. plastics products
(ISIC rev 3.1: 25)
M. Manufacture of other None. non-metallic mineral products
(ISIC rev 3.1: 26)
N. Manufacture of basic metals None.
(ISIC rev 3.1: 27)
20 The horizontal limitation on public utilities applies.
21 A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or
otherwise legally direct its actions. In particular, ownership of more than 50 percent of the equity interests in a juridical person shall be deemed
to constitute control.
EU/KR/ANNEX 7-A/en 77
Sector or sub-sector Description of reservations
O. Manufacture of fabricated None. metal products, except machinery and equipment
(ISIC rev 3.1: 28)
P. Manufacture of machinery
-
a)Manufacture of general None. purpose machinery
(ISIC rev 3.1: 291)
-
b)Manufacture of special purpose None. machinery other than weapons and munitions
(ISIC rev 3.1: 2921, 2922, 2923,
2924, 2925, 2926, 2929)
-
c)Manufacture of domestic None. appliances n.e.c.
(ISIC rev 3.1: 293)
-
d)Manufacture of office, None. accounting and computing machinery
(ISIC rev 3.1: 30)
EU/KR/ANNEX 7-A/en 78
Sector or sub-sector Description of reservations
-
e)Manufacture of electrical None. machinery and apparatus n.e.c.
(ISIC rev 3.1: 31)
-
f)Manufacture of radio, television None. and communication equipment and apparatus
(ISIC rev 3.1: 32)
Q. Manufacture of medical, None. precision and optical instruments, watches and clocks
(ISIC rev 3.1: 33)
R. Manufacture of motor vehicles, None. trailers and semi-trailers
(ISIC rev 3.1: 34)
S. Manufacture of other None.
(non-military) transport equipment
(ISIC rev 3.1: 35 excluding manufacturing of warships, warplanes and other transport equipment for military use)
EU/KR/ANNEX 7-A/en 79
Sector or sub-sector Description of reservations
T. Manufacture of furniture; None. manufacturing n.e.c.
(ISIC rev 3.1: 361, 369)
U. Recycling None.
(ISIC rev 3.1: 37)
-
5.PRODUCTION; TRANSMISSION AND DISTRIBUTION ON OWN ACCOUNT OF ELECTRICITY, GAS, STEAM AND
HOT WATER 22
(EXCLUDING NUCLEAR BASED ELECTRICITY GENERATION)
A. Production of electricity; EU: Unbound. transmission and distribution of electricity on own account
(part of ISIC rev 3.1: 4010) 23
22 The horizontal limitation on public utilities applies.
23 Does not include operation of electricity transmission and distribution systems on a fee or contract basis, which are to be found in
ENERGY SERVICES.
EU/KR/ANNEX 7-A/en 80
Sector or sub-sector Description of reservations
B. Manufacture of gas; EU: Unbound. distribution of gaseous fuels through mains on own account
(part of ISIC rev 3.1: 4020) 24
C. Production of steam and hot EU: Unbound for juridical persons controlled 26 by natural or juridical persons of a non-European Union country which accounts for
water; distribution of steam and more than 5% of the European Union's oil or natural gas imports. Unbound for direct branching (incorporation is required). hot water on own account
(part of ISIC rev 3.1: 4030) 25
24 Does not include transportation of natural gas and gaseous fuels via pipelines, transmission and distribution of gas on a fee or contract basis, and
sales of natural gas and gaseous fuels, which are to be found in ENERGY SERVICES.
25 Does not include transmission and distribution of steam and hot water on a fee or contract basis and sales of steam and hot water, which are to be
found in ENERGY SERVICES.
26 A juridical person is controlled by other natural or juridical person(s) if the latter has/have the power to name a majority of its directors or
otherwise legally direct its actions. In particular, ownership of more than 50 percent of the equity interests in a juridical person shall be deemed to constitute control.
EU/KR/ANNEX 7-A/en 81
Sector or sub-sector Description of reservations
-
6.BUSINESS SERVICES
A. Professional Services
-
a)Legal Services AT: Korean lawyers' (who must be fully qualified in Korea) equity participation and shares in the operating results of any law firm
27
(CPC 861) may not exceed 25 percent. They may not have decisive influence in decision making.
BE: Quotas apply for representation before the "Cour de cassation" in non-criminal cases.
FR: Lawyers' access to the profession of "avocat auprès de la Cour de Cassation" and "avocat auprès du Conseil d'État" is subject to quotas.
27 Includes legal advisory services, legal representational services, legal arbitration and conciliation/mediation services, and legal documentation
and certification services. Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in the Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these licensing requirements and procedures may take, inter alia, the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained), insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of EU law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in a Member State of the European Union acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EU Party since it involves practice of EU and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national of or belonging to the State in which the lawyer is entitled to practice.
EU/KR/ANNEX 7-A/en 82
Sector or sub-sector Description of reservations
excluding legal advisory and legal DK: Only lawyers with a Danish license to practice and law firms registered in Denmark may own shares in a Danish law firm. Only documentations and certification lawyers with a Danish license to practise may sit on the board or be part of the management of a Danish law firm. Requirement of a services provided by legal Danish legal examination in order to obtain a Danish licence. professionals entrusted with
public functions, such as notaries, FR: Some types of legal form ("association d'avocats" and "société en participation d'avocat") are reserved to lawyers fully admitted to "huissiers de justice" or other the Bar in France. In a law firm providing services in respect of French or EU law, at least 75% of the partners holding 75% of the "officiers publics et ministériels". shares shall be lawyers fully admitted to the Bar in France.
HU: Commercial presence should take the form of partnership with a Hungarian barrister (ügyvéd) or a barrister's office (ügyvédi iroda),
or a representative office.
PL: While other types of legal form are available for EU lawyers, foreign lawyers only have access to the legal forms of registered partnership and limited partnership.
-
b)1. Accounting and AT: Korean accountants' (who must be authorised according to the law of Korea) equity participation and shares in the operating
Bookkeeping Services results of any Austrian legal entity may not exceed 25 percent, if they are not members of the Austrian Professional Body.
(CPC 86212 other than "auditing CY: Access is subject to an economic needs test. Main criteria: the employment situation in the sub-sector. services", CPC 86213,
CPC 86219 and CPC 86220) DK: In order to enter into partnerships with Danish authorised accountants, foreign accountants have to obtain permission from the Danish Commerce and Companies Agency.
EU/KR/ANNEX 7-A/en 83
Sector or sub-sector Description of reservations
-
b)2. Auditing services AT: Korean auditors' (who must be authorised according to the law of Korea) equity participation and shares in the operating results
(CPC 86211 and 86212 other than of any Austrian legal entity may not exceed 25 percent, if they are not members of the Austrian Professional Body.
accounting services) CY: Access is subject to an economic needs test. Main criteria: the employment situation in the sub-sector.
CZ and SK: At least 60 percent of capital share or voting rights are reserved to nationals.
DK: In order to enter into partnerships with Danish authorised accountants, foreign accountants have to obtain permission from the Danish Commerce and Companies Agency.
FI: Residency requirement for at least one of the auditors of a Finnish liability company.
LV: In a commercial company of sworn auditors more than 50 percent of the voting capital shares shall be owned by sworn auditors or commercial companies of sworn auditors of the European Union.
LT: Not less than 75% of shares should belong to auditors or auditing companies of the European Union.
SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, inter alia, in all limited companies. Only such persons may be shareholders or form partnerships in companies which practice qualified auditing (for official purposes). Residency is required for approval.
SI: The share of foreign persons in auditing companies may not exceed 49 percent of the equity.
EU/KR/ANNEX 7-A/en 84
Sector or sub-sector Description of reservations
-
c)Taxation Advisory Services AT: Korean tax advisors' (who must be authorised according to the law of Korea) equity participation and shares in the operating
28
(CPC 863) results of any Austrian legal entity may not exceed 25 percent. This limitation applies only to non-members of the Austrian Professional Body.
CY: Access is subject to an economic needs test. Main criteria: the employment situation in the sub-sector.
-
d)Architectural services BG: For projects of national or regional significance, Korean investors have to act in partnership with or, as subcontractors of, local
and investors. e) Urban planning and landscape LV: For architectural services, in order to receive a licence enabling to engage in business activity with full range of legal responsibility architectural services and rights to sign a project, practice of 3 years in Latvia in the field of projecting and university degree is required.
(CPC 8671 and CPC 8674)
-
f)Engineering services BG: For projects of national or regional significance, Korean investors have to act in partnership with or, as subcontractors of,
and local investors.
-
g)Integrated engineering services
(CPC 8672 and CPC 8673)
-
28 Does not include legal advisory and legal representational services on tax matters, which are to be found under 1.A.a) Legal Services.
EU/KR/ANNEX 7-A/en 85
Sector or sub-sector Description of reservations
-
h)Medical (including CY, EE, FI, MT: Unbound. psychologists) and
Dental services AT: Unbound except for dental services and for psychologists and psychotherapists, and none for dental services and for psychologists and psychotherapists.
(CPC 9312 and part of
CPC 85201) DE: An economic needs test when medical doctors and dentists are authorised to treat members of public insurance schemes. Main criteria: shortage of doctors and dentists in the given region.
FR: While other types of legal form are available for investors of the European Union, Korean investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle".
LV: Economic needs test. Main criteria: shortage of doctors and dentists in the given region.
BG, LT: The supply of service is subject to authorisation which is based on a health services plan established in function of needs, taking into account population and existing medical and dental services.
SI: Unbound for social medicine, sanitary, epidemiological, medical/ecological services; the supply of blood, blood preparations and
transplants; and autopsy.
UK: Establishment for doctors under the National Health Service is subject to medical manpower planning.
-
i)Veterinary services AT, CY, EE, MT, SI: Unbound.
(CPC 932) BG: Economic needs test. Main criteria: population and density of existing business.
HU: Economic needs test. Main criteria: labour market conditions in the sector.
FR: Provision through "société d'exercice libérale" or "société civile professionnelle" only.
EU/KR/ANNEX 7-A/en 86
Sector or sub-sector Description of reservations
-
j)1. Midwives services BG, CZ, FI, HU, MT, SI, SK: Unbound.
(part of CPC 93191) FR: While other types of legal form are available for investors of the European Union, Korean investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle".
LT: An economic needs test may be applied. Main criteria: employment situation in the sub-sector.
-
j)2. Services provided by Nurses, AT: Foreign investors are only allowed in the following activities: nurses, physiotherapists, occupational therapists, logotherapists, Physiotherapists and dieticians and nutricians.
Paramedical Personnel BG, MT: Unbound. (part of CPC 93191) FI, SI: Unbound for physiotherapists and paramedical personnel.
FR: While other types of legal form are available for investors of the European Union, Korean investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle".
LT: An economic needs test may be applied. Main criteria: employment situation in the sub-sector.
LV: Economic needs test for foreign physiotherapists and paramedical personnel. Main criteria: employment situation in the given region.
-
k)Retail sales of pharmaceuticals AT, BG, CY, FI, MT, PL, RO, SE, SI: Unbound. and retail sales of medical and
orthopaedical goods BE, DE, DK, EE, ES, FR, IT, HU, IE, LV, PT, SK: Authorisation is subject to an economic needs test. Main criteria: population and geographical density of existing pharmacies.
(CPC 63211)
and other services supplied
by pharmacists 29
29 The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements
and procedures applicable in the Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.
EU/KR/ANNEX 7-A/en 87
Sector or sub-sector Description of reservations
B. Computer and Related Services None.
(CPC 84)
C. Research and
Development Services 30
-
a)R&D services on EU: For publicly funded R&D services, exclusive rights and/or authorisations can only be granted to nationals of the Member States
natural sciences of the European Union and to juridical persons of the European Union having their headquarters in the European Union.
(CPC 851)
-
b)R&D services on Social None. Sciences and Humanities
(CPC 852 excluding
31
psychologists services)
-
c)Interdisciplinary R&D services EU: For publicly funded R&D services, exclusive rights and/or authorisations can only be granted to nationals of the Member States
(CPC 853) of the European Union and to juridical persons of the European Union having their headquarters in the European Union.
30 The horizontal limitation on public utilities applies.
31 Part of CPC 85201, which is to be found under 6.A.h. Medical and Dental services.
EU/KR/ANNEX 7-A/en 88
Sector or sub-sector Description of reservations
32
D. Real Estate Services
-
a)Involving Own or None. Leased Property
(CPC 821)
-
b)On a Fee or Contract Basis None.
(CPC 822)
E. Rental/Leasing Services without Operators
-
a)Relating to Ships AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LV LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for
(CPC 83103) the establishment of a registered company for the purpose of operating with a fleet under the national flag of the State of establishment.
LT: Ships must be owned by Lithuanian natural persons or companies established in Lithuania.
SE: In the case of Korean ownership interests in a ship, proof of dominating Swedish operating influence must be shown to fly the Swedish flag.
-
b)Relating to Aircraft EU: Aircraft used by an air carrier of the European Union have to be registered in the Member State of the European Union licensing
(CPC 83104) the carrier or elsewhere in the European Union. The aircraft must be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control (including nationality of directors).
Waivers can be granted for short term lease contracts or under exceptional circumstances.
32 The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons
purchasing real estate.
EU/KR/ANNEX 7-A/en 89
Sector or sub-sector Description of reservations
-
c)Relating to Other None.
Transport Equipment
(CPC 83101, CPC 83102 and
CPC 83105)
-
d)Relating to Other Machinery None. and Equipment
(CPC 83106, CPC 83107, CPC
83108 and CPC 83109)
-
e)Relating to personal and None, except that BE and FR are unbound for CPC 83202. household goods
(CPC 832)
-
f)Telecommunications None. equipment rental
(CPC 7541)
F. Other Business Services
-
a)Advertising None.
(CPC 871)
-
b)Market Research and None.
Opinion Polling
(CPC 864)
EU/KR/ANNEX 7-A/en 90
Sector or sub-sector Description of reservations
-
c)Management None. Consulting Services
(CPC 865)
-
d)Services Related to HU: Unbound for arbitration and conciliation services (CPC 86602). Management Consulting
(CPC 866)
-
e)Technical Testing and None.
Analysis Services 33
(CPC 8676)
-
f)Advisory and Consulting None. services incidental to Agriculture, Hunting and Forestry
(part of CPC 881)
-
g)Advisory and Consulting None. Services Relating to Fishing
(part of CPC 882)
33 The horizontal limitation on public utilities applies to technical testing and analysis services, which are compulsory for the granting of marketing
authorisations or for utilisation authorisations (e.g. car inspection, food inspection).
EU/KR/ANNEX 7-A/en 91
Sector or sub-sector Description of reservations
-
h)Advisory and Consulting None.
Services incidental to Manufacturing
(part of CPC 884 and part of
CPC 885)
-
i)Placement and Supply Services of Personnel
-
i)1. Executive search BG, CY, CZ, DE, EE, FI, LV, LT, MT, PL, PT, RO, SK, SI: Unbound.
(CPC 87201) ES: State monopoly.
-
i)2. Placement Services AT, BG, CY, CZ, EE, FI, LV, LT, MT, PL, PT, RO, SK: Unbound.
(CPC 87202) BE, ES, FR, IT: State monopoly.
DE: Authorisation is subject to an economic needs test. Main criteria: situation and development of the labour market.
-
i)3. Supply Services of office AT, BG, CY, CZ, DE, EE, FI, LV, LT, MT, PL, PT, RO, SK, SI: Unbound.
support personnel IT: State monopoly.
(CPC 87203)
-
i)4. Model agency Services None.
(part of CPC 87209)
EU/KR/ANNEX 7-A/en 92
Sector or sub-sector Description of reservations
-
i)5. Supply services of domestic All Member States except HU: Unbound. help personnel, other commercial
or industrial workers, nursing and HU: None.
other personnel
(CPCs 87204, 87205, 87206, 87209)
-
j)1. Investigation Services BE, BG, CY, CZ, DE, ES, EE, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SK, SI: Unbound.
(CPC 87301)
-
j)2. Security Services DK: Nationality and residency requirements for members of the board. Unbound for the supply of airport guard services.
(CPC 87302, CPC 87303, BG, CY, CZ, EE, FI, LV, LT, MT, PL, RO, SI, SK: Licence may be granted only to nationals and to national registered organisations.
CPC 87304 and CPC 87305) ES: Access is subject to prior authorisation. In granting the authorisation, the Council of Ministers takes into account conditions such
as competence, professional integrity and independence, adequacy of the protection provided for the security of the population and the public order.
-
k)Related Scientific and FR: Foreign investors are required to have a specific authorisation for exploration and prospection services.
Technical Consulting Services 34
(CPC 8675)
-
l)1. Maintenance and repair None. of vessels
(part of CPC 8868)
34 The horizontal limitation on public utilities applies to certain activities related to mining (e.g. minerals, oil, and gas).
EU/KR/ANNEX 7-A/en 93
Sector or sub-sector Description of reservations
-
l)2. Maintenance and Repair of LV: State monopoly.
Rail Transport Equipment SE: An economic needs test applies when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space
(part of CPC 8868) and capacity constraints.
-
l)3. Maintenance and Repair of SE: An economic needs test applies when an investor intends to establish its own terminal infrastructure facilities. Main criteria: space motor vehicles, motorcycles, and capacity constraints. snowmobiles and road transport Equipment
(CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868)
-
l)4. Maintenance and Repair of None. Aircraft and parts thereof
(part of CPC 8868)
-
l)5. Maintenance and Repair None. services of metal products, of (non-office) machinery, of (non-transport and non-office) equipment and of personal and
household goods 35
(CPC 633, CPC 7545, CPC 8861, CPC 8862, CPC 8864, CPC 8865 and CPC 8866)
35 Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6. F. l) 1. to 6. F. l) 4.
Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. Computer and
Related Services.
EU/KR/ANNEX 7-A/en 94
Sector or sub-sector Description of reservations
-
m)Building-Cleaning Services None
(CPC 874)
-
n)Photographic Services None.
(CPC 875)
-
o)Packaging Services None.
(CPC 876)
-
p)Printing and Publishing LT, LV: Establishment rights in the publishing sector are granted only to nationally incorporated juridical persons (no branches).
(CPC 88442) PL: Nationality requirement for the editor-in-chief of newspapers and journals.
SE: A residency requirements for publisher and owner of publishing and printing companies.
-
q)Convention Services None.
(part of CPC 87909)
-
r)1. Translation and DK: Authorisation for authorised public translators and interpreters may limit the scope of their activity.
Interpretation Services PL: Unbound for the supply of sworn interpretation services.
(CPC 87905) BG, HU, SK: Unbound for official translation and interpretation.
-
r)2. Interior Design and other None.
Specialty Design Services
(CPC 87907)
EU/KR/ANNEX 7-A/en 95
Sector or sub-sector Description of reservations
-
r)3. Collection Agency Services IT, PT: Nationality condition for investors.
(CPC 87902)
-
r)4. Credit reporting services BE: For consumer credit databanks, a nationality condition for investors.
(CPC 87901) IT, PT: A nationality condition for investors.
-
r)5. Duplicating services None.
(CPC 87904) 36
-
r)6. Telecommunications None. consulting services
(CPC 7544)
-
r)7. Telephone answering services None.
(CPC 87903)
-
36 Does not include printing services, which fall under CPC 88442 and are to be found under 6.F. p).
EU/KR/ANNEX 7-A/en 96
Sector or sub-sector Description of reservations
-
7.COMMUNICATION SERVICES
A. Postal and Courier Services None.
(Services relating to the
handling 37 of postal items 38
according to the following list of sub-sectors, whether for domestic or foreign destinations: (i) Handling of addressed written communications on any kind of
39
physical medium , including Hybrid mail service and Direct mail, (ii) Handling of addressed
40
parcels and packages , iii) Handling of addressed
press products 41 ,
37 "Handling" refers to activities such as clearance, sorting, transport and delivery.
38 "Postal item" refers to items handled by any type of commercial operator, whether public or private. 39 E.g. letters, postcards.
40 Books and catalogues are included hereunder.
41 Journals, newspapers and periodicals.
EU/KR/ANNEX 7-A/en 97
Sector or sub-sector Description of reservations
(iv) Handling of items referred to in (i) to (iii) above as registered or insured mail, (v) Express delivery
services 42 for items referred to in
(i) to (iii) above, (vi) Handling of non-addressed items, and (vii)
Document exchange 43 .
Sub-sectors (i), (iv) and (v) are however excluded when they fall into the scope of the services which may be reserved for items of correspondence the price of which is less than five times the public basic tariff, provided that
44
they weigh less than 350 grams , and for the registered mail service used in the course of judicial or administrative procedures.)
42 Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin,
personal delivery to addressee, tracing and tracking, possibility of changing the destination and addressee in transit, and confirmation of receipt.
43 Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange
of postal items between users subscribing to this service. "Postal item" refers to items handled by any type of commercial operator, whether public or private.
44 "Items of correspondence" means a communication in written form on any kind of physical medium to be conveyed and delivered at the address
indicated by the sender on the item itself or on its wrapping. Books, catalogues, newspapers and periodicals are not regarded as items of correspondence.
EU/KR/ANNEX 7-A/en 98
Sector or sub-sector Description of reservations
(part of CPC 751, part of
45
CPC 71235 and part of
46
CPC 73210 )
B. Telecommunications Services
These services do not cover the economic activity consisting of the provision of content which requires telecommunications services for its transport.
-
a)All services consisting of the None 49
transmission and reception of signals by any electromagnetic
47
means , excluding broadcasting 48
45 Transportation of postal and courier items on own account by any land mode.
46 Transportation of mail on own account by air.
47 These services do not include on-line information and/or data processing (including transaction processing) (part of CPC 843) which is to be
found under 6.B. Computer and Related Services.
48 Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general
public, but does not cover contribution links between operators.
49 For clarification purposes, some Member States of the European Union maintain public participation in certain telecommunication operators. Those
Member States reserve their rights to maintain such public participation in the future. This is not a market access limitation. In Belgium, government
participation and voting rights in Belgacom are freely determined under legislative powers as is presently the case under the law of 21 March 1991
on the reform of government-owned economic enterprises .
EU/KR/ANNEX 7-A/en 99
Sector or sub-sector Description of reservations
-
b)Satellite broadcast EU: Service suppliers in this sector may be subject to obligations to safeguard general interest objectives related to the conveyance of
transmission services 50 content through their network in line with the EU regulatory framework for electronic communications.
BE: Unbound.
-
8.CONSTRUCTION AND None. RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518)
-
9.DISTRIBUTION SERVICES AT: Unbound for distribution of pyrotechnical goods, of ignitable articles and blasting devices, and of toxic substances. For the
(excluding distribution of arms, distribution of pharmaceutical products and tobacco products, exclusive rights and/or authorisations can only be granted to nationals of munitions, explosives and other the Member States of the European Union and to juridical persons of the European Union having their headquarters in the war material) European Union. All sub-sectors FI: Unbound for distribution of alcoholic beverages and pharmaceutical products.
51
mentioned below
-
50 These services cover the telecommunications services consisting of the transmission and reception of radio and television broadcast by satellite
(the uninterrupted chain of transmission via satellite required for the distribution of TV and radio programme signals to the general public). This covers selling use of satellite services, but does not include the selling of television programme packages to households.
51 The horizontal limitation on public utilities applies to the distribution of chemical products, of pharmaceuticals, of products for medical use such
as medical and surgical devices, medical substances and objects for medical use, of military equipment and precious metals (and stones) and, in some Member States of the European Union, also to the distribution of tobacco and tobacco products and of alcoholic beverages.
EU/KR/ANNEX 7-A/en 100
Sector or sub-sector Description of reservations
A. Commission Agents' Services
-
a)Commission Agents' Services None. of motor vehicles, motorcycles and snowmobiles and parts and accessories thereof
(part of CPC 61111, part of
CPC 6113 and part of CPC 6121 )
-
b)Other Commission None.
Agents' Services
(CPC 621)
B. Wholesale Trade Services
-
a)Wholesale Trade Services of None. motor vehicles, motorcycles and snowmobiles and parts and accessories thereof
(part of CPC 61111, part of
CPC 6113 and part of CPC 6121 )
-
b)Wholesale Trade Services of None. telecommunication terminal equipment
(part of CPC 7542)
EU/KR/ANNEX 7-A/en 101
Sector or sub-sector Description of reservations
-
c)Other wholesale trade services FR, IT: State monopoly on tobacco.
(CPC 622 excluding wholesale FR: Authorisation of wholesale pharmacies is subject to an economic needs test. Main criteria: population and geographical density trade services of of existing pharmacies.
energy products 52 )
C. Retailing Services 53 ES, FR, IT: State monopoly on tobacco.
Retailing Services of motor BE, BG, DK, FR, IT, MT, PT: Authorisation for department stores (in the case of FR only for large stores) is subject to an economic vehicles, motorcycles and needs test. Main criteria: number of and impact on existing stores, population density, geographic spread, impact on traffic conditions snowmobiles and parts and and creation of new employment.
accessories thereof IE, SE: Unbound for the retail sale of alcoholic beverages.
(CPC 61112, part of CPC 6113
and part of CPC 6121 ) SE: Authorisation for temporary trade in clothing, shoes and foodstuffs that are not consumed at the point of sale may be subject to an economic needs test. Main criteria: impact on existing stores in the geographic area in question.
Retailing Services of telecommunication terminal equipment
(part of CPC 7542)
Food retailing services
(CPC 631)
52 These services, which include CPC 62271, are to be found in ENERGY SERVICES under 19.D.
53 Does not include maintenance and repair services which are to be found in BUSINESS SERVICES under 6.B. and 6.F.l).
Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 19.E. and 19.F.
EU/KR/ANNEX 7-A/en 102
Sector or sub-sector Description of reservations
Retailing services of other (nonenergy) goods, except retail sales of pharmaceutical, medical and
54
orthopaedic goods
(CPC 632 excluding CPC 63211 and 63297)
D. Franchising None.
(CPC 8929)
-
10.EDUCATIONAL SERVICES (only privately funded services)
A. Primary Education Services EU: Participation of private operators in the education network is subject to concession.
(CPC 921) AT: Unbound for higher education services and for adult schools by means of radio or television broadcasting.
B. Secondary Education Services BG: Unbound for the supply of primary and/or secondary education services by foreign natural persons and associations, and for the
(CPC 922) supply of higher education services.
C. Higher Education Services CZ, SK: Nationality condition for the majority of members of the board. Unbound for the supply of higher education services except for post-secondary technical and vocational education services (CPC 92310).
(CPC 923) CY, FI, MT, RO, SE: Unbound.
54 Retail sales of pharmaceutical, medical and orthopaedic goods are to be found under PROFESSIONAL SERVICES in 6.A.k).
EU/KR/ANNEX 7-A/en 103
Sector or sub-sector Description of reservations
D. Adult Education Services EL: A nationality condition for the majority of members of the board in primary and secondary schools. Unbound for higher
(CPC 924) education institutions granting recognised State diplomas.
ES, IT: Economic needs test for establishing private universities authorised to issue recognised diplomas or degrees. The relevant procedure involves an advice of the Parliament. Main criteria: population and density of existing establishments.
HU, SK: The number of schools being established may be limited by local authorities (or in the case of high schools and other higher
education institutions by central authorities) in charge of granting licenses.
LV: Unbound for the supply of education services relating to technical and vocational secondary school-type education services for handicapped students (CPC 9224).
SI: Unbound for primary schools. Nationality condition for the majority of members of the board in secondary and high schools.
E. Other education services AT, BE, BG, CY, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LT, LU, MT, NL, PL, PT, RO, SI, SE, UK: Unbound.
(CPC 929) CZ, SK: Participation of private operators in the education network is subject to concession. Nationality condition for the majority of members of the board.
EU/KR/ANNEX 7-A/en 104
Sector or sub-sector Description of reservations
-
11.ENVIRONMENTAL None.
SERVICES 55
A. Waste Water Services
(CPC 9401) 56
B. Solid/hazardous waste management, excluding cross-border transport of hazardous waste
-
a)Refuse Disposal Services
(CPC 9402)
-
b)Sanitation and Similar Services
(CPC 9403)
C. Protection of ambient air and climate
(CPC 9404) 57
55 The horizontal limitation on public utilities applies.
56 Corresponds to sewage services.
57 Corresponds to cleaning services of exhaust gases.
EU/KR/ANNEX 7-A/en 105
Sector or sub-sector Description of reservations
D. Remediation and clean up of soil and waters
-
a)Treatment, remediation of contaminated/polluted soil and water
(part of CPC 9406) 58
E. Noise and vibration abatement
(CPC 9405)
F. Protection of biodiversity and landscape
-
a)Nature and landscape protection services
(part of CPC 9406)
G. Other environmental and ancillary services
(CPC 9409)
58 Corresponds to parts of nature and landscape protection services.
EU/KR/ANNEX 7-A/en 106
Sector or sub-sector Description of reservations
-
12.FINANCIAL SERVICES
A. Insurance and insurance AT: The licence for branch offices of Korean insurers shall be denied if the insurer in Korea does not have a legal form related services corresponding or comparable to a joint stock company or a mutual insurance association.
BG, ES: Before establishing a branch or agency in Bulgaria or Spain to provide certain classes of insurance, a Korean insurer must have been authorised to operate in the same classes of insurance in Korea for at least five years.
EL: The right of establishment does not cover the creation of representative offices or other permanent presence of insurance companies, except where such offices are established as agencies, branches or head offices.
FI: At least one half of the promoters and members of the board of directors and the supervisory board of an insurance company shall
have their place of residence in the European Union, unless the competent authorities have granted an exemption. Korean insurers
cannot get a licence in Finland as a branch to carry on statutory pension insurance.
IT: The authorisation of the establishment of branches is ultimately subject to the evaluation of supervisory authorities.
BG, PL: Local incorporation (no branches) required for insurance intermediaries.
PT: In order to establish a branch in Portugal, Korean insurance companies need to demonstrate prior operational experience of at least five years. Direct branching is not permitted for insurance intermediation, which is reserved to companies formed in accordance with the law of a Member State of the European Union.
SK: Korean nationals may establish an insurance company in the form of a joint stock company or may conduct insurance business through their subsidiaries with registered office in Slovakia (no branches).
SI: Foreign investors cannot participate in insurance companies under privatisation. Membership of the mutual insurance institution is limited to companies established in Slovenia (no branches) and domestic natural persons. For providing consultancy and claim settlement services, incorporation is required as a legal entity (no branches).
SE: Insurance broking undertakings not incorporated in Sweden may be established only through a branch.
EU/KR/ANNEX 7-A/en 107
Sector or sub-sector Description of reservations
B. Banking and other financial EU: Only firms having their registered office in the European Union can act as depositories of the assets of investment funds. The services (excluding insurance) establishment of a specialised management company, having its head office and registered office in the same Member State of the
European Union, is required to perform the activities of management of unit trusts and investment companies.
BG: Pension insurance shall be implemented through participation in incorporated pension insurance companies (no branches). Permanent residency in Bulgaria is required for the chairperson of the management board and the chairperson of the board of directors.
CY: Only members (brokers) of the Cyprus Stock Exchange can undertake business pertaining to securities brokerage in Cyprus. A brokerage firm may only be registered as a member of the Cyprus Stock Exchange if it has been established and registered in accordance with the Companies Law of Cyprus (no branches).
HU: Branches of Korean institutions are not allowed to provide asset management services for private pension funds or management of venture capital. The board of a financial institution should include at least two members, who are Hungarian citizens, residents in the meaning of the relevant foreign exchange regulations and have permanent residency in Hungary for at least one year.
IE: In the case of collective investment schemes constituted as unit trusts and variable capital companies (other than undertakings for
collective investment in transferable securities, UCITS), the trustee/depository and management company is required to be
incorporated in Ireland or in another Member State of the European Union (no branches). In the case of an investment limited
partnership, at least one general partner must be incorporated in Ireland. To become a member of a stock exchange in Ireland, an
entity must either (a) be authorised in Ireland, which requires that it be incorporated or be a partnership, with a head/registered office
in Ireland, or (b) be authorised in another Member State of the European Union in accordance with the European Union directive on
investment and services.
EU/KR/ANNEX 7-A/en 108
Sector or sub-sector Description of reservations
IT: In order to be authorised to manage the securities settlement system with an establishment in Italy, a company is required to be incorporated in Italy (no branches). In order to be authorised to manage central securities depository services with an establishment in Italy, companies are required to be incorporated in Italy (no branches). In the case of collective investment schemes other than UCITS harmonised under the legislations of the European Union, the trustee/ depository is required to be incorporated in Italy or in another Member State of the European Union and established through a branch in Italy. Management companies of UCITS not harmonised under the legislations of the European Union are also required to be incorporated in Italy (no branches). Only banks, insurance companies, investment firms, and companies managing UCITS harmonised under the legislations of the European Union, having their legal head office in the European Union, as well as UCITS incorporated in Italy may carry out activity of pension fund resources management. In providing the activity of door-to-door selling, intermediaries must utilise authorised financial salesmen resident within the territory of a Member State of the European Union. Representative offices of foreign intermediaries cannot carry out activities aimed at providing investment services.
LT: For the purpose of asset management, incorporation as a specialised management company is required (no branches). Only firms
having their registered office in Lithuania can act as the depositories of the assets.
PT: Pension fund management may be provided only by companies incorporated in Portugal and specialised for that purpose and by insurance companies established in Portugal and authorised to take up life insurance business or by entities authorised for pension fund management in other Member States of the European Union (unbound for direct branching from non-European Union countries).
RO: Branches of foreign institutions are not allowed to provide asset management services.
SK: Investment services in Slovakia can be provided by banks, investment companies, investment funds and security dealers which have legal form of joint-stock company with equity capital according to the law (no branches).
SI: Unbound for participation in banks under privatisation and for private pension funds (non-compulsory pension funds).
SE: A founder of a savings bank shall be a natural person resident in the European Union.
EU/KR/ANNEX 7-A/en 109
Sector or sub-sector Description of reservations
-
13.HEALTH SERVICES AND
59
SOCIAL SERVICES
(only privately funded services)
A. Hospital Services EU: Participation of private operators in the health and social network is subject to concession. An economic needs test may apply. Main
(CPC 9311) criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment.
B. Ambulance Services AT, SI: Unbound for ambulance services. (CPC 93192) BG: Unbound for hospital services, for ambulance services and for residential health facilities other than hospital services.
C. Residential health facilities
other than hospital services CY, CZ, FI, MT, SE, SK: Unbound. (CPC 93193) HU: Unbound for social services. D. Social Services PL: Unbound for ambulance services, for residential health facilities other than hospital services, and for social services.
(CPC 933) BE, UK: Unbound for ambulance services, for residential health facilities other than hospital services, and for social services other than convalescent and rest houses and old people's homes.
59 The horizontal limitation on public utilities applies.
EU/KR/ANNEX 7-A/en 110
Sector or sub-sector Description of reservations
-
14.TOURISM AND TRAVEL RELATED SERVICES
A. Hotel, Restaurants BG: Incorporation is required (no branches).
and Catering IT: An economic needs test applies to bars, cafes and restaurants. Main criteria: population and density of existing establishments.
(CPC 641, CPC 642 and CPC 643)
excluding catering in air
transport services 60
B. Travel Agencies and Tour BG: Unbound for direct branching (incorporation is required). Operators Services (including
tour managers) PT: Requirement of constitution of a commercial company having its corporate base in Portugal (unbound for branches).
(CPC 7471)
C. Tourist Guides Services None.
(CPC 7472)
60 Catering in air transport services is to be found in SERVICES AUXILARY TO TRANSPORT under 17.E.a) Ground-handling services.
EU/KR/ANNEX 7-A/en 111
Sector or sub-sector Description of reservations
-
15.RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audio-visual services)
A. Entertainment Services CY, CZ, FI, MT, PL, RO, SI, SK: Unbound. (including Theatre, Live Bands,
Circus and Discotheque Services) BG: Unbound except for theatrical producer, singer group, band and orchestra entertainment services (CPC 96191), services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192), and ancillary theatrical services
(CPC 9619) (CPC 96193).
EE: Unbound for other entertainment services (CPC 96199) except for cinema theatre services.
LV: Unbound except for cinema theatre operation services (part of CPC 96199).
B. News and Press FR: Foreign participation in companies publishing publications in the French language may not exceed 20 percent of the capital or of Agencies Services voting rights in the company. Press agencies: Unbound, except that Korean press agencies may establish a branch or office in France for
(CPC 962) the sole purpose of collecting news. For greater certainty, such branch or office may not distribute news.
BG, CY, CZ, EE, HU, LT, MT, RO, PL, SI, SK: Unbound.
PT: News companies, incorporated in Portugal in the juridical form of "Sociedade Anónima", must have the social capital in the form of
nominal stocks.
C. Libraries, archives, museums BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
and other cultural services 61 AT, LT: Participation of private operators in the libraries, archives, museums and other cultural services' network is subject to
(CPC 963) concession or licence.
61 The horizontal limitation on public utilities applies.
EU/KR/ANNEX 7-A/en 112
Sector or sub-sector Description of reservations
D. Sporting services AT, SI: Unbound for ski school services and mountain guide services.
(CPC 9641) BG, CY, CZ, EE, LV, MT, PL, RO, SK: Unbound.
E. Recreation park and None. beach Services
(CPC 96491)
-
16.TRANSPORT SERVICES
A. Maritime Transport 62
62 The horizontal limitation on public utilities applies to port services and other maritime transport services requiring the use of the public domain.
EU/KR/ANNEX 7-A/en 113
Sector or sub-sector Description of reservations
-
a)International AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the passenger transportation establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.
(CPC 7211 less national
cabotage transport 63 ).
-
b)International freight transportation
(CPC 7212 less national
cabotage transport 64 )
63 Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not
include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the European Union.
64 Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not
include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the European Union.
EU/KR/ANNEX 7-A/en 114
Sector or sub-sector Description of reservations
B. Internal Waterways Transport
-
a)Passenger transportation EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Main(CPC
7221 less national Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding
65
cabotage transport ) ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.
-
b)Freight transportation AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.
(CPC 7222 less national
66
cabotage transport ) AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as a legal person, nationality condition for the managing board and the supervisory board. Registered company or permanent establishment in Austria
is required. In addition, the majority of business shares must be held by the citizens of the European Union.
BG: Unbound for direct branching (incorporation is required).
HU: Participation of the State may be required in an establishment.
FI: Services can be provided only by ships operating under the Finnish flag.
65 Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not
include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the European Union.
66 Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not
include national cabotage transport, which is assumed to cover transportation of passengers or goods between a port or point located in a Member State of the European Union and another port or point located in the same Member State, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in a Member State of the European Union.
EU/KR/ANNEX 7-A/en 115
Sector or sub-sector Description of reservations
C. Rail Transport 67 BG: Unbound for direct branching (incorporation is required).
-
a)Passenger transportation
(CPC 7111)
-
b)Freight transportation
(CPC 7112)
67 The horizontal limitation on public utilities applies to rail transport services requiring the use of the public domain.
EU/KR/ANNEX 7-A/en 116
Sector or sub-sector Description of reservations
68
D. Road Transport
-
a)Passenger Transportation EU: Foreign investors cannot provide transport services within a Member State (cabotage), except for rental of non-scheduled services
(CPC 7121 and CPC 7122) of buses with operator.
EU: Economic needs test for taxi services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment.
AT, BG: Exclusive rights and/or authorisation can only be granted to nationals of the Member States of the European Union and to juridical persons of the European Union having their headquarters in the European Union.
BG: Unbound for direct branching (incorporation is required).
FI, LV: Authorisation is required, not extended to foreign registered vehicles.
LV and SE: Requirement for established entities to use vehicles with national registration.
ES: Economic needs test for CPC 7122. Main criteria: local demand.
IT, PT: Economic needs test for limousine services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment.
ES, IE, IT: Economic needs test for intercity bussing services. Main criteria: number of and impact on existing establishments, population density, geographic spread, impact on traffic conditions and creation of new employment.
FR : Unbound for intercity bussing services.
68 The horizontal limitation on public utilities applies.
EU/KR/ANNEX 7-A/en 117
Sector or sub-sector Description of reservations
-
b)Freight Transportation 69 AT, BG: Exclusive rights and/or authorisation can only be granted to nationals of the Member States of the European Union and to
(CPC 7123, excluding juridical persons of the European Union having their headquarters in the European Union.
transportation of postal and courier BG: Unbound for direct branching (incorporation is required).
items on own account 70 ). FI, LV: Authorisation is required, not extended to foreign registered vehicles.
LV and SE: Requirement for established entities to use vehicles with national registration.
IT, SK: Economic needs test. Main criteria: local demand.
E. Pipeline transport of goods AT: Exclusive rights can only be granted to nationals of the Member States of the European Union and to juridical persons of the
other than fuel 71 72 European Union having their headquarters in the European Union.
(CPC 7139)
69 The horizontal limitation on public utilities applies in some Member States.
70 Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 7.A. Postal and Courier Services.
71 Pipeline transportation of fuels is to be found in ENERGY SERVICES under 19.B.
72 The horizontal limitation on public utilities applies.
EU/KR/ANNEX 7-A/en 118
Sector or sub-sector Description of reservations
-
17.SERVICES AUXILIARY
TO TRANSPORT 73
A. Services auxiliary to AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the
Maritime Transport 74 establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.
-
a)Maritime Cargo IT: Economic needs test 75 for maritime cargo-handling services. Main criteria: number of and impact on existing establishments,
Handling Services population density, geographic spread and creation of new employment
-
b)Storage and BG: Unbound for direct branching (incorporation is required). For Maritime Agency Services, Korean shipping companies have the warehousing Services right to establish branch offices which may act as agents for their principal offices. Services auxiliary to Maritime Transport that
(part of CPC 742) require the use of vessels can be provided only by vessels operating under the Bulgarian flag. c) Customs Clearance Services SI: Only juridical persons established in the Slovenia (no branches) can perform customs clearance. d) Container Station and FI: Services can be provided only by ships operating under the Finnish flag.
Depot Services
-
e)Maritime Agency Services
-
f)Maritime Freight Forwarding Services
-
73 Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.l) 1.
to 6.F.l) 4.
74 The horizontal limitation on public utilities applies to port services, to other auxiliary services requiring the use of the public domain, and to
pushing and towing services.
75 This measure is applied on a non-discriminatory basis.
EU/KR/ANNEX 7-A/en 119
Sector or sub-sector Description of reservations
-
g)Rental of Vessels with Crew
(CPC 7213)
-
h)Pushing and towing services
(CPC 7214)
-
i)Supporting services for maritime transport
(part of CPC 745)
-
j)Other supporting and auxiliary services (including catering)
(part of CPC 749)
EU/KR/ANNEX 7-A/en 120
Sector or sub-sector Description of reservations
B. Services auxiliary to internal EU: Measures based upon existing or future agreements on access to inland waterways (incl. agreements following the Rhine-Mainwaterways
transport 76 Danube link) reserve some traffic rights to operators based in the countries concerned and meeting nationality criteria regarding
-
a)Cargo-handling services ownership. Subject to regulations implementing the Mannheim Convention on Rhine Shipping.
(part of CPC 741) AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, HU, IE, IT, LT, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment.
-
b)Storage and
warehouse services AT: Nationality condition in order to set up a shipping company by natural persons. In the case of establishment as a legal person, nationality condition for the managing board and the supervisory board. Registration of a company or permanent establishment in
(part of CPC 742) Austria is required. In addition, the majority of business shares must be held by the citizens of the European Union, except for storage
-
c)Freight transport and warehouse services, freight transport agency services, and pre-shipment inspection.
agency services BG: Unbound for direct branching (incorporation is required). Participation in a Bulgarian company is limited to 49 percent.
(part of CPC 748) HU: Participation of the State may be required in an establishment, except for storage and warehouse services.
-
d)Rental of Vessels with Crew FI: Services can be provided only by ships operating under the Finnish flag.
(CPC 7223) SI: Only juridical persons established in the Slovenia (no branches) can perform customs clearance.
-
e)Pushing and towing services
(CPC 7224)
-
f)Supporting services for internal waterways transport
( part of CPC 745)
-
g)Other supporting and auxiliary services
(part of CPC 749)
76 The horizontal limitation on public utilities applies to port services, to other auxiliary services requiring the use of the public domain and to
pushing and towing services.
EU/KR/ANNEX 7-A/en 121
Sector or sub-sector Description of reservations
C. Services auxiliary to BG: Unbound for direct branching (incorporation is required). Participation in a Bulgarian company is limited to 49 percent.
rail transport 77 SI: Only juridical persons established in the Slovenia (no branches) can perform customs clearance.
-
a)Cargo-handling services
(part of CPC 741)
-
b)Storage and warehouse services
(part of CPC 742)
-
c)Freight transport agency services
(part of CPC 748)
-
d)Pushing and towing services
(CPC 7113)
-
e)Supporting services for rail transport services
(CPC 743)
-
f)Other supporting and auxiliary services
(part of CPC 749)
77 The horizontal limitation on public utilities applies when the services require the use of the public domain.
EU/KR/ANNEX 7-A/en 122
Sector or sub-sector Description of reservations
D. Services auxiliary to AT: For rental of commercial road vehicles with operators, authorisation can only be granted to nationals of the Member States of the
78
road transport European Union, and to juridical persons of the European Union having their headquarters in the European Union.
-
a)Cargo-handling services BG: Unbound for direct branching (incorporation is required). Participation in a Bulgarian company is limited to 49 percent.
(part of CPC 741) FI: For rental of commercial road vehicles with operators, authorisation is required, but not extended to foreign registered vehicles.
-
b)Storage and SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance. warehouse services
(part of CPC 742)
-
c)Freight transport agency services
(part of CPC 748)
-
d)Rental of Commercial Road Vehicles with Operators
(CPC 7124)
-
e)Supporting services for road transport equipment
(CPC 744)
-
f)Other supporting and auxiliary services
(part of CPC 749)
78 The horizontal limitation on public utilities applies when the services require the use of the public domain.
EU/KR/ANNEX 7-A/en 123
Sector or sub-sector Description of reservations
E. Services auxiliary to air transport services
-
a)Ground-handling services EU: Unbound, except for National Treatment. Categories of activities depend on the size of the airport. The number of service suppliers (including catering) in each airport can be limited, due to available-space constraints, and to not less than two suppliers for other reasons.
BG: Unbound for direct branching (incorporation is required).
-
b)Storage and BG: Unbound for direct branching (incorporation is required).
warehouse services PL: For storage services of frozen or refrigerated goods and bulk storage services of liquids or gases, categories of activities depend on
(part of CPC 742) the size of the airport. The number of service suppliers in each airport can be limited, due to available-space constraints, and to not less than two suppliers for other reasons.
-
c)Freight transport CY, CZ, HU, MT, PL, RO, SK: Unbound.
agency services BG: Foreign persons can supply services only through participation in Bulgarian companies with 49 percent limitation on equity
(part of CPC 748) participation and through branches.
SI: Only juridical persons established in Slovenia (no branches) can perform customs clearance.
-
d)Rental of aircraft with crew EU: Aircraft used by an air carrier of the European Union have to be registered in the Member State of the European Union licensing
(CPC 734) the air carrier or, if the licensing Member State so allows, elsewhere in the European Union.
To be registered, aircraft may be required to be owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control.
Aircraft must be operated by an air carrier owned either by natural persons meeting specific nationality criteria or by juridical persons meeting specific criteria regarding ownership of capital and control.
EU/KR/ANNEX 7-A/en 124
Sector or sub-sector Description of reservations
-
e)Sales and Marketing EU: Where air carriers of the European Union are not accorded equivalent treatment 79 to that provided in the European Union by
-
f)Computer Reservations System CRS services suppliers in Korea, or where CRS services suppliers of the European Union are not accorded equivalent treatment to that provided in the European Union by air carriers in Korea, measures may be taken to accord equivalent treatment, respectively, to
the air carriers of Korea by the CRS services suppliers in the European Union, or to the CRS services suppliers of Korea by the air carriers in the European Union.
BG: Unbound for direct branching (incorporation is required).
F. Services auxiliary to pipeline None.
transport of goods other than fuel 80
-
a)Storage and warehouse services of goods other than fuel
81
transported by pipelines
(part of CPC 742)
-
18.OTHER TRANSPORT SERVICES
Provision of Combined All Member States except AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SI, SK: None, without prejudice to the limitations Transport Service inscribed in this List of Commitments affecting any given mode of transport.
AT, BG, CY, CZ, EE, HU, LT, LV, MT, PL, RO, SE, SI, SK: Unbound.
-
79 "Equivalent treatment" implies non-discriminatory treatment of air carriers of the European Union and CRS services suppliers of the
European Union.
80 Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 19.C.
81 The horizontal limitation on public utilities applies.
EU/KR/ANNEX 7-A/en 125
Sector or sub-sector Description of reservations
-
19.ENERGY SERVICES
A. Services Incidental to Mining 82 None.
83
(CPC 883)
B. Pipeline Transportation AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, IT, LV, LU, MT, NL, PL, PT, RO, SK, SI, SE, UK: Unbound.
of fuels 84
(CPC 7131)
C. Storage and warehouse PL: Investors from countries which are energy suppliers may be prohibited to obtain the control of the activity. Unbound for direct services of fuels transported branching (incorporation is required).
through pipelines 85
(part of CPC 742)
82 The horizontal limitation on public utilities applies.
83 Includes the following services rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation,
on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services and plugging and abandoning of wells. Does not include direct access to or exploitation of natural resources. Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION AND RELATED ENGINEERING SERVICES.
84 The horizontal limitation on public utilities applies.
85 The horizontal limitation on public utilities applies.
EU/KR/ANNEX 7-A/en 126
Sector or sub-sector Description of reservations
D. Wholesale trade services of EU: Unbound for wholesale trade services of electricity, steam and hot water. solid, liquid and gaseous fuels and related products
(CPC 62271)
and wholesale trade services of
electricity, steam and hot water 86
E. Retailing Services of EU: Unbound for retailing services of motor fuel, electricity, (non bottled) gas, steam and hot water.
motor fuel BE, BG, DK, FR, IT, MT, PT: For retail sales of fuel oil, bottled gas, coal and wood, authorisation for department stores (in the case
(CPC 613) of FR only for large stores) is subject to an economic needs test. Main criteria: number of and impact on existing stores, population
F. Retail sales of fuel oil, bottled density, geographic spread, impact on traffic conditions and creation of new employment.
gas, coal and wood
(CPC 63297)
and retailing services of electricity, (non-bottled) gas,
steam and hot water 87
G. Services incidental to AT, BE, BG, CY, CZ, DE, DK, ES, EE, FI, FR, EL, IE, HU, IT, LU, LT, MT, NL, PL, PT, RO, SK, SE, UK: Unbound except for
energy distribution 88 consultancy services, and none for consultancy services.
(CPC 887) SI: Unbound except for services incidental to the distribution of gas, and none for the distribution of gas.
86 The horizontal limitation on public utilities applies.
87 The horizontal limitation on public utilities applies.
88 Except for consulting services, the horizontal limitation on public utilities applies.
EU/KR/ANNEX 7-A/en 127
Sector or sub-sector Description of reservations
-
20.OTHER SERVICES NOT
INCLUDED ELSEWHERE
-
a)Washing, Cleaning and None.
Dyeing services
(CPC 9701)
-
b)Hairdressing services IT: An economic needs test applies on a national treatment basis. The economic needs test, when applied, sets a limit on the number (CPC 97021) of enterprises. Main criteria: population and density of existing business.
-
c)Cosmetic treatment, manicuring IT: An economic needs test applies on a national treatment basis. The economic needs test, when applied, sets a limit on the number and pedicuring services of enterprises. Main criteria: population and density of existing business.
(CPC 97022)
-
d)Other beauty treatment IT: An economic needs test applies on a national treatment basis. The economic needs test, when applied, sets a limit on the number services n.e.c of enterprises. Main criteria: population and density of existing business.
(CPC 97029)
EU/KR/ANNEX 7-A/en 128
Sector or sub-sector Description of reservations
-
e)Spa services and non None. therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or
89
rehabilitation purposes 90
(CPC ver. 1.0 97230)
-
f)Telecommunications None. connection services
(CPC 7543)
89 Therapeutical massages and thermal cure services are to be found under 6.A.h) Medical and Dental services, 6.A.j) 2. Services provided by
Nurses,Physiotherapists and Paramedical personnel, and Health Services (13.A and 13.C).
90 The horizontal limitation on public utilities applies to spa services and non-therapeutical massages provided in domains of public utility such as
certain water sources.
EU/KR/ANNEX 7-A/en 129
ANNEX 7-A-3
EU PARTY
LIST OF RESERVATIONS IN CONFORMITY WITH ARTICLES 7.18 AND 7.19
(KEY PERSONNEL AND GRADUATE TRAINEES AND BUSINESS SERVICE SELLERS)
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1.The list of reservations below indicates the economic activities liberalised pursuant to
Articles 7.7 and 7.13 for which limitations on key personnel and graduate trainees in
accordance with Articles 7.18 and 7.19 apply and specifies such limitations. The list below is
composed of the following elements:
(a) the first column indicating the sector or sub-sector in which limitations apply; and
(b) the second column describing the applicable limitations.
The EU Party does not undertake any commitment for key personnel in economic activities
which are not liberalised (remain unbound) pursuant to Article 7.13.
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2.In identifying individual sectors and sub-sectors:
(a) ISIC rev 3.1 means the International Standard Industrial Classification of all Economic
Activities as set out in Statistical Office of the United Nations, Statistical Papers,
Series M, N° 4, ISIC REV 3.1, 2002;
(b) CPC means the Central Products Classification as referred to in footnote 27 to
Article 7.25; and
(c) CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of
the United Nations, Statistical Papers, Series M, N° 77, CPC ver 1.0, 1998.
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3.Commitments on key personnel and graduate trainees do not apply in cases where the intent
or effect of their temporary presence is to interfere with, or otherwise affect the outcome of,
any labour/management dispute or negotiation.
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4.The list below does not include measures relating to qualification requirements and
procedures, technical standards and licensing requirements and procedures when they do not
constitute a limitation within the meaning of Articles 7.18 and 7.19. Those measures (e.g.
need to obtain a license, need to obtain recognition of qualifications in regulated sectors, need
to pass specific examinations, including language examinations, and need to have a legal
domicile in the territory where the economic activity is performed), even if not listed below,
apply in any case to key personnel and graduate trainees of Korea.
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5.All requirements of the laws and regulations of the EU Party regarding entry, stay, work and
social security measures shall continue to apply, including regulations concerning period of
stay, minimum wages as well as collective wage agreements even if not listed below.
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6.In accordance with Article 7.1.3, the list below does not include measures concerning
subsidies granted by a Party.
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7.The list below is without prejudice to the existence of public monopolies and exclusive rights
as described in the list of commitments on establishment.
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8.In the sectors where economic needs tests are applied, their main criteria will be the
assessment of the relevant market situation in the Member State of the European Union or the
region where the service is to be provided, including with respect to the number of, and the
impact on, existing services suppliers.
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9.The rights and obligations arising from the list below shall have no self-executing effect and
thus confer no rights directly on natural or juridical persons.
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10.The following abbreviations are used in the list below:
AT Austria
BE Belgium
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BG Bulgaria
CY Cyprus
CZ Czech Republic
DE Germany
DK Denmark
EU European Union, including all its Member States
ES Spain
EE Estonia
FI Finland
FR France
EL Greece
HU Hungary
IE Ireland
EU/KR/ANNEX 7-A/en 133 IT Italy
LV Latvia
LT Lithuania
LU Luxembourg
MT Malta
NL Netherlands
PL Poland
PT Portugal
RO Romania
SK Slovakia
SI Slovenia
SE Sweden
UK United Kingdom
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Sector or sub-sector Description of reservations
ALL SECTORS Economic needs test
1
BG, HU: Economic needs tests are required for graduate trainees .
ALL SECTORS Scope of intracorporate transferees
BG: The number of intracorporate transferees is not to exceed 10 percent of the average annual number of the citizens of the European Union employed by the respective Bulgarian juridical person. Where less than 100 persons are employed, the number of intracorporate
transferees may, subject to authorisation, exceed 10 percent of that of the total employees.
HU: Unbound for a natural person who has been a partner in a juridical person of Korea.
ALL SECTORS Graduate trainees
For AT, DE, ES, FR, HU, training must be linked to the university degree which has been obtained.
1 As regards services sectors, these limitations do not go beyond the limitations reflected in the existing GATS commitments.
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Sector or sub-sector Description of reservations
ALL SECTORS Managing directors and auditors
AT: Managing directors of branches of juridical persons have to be resident in Austria. Natural persons within a juridical person or a
branch responsible for the observance of the Austrian Trade Act must have a domicile in Austria.
FI: A foreigner carrying on trade as a private entrepreneur needs a trade permit and has to be permanently resident in the European Union. For all sectors, except telecommunications services, nationality conditions and residency requirements apply for the managing director of a limited company. For telecommunications services, permanent residency for the managing director.
FR: The managing director of an industrial, commercial or artisanal activity, if not a holder of a residency permit, needs a specific authorisation.
RO: The majority of the commercial companies' auditors and their deputies shall be Romanian citizens.
SE: The managing director of a juridical person or a branch shall reside in Sweden.
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Sector or sub-sector Description of reservations
ALL SECTORS Recognition
EU: European Union directives on mutual recognition of diplomas only apply to the citizens of the European Union. The right to practise a regulated professional service in one Member State of the European Union does not grant the right to practise in another
Member State 2 .
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4.MANUFACTURING 3
H. Publishing, printing and IT: Nationality condition for publishers.
reproduction of recorded media PL: Nationality condition for the editor-in-chief of newspapers and journals.
(ISIC rev 3.1: 22), excluding
publishing and printing on a fee SE: Residency requirement for publishers and owners of publishing and printing companies.
or contract basis 4
2 In order for non-European Union country nationals to obtain EU-wide recognition of their qualifications, a mutual recognition agreement,
negotiated within the framework defined in Article 7.21, is necessary.
3 This sector does not include advisory services incidental to manufacturing, which are to be found in BUSINESS SERVICES under 6.F.h). 4 Publishing and printing on a fee or contract basis is to be found in BUSINESS SERVICES under 6.F.p).
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Sector or sub-sector Description of reservations
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6.BUSINESS SERVICES
A. Professional Services
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a)Legal Services AT, CY, ES, EL, LT, MT, RO, SK: Full admission to the Bar, required for the practice of domestic (EU and Member State) law, is
5
(CPC 861) subject to a nationality condition. For ES, the competent authorities may grant waivers.
BE, FI: Full admission to the Bar, required for legal representation services, is subject to a nationality condition, coupled with a residency requirement. In BE quotas apply for representation before the "Cour de cassation" in non-criminal cases.
5 Includes legal advisory services, legal representational services, legal arbitration and conciliation/mediation services, and legal documentation
and certification services. Provision of legal services is only authorised in respect of public international law, EU law and the law of any jurisdiction where the service supplier or its personnel is qualified to practice as a lawyer, and, like the provision of other services, is subject to licensing requirements and procedures applicable in the Member States of the European Union. For lawyers providing legal services in respect of public international law and foreign law, these licensing requirements and procedures may take, inter alia, the form of compliance with local codes of ethics, use of home title (unless recognition with the host title has been obtained), insurance requirements, simple registration with the host country Bar or a simplified admission to the host country Bar through an aptitude test and a legal or professional domicile in the host country. Legal services in respect of EU law shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in a Member State of the European Union acting personally, and legal services in respect of the law of a Member State of the European Union shall in principle be carried out by or through a fully qualified lawyer admitted to the Bar in that Member State acting personally. Full admission to the Bar in the relevant Member State of the European Union might therefore be necessary for representation before courts and other competent authorities in the EU Party since it involves practice of EU and national procedural law. However, in some Member States, foreign lawyers not fully admitted to the Bar are allowed to represent in civil proceedings a party being a national of or belonging to the State in which the lawyer is entitled to practice.
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Sector or sub-sector Description of reservations
excluding legal advisory and legal BG: Korean lawyers can only provide legal representation services of a Korean national and subject to reciprocity and cooperation with documentations and certification a Bulgarian lawyer. For legal mediation services, permanent residency is required. services provided by legal
professionals entrusted with FR: Lawyers' access to the profession of "avocat auprès de la Cour de Cassation" and "avocat auprès du Conseil d'Etat" is subject to public functions, such as notaries, quotas and to a nationality condition.
"huissiers de justice" or other HU: Full admission to the Bar is subject to a nationality condition, coupled with a residency requirement. For foreign lawyers the scope "officiers publics et ministériels". of legal activities is limited to the provision of legal advice, which shall take place on the basis of a collaboration contract concluded
with a Hungarian attorney or a law firm.
LV: Nationality requirement for sworn solicitors, to whom legal representation in criminal proceedings is reserved.
DK: Marketing of legal advice services is restricted to lawyers with a Danish license to practice. Requirement of a Danish legal examination in order to obtain a Danish licence.
LU: Nationality condition for the supply of legal services in respect of Luxembourg and EU law.
SE: Admission to the Bar, necessary only for the use of the Swedish title "advokat", is subject to a residency requirement.
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b)1. Accounting and FR: Provision of accounting and bookkeeping services is conditional on a decision of the Minister of Economics, Finance and
Bookkeeping Services Industry, in agreement with the Minister of Foreign Affairs. The requirement of residency cannot exceed 5 years.
(CPC 86212 other than "auditing services", CPC 86213,
CPC 86219 and CPC 86220)
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Sector or sub-sector Description of reservations
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b)2. Auditing services AT: Nationality condition for representation before competent authorities and for performing audits provided for in specific Austrian
(CPC 86211 and 86212 other than laws (e.g. joint stock companies law, stock exchange law, banking law, etc.).
accounting services) DK: Residency requirement.
ES: Nationality condition for statutory auditors and for administrators, directors and partners of companies other than those covered by
the 8th EEC directive on company law.
FI: Residency requirement for at least one of the auditors of a Finnish liability company.
EL: Nationality condition for statutory auditors.
IT: Nationality condition for administrators, directors and partners of companies other than those covered by the 8th EEC directive on company law. Residency requirement for individual auditors.
SE: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, inter alia in all limited companies. Residency required for approval.
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c)Taxation Advisory Services AT: Nationality condition for representation before competent authorities.
6
(CPC 863) BG, SI: Nationality condition for specialists.
HU: Residency requirement.
6 Does not include legal advisory and legal representational services on tax matters, which are to be found under 6.A.a) Legal Services.
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Sector or sub-sector Description of reservations
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d)Architectural services EE: At least one responsible person (project manager or consultant) must be resident in Estonia.
and BG: Foreign specialists must have experience of at least two years in the field of construction. Nationality condition for urban planning
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e)Urban planning and landscape and landscape architectural services.
architectural services EL, HU, SK: Residency requirement.
(CPC 8671 and CPC 8674)
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f)Engineering services EE: At least one responsible person (project manager or consultant) must be resident in Estonia.
and BG: Foreign specialists must have experience of at least two years in the field of construction.
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g)Integrated engineering services SK: Residency requirement.
(CPC 8672 and CPC 8673) EL, HU: Residency requirement (For CPC 8673 a residency requirement only applies to Graduate Trainees).
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Sector or sub-sector Description of reservations
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h)Medical (including CZ, IT, SK: Residency requirement. psychologists) and
Dental services CZ, RO, SK: Authorisation by the competent authorities required for foreign natural persons.
(CPC 9312 and part of BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons.
CPC 85201) BG, MT: Nationality condition.
DE: Nationality condition which can be waived on an exceptional basis in cases of public health interest.
DK: Limited authorisation to fulfil a specific function can be given for up to 18 months and requires residency.
FR: Nationality condition. However, access is possible within annually established quotas.
LV: Practice of medical profession by foreigners requires the permission from local health authorities, based on economic needs for medical doctors and dentists in a given region.
PL: Practice of medical profession by foreigners requires the permission. Foreign medical doctors have limited election rights within the
professional chambers.
PT: Residency requirement for psychologists.
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i)Veterinary services BG, DE, EL, FR, HU: Nationality condition.
(CPC 932) CZ and SK: Nationality condition and residency requirement.
IT: Residency requirement.
PL: Nationality requirement. Foreign persons may apply for permission to practice.
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Sector or sub-sector Description of reservations
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j)1. Midwives services AT: In order to establish a professional practice in Austria, the person concerned must have practised the profession in question for at
(part of CPC 93191) least three years preceding the setting up of that professional practice.
BE, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons.
CY, EE, RO: Authorisation by the competent authorities required for foreign natural persons.
FR: Nationality condition. However, access is possible within annually established quotas.
IT: Residency requirement.
LV: Subject to economic needs, determined by the total number of midwives in the given region, authorised by local health authorities.
PL: Nationality condition. Foreign persons may apply for permission to practice.
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j)2. Services provided by Nurses, AT: Foreign services suppliers are only allowed in the following activities: nurses, physiotherapists, occupational therapists,
Physiotherapists and logotherapists, dieticians and nutricians. In order to establish a professional practice in Austria, the person concerned must have
Paramedical Personnel practised the profession in question for at least three years preceding the setting up of that professional practice.
(part of CPC 93191) BE, FR, LU: For graduate trainees, authorisation by the competent authorities required for foreign natural persons.
CY, CZ, EE, RO, SK: Authorisation by the competent authorities required for foreign natural persons.
HU: A nationality condition.
DK: Limited authorisation to fulfil a specific function can be given for up to 18 months and requires residency.
CY, CZ, EL, IT: Subject to an economic needs test: decision is subject to regional vacancies and shortages.
LV: Subject to economic needs determined by the total number of nurses in the given region, authorised by local health authorities.
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Sector or sub-sector Description of reservations
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k)Retail sales of pharmaceuticals FR: Nationality condition. However, within established quotas, access for Korean nationals is possible provided the service provider and retail sales of medical and holds a French degree in pharmacy.
orthopaedical goods DE, EL, SK: A nationality condition. (CPC 63211) HU: Nationality condition except for retail sales of pharmaceuticals and retail sales of medical and orthopaedical goods
and other services supplied (CPC 63211).
by pharmacists 7 IT, PT: Residency requirement.
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D. Real Estate Services
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a)Involving Own or FR, HU, IT, PT: Residency requirement.
Leased Property LV, MT, SI: Nationality condition.
(CPC 821)
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b)On a Fee or Contract Basis DK: Residency requirement unless waived by the Danish Commerce and Companies Agency.
(CPC 822) FR, HU, IT, PT: Residency requirement.
LV, MT, SI: Nationality condition.
7 The supply of pharmaceuticals to the general public, like the provision of other services, is subject to licensing and qualification requirements
and procedures applicable in the Member States of the European Union. As a general rule, this activity is reserved to pharmacists. In some Member States, only the supply of prescription drugs is reserved to pharmacists.
8 The service involved relates to the profession of real estate agent and does not affect any rights and/or restrictions on natural and juridical persons
purchasing real estate.
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Sector or sub-sector Description of reservations
E. Rental/Leasing Services without Operators
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e)Relating to personal and EU: Nationality condition for specialists and for graduate trainees. household goods
(CPC 832)
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f)Telecommunications EU: Nationality condition for specialists and for graduate trainees. equipment rental
(CPC 7541)
F. Other Business Services
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e)Technical Testing and IT, PT: Residency requirements for biologists and chemical analysts. Analysis Services
(CPC 8676)
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f)Advisory and Consulting IT: Residency requirements for agronomists and "periti agrari". services incidental to Agriculture,
Hunting and Forestry
(part of CPC 881)
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Sector or sub-sector Description of reservations
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j)2. Security Services BE: Nationality condition and a residency requirement for management personnel.
(CPC 87302, CPC 87303, BG, CY, CZ, EE, LV, LT, MT, PL, RO, SI, SK: Nationality condition and a residency requirement.
CPC 87304 and CPC 87305) DK: Nationality condition and a residency requirement for managers and for airport guard services.
ES, PT: Nationality condition for specialized personnel.
FR: Nationality condition for managing directors and directors.
IT: Nationality condition and a residency requirement in order to obtain necessary authorisation for security guard services and the
transport of valuables.
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k)Related Scientific and BG: Nationality condition for specialists.
Technical Consulting Services DE: Nationality condition for publicly appointed surveyors.
(CPC 8675) FR: Nationality condition for "surveying" operations relating to the establishment of property rights and to land law.
IT, PT: Residency requirement.
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l)1. Maintenance and repair MT: Nationality condition. of vessels
(part of CPC 8868)
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l)2. Maintenance and Repair of LV: Nationality condition.
Rail Transport Equipment
(part of CPC 8868)
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Sector or sub-sector Description of reservations
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l)3. Maintenance and Repair of EU: For maintenance and repair of motor vehicles, motorcycles and snowmobiles, nationality condition for specialists and for motor vehicles, motorcycles, graduate trainees. snowmobiles and road transport Equipment
(CPC 6112, CPC 6122, part of CPC 8867 and part of CPC 8868)
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l)5. Maintenance and Repair EU: Nationality condition for specialists and for graduate trainee, except for: services of metal products, of (non
office) machinery, of (non BE, DE, DK, ES, FR, EL, HU, IE, IT, LU, MT, NL, PL, PT, RO, SE, UK for CPC 633, 8861, 8866; transport and non office) BG for repair services of personal and household goods (excl. Jewellery): CPC 63301, 63302, part of 63303, 63304, 63309;
equipment and of personal and AT for CPC 633, 8861-8866;
household goods 9 EE, FI, LV, LT for CPC 633, 8861-8866;
(CPC 633, CPC 7545, CPC 8861,
CPC 8862, CPC 8864, CPC 8865 CZ, SK for CPC 633, 8861-8865; and
and CPC 8866) SI for CPC 633, 8861, 8866.
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m)Building-Cleaning Services CY, EE, MT, PL, RO, SI: Nationality condition for specialists.
(CPC 874)
9 Maintenance and repair services of transport equipment (CPC 6112, 6122, 8867 and CPC 8868) are to be found under 6.F. l) 1. to 6.F.l) 4.
Maintenance and repair services of office machinery and equipment including computers (CPC 845) are to be found under 6.B. Computer and
Related Services.
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Sector or sub-sector Description of reservations
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n)Photographic Services LV: Nationality condition for specialty photography services.
(CPC 875) PL: Nationality condition for the supply of aerial photographic services.
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p)Printing and Publishing SE: Residency requirement for publishers and owners of publishing and printing companies.
(CPC 88442)
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q)Convention Services SI: Nationality condition.
(part of CPC 87909)
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r)1. Translation and FI: Residency requirement for certified translators.
Interpretation Services DK: Residency requirement for authorised public translators and interpreters, unless waived by the Danish Commerce and
(CPC 87905) Companies Agency.
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r)3. Collection Agency Services BE, EL, IT: Nationality condition.
(CPC 87902)
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r)4. Credit reporting services BE, EL, IT: Nationality condition.
(CPC 87901)
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r)5. Duplicating services EU: Nationality condition for specialists and for graduate trainees.
(CPC 87904) 10
10 Does not include printing services, which fall under CPC 88442 and are to be found under 6.F. p).
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Sector or sub-sector Description of reservations
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8.CONSTRUCTION AND BG: Foreign specialists must have experience of at least two years in the field of construction. RELATED ENGINEERING SERVICES (CPC 511, CPC 512, CPC 513, CPC 514, CPC 515, CPC 516, CPC 517 and CPC 518)
9.DISTRIBUTION SERVICES
(excluding distribution of arms, munitions and war material)
C. Retailing Services 11
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c)Food retailing services FR: Nationality condition for tobacconists (i.e. buraliste).
(CPC 631)
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10.EDUCATIONAL SERVICES (only privately funded services)
A. Primary Education Services FR: Nationality condition. However, Korean nationals may obtain authorisation from the competent authorities to establish and direct
(CPC 921) an education institution, and to teach.
IT: Nationality condition for service providers who are authorised to issue State-recognized diplomas.
EL: Nationality condition for teachers.
11 Does not include maintenance and repair services, which are to be found in BUSINESS SERVICES under 6.B. and 6.F.l).
Does not include retailing services of energy products which are to be found in ENERGY SERVICES under 19.E and 19.F.
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Sector or sub-sector Description of reservations
B. Secondary Education Services FR: Nationality condition. However, Korean nationals may obtain authorisation from the competent authorities to establish and direct
(CPC 922) an education institution, and to teach.
IT: Nationality condition for service providers who are authorised to issue State-recognized diplomas.
EL: Nationality condition for teachers.
LV: Nationality condition for technical and vocational secondary school-type education services for handicapped students (CPC 9224).
C. Higher Education Services FR: Nationality condition. However, Korean nationals may obtain authorisation from the competent authorities to establish and direct
(CPC 923) an education institution and to teach.
CZ, SK: Nationality condition for higher education services, except for post-secondary technical and vocational education services (CPC 92310).
IT: Nationality condition for service providers who are authorised to issue State-recognized diplomas.
DK: Nationality condition for professors.
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Sector or sub-sector Description of reservations
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12.FINANCIAL SERVICES
A. Insurance and AT: The management of a branch office must consist of two natural persons resident in Austria.
insurance-related services EE: For direct insurance, the management body of an insurance joint-stock company with Korean capital participation may include
Korean nationals only in proportion to the Korean participation and in any event not more than half of the members of the management body. The head of the management of a subsidiary or an independent company must permanently reside in Estonia.
ES: Residency requirement for the actuarial profession (or alternatively two years of experience).
IT: Residency requirement for the actuarial profession.
FI: The managing directors and at least one auditor of an insurance company shall have their place of residence in the European Union, unless the competent authorities have granted an exemption. The general agent of a Korean insurance company shall have his place of residence in Finland, unless the company has its head office in the European Union.
B. Banking and other financial BG: Permanent residence in Bulgaria is required for the executive directors and the managerial agent.
services (excluding insurance) FI: A managing director and at least one auditor of credits institutions shall have their place of residence in the European Union,
unless the Financial Supervision Authority has granted an exemption. The broker (individual person) on derivative exchange shall have his place of residence in the European Union.
IT: Condition of residency within the territory of a Member State of the European Union for "promotori di servizi finanziari" (financial salesmen).
LT: At least one manager must be a citizen of the European Union.
PL: Nationality requirement for at least one of the bank executives.
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Sector or sub-sector Description of reservations
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13.HEALTH SERVICES AND FR: Authorisation is necessary for the access to management functions. The availability of local managers is taken into consideration
SOCIAL SERVICES for the authorisation.
(only privately funded services) LV: Economic needs tests for doctors, dentists, midwives, nurses, physiotherapists and para-medical personnel.
A. Hospital Services PL: Practice of medical profession by foreigners requires permission. Foreign medical doctors have limited election rights within the
(CPC 9311) professional chambers.
B. Ambulance Services
(CPC 93192)
C. Residential health facilities other than hospital services
(CPC 93193)
E. Social Services
(CPC 933)
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14.TOURISM AND TRAVEL RELATED SERVICES
A. Hotel, Restaurants BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public and Catering (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 percent.
(CPC 641, CPC 642 and CPC 643)
excluding catering in air
transport services 12
12 Catering in air transport services is to be found in SERVICES AUXILIARY TO TRANSPORT under 17.E.a) Ground-handling services.
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Sector or sub-sector Description of reservations
B. Travel Agencies and Tour BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public Operators Services (including (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 percent. tour managers)
(CPC 7471)
C. Tourist Guides Services BG, CY, ES, FR, EL, HU, IT, LT, MT, PL, PT, SK: Nationality condition.
(CPC 7472)
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15.RECREATIONAL,
CULTURAL AND
SPORTING SERVICES
(other than audio-visual services)
A. Entertainment Services FR: Authorisation is necessary for the access to management functions. The authorisation is subject to a nationality condition when (including Theatre, Live Bands, authorisation for more than two years is required. Circus and Discotheque Services)
(CPC 9619)
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Sector or sub-sector Description of reservations
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16.TRANSPORT SERVICES
A. Maritime Transport
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a)International EU: Nationality condition for ships' crew.
passenger transportation AT: Nationality condition for the majority of managing directors.
(CPC 7211 less national cabotage transport).
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b)International freight transportation
(CPC 7212 less national cabotage transport)
D. Road Transport
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a)Passenger Transportation AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership.
(CPC 7121 and CPC 7122) DK: Nationality condition and residency requirement for managers.
BG, MT: Nationality condition.
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b)Freight Transportation AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership.
(CPC 7123, excluding BG, MT: Nationality condition. transportation of postal and courier
items on own account 13 ).
13 Part of CPC 71235, which is to be found in COMMUNICATION SERVICES under 7.A. Postal and Courier Services.
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Sector or sub-sector Description of reservations
E. Pipeline transport of goods AT: Nationality condition for managing directors.
other than fuel 14
(CPC 7139)
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17.SERVICES AUXILIARY
TO TRANSPORT 15
A. Services auxiliary to AT: Nationality condition for the majority of managing directors.
Maritime Transport BG, MT: Nationality condition.
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a)Maritime Cargo
Handling Services DK: Requirement of residency for customs clearance services. b) Storage and EL: Nationality condition for customs clearance services.
warehousing Services IT: Requirement of residency for "raccomandatario marittimo".
(part of CPC 742)
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c)Customs Clearance Services
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d)Container Station and Depot Services
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e)Maritime Agency Services
14 Pipeline transportation of fuels is to be found in ENERGY SERVICES under 19.B.
15 Does not include maintenance and repair services of transport equipment, which are to be found in BUSINESS SERVICES under 6.F.l) 1.
to 6.F.l) 4.
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Sector or sub-sector Description of reservations
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f)Maritime Freight
Forwarding Services
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g)Rental of Vessels with Crew
(CPC 7213)
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h)Pushing and towing services
(CPC 7214)
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i)Supporting services for maritime transport
(part of CPC 745)
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j)Other supporting and auxiliary services (excluding catering)
(part of CPC 749)
D. Services auxiliary to road AT: Nationality condition for persons and shareholders entitled to represent a juridical person or a partnership.
transport BG, MT: Nationality condition.
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d)Rental of Commercial Road
Vehicles with Operators
(CPC 7124)
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Sector or sub-sector Description of reservations
F. Services auxiliary to pipeline AT: Nationality condition for managing directors.
transport of goods other than fuel 16
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a)Storage and warehouse services of goods other than fuel transported by pipelines
(part of CPC 742)
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19.ENERGY SERVICES
A. Services Incidental to Mining SK: Residency requirement.
17
(CPC 883)
16 Services auxiliary to pipeline transportation of fuels are to be found in ENERGY SERVICES under 19.C.
17 Includes the following service rendered on a fee or contract basis: advisory and consulting services relating to mining, on-land site preparation,
on-land rig installation, drilling, drilling bits services, casing and tubular services, mud engineering and supply, solids control, fishing and downhole special operations, wellsite geology and drilling control, core taking, well testing, wireline services, supply and operation of completion fluids (brines) supply and installation of completion devices, cementing (pressure pumping), stimulation services (fracturing, acidising and pressure pumping), workover and well repair services, plugging and abandoning of wells. Does not include direct access to or exploitation of natural resources. Does not include site preparation work for mining of resources other than oil and gas (CPC 5115), which is to be found under 8. CONSTRUCTION AND RELATED ENGINEERING SERVICES.
EU/KR/ANNEX 7-A/en 157
Sector or sub-sector Description of reservations
-
20.OTHER SERVICES NOT
INCLUDED ELSEWHERE
-
a)Washing, Cleaning and EU: Nationality condition for specialists and for graduate trainees. Dyeing services
(CPC 9701)
-
b)Hairdressing services EU: Nationality condition for specialists and for graduate trainees. (CPC 97021)
-
c)Cosmetic treatment, manicuring EU: Nationality condition for specialists and for graduate trainees. and pedicuring services
(CPC 97022)
EU/KR/ANNEX 7-A/en 158
Sector or sub-sector Description of reservations
-
d)Other beauty treatment EU: Nationality condition for specialists and for graduate trainees. services n.e.c
(CPC 97029)
-
e)Spa services and non EU: Nationality condition for specialists and for graduate trainees. therapeutical massages, to the extent that they are provided as relaxation physical well-being services and not for medical or
18
rehabilitation purposes
(CPC ver. 1.0 97230)
18 Therapeutical massages and thermal cure services are to be found under 6.A.h) Medical and Dental services, 6.A.j) 2. Services provided by
Nurses, Physiotherapists and Paramedical personnel, and health services (13.A and 13.C).
EU/KR/ANNEX 7-A/en 159
20 Aug '10 |
Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part LEGISLATIVE ACTS AND OTHER INSTRUMENTS |
8530/10 |
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