Ref. Ares(2015)412272-02/02/2015 Annex: Table with EU' s reservations on public services extracts from TiSA and the CETA services chapter How to read the table: This table lists only the most relevant EU-wide reservations applicable to the individual sectors (education, health and social services) in CETA and TiSA. The TTIP offer is nearly identical with the TiSA offer. Complementary reservations of individual Member States have not been listed, however can be found in the respective sections of the schedules, available under the following links: http://trade.ec.europa.eu/doclib/docs/2014/july/tradoc_152689.pdf (TiSA offer) and http://trade.ec.europa.eu/doclib/docs/2014/september/tradoc_152806.pdf (CETA, see pages 1200 ff. for services) Regarding the different type of schedules, please note that CETA is fully based on negative listing, for both national treatment (i.e. allowing governments to discriminate foreign services suppliers) and market access (i.e. allowing governments to set quantitative restrictions for foreign service providers to enter the market). In this type of schedule, all sectors are committed by default. Only sectors for which reservations are taken have to be listed. TiSA is based on a hybrid approach, with negative listing for national treatment and positive listing for market access. This means that for national treatment, the same applies as in CETA. On market access, only committed sectors are listed. If a sector is listed but subject to reservations, all reservations have to be listed (i.e. negative listing of reservations). 1
Horizontal reservation on public services CETA Sector: All sectors Type of Reservation: Market Access In all EU Member States, services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators. Public utilities exist in sectors such as related scientific and technical consulting services, R&D services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sectorspecific scheduling is not practical. TiSA 3) EU: Services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators. 1,2 Footnote 1 Public utilities exist in sectors such as related scientific and technical consulting services, R&D services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific listing is not practical. Footnote 2 This limitation does not apply to telecommunications services and to computer and related services. Education services This reservation does not apply to telecommunications and to computer and related services. Sector: Education Services Industry classification: CPC 92 Requirements, Senior Management and Boards of Directors Description: Cross-Border Services and Investment the provision of all educational services which receive public funding or State 2 Commitments listed only for: 5. EDUCATIONAL SERVICES (only privately-funded services) Publicly-funded educational services are hence excluded from commitments. For market access reservations on privately-funded educational services, see page 85 of the EU's TiSA offer. National treatment "1, 2, 3) publicly-funded education services (CPC 92) and with regard to privately funded
support in any form, and are therefore not considered to be privately funded. other education services (CPC 929)." Health and social services The EU, except for CZ, NL, SE and SK, reserves the right to adopt and maintain any measure with respect to the provision of privately funded other education services (CPC 929), which means other than those classified as being primary, secondary, higher and adult education services. Where the provision of privately funded education services by a foreign provider is permitted, participation of private operators in the education system may be subject to concession allocated on a non-discriminatory basis. National complementary reservations may be found in the schedules of AT, BG, CY, CZ, FI, FR, IT, MT, RO, SI, SE, and SK. Sector: Health Services Industry classification: CPC 931, except for 9312 Medical and Dental Services and part of 93191 relating to Midwife Services and Services provided by Nurses, Physiotherapeutic and Para-medical services, Psychologist Services requirements, Senior Management and Boards of Directors the provision of all health services which receive public funding or State support in any form, and are therefore not considered to be privately funded. all privately funded health services, other than privately funded hospital, ambulance, and residential health facilities services other than hospital services (CPC 9311, 93192, 93193). The participation of private operators in the privately funded health network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing 3 Commitments are listed only for: 8. HEALTH SERVICES AND SOCIAL SERVICES (only privately-funded services) Publicly-funded health and social services are hence excluded from commitments. For market access reservations on privately-funded health and social services, see page 105ff. of the EU's TiSA offer. National treatment 8. Health Services and Social Services 1, 2, 3) the provision of all health services which receive public funding or State support in any form, and are therefore not considered to be privately funded (CPC 931, except for CPC 9312 Medical and Dental Services, and part of 93191 relating to Midwife Services and Services provided by Nurses, Physiotherapeutic and Para-medical Services). The EU reserves the right to adopt or maintain any measures with regard to all privately funded health services, other than privately funded hospital, ambulance, and residential health services other than hospital services (covered by CPC 9311, 93192 and 93193). 1) The EU, except in LT, LV and NL, reserves the right to adopt or maintain any
establishments, transport infrastructure, population density, geographic spread, and creation of new employment. This reservation does not relate to the provision of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists,, which are covered by other reservations. National complementary reservations may be found in the schedules of AT, BE, BG, CY, CZ, FI, FR, LT, MT, PL, SI, SK and UK. measure with respect to the supply of social services, whether publicly or privately funded (CPC 933). 3) The EU, except in AT, BE, BG, DE, DK, EE, EL, ES, FR, IE, IT, LV, LT, LU, PT, UK, reserves the right to adopt or maintain any measure with respect to all social services, whether publicly or privately funded (CPC 933). In BE, DE, DK, EL, ES, FR, IE, IT, PT, and UK, the right is reserved to adopt or maintain any measure with respect to publicly funded social services, and to privately funded social services other than services relating to Convalescent and rest Houses and Old People's Home (CPC 933)." * Sector: Health and social services Sub-sector: Human Health services and Social Services Industry classification: CPC 931 Human Health Services and 933 Social Services, except for 9312 Medical and Dental Services, and part of 93191 relating to Midwife Services and Services provided by Nurses, Physiotherapeutic and Para-medical Services, Psychologist Services Type of Reservation:, National Treatment Description: Cross-Border Services The EU, with the exception of HU, reserves the right to adopt or maintain any measure requiring the establishment or physical presence in their territory of suppliers and restricting the cross-border provision of health services from outside their territory. The EU, with the exception of LT, LV and the NL, reserves the right to adopt or maintain any measure requiring the establishment or physical presence in their territory of suppliers and restricting the cross-border provision of social services from outside their territory. National complementary reservations may be found in the schedule of LT. 4
This reservation does not relate to the provision of all health-related professional services, including the services provided by professionals such as medical doctors, dentists, midwives, nurses, physiotherapists, paramedics, and psychologists, which are covered by other reservations. Sector: Social Services Industry classification: CPC 933 Requirements, Senior Management and Boards of Directors the provision of all social services which receive public funding or State support in any form, and are therefore not considered to be privately funded. The participation of private operators in the privately funded social network may be subject to concession on a non-discriminatory basis. An economic needs test may apply. Main criteria: number of and impact on existing establishments, transport infrastructure, population density, geographic spread, and creation of new employment. National complementary reservations may be found in the schedules of BE, CY, CZ, DE, DK, EL, ES, FI, FR, HU, IE, IT, LT, MT, PL, PT, RO, SK, SL, and UK. 5