THIRD PROTOCOL TO THE GENERAL AGREEMENT ON TRADE IN SERVICES

MEMBERS OF THE WORLD TRADE ORGANIZATION whose schedules of specific commitments to the General Agreement on Trade in Services relating to movement of natural persons are annexed to this Protocol,

HAVING CARRIED out negotiations under the terms of the Ministerial Decision on negotiations on movement of natural persons adopted at Marrakech on 15 April 1994,

HAVING REGARD to the results of such negotiations,

HAVING REGARD to the Decision on the movement of natural persons adopted by the Council for Trade in Services on 30 June 1995,

AGREE AS FOLLOWS:

The commitments on movement of natural persons annexed to this Protocol relating to a Member shall, upon the entry into force of this Protocol for that Member, replace or supplement the relevant entries on movement of natural persons in the schedule of specific commitments of that Member.

This Protocol shall be open for acceptance, by signature or otherwise, by Members concerned until 30 June 1996.

This Protocol shall enter into force on the 30th day after 1 January 1996 for those Members which have accepted it by that date, and for those accepting it after that date, which date shall not be beyond 30 June 1996, it shall enter into force on the 30th day following the date of each acceptance. If a Member whose schedule is annexed to this Protocol does not accept it by thar date, the matter shall be referred to the Council for Trade in Services for consideration and appropriate action.

This Protocol shall be deposited with the Director-General of the World Trade Organization. The Director-General shall promplty furnish to each Member a certified copy of this Protocol and notifications of acceptances thereof pursuant to paragraph 3.

This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.

Done at Geneva this ... day of [month] one thousand nine hundred and ninety-five, in a single copy in the English, French and Spanish languages, each text being authentic, except as otherwise provided for in respect of the schedules annexed hereto.

EUROPEAN COMMUNITY AND ITS MEMBER STATES

SCHEDULE OF SPECIFIC COMMITMENTS

Supplement 2

(This is authentic in English only)

This text supplements the entries relating to the movement of natural persons section contained on pages 7 to 11 document GATS/SC/31.

EUROPEAN COMMUNITY AND ITS MEMBER

STATES SCHEDULE OF SPECIFIC COMMITMENTS

Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons

Sector or subsector

Limitations on market access

Limitations on national treatment

Additional commitments

HORIZONTAL COMMITMENTS

(4)

(iii)

Unbound except for measures concerning the entry into and temporary stay within a Member State of the following category of natural persons without requiring compliance with an economic needs test except where indicated for a specific subsector.

Access is subject to the following(1):

—	The natural persons are engaged in the supply of a service on a temporary basis as employees of a juridical person, who has no commercial presence in any Member State of the European Community.

—

The juridical person has obtained a service contract, for a period not exceeding three months from a final consumer in the Member State concerned, through an open tendering procedure or any other procedure which guarantees the bona fide character of the contract (e. g. advertisement of the availability of the contract) where this requirement exists or is introduced in the Member State pursuant to the laws, regulations and requirements of the European Community or its Member States.

—	The natural person seeking access should be offering such services as an employee of the juridical person supplying the service for at least the year (two years in the case of GR) immediately preceding such movement.

—	The temporary entry and stay within the Member State concerned shall be for a period of not more than 3 months in any 12 month period (24 months in the case of NL) or for the duration of the contract, whatever is less.

—	The natural person must possess the necessary academic qualifications and professional experience as specified for the sector or activity concerned in the Member State where the service is supplied.

—	The commitment relates only to the service activity which is the subject of the contract; it does not confer entitlement to exercise the professional title of the Member State concerned.

—	The number of the persons covered by the service contract shall not be larger than necessary to fulfil the contract, as it may be decided by the laws, regulations and requirements of the European Community and the Member State where the service is supplied.

—

The service contract has to be obtained in one of the activities mentioned below and subject to the additional conditions mentioned in the subsector by the Member State concerned:

—	legal services

—	accounting services

—	taxation advisory services

—	architectural services, urban planning and landscape architectural services

—	engineering services, integrated engineering services

—	computer and related services

—	research and development services

—	advertising

—	management consulting services

—	services related to management consulting

—	technical testing and analysis services

—	translation services

—	construction services, site investigation work

—	higher education services

—	travel agencies and tour operator services

—	entertainment services

—	services related to the sale of equipment or to the assignment of a patent.

(4)	Unbound except for measures concerning the categories of natural persons referred to in the Market Access column.

Legal advice on home country law and public international law (page 12 in the schedule dated April 1994):

(4)	Unbound except for D and UK where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

D and UK: University degree and professional qualifications and three years' professional experience in the sector.

D: Unbound for activities reserved to ‘Rechtsanwalt’.

Accounting services (page 14 in the schedule dated April 1994) (CPC 86212 other than ‘auditing services’):

(4)	Unbound except for A, D, L, NL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

Bookkeeping services for A only (page 17 in the schedule dated April 1994) (CPC 86220):

A, D, NL, UK, S: University degree and professional qualifications and three years' experience in the sector.

A: examination before the Austrian professional body. The employer must be a member of the relevant professional body in the home country where such body exists.

D: Unbound for activities reserved by law in the ‘Wirtschaftsprüfer’.

Taxation advisory services (page 18 in the schedule dated April 1994) (CPC 86301):

(4)	Unbound except for A, B, D, L, NL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

A, B, NL, UK, S: University degree and professional qualifications and three years' experience in the sector.

A: Examination before the Austrian professional body. The employer must be a member of the relevant professional body in the home country where such body exists.

D: Unbound except for consulting services related to foreign tax law, where: university degree and professional, qualifications and three years' professional experience in the sector.

Architectural services (page 20 in the schedule dated April 1994): (CPC 8671)

(4)	Unbound except for DK, E, L, NL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

and urban planning and landscape architectural services (page 22 in the schedule dated April 1994): (CPC 8674)

DK, NL, UK, S: University degree and professional qualifications and three years' professional experience in the sector.

E: Academic and professional qualifications recognized by the national authorities and licence delivered by the Professional Association. Unbound for CPC 86713, 86714, 86719.

Engineering services (page 21 in the schedule dated April 1994): (CPC 8672)

(4)	Unbound except for B, DK, E, NL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

B, DK, NL, UK, S: University degree and professional qualifications and three years' professional experience in the sector.

UK: Compliance with an economic needs test is required.

E: Academic and professional qualifications recognized by the national authorities and licence delivered by the professional association.

Integrated engineering services (page 22 in the schedule dated April 1994): (CPC 8673)

(4)	Unbound except for B, DK, E, NL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following limitations:

(4)	Unbound except as indicated in the horizontal section.

B, DK, NL, UK, S: University degree and professional qualifications and three years' professional experience in the sector.

UK: Compliance with an economic needs test is required.

E: Academic and professional qualifications recognized by the national authorities and licence delivered by the professional association.

Computer and related services (pages 31 to 33 in the schedule dated April 1994): (CPC 841, 842, 843, 844)

(4)	Unbound except for B, DK, GR, I, L, NL, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

B, DK, I, NL, S: Unbound, except for computer scientists, systems analysts, programmers, software document analysts and field engineers where: university degree and three years' professional experience in the sector.

I: Compliance with an economic needs test is required.

GR: Unbound, except for computer scientists, systems analysts, programmers, software document analysts where: university degree and five years' professional experience in the sector.

Research services (CPC 852) (page 33 of the schedule dated April 1994): (to be added under CPC 851 and 853 for F only)

(4)	Unbound except for F and L where concerning the temporary entry of researchers: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

—	The researchers are in possession of an employment contract from a research body.

—	The work permit is delivered for a period not exceeding nine months renewable for the duration of the contract.

—	Compliance with an economic needs test is required.

—	The research body must pay a tax to the International Migration Office.

Advertising (page 38 in the schedule dated April 1994): (CPC 871)

(4)	Unbound except for B, D, GR, I, L, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

B, D, I, UK, S: Relevant qualifications and three years' professional experience.

I, UK: Compliance with an economic needs test is required.

GR: Relevant qualifications and five years' professional experience.

Management consulting services (page 39 in the schedule dated April 1994): (CPC 865)

(4)	Unbound except for B, D, DK, I, L, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

B, D, DK, I, UK, S: Unbound except for managers and senior consultants where: university degree and three years' professional experience.

I, UK: Compliance with an economic needs test is required.

Services related to management consulting (page 39 in the schedule dated April 1994): (CPC 866)

(4)	Unbound except for B, D, DK, I, L, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

B, D, DK, I, UK, S: Unbound except for managers and senior consultants where: university degree and three years' professional experience.

I, UK: Compliance with an economic needs test is required.

Technical testing and analysis services (page 40 in the schedule dated April 1994): (CPC 8676)

(4)	Unbound except for D, DK, L, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

D, DK, UK, S: University degree or technical qualifications demonstrating knowledge and three years' professional experience

UK: Compliance with an economic needs test is required.

Translation services (page 48 in the schedule dated April 1994): (CPC 87905)

(4)	Unbound except for GR, I, IRL, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

GR: Relevant qualifications and five years' professional experience.

I, IRL, UK, S: Relevant qualifications and three years' professional experience.

I, UK: Compliance with an economic needs test is required.

Construction services (page 51 in the schedule dated April 1994): (CPC 511, 512, 513, 514, 515, 516, 517, 518)

(4)	Unbound except for NL and F where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

NL: University degree and professional qualifications and three years' professional experience in the sector.

F: Unbound except for measures concerning the temporary entry for technicians under the following conditions:

—	The technician is an employee of a juridical person within the territory of another Member and is transferred to a commercial presence in F which has a contract with that juridical person.

—	The work permit is delivered for a period not exceeding six months.

—	The technician presents a work certificate from the commercial presence in F and a letter from the juridical person within the territory of another Member, demonstrating its agreement to the transfer.

—	Compliance with an economic needs test is required.

—	The commercial presence body must pay a tax to the International Migration Office.

Site investigation work (CPC 5111)

(4)	Unbound except for B, D, DK, UK, S where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

B, DK, UK, S: University degree and professional qualifications and three years' professional experience in the sector.

UK: Compliance with an economic needs test is required.

D: Unbound except for limited range of services of site investigation work where: university degree and professional qualifications and three years' professional experience in the sector.

Higher education services (page 57 of the schedule dated April 1994): (CPC 923)

(4)	Unbound except for F and L concerning the temporary entry of professors where: as indicated in the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

—	The professors have obtained an employment contract from a university or other higher education institution.

—	The work permit is delivered for a period not exceeding nine months renewable for the duration of the contract.

—	Compliance with an economic needs test is required unless those professors are designated directly by the Minister in charge of higher education.

—	The recruiting institution must pay a tax to the International Migration Office.

Travel agencies and tour operators services (page 82 in the schedule dated April 1994): (CPC 7471)

(4)	Unbound except for A, B, D, DK, I, FIN, IRL, S where: as indicated in the horizontal section under (iii), and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

A, B, D, DK, FIN, I, IRL, S: Unbound except for tour managers (persons whose function is to accompany a tour group of a minimum of 10 people, without acting as guides in specific locations) where for A, B, D, DK, I, IRL, S: professional certificate and three years' professional experience.

I: Compliance with an economic needs test is required

Entertainment services (including theatre, live bands and circus services) (page 84 in the schedule dated April 1994): (CPC 9619)

(4)	Unbound except for A and F concerning the temporary entry of artists where: as indicated under the horizontal section under (iii) and subject to the following specific limitations:

(4)	Unbound except as indicated in the horizontal section.

A: Access is limited to persons whose main professional activity is in the field of fine arts, deriving the major part of their income from that activity. Such persons shall not exercise any other commercial activity in Austria.

—	The artists have obtained an employment contract from an authorized entertainment enterprise.

—	The work permit is delivered for a period not exceeding nine months renewable for a duration of three months.

—	Compliance with an economic needs test is required.

—	The entertainment enterprise must pay a tax to the International Migration Office.

Services related to the sale of equipment or to the assignment of a patent:

(4)

Unbound except for F concerning the temporary entry of technicians where: as indicated under the horizontal section under (iii) and subject to the following specific limitations:

—	The technician is an employee of a juridical person within the territory of another Member, and

—	that juridical person manufactures equipment and has sold that equipment to a commercial presence in France, or

—	that juridical person has assigned a patent to a commercial presence in France.

—	the technician is in charge of supervising the construction of the equipment, or of ensuring the preparation for the exploitation of the patent.

—	the work permit is delivered for a period not exceeding six months.

—	the technician presents a work certificate from the commercial presence in France and a letter from the juridical person within the territory of another Member demonstrating its agreement to the transfer.

—	the commercial presence in France must pay a tax to the International Migration Office.

(4)	Unbound except as indicated in the horizontal section.

(1) All other requirement of European Community and Member States' laws, regulations and requirements regarding entry, stay and work shall continue to apply. The service contract shall comply with the laws, regulations and requirements of the European Community and the Member State where the service contract is executed.

DECISION ON MOVEMENT OF NATURAL PERSONS COMMITMENTS

Adopted by the Council for Trade in Services on 21 July 1995

THE COUNCIL FOR TRADE IN SERVICES,

HAVING REGARD to the results of the negotiations conducted under the terms of the Decision on movement of natural persons adopted in Marrakesh on 15 April 1994,

HAVING REGARD to the Decision on the movement of natural persons adopted by the Council for Trade in Services on 30 June 1995,

DECIDES AS FOLLOWS:

To adopt the text of the Third Protocol to the General Agreement on Trade in Services.

Commencing immediately and continuing until the date of entry into force of the Third Protocol to the General Agreement on Trade in Services, Members concerned shall, to the fullest extent consistent with their existing legislation, not take measures which would be inconsistent with their undertakings resulting from these negotiations.

The Council for Trade in Services shall monitor the acceptance of the Protocol by Members concerned and shall, at the request of a Member, examine any concerns raised regarding the application of paragraph 2 above.