CROATIA

Schedule of Specific Commitments on Services

List of Article II MFN Exemptions

Models of supply of services: 1) Cross-border supply, 2) Consumption abroad, 3) Comercial presence, 4) Presence of natural persons

Sector or Sub-sector

Limitations on market Access

Limitations on National Treatment

Additional

Commitments

HORIZONTAL COMMITMENTS

Subsidies

 

All sectors included in this

 

1,2,3. Eligibility for subsidies from the

 

schedule

 

Republic of Croatia may be limited to

 

 

 

legal persons established within the

 

 

 

territory of Croatia or a particular geo-

 

 

 

graphical subdivision thereof. Research

 

 

 

and development subsidies are limited

 

 

 

to legal persons established in Croatia.

 

 

 

4. To the extent that any subsidies are

 

 

 

made available to natural persons, their

 

 

 

availability may be limited to the

 

 

 

nationals of the Republic of Croatia

 

 

3. Investment

 

 

 

Branch offices can perform all kind of

 

 

 

business activities, but are not consi-

 

 

 

dered to be independent legal entities.

 

 

 

The rights and obligations of the

 

 

 

branch officies are those vested in the

 

 

 

parent companies which have founded

 

 

 

them

 

 

 

3. Real Estate

 

 

 

 

 

 

 

SECTOR SPECIFIC COMMITMENTS

1. BUSINESS SERVICES

A. Professional services

 

 

 

a) Le­gal services, including

1. None for consultancy on foreign and

1. None

 

consultancy on home country,

international law. Unbound for

2. None

 

foreign and international law

practising of Croatian law.

 

 

(CPC 861)

2. None

3. Representation of parties before

 

 

3. None for consultancy on home

courts can be practised only by the

 

 

country, foreign and international law.

members of the Bar Council of Croatia

 

 

Unbound for le­gal representation of

(Croatian title »odvjetnici«). Citizenship

 

 

parties before the Courts. In

requirement for membership in the

 

 

proceedings involving international

Bar Council. Membership in the Bar

 

 

elements, parties can be represented

Council of Croatia is not required for

 

 

before arbitration courts – ad hoc courts

consultancy on home country, foreign

 

 

by lawyers who are members of bar

and international law.

 

 

associations of other countries.

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

b) Accounting, Auditing and

1. None, except that auditing firms not

1. None

 

Bookkeeping services (CPC 862)

established in Croatia should perform

 

 

 

joint final audit with domestic firms

 

 

 

according to the International Standards

 

 

 

on Auditing.

 

 

 

2. None

2. None

 

 

3. None, except that auditing can be

3. None

 

 

performed only by le­gal persons.

 

 

 

Natural persons can become le­gal

 

 

 

persons through re­gistration with a

 

 

 

commercial court

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

c) Taxation Advisory Services

1. None

1. None

 

(CPC 863 excluding

2. None

2. None

 

representation in tribunals)

3. None

3. None

 

 

4. Unbound except as indicated in the

4. Unbound except as indicated in the

 

 

horizontal section

horizontal section

 

d) Architectural Services

1. None*

1. None

 

(CPC 8671)

2. None

2. None

 

 

3. None*

3. None

 

 

4. Unbound except as indicated in the

4. Unbound except as indicated in the

 

 

horizontal section

horizontal section

 

e) Engineering Services

1. None*

1. None

 

(CPC 8672)

2. None

2. None

 

 

3. None*

3. None

 

 

4. Unbound except as indicated in the

4. Unbound except as indicated in the

 

 

horizontal section

horizontal section

 

f) Inte­grated engineering services

1. None

1. None

 

(CPC 8673)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound except as indicated in the

4. Unbound except as indicated in the

 

 

horizontal section

horizontal section

 

g) Urban planning and landscape

 

 

 

architectural services, except

 

 

 

general urban planning services,

 

 

 

which are exclusively provided

 

 

 

by the Governmental institutions,

 

 

 

i.c. the State Office for Urban

 

 

 

Planning and its re­gional and

 

 

 

local offices (CPC 8674)

 

 

 

(i) urban planning

1. Unbound

1. Unbound

 

 

2. None

2. None

 

 

3. None, on condition that the company

3. None

 

 

has at least three employees, one of

 

 

 

whom should be authorized architect or

 

 

 

engineer

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

(ii) landscape architectural

1. None

1. None

 

services

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound except as indicated in the

4. Unbound except as indicated in the

 

 

horizontal section

horizontal section

 

(h) medical and dental services

1. Unbound*, except for telemedicine:

1. Unbound*, except for telemedicine:

 

(CPC 9312)

none

none

 

 

2. None

2. None

 

 

3. None, except that investment in the

3. None, except that Croatian

 

 

existing obligatory public healt network

citizenship is required for individual

 

 

which includes public hospitals, public

private practice

 

 

clinics university clinic hospitals

 

 

 

(teaching hospitals) and first aid medical

 

 

 

care institutions is not allowed

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

i) Veterinary services (CPC 932)

1. None

1. None

 

 

2. None, except that measures (such as

2. None

 

 

vaccination) whichare ordered by law

 

 

 

may not be performed aboard. Only

 

 

 

measures carried out by le­gal and

 

 

 

natural persons re­gistered in Croatia are

 

 

 

valid

 

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

j) services provided by midwives,

1. Unbound*, except for telemedicine:

1. Unbound*, except for telemedicine:

 

nurses, physio-therapists and

none

none

 

paramedical personnel,

2. None

2. None

 

(CPC 93191, excluding

3. None, except that investment in the

3. None

 

ergotherapy, homeopathy,

existing obligatory public health

 

 

acupuncture)

network which includes public

 

 

 

hospitals, public clinics, university

 

 

 

clinic hospitals (teaching hospitals) and

 

 

 

first aid medical care institutions is not

 

 

 

allowed

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

B. Computer and Related services

 

 

 

a) Consulting services related to

1. None

1. None

 

the installation of computer

2. None

2. None

 

hardware (CPC 841)

3. None

3. None

 

b) Software implementation

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

services (CPC 842)

horizontal section

horizontal section

 

c) Data processing services

 

 

 

(CPC 843)

 

 

 

(d) Data base services (CPC 844)

 

 

 

e) Other (CPC 845-849)

 

 

 

 

* Natural and le­gal persons may supply these services after being entered into the Re­gistry of the Croatian Chamber of Architects and Engineers. In order to be entered into the Re­gistry of the Croatian Chamber of Architects and Engineers, foreign service suppliers should be members in professional associations or having a certification of qualification or be authorized by law in their home country. A design or project elaborated abroad must be recognized (validated) by an authorized le­gal person in Croatia with re­gard to its compliance with construction standards under Croatian Law. Any project (elaborated in Croatia or abroad) must be controlled by authorized revisers with re­gard to the effect of mechanical resistance and stability, noise and heath protection and energy savings of the construction. This control, including its costs, is ensured by the investor and not the service suppliers.

* Unbound due to lack of technical feasibility

* Unbound due to lack of technical feasibility

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional

 

 

 

Commitments

C. Research and Development services

 

 

 

a) R&D services on natural

1. None

1. None

 

sciences (CPC 851)

2. None

2. None

 

b) R&D services on social

3. None

3. None

 

sciences and humanities

4. Unhound, except as indicated in the

4. Unbound, except as indicated in the

 

(CPC 852)

hotizontal section

horizontal section

 

c) Interdisciplinary R&D services

 

 

 

(CPC 853)

 

 

 

D. Real Estate Services

1. Commercial presence required

1. None

 

(CPC 821)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

E. Rental/Leasing Services Without Operators

 

 

 

a) Relating to ships (CPC 83103),

1. None

1. None

 

excluding cabotage

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

b) Relating to Aircrafts

1. None

1. None

 

(CPC 83104)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

c) Relating to Other Transport

1. None

1. None

 

Equipment (CPC 83101, 83102,

2. None

2. None

 

83105), excluding cabotage

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional

 

 

 

Commitments

d) Relating to Other Machinery

1. None

1. None

 

and Equipment (CPC 83106,

2. None

2. None

 

83107, 83108, 83109)

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

e) Other (CPC 832), including

1. None

1. None

 

prerecorded video cassettes for

2. None

2. None

 

use in home entertainment

3. None

3. None

 

equipment (CPC 83202)

4. Unbound, except as indicated in the

4. None

 

 

horizontal section

 

 

F. Other Business Services

1. None

1. None

 

a) Advertising services

2. None

2. None

 

(CPC 871)

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

b) Market research and public

1. None

1. None

 

opinion polling services

2. None

2. None

 

(CPC 864)

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

c) Management consulting

1. None

1. None

 

services (CPC 865)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

d) Services related to management

1. None

1. None

 

consulting (CPC 866)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional

 

 

 

Commitments

e) Technical testing and analysis

1. Institutions should be re­gistered in

1. None

 

services (CPC 8676) excluding

the international accreditation system

2. None

 

services related to issuance of

2. None

3. None

 

mandatory certificates and similar

3. None

4. Unbound, except as indicated in the

 

official documents

4. Unbound, except as indicated in the

horizontal section

 

 

horizontal section

 

 

f) Services incidental to

1. None for consultancy

1. None

 

agriculture, hunting, forestry and

2. None

2. None

 

fishing (CPC 881 and 882)

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

i) Services incidental to

1. None

1. None

 

manifacturing (CPC 884, CPC

2. None

2. None

 

885, excluding producing of

3. None

3. None

 

securities, money, coins and

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

stamps)

horizontal section

horizontal section

 

j) Services indicental to energy

1. Commercial presence required

1. None

 

distribution (CPC 887)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional

 

 

 

Commitments

k) Placement and supply Services

1. Unbound

1. Unbound

 

of Personnel (CPC 87203)

2. Unbound

2. Unbound

 

 

3. Unbound, except for placement and

3. Unbound

 

 

supply of Croatian nationals for

 

 

 

employment in Croatia by le­gal

 

 

 

persons mediators and subject to prior

 

 

 

approval by the Ministry of Labor and

 

 

 

Social Welfare for the following

 

 

 

professionals: housemaid, babysitter,

 

 

 

musician, singer, farmer, fruitgrower,

 

 

 

vintner, masseur, nurse, music teacher,

 

 

 

driving instructor, actor, culture and art

 

 

 

performances organizer, physical

 

 

 

therapist, master of

 

 

 

ceremonials-speakers or musician

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section and that persons

horizontal section

 

 

Should have at least two-year post-

 

 

 

secondary school qualification and

 

 

 

personnel

 

 

 

three-year working experience in

 

 

 

Management

 

 

m) Related scientific and technical

1. None, except that services of basic

1. None

 

consulting services (CPC 8675)

geological, geodetic and mining

 

 

 

research as well as related

 

 

 

environmental protection research

 

 

 

services on the territory of Croatia can

 

 

 

be carried out only jointly with/or

 

 

 

through domestic le­gal persons

 

 

 

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

n) Maintenance and repair of

1. Unbound­*

1. Unbound*

 

equipment (not including maritime

2. None

2. None

 

vessels, aircraft or other transport

3. None

3. None

 

equipment))

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

(CPC 633+8861–8866)

horizontal section

horizontal section

 

 

 

 

 

* Unbound due to lack of technical feasibility

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional

 

 

 

Commitments

r) Publishing (part of CPC 88442)

1. None

1. None

 

 

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

s) Convention services

1. None

1. None

 

(CPC 87909, planning, managing

2. None

2. None

 

and marketing services for

3. None

3. None

 

conventions and similar events)

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

t) Other-Translation services

1. None, except for official documents

1. None

 

(CPC 87905)

2. None

2. None

 

 

3. None, except for translation and

3. None

 

 

interpretation services for/before

 

 

 

Croatian courts

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

2. COMMUNICATION SERVICES

 

 

 

 

 

 

Croatia will participate

 

 

 

actively in ongoing and

 

 

 

future rounds of WTO

 

 

 

services negotiations

 

 

 

with a view towards

 

 

 

improving its

 

 

 

commitments on

 

 

 

Communications

 

 

 

Services as defined

 

 

 

under w/120

B. Land Based Courier services

1. None

1. None

 

(CPC 7512)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

Horizontal section

 

C. Telecommunication Services

 

 

 

All subsectors

 

 

See the Reference Paper

This part has been scheduled in

 

 

attached

accordance with the »Notes for

 

 

 

Scheduling Basic Telecom

 

 

 

Services Commitments

 

 

 

(S/GBT/W/2/REV.1)« and

 

 

 

»Market Access Limitations on

 

 

 

Spectrum Availability

 

 

 

(S/GBT/W/3)«

 

 

 

1. Basic Telecommunications Services

 

 

 

fixed telecommunication

For subsectors 1, 2, and 3:

For subsectors 1, 2, and 3:

 

infrastructure facilities – based

Modes 1), 2), 3)

Modes 1), 2), 3)

 

and on resale basis, for public and

During the period of exclusivity (until

During the period of exclusivity (until

 

non public use

1 January 2003), HT – Croatian

1 January 2003), HT – Croatian

 

 

Telecommunications is the sole

Telecommunications is the sole 

 

 

supplier of the fixed network

supplier of the fixed network

 

 

infrastructure

infrastructure

 

 

During this period all international

During this period all international

 

 

traffic must go through the HT.

traffic must go through the HT.

 

 

None, as of 1 January 2003

None, as of 1. January 2003

 

a) Voice telephony

1. and Until 1 January 2003 bypass of

1. None

 

b) Packet-switched data

network of HT not allowed. None as of

2. None

 

 

1 January 2003

 

 

c) Circuit-switched data

3. HT – Croatian Telecommunications

3. None

 

transmission services,

has monopoly on these services. None

 

 

d) Telex services,

as of 1 January 2003.

 

 

e) Telegraph services,

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

f) Facsimile services,

Horizontal section

horizontal section

 

g) Private leased circuit services

 

 

 

2. Enhanced Telecommunications Services

 

 

 

h) Electronic mail

1, 2, 3, Only over network

1. None

 

i) Voice mail

Infrastructure leased from HT. None as

2. None

 

 

of 1 January 2001.

 

 

j) On-line information and data

 

3. None

 

base retrieval,

 

 

 

k) Electronic data interchange

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

l) Enhanced Facsimile Services

 

 

 

(including store and forward,

 

 

 

store and retrieve)

 

 

 

m) Code and Protocol

 

 

 

Conversion,

 

 

 

n) On-line Information and/or

 

 

 

Data Processing (including

 

 

 

transaction processing)

 

 

 

3. Mobile Services

 

 

 

– Analogue/Digital telephone

1. None on condition that foreign legal person

1. None

 

services

establishes a legal entity in Croatia.

 

 

– PCS (Personal Communication

International interconnection of mobile

 

 

Services)

networks with other mobile or fixed

 

 

– Paging services

networks must be made trough the HT

 

 

– mobile data services

until 1 January 2001. None as of

 

 

 

January 2001

 

 

 

2. None, except that international

2. None

 

 

Interconnection of mobile networks

 

 

 

with other mobile or fixed networks

 

 

 

must be made trough the HT until 1

 

 

 

January 2001. None as of 1 January

 

 

 

2001

 

 

 

3. None except that international

3. None

 

 

interconnection of mobile networks

 

 

 

with other mobile or fixed networks

 

 

 

must be made through the HT until 1

 

 

 

January 2001. None as of 1 January

 

 

 

2001

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

Sector or Sub-sector

Limitations on Market Access

Limitations on National Treatment

Additional

 

 

 

Commitments

3. CONSTRUCTION AND RELATED ENGINEERING SERVICES

 

 

 

A. General construction work for

1. Unbound*

1. Unbound*

 

buildings (CPS 512)

2. None

2. None

 

B. General construction work for

3. None

3. None

 

civil engineering (PCP 513)

 

 

 

C. Installation and assembly work

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

(CPC 514, 516)

horizontal section, and that for the site

horizontal section

 

 

manager, recognition of technical and

 

 

 

professional qualification in accordance

 

 

 

with Croatian regulations is requird

 

 

D. Building completion and

 

 

 

finishing work (CPC 517)

 

 

 

E. Special trade construction

 

 

 

work (CPC 515)

 

 

 

F. Other (CPC 511)

 

 

 

4. DISTRIBUTION SERVICES**

 

 

 

A. Commission agents services

1. None

1. None

 

(CPC 621)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

b) Wholesale trade services

1. None

1. None

 

(CPC 622, CPC 61111, 6113,

2. None

2. None

 

6121)

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

C) Retailing services

1. None***

1. None

 

(CPC 61112, 6112, 6113, 6121,

2. None

2. None

 

631, 632, 633) including audio

3. None

3. None

 

and video records and tapes (CPC

4. Unbound, except as indicated in the

4. None

 

63234)

horizontal section

 

 

 

 

 

 

*Unbound due to lack of technical feasibility

**Excluding fire arms, explosive devices and tobacco products

***Cross-border supply of services classified in CPC 6112 and 633 is technically not feasible

 

D. Franchising (CPC 8929)

1. None

1. None

 

 

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

Horizontal section

horizontal section

 

5. EDUCATIONAL SERVICES

 

 

 

B. Secondary education services

1. Unbound

1. Unbound

 

(CPC 922)

2. None

2. None

 

 

3. None for le­gal persons

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

C. Higher education services

1. None

1. None

 

(CPC 923)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

D. Adult education (CPC 924)

1. None

1. None

 

 

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

E. Other education services

1. None for correspondence education

1. None for correspondence education

 

(CPC 929)

or education via telecommunications

or education via telecommunications

 

 

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

6. ENVIRONMENTAL

 

 

 

SERVICES

 

 

 

A. Sewage services (9401)

1. Unbound

1. Unbound*

 

 

2. None

2. None

 

 

3. These services are le­gally considered

3. None

 

 

as municipal activities, provided

 

 

 

primarily by entities owned by local

 

 

 

authorities. Private operators may be

 

 

 

allowed to provide those services on

 

 

 

the basis of a concession granted by

 

 

 

local authorities

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

B. Refuse disposal services

1. Unbound

1. Unbound*

 

(CPC 9402)

2. None

2. None

 

 

3. These services are le­gally considered

3. None

 

 

as municipal activities, provided

 

 

 

primarily by entities owned by local

 

 

 

authorities. Private operators may be

 

 

 

allowed to provide those services on

 

 

 

the basis of a concession granted by

 

 

 

local authorities

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

C. Sanitation and similar services

1. Unbound*

1. Unbound*

 

(CPC 9403)

2. None

2. None

 

 

3. These services are le­gally considered

3. None

 

 

as municipal activities, provided

 

 

 

primarily by entities owned by local

 

 

 

authorities. Private operators may be

 

 

 

allowed to provide those services on

 

 

 

the basis of a concession granted by

 

 

 

local authorities

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

D. Cleaning srvics of exhaust

1. Unbound*

1. Unbound*

 

gases (CPC 9404)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound except as indicated in the

4. Unbound except as indicated in the

 

 

horizontal section

horizontal section

 

E. Noise abatement services

1. Unbound*

1. Unbound*

 

(CPC 9405)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound except as indicated in the

4. Unbound except as indicated in the

 

 

horizontal section

horizontal section

 

F. Nature and Landscape

1. Commercial presence required

1. None

 

Protection Services

2. None

2. None

 

(CPC 9406)

3. None

3. None

 

 

4. Unbound except as indicated in the

4. Unbound except as indicated in the

 

 

horizontal section

horizontal section

 

G. Other (CPC 9409)

1. Commercial presence required

1. None

 

 

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound except as indicated in the

4. Unbound except as indicated in the

 

 

horizontal section

horizontal section

 

7. FINANCIAL SERVICES

 

 

 

1. Measures Applicable to All Sectors and Subsecctors in Financial Services

1. Insurance or banking activities, as well as securities trading and activities related thereto, should be carried out by le­gally separated companies. However, banks are allowed to participate in activities related to securities trading until the end of 1999.

 

 

 

A. Insurance and related services as defined in the »Annex on Financial services«

 

 

 

a) Life insurance

1. Unbound, except for the supply of

1. None

 

 

life insurance to foreign persons

2. None

 

 

residing in Croatia

 

 

 

2. Unbound, except for the ability of

 

 

 

foreign persons residing in Croatia to

 

 

 

obtain life insurance

 

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

b) Non-life insurance, not

1. Unbound, except for the supply of

1. None

 

including marine, aviation,

non-life insurance to foreign persons

 

 

Transport

residing in Croatia other than

 

 

 

Automobile liability

 

 

 

2. Unbound, except for:

2. None

 

 

(i) the ability of foreign persons

 

 

 

residing in Croatia to obtain non-life

 

 

 

insurance other than automobile

 

 

 

liability

 

 

 

(ii)

 

 

 

– personal or poperty risk insurance

 

 

 

that is not available in the Republic of

 

 

 

Croatia

 

 

 

– coompanies purchasing insurance

 

 

 

abroad in connection with investment

 

 

 

works abroad including the equipment

 

 

 

for those works,

 

 

 

– for ensuring the return of foreign

 

 

 

loans (collateral insurance)

 

 

 

 

 

 

* Unbound due to lack of technical feasibility

 

 

– personal and property insurance of

 

 

wholly-owned enterprises and joint

ventures which perform an economic

activity in a foreign country, if it is in

accordance with the re­gulations of that

country or it is required by its

 

 

re­gistration,

– ships under construction and overhaul

if it is stipulated by the contract

concluded with the foreign client

(buyer).

3. None

3. None

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

horizontal section

horizontal section

Marine, aviation, transport

1. None

1. None

2. None

2. None

3. None

3. None

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

horizontal section

horizontal section

c) Reinsurance and retrocession

1. None

1. None

2. None

2. None

3. None

3. None

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

horizontal section

horizontal section

d) Insurance intermediation, such

1. and 2. None for insurance services

1. None

as brokerage and agency

for which commitments are taken under

2. None

subsectors a), b), c) and for marine,

 

 

aviation, transport

3. None

3. None

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

horizontal section

horizontal section

e) Services auxiliary to insurance,

1. None

1. None

such as:

2. None

2. None

 

– consultancy

3. None

3. None

– actuarial

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

– risk assessment

Horizontal section

horizontal section

– claim settlement services

 

 

 

B. Banking and Other Financial Services (excluding insurance) as defined in the »Annex on Financial Services«

a) Acceptance of deposits and

1. Unbound, except for services

1. None

other repayable funds from the

Described in subsectors b), c), d), e),

 

 

public

h), k), and l): None

b) Lending of all types, including

2. None, other than:

1. None

consumer credit, factoring and

– Authorization issued by the Croatian

financing of commercial

National Bank (CNB) is required for

 

 

transactions

Opening of an account abroad by

c) Financial leasing

Croatian non/bank residents. The

d) All payment and money

relevant authorization is issued in the

transmission services, including

following cases:

 

 

credit, charge and debit cards,

a) for the payment of a part of costs of

travellers cheques and bankers

capital investment projects abroad;

drafts

b) for the payments settlement in

e) Guarantees and commitments

non-transferable currency arising from

 

 

f) Trading for own account or for

business abroad;

Account of customers, whether

c) for placement of deposits, i.e.

 

 

On an exchange, in an

depositing of caution money for

 

 

Over-the-counter market or

conducting business operations in

 

 

Otherwise the following:

timely manner and in accordance with

 

 

– Money market instruments

the terms and condition of an

(including cheques, bills,

agreement; and

Certificate of deposits)

d) for payment of operating costs of

 

 

– derivative products including,

representative offices and business

But not limited to, futures and

entities abroad, costs arising from

 

 

Options

supplying services of international

 

 

– exchange rate and interest rates

transport of goods and persons, and

 

 

Instruments, including products

costs related to domestic le­gal persons

 

 

Such as swaps, forward rate

providing personal and property

 

 

Agreements

insurance

 

 

– foreign exchange

License is required by the CNB and the

– Transferable securities

Ministry of Economy for export and

– Other ne­gotiable instruments

import of bullion.

And financial assets, including

Resident natural persons can make

 

 

Bullion

foreign exchange capital transfers

 

 

abroad from their foreign exchange

accounts only with an authorization by

the Croatian National Bank. The

authorization is issued in the following

cases:

 

 

g) Participation in issues of all

a) permanent and temporary emigration

 

 

Kinds of securities, including

from the Republic of Croatia;

 

 

Underwriting and placement as

b) indirect costs of education abroad;

 

 

agent and provision of services

And

 

 

related to such issue

c) indirect costs of medical treatment

h) Money broking

Abroad

 

 

i) Asset management, such as

Capital payments abroad are generally

cash or portfolio management, all

Restricted, except in the following

 

 

forms of collective investment

cases:

management, custodial,

a) foreign direct investment

depository and trust services,

b) ongoing financial credits and

including pension funds

Guarantees (in cases when Croatian

 

 

management

le­gal (non-bank) persons extend credit

j) Settlement and clearing services

to non-resident entities abroad in which

for financial assets, including

they have majority voting rights; and

securities, derivatives products,

issue guarantees to non-residents aimed

 

 

and other ne­gotiable instruments

at performing activities which they are

 

 

re­gistered for)

c) operation in financial derivatives

(for the hedging of investment funds

asset)

d) purchase of foreign securities abroad

by the investment funds

k) Provision and transfer of

3. None, except for settlement and

3. None

financial information and

clearing services where the Central

financial data processing and

Depositary Agency (CDA) is the sole

 

 

related software by supliers of

supplier in Croatia. Access to the

other financial services

services of the CDA will be granted to

l) Advisory, intermediation and

non-residents on a non-discriminatory

 

 

other auxiliary financial services

basis.

on all the activities listed in

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

subparagraphs (a) through (k),

horizontal section

horizontal section

 

including credit reference and

analysis, investment and porfolio

research and advice, advice on

acquisitions and on corporate

restructuring and strate­gy

8. HEALTH RELATED AND SOCIAL SERVICES

 

 

 

Hospital and other health and

1. Unbound*, except for telemedicine:

1. Unbound*, except for telemedicine:

social care facilities services –

none

none

direct ownership, management

2.None

2. None

 

and  operation by contract of such

3. None, except that investment in the

3. None

 

Facilities on a »for fee« basis

existing obligatory public health and

 

 

(CPC 93, excluding CPC 9312,

social care network which includes

93191, 932)

public hospitals, public clinics,

 

 

university clinic hospitals (teaching

hospitals), first aid medical care

institutions and other public health and

social care facilities is not allowed.

Establishment of some social care

 

 

Facilities may be subject to needs based

 

 

limits in particular geographical areas.

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

horizontal section

horizontal section

9. TOURISM AND TRAVEL RELATED SERVICES

 

 

 

A. Hotels, restaurants (including

1. Unbound*

1. Unbound*

catering)

2. None

2. None

(CPC 641, 642, 643)

3. None**

3. None

(excluding catering in transport

4. Unbound, except as indicated in the

4. Unbound except as indicated in the

 

services sector)

horizontal section

horizontal section

B. Travel agencies and tour

1. None

1. None

operators services (CPC 7471)

2. None

2. None

3. None

3. None

4. Unbound, except as indicated in the

4. Unbound, except at indicated in the

 

horizontal section

horizontal section

C. Tourist guides services (CPC

1. None

1. None

7472)

2. None

2. None

3. None

3. None

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

horizontal section

horizontal section

* Unbound due to lack of technical feasibility

** Location in the protected areas of particular historic and artistic interest and within national or landscape parks is subject to approval by the Government of the Republic of Croatia which can be denied

D. Other

1. None

1. None

 

 

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

10. RECREATIONAL, CULTURAL AND SPORTING SERVICES

 

 

 

A. Other Entertainment Services,

1. Unbound

1. Unbound

The value-added tax (VAT)

Cinema Theatre Operation

2. None

2. Unbound

on cinema tickets will be

Services (CPC 96199**)

3. None

3. None, except unbound for access to

reduced to 0% by September

 

 

subsidies

2000.

 

4. Unbound, except as indicated in the

4. None

The 5% local tax on cinema

 

horizontal section

 

tickets will be eliminated by

 

 

 

September 2000.

B. News Agency Services

1. None

1. None

 

(CPC 962)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

C. Sporting and Other

1. Unbound*

1. Unbound*

 

Recreational Activities, exluding

2. None

2. None

 

gambling and betting services

3. None

3. None

 

(CPC 9641, 96491)

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

11. TRANSPORT SERVICES

 

 

 

1. Maritime Transport Services

 

 

 

a) Passenger transportation

1. None, except for cabotage

1. None, except for sabotage

 

(CPC 7211)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the 

 

 

horizontal section

horizontal section

 

b) Freight transportation

1. None, except for cabotage

1. None, except for cabotage

 

(CPC 7212)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

c) Rental of vessels with crew

1. None, except for cabotage

1. None, except for cabotage

 

(CPC 7213)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

d) Maintenance and Repair of

1. Unbound*

1. Unbound*

 

Vessels (CPC 8868)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

e) Towing and pushing services

1. Unbound

1. Unbound

 

(CPC 7214)

2. None

2. None

 

 

3. None on condition that a foreign

3. None

 

 

le­gal person establishes a company in

 

 

 

Croatia which should be granted a

 

 

 

concession by the port authority

 

 

 

following a public tendering procedure.

 

 

 

The number of service suppliers may

 

 

 

be limited reflecting limitations in port

 

 

 

capacity.

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

f) Supporting services for

1. Unbound*

1. Unbound*

 

maritime transport (CPC 745)

2. None

2. None

 

 

3. None, except for navigation aid

3. None

 

 

services and pilotage and on the

 

 

 

condition that foreign le­gal person

 

 

 

establishes a company in Croatia which

 

 

 

should be granted a concession by the

 

 

 

port authority following a public

 

 

 

tendering procedure.

 

 

 

The number of service suppliers may

 

 

 

be limited reflecting limitations in port

 

 

 

capacity.

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

C. Air Transport Services

 

 

 

d) maintenance and repair of

1. Unbound*

1. Unbound*

 

aircrafts (CPC 8868)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

e) supporting services for air

1. None

1. None

 

transports

2. None

2. None

 

– Sales and marketing

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

f) Rental services of aircraft with

1. Unbound

1. Unbound

 

operator (CPC 7340)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

Computer Reservation System

1. None

1. None

 

(CRC)*

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

E Rail Transport service

 

 

 

d) Maintenance and Repair of

1. Unbound**

1. Unbound*

 

Rail Transport Equipment

2. None

2. None

 

(CPC 8868)

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

e) Supporting services for railway

1. Unbound**

1. Unbound

 

transport (CPC 7430)

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

F. Road Transport services

 

 

 

a) and b) Passenger and freight

1. Unbound

1. Unbound

 

transportation

2. None

2. None

 

(CPC 7121 + 7122)

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

* Unbound due to lack of technical feasibility 

* Unbound due to lack of technical feasibility

* Unbound due to lack of technical feasibility

* Further Croatian re­gulation will be based on the recommendations of ECAC (European Civil Aviation Conference) concerning Code of Conduct on CRS (identical European Commissionžs re­gulation)

** Unbound due to lack of technical feasibility

c) maintenance and repair of road

1. Unbound*

1. Unbound*

 

transport equipment (CPC 8867

2. None

2. None

 

and 6112)

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

d) supporting services for road

1. None, except for cabotage and

1. None, except for cabotage and

 

transport (CPC 744)

subject to permit

subject to permit

 

 

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except  as indicated in the

 

 

horizontal section

horizontal section

 

G. Pipeline transport services (CPC 713)

 

 

 

 

1. None

1. None

 

 

2. None

2. None

 

 

3. None

3. None

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

H. Services auxiliary to all modes of Transport

 

 

 

a) Cargo handling services

1. Unbound*

1. Unbound*

 

(CPC 741)

2. None

2. None

 

 

3. None, except for maritime services

3. none

 

 

where a foreign legal person in required

 

 

 

to establish a company in Croatia

 

 

 

which should be granted a concession

 

 

 

by the port authority, following a public

 

 

 

tendering procedure. The number of

 

 

 

service suppliers may be limited

 

 

 

reflecting limitations in port capacity.

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

b) Storage and warehousing

1. Unbound*

1. Unbound*

 

services (CPC 742)

2. None

2. None

 

 

3. None, except for maritime services

3. None

 

 

where a foreign legal person in required

 

 

 

to establish a company in Croatia

 

 

 

which should be granted a concession

 

 

 

by the port authority, following a public

 

 

 

tendering procedure. The number of

 

 

 

service suppliers may be limited

 

 

 

reflecting limitations in port capacity.

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

c) Freight transport agency

1. None

1. None

 

services (CPC 748)

2. None

2. None

 

 

3. None, except for maritime services

3. None

 

 

where a foreign legal person in required

 

 

 

to establish a company in Croatia

 

 

 

which should be granted a concession

 

 

 

by the port authority, following a public

 

 

 

tendering procedure. The number of

 

 

 

service suppliers may be limited

 

 

 

reflecting limitations in port capacity.

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

d) Other supporting and auxiliary

1. Unbound*, except for transportation

1. Unbound*, except for transportation

 

transport services (CPC 749)

document preparation services

document preparation services

 

 

2. None

2. None

 

 

3. None, except for maritime services

3. None

 

 

where a foreign legal person in required

 

 

 

to establish a company in Croatia

 

 

 

which should be granted a concession

 

 

 

by the port authority, following a public

 

 

 

tendering procedure. The number of

 

 

 

service suppliers may be limited

 

 

 

reflecting limitations in port capacity.

 

 

 

4. Unbound, except as indicated in the

4. Unbound, except as indicated in the

 

 

horizontal section

horizontal section

 

REFERENCE PAPER

Scope

The following are definitions and principles on the regulatory framework for the basic telecommunications services.

Definitions

Users mean service consumers and service suppliers.

Essential facilities mean facilities of a public telecommunications transport network or service that

a) are exclusively or predominantly provided by a single or limited number of suppliers;

and

b) cannot feasibly be economically or technically substituted in order to provide a service.

A major supplier – is a supplier, which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:

a) control over essential facilities; or

b) use of its position in the market.

1. Competitive safeguards

1.1. Prevention of anti-competitive practices in telecommunications

Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices.

1.2 Safeguards

The anti-competitive practices referred to above shall include in particular:

a) engaging in anti-competitive cross-subsidization;

b) using information obtained from competitors with anti-competitive results; and

c) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

2. Interconnection

2.1 This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific ommitments are undertaken.

2.2. Interconnection to be ensured

Interconnection with a major supplier will be ensured at any technically feasible point in the network. Such interconnection is provided.

a) under not-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favorable than that provided for its own like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbounded so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and

c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

 2.3. Public availability of the procedures for interconnection negotiations

The procedures applicable for interconnection to a major supplier will be made publicly available.

 2.4. Transparency of interconnection arrangements

It is ensured that a major supplier will make publicly available either its interconnection agreements or a reference interconnection offer.

 2.5. Interconnection: dispute settlement

A service supplier requesting interconnection with a major supplier will have recourse, either:

a) at any time; or

b) after a reasonable period of time which has been made publicly known to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.

 3. Universal services

Any Member has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti-competitive per se, provided they are administered in transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Member.

 4. Public availability of licensing criteria

Where a license is required, the following will be made publicly available:

a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a license and

b) the terms and conditions of individual licenses.

The reasons for the denial of a license will be made known to the applicant upon request.

 5. Independent regulators

The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.

 6. Allocation and use of scarce resources

Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identifcation of frequencies allocated for specific government uses is not required.

   *This MFN exemption does not apply to the companies established and incorporated in Croatia as legal persons.

FOR THE REPUBLIC OF CROATIA:            POUR LA RÉPUBLIQUE DE CROATIE:            POR LA REPÚBLICA DE CROACIA:

Goranko Fižulić

I hereby certify that the foregoing text is a true copy of the Protocol of Accession of Croatia to the Marrakesh Agreement Establishing the World Trade Organization, done at Geneva on 17 July 2000.

Mike Moore

Director-General

Članak 3.

Za provedbu ovoga Zakona nadležno je Ministarstvo gospodarstva.

Članak 4.

Ovaj Zakon stupa na snagu osmoga dana od dana objave u "Narodnim novinama", a primjenjuje se 30-og dana od dana donošenja u Hrvatskom državnom saboru.

Klasa: 910-04/00-01/04

Zagreb, 5. listopada 2000.

ZASTUPNIČKI DOM

HRVATSKOGA DRŽAVNOG SABORA

Predsjednik

Zastupničkog doma

Hrvatskoga državnog sabora

Zlatko Tomčić, v. r.