APPENDIX 1 TO ANNEX VII UKRAINE SCHEDULE OF SPECIFIC COMMITMENTS REFERRED TO IN ARTICLE 3.17

Transcription

1 APPENDIX 1 TO ANNEX VII UKRAINE SCHEDULE OF SPECIFIC COMMITMENTS REFERRED TO IN ARTICLE The level of commitments in a particular services sector shall not supersede the level of commitments undertaken with respect to any other services sector to which such service is an input or to which it is otherwise related. - CPC numbers indicated in parenthesis are references to the UN Provisional Central Product Classification (Statistical Papers, Series M, n 77, Provisional Central Product Classification, Department of International Economics and Social Affairs, Statistical Office of the United Nations, New York, 1991). - Unless otherwise provided for, requirements of residency, domicile, commercial presence, etc. in a commitment relate to the territory of Ukraine. - Note to the Schedule forms an integral part thereof. PART I. HORIZONTAL COMMITMENTS This Part sets out those commitments that apply to trade in services in all scheduled services sectors unless otherwise specified. Those commitments that apply to trade in specific services sectors are listed in Part II.

2 - 2 - ALL SECTORS INCLUDED IN THIS SECTION Land ownership (3), (4) Foreign citizens and persons without citizenship have no right to acquisition into property of agricultural lands. Foreign citizens and persons without citizenship do not have a right to acquire free of charge the land plots, which belong to the State and Municipal property, or to privatize the land plots, previously given to them into use. Foreign legal persons may acquire the property rights only for land plots of non-agricultural destination on the territory of populated localities in case of acquisition of the real estate objects related with business activity carried out in Ukraine, and outside the inhabited localities - in case of acquisition of real estate objects. There are no restrictions on the rent of land by foreigners and foreign legal entities.

3 - 3 - Subsidies and other forms of state support (1), (2), (3), (4) Unbound, referring to the subsidies and other forms of state support, including the access to financial and other material resources of the State. Access to subsidies and other forms of state support, including access to the financial and other material resources of the State, must be limited only to the citizens of Ukraine and/or juridical persons of Ukraine. Eligibility for subsidies and other forms of state support, including access to the financial and other material resources of the State, may be limited to the particular region, categories of persons suffering from their unfavourable social and economic position, small business enterprises, entities of social importance, public utilities. Movement of natural persons (4) The entry and temporary stay in Ukraine of a foreign service supplier requires a permit for temporary stay or a work permit. For foreign individuals (paragraphs I and IIb) a work permit is issued for a period of 3 years. This period may be extended for 2 years. To this end an employer should apply in accordance with prescribed procedure to the relevant employment centre not later than a month before the date of expiry of the previous work permit. The entry and temporary stay for the categories of foreign individuals specified in paragraphs IIa, IIc and IId is limited to a 180 days period within one calendar year. Unbound, except as indicated below concerning the temporary entry and stay of natural persons:

4 - 4 - I. Intra-Corporate Transferees (executives, managers and specialists) ( Intra-corporate transferee shall mean a person employed by a legal entity other than a non profit organization established in the territory of WTO Member, and who seeks temporary stay in order to supply services in Ukraine through the commercial presence of his employer) A natural person, employed by a legal entity or who had participation in it (but did not hold the controlling interest) for a period of not less than 1 year, who seeks temporary stay in order to render service to that legal entity's branch, affiliate or subsidiary engaged in similar business operations in the territory of Ukraine. (a) Executives: Individuals in the organization who mainly carry out direct management of the legal entity or set objectives and determine policies of the legal entity or the main component or functions of the legal entity, who have broad decision-making authority and are subject only to general supervision or guidance on the part of senior executives, the board of directors or the shareholders of the legal entity.

5 - 5 - (b) Managers: Individuals in the organization who manage the legal entity or department or division of the legal entity, carry out control over work of other supervisory, professional or administrative personnel, have powers to hire and dismiss personnel or recommend the hire, dismissal or other personnel actions as well as carry out their personal authority in respect of day-to-day activities of the organization. (c) Specialists: Individuals in the organization who possess knowledge at an advanced level of expertise and a proprietary knowledge of the entity's products, services, operations, or management techniques. This knowledge should reflect the required academic credentials and professional qualifications for performing work within the scope of the particular profession. II. Other essential persons (a) Services sellers: A natural person, who temporarily stays in Ukraine and who comes to Ukraine for the purposes of participating in business meetings including negotiations in business contracts for the sale of services, and/or other similar activities. Such a service seller shall not engage in direct sales or supply of services to the general public.

6 - 6 - (b) Persons who provide services without establishing commercial presence in Ukraine (direct provision of services): A natural person, who temporarily stays in Ukraine and who comes to Ukraine in accordance with a contract for direct provision of services and satisfies the requirements of professional qualifications, indicated in paragraph I c). (c) Persons responsible for the establishment of commercial presence in Ukraine. A natural person employed by a service supplier or responsible for the establishment of commercial presence in the following cases: - representatives of a service supplier are not engaged in direct supplies or sales of services; or - representatives of a service supplier are employed by an enterprise that does not have an affiliate or subsidiary in Ukraine. (d) Installers and maintainers (IM): Qualified specialists supplying installation or maintenance services for machinery or industrial equipment. The supply of that service has to occur on a fee or contractual basis (installation/maintenance contract) between the builder of the machinery or equipment and the owner of that machinery or equipment, both of them being enterprises (excluding any supply of services in connection with enterprises mentioned by CPC 872).

7 - 7 - PART II. SECTOR-SPECIFIC COMMITMENTS 1. BUSINESS SERVICES A. Professional Services (a) Legal services - Legal advisory and representation services concerning criminal law (CPC 86111) - Legal advisory and representation services in judicial procedure concerning fields of law, other than criminal law (CPC 86119) - Legal advisory and representation services in statutory procedures (CPC 8612) - Legal documentation and certification services (CPC 8613)

8 Other legal advisory and information services, other than notary services (CPC 8619) - Consultancy on home country law and international law and third country law (part of CPC 861) - Notary services (1) Only citizens of Ukraine are permitted to supply notary services. (3) Only citizens of Ukraine are permitted to supply notary services. (4) Only citizens of Ukraine are permitted to supply notary services. (b) Accounting, auditing and bookkeeping services - Accounting and bookkeeping (CPC 862 except CPC 86211) - Auditing services (CPC 86211) (1) None, except official audit reports must be confirmed by an auditor or auditing firm of Ukraine.

9 - 9 - (c) Taxation services (CPC 863) (d) Architectural services (CPC 8671) (e) Engineering services (CPC 8672) (f) Integrated engineering services (CPC 8673) (g) Urban planning and landscape architecture services (CPC 8674) (h) Medical and dental services (CPC 9312) (3) None, except professional qualification requirements according to Ukrainian legislation. (3) None, except foreign service suppliers must speak Ukrainian.

10 (i) Veterinary services (CPC 932) (j) Private services provided by midwives, nurses, physiotherapists and paramedical personnel (part of CPC 93191) (1) Unbound. (3) None, except professional qualification requirements according to Ukrainian legislation. (1) Unbound. (3) None, except foreigner service suppliers must speak Ukrainian. B. Computer and Related Services (a) Consultancy services related to the installation of computer hardware (CPC 841) (b) Software implementation services (CPC 842) (c) Data processing services (CPC 843)

11 (d) Data base services (CPC 844) (f) Other - Maintenance and repair services of office machinery and equipment including computers (CPC 845) - Data preparation services (CPC 849) C. Research and Development Services (a) R&D services on natural sciences (CPC 851) (b) R&D services on social sciences and humanities (CPC 852)

12 (c) Interdisciplinary R&D services (CPC 853) D. Real Estate Services - Real estate services (CPC ) E. Rental/Leasing Services without Operators -Rental or leasing (other than financial) services (CPC ) F. Other Business Services (a) Advertising services (CPC 871) (b) Market research and public opinion polling services (CPC 864)

13 (c) Management consulting services (CPC 865) (d) Services related to management consulting (CPC 866) (e) Technical testing and analysis services, including ships survey services (CPC 8676) (f) Services incidental to agriculture, hunting and forestry (except fire fighting, timber evaluation, forest management including forest damage assessment services) (part of CPC 881) - Consultancy services on fire fighting, timber evaluation, forest management including forest damage assessment services (part of CPC 881)

14 (g) Services incidental to fishing (CPC 882) (h) Services incidental to mining (CPC ) (i) Services incidental to manufacturing (part of CPC part of CPC 885) (j) Services incidental to energy distribution (CPC 887) (k) Placement and supply services of personnel (CPC 872) (m) Related scientific and technical consulting services (CPC 8675)

15 (n) Maintenance and repair of equipment (not including maritime vessels, aircraft or other transportation equipment) (CPC ) (o) Building-cleaning services (CPC 874) (p) Photographic services (except for aerial photography) (CPC 875) (q) Packaging services (CPC 876) (1) Unbound* (1) Unbound* (r) Printing, publishing (CPC 88442) * Unbound due to lack of technical feasibility

16 (s) Convention services (part of CPC 87909) (t) Other - Translation and interpretation services (CPC 87905) - Specialty design services (CPC 87907)

17 COMMUNICATION SERVICES A./B. Postal and Courier Services (including express delivery services) 1 Services relating to the handling 2 of items in accordance with the following list of sub-sectors, whether for domestic or foreign destinations. For the purpose of the following commitments, written communication excludes simple letters weighing less than 50 grams and postcards. (і) Handling of addressed written communication on any kind of physical medium 3, including: - Hybrid mail service - Direct mail (іі) Handling of addressed parcels and packages 4 (ііі) Handling of addressed press products 5 (iv) Handling of items referred to in (і) to (ііі) above as registered or insured mail (1), (2), (3) Licensing systems may be established for sub-sectors (і) to (iv), for which a general Universal Service Obligations exists. These licenses may be subject to particular universal service obligations and/or financial contribution to a compensation fund. None for sub-sectors (v) to (viii). (4) Unbound except as indicated in the horizontal (1), (2), (4) Unbound except as indicated in the horizontal The commitment on postal and courier services and express delivery services applies to commercial operators of all forms of ownership, both private and state. Handling should be taken to include clearance, sorting, transport and delivery. E.g. letter, postcards. Books and catalogues are included in this subsector. Magazines, newspapers and periodicals.

18 (v) Express delivery services 6 for items referred to in (і) to (ііі) above (vі) Handling of non-addressed items (vіі) Document exchange 7 (viіі)other services not elsewhere specified C. Telecommunications Services Commitments undertaken by Ukraine are based on the principles of compilation of schedules covered by the following documents: Notes for Scheduling Basic Telecom Services Commitments (S/GBT/W/2/Rev.1) and Market Access Limitations on Spectrum Availability (S/GBT/W/3) Basic Telecommunications Services (a) Voice telephone services (CPC 7521) (b) Packet-switched data transmission services (part of CPC 7523) 6 7 Express delivery services are defined as the collection, transport, and delivery of documents, printed matter, parcels, goods or other items on an expedited basis, while tracking and maintaining control of these items throughout the supply of the service. 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 (c) Circuit-switched data transmission services (part of CPC 7523) (d) Telex services (part of CPC 7523) (e) Telegraph services (CPC 7522) (f) Facsimile services (part of CPC ) (g) Private leased circuit services (part of CPC )

20 (o) Other - Mobile voice and data services (CPC 75213) - Paging services (CPC 75291) - Teleconferencing services (CPC 75292) - Integrated telecommunication services, excluding broadcasting 8 (CPC 7526) Value-added Telecommunications Services (h) Electronic mail (part of CPC 7523) (i) Voice mail (part of CPC 7523) 8 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.

21 (j) On-line information and database retrieval (part of CPC 7523) (k) Electronic data interchange (EDI) (part of CPC 7523) (l) Enhanced/value-added facsimile services, including store and forward, store and retrieve (part of CPC 7523) (m) Code and protocol conversion (n) On-line information services and/or data processing (including transaction processing) (part of CPC 843)

22 CONSTRUCTION AND RELATED ENGINEERING SERVICES A. General Construction Work for Buildings (CPC 512) B. Construction Work for Civil Engineering (CPC 513) C. Installation and Assembly Work (CPC ) D. Building Completion and Finishing Work (CPC 517) E. Other - Pre-erection work at construction sites (CPC 511) - Special construction work (CPC 515)

23 Renting services related to equipment for construction or demolition of buildings or civil engineering works, with operator (CPC 518) 4. DISTRIBUTION SERVICES A. Commission Agents' Services (CPC 621) B. Wholesale Trade Services (CPC 622 except CPC 62262) - Wholesale trade services of books, newspapers, magazines (except stationary) (CPC 62262) C. Retailing Services (CPC ) (3) None, except foreign participation is limited to 30% until 17 May Thereafter, none.

24 D. Franchising (CPC 8929) 5. EDUCATIONAL SERVICES A. Primary Education Services (CPC 921) B. Secondary Education Services (CPC 922) C. Higher Education Services (CPC 923) (3) None, except in line with Ukrainian legislation, only a citizen of Ukraine may be the head of an educational institution, notwithstanding the type of ownership. (3) None, except in line with Ukrainian legislation, only a citizen of Ukraine may be the head of an educational institution, notwithstanding the type of ownership. (3) None, except in line with Ukrainian legislation, only a citizen of Ukraine may be the head of a higher education institution of all accreditation levels, notwithstanding the type of ownership.

25 D. Adult Education Services (CPC 924) E. Other Education Services (CPC 929) 6. ENVIRONMENTAL SERVICES A. Sewage Services (CPC 9401) B. Refuse Disposal Services (CPC 9402) C. Sanitation and Similar Services (CPC 9403)

26 D. Other - Cleaning services of exhaust gases (CPC 9404) - Noise abatement services (CPC 9405) - Nature and landscape protection services (CPC 9406) - Other environmental protection services (CPC 9409)

27 FINANCIAL SERVICES Insurance Services and Insurance-related Services Foreign insurance companies may provide insurance services via branches as of 17 May (i) Direct insurance (including co-insurance): (aa) Life insurance services (bb) Non-life insurance services (including marine and aviation insurance) (ii) Reinsurance and retrocession (iv) Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services (1) Unbound, except none for: - insurance of risks relating to maritime shipping and 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; - reinsurance; - services auxiliary to insurance; and as of 17 May 2013 none for: - insurance of risks relating to onshore and offshore exploration, production, refinement and transportation of energy products (electricity, gas and oil), including insurance relating to installations and equipment, infrastructure, the energy products in question and any liability arising therefrom, provided such insurance is sold through an insurance broker. (4) Unbound except as indicated in the horizontal (1) Unbound, except as indicated in the market access column.

28 (iii) Insurance intermediation, such as brokerage and agency (1) None as of 17 May Until 17 May 2013 unbound, except none for: - insurance of risks relating to maritime shipping and 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; - reinsurance. (4) Unbound except as indicated in the horizontal Banking and Other Financial Services (excluding insurance) (1) Unbound, except as indicated in the market access column. (v) Acceptance of deposits and other repayable funds from the public (vi) Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions (vii) Financial leasing

29 (viii) All payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts (ix) Guarantees and commitments (x) Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following: (aa) money market instruments (including cheques, bills, certificates of deposits) (bb) foreign exchange (cc) derivative products, including, but not limited to, futures and options (4) Unbound, except as indicated in horizontal (4) Unbound, except as indicated in horizontal (1) Unbound. (4) Unbound, except as indicated in horizontal (4) Unbound, except as indicated in horizontal (4) Unbound, except as indicated in horizontal (4) Unbound, except as indicated in horizontal

30 (dd) exchange rate and interest rate instruments, including products such as swaps, forward rate agreements (1) Unbound. (4) Unbound, except as indicated in horizontal (ee) transferable securities (ff) other negotiable instruments, including bullion (xi) Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues (xii) Money broking (4) Unbound, except as indicated in horizontal (4) Unbound, except as indicated in horizontal (3) Only legal persons engaged exclusively in issuance of securities, and banks.

31 (xiii) Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial depository and trust services (xiv) Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments (xv) Provision and transfer of financial information, financial data processing and related software by suppliers of other financial services (xvi) Advisory, intermediation and other auxiliary financial services on all the activities, listed in paragraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy

32 HEALTH RELATED AND SOCIAL SERVICES A. Hospital Services (CPC 9311) B. Other Human Health Services (CPC 9319 except 93191) C. Social Services (part of CPC 933) (1) Unbound. (3) None, except for the following: professional qualification requirements according to Ukrainian legislation. (1) Unbound. (3) None, except for the following: professional qualification requirements according to Ukrainian legislation. (1) Unbound. Foreigners must speak Ukrainian. (1) Unbound. Foreigners must speak Ukrainian. 9. TOURISM AND TRAVEL RELATED SERVICES A. Hotels and Restaurants (including catering) (CPC )

33 B. Travel Agencies and Tour Operators Services (CPC 7471) C. Tourist Guides Services (CPC 7472) 10. RECREATIONAL, CULTURAL AND SPORTING SERVICES A. Entertainment Services (including theatre, live bands and circus services) (excluding cinema theatre operation services and dance instructor services other than dance sport) (CPC 9619) - Cinema theatre operation services (part of CPC 96199) - Dance instructor services, except dance sport (part of CPC 96195) (1) Unbound. (1) Unbound. (1) Unbound. (1) Unbound. (2) Unbound. (3) None, except for access to subsidies: unbound. (1) Unbound.

34 B. News Agency Services (CPC 962) (3) Foreign investment is limited to 35%. C. Libraries, Archives, Museums and Other Cultural Services (CPC 963) D. Sporting Services and Other Recreational Services (excluding gambling and betting services) (CPC ) (1) Unbound. (1) Unbound. (2) Unbound. (3) Unbound.

35 TRANSPORT SERVICES A. Maritime Transport Services International Transport (freight and passengers) (CPC less cabotage transport) (1) (a) Liner Shipping: none. (b) Bulk, tramp, and other international shipping, including passenger transportation; none. (3) (a) Establishment of registered company for the purpose of operating a fleet under the national flag of the State of establishment: none. (b) Other forms of commercial presence for the supply of international maritime transport services: none. (4) (a) Ships' crews: unbound. (b) Key personnel employed in relation to a commercial presence as defined under mode 3b) above: Unbound, except as indicated in the horizontal section (1) (a) None. (b) None. (3) (a) None. (b) None. (4) (a) Unbound, except as indicated in the horizontal (b) Unbound, except as indicated in the horizontal The following services at the port are made available to international maritime transport suppliers on reasonable and non discriminatory terms and conditions 1. Pilotage 2. Towing and tug assistance 3. Provisioning, fuelling and watering 4. Garbage collecting and ballast waste disposal 5. Port Captain's services 6. Navigation aids 7. Shore-based operational services essential to ship operations, including communications, water and electrical supplies

36 Domestic Freight Transportation (part of CPC 7212, limited to the following services: - transport feeder services related to international cargo - transport of empty containers for international trade - maritime transport servicing offshore petroleum exploration and production 8. Emergency repair facilities 9. Anchorage, berth and berthing services 10. Container handling, storage and warehousing, freight transport. - Maritime towing and pushing services, including anchor handling, servicing petroleum exploration and production (CPC 7214) - Maritime cargo-handling Services (CPC 741) - Storage and warehousing Services (CPC 742) - Customs clearance services for maritime transport services - Container station and depot services - Maritime agency services - Maritime freight forwarding services (1) Unbound. 9 (1) Unbound. 9 Public utility concession or licensing procedures may apply in case of occupation of the public domain.

37 B. Internal Waterways Transport (a) Passenger transportation and freight transportation (excluding cabotage) (CPC ) (b) Rental services of vessels with crew (CPC 7213) (d) Maintenance and repair of vessels (part of CPC 8868) (e) Pushing and towing services (CPC 7224) (1) Unbound.* (3) Unbound. (1) Unbound.* (f) Supporting services for internal water transport (CPC 745)

38 C. Air Transport Services (a) Aircraft repair and maintenance services (part of CPC 8868) (b) Sales and marketing of air transport services (c) Computer Reservation System (CRS) (1) Unbound. (3) Unbound. (1) Unbound. (3) Unbound. E. Rail Transport Services (a), (b) Passenger and freight transportation (CPC ) (d) Maintenance and repair of railway transportation equipment, only off-line (part of CPC 8868) (1) Unbound. (3) Unbound.

39 (e) Supporting services for railway transportation services (CPC 743) F. Road Transport Services (a) Passenger transportation (CPC ) (1) Unbound. (3) None on condition of the registration as a legal entity. (b) Freight transportation (CPC 7123) (1) Unbound. (3) None on condition of the registration as a legal entity. (c) Rental of commercial vehicles with operator (CPC 7124) (d) Maintenance and repair of road transport equipment (CPC )

40 (e) Supporting services for road transport services (CPC 744) G. Pipeline Transport (a) Transportation of fuels (CPC 7131) (b) Transportation of other goods (CPC 7139) Ukraine commits itself to provide full transparency in the formulation, adoption and application of measures affecting access to and trade in services of pipeline transportation. Ukraine undertakes to ensure adherence to the principles of nondiscriminatory treatment in access to and use of pipeline networks under its jurisdiction, within the technical capacities of these networks, with regard to the origin, destination or ownership of product transported, without imposing any unjustified delays, restrictions or charges, as well as without discriminatory pricing based on the differences in origin, destination or ownership.

41 H. Services Auxiliary to All Modes of Transport (a) Cargo handling services (CPC 741) (1) Unbound* (1) Unbound* (b) Storage and warehouse services (CPC 742) (1) Unbound* (1) Unbound* (c) Freight transport agency services (CPC 748) (d) Other (CPC 749) (1) Unbound* (1) Unbound* 12. OTHER SERVICES NOT INCLUDED ELSEWHERE - Beauty and physical wellbeing services - Massage services excluding therapeutic massage (part of CPC Ver. 1.0: 97230) 10 (1) Unbound* (1) Unbound* 10 This subclass does not include medical treatment services, cf. 931.

42 Spa services (part of CPC Ver. 1.0: 97230) 11, including spa management services (1) Unbound* (1) Unbound* - Hairdressing and other beauty services (CPC 9702) (1) Unbound* (1) Unbound* 11 This subclass does not include medical treatment services, cf. 931.

43 NOTE TO THE SCHEDULE Where road, rail, inland waterways and related auxiliary services are not otherwise fully covered in this schedule, a multimodal transport operator shall have the ability to rent or lease trucks, railway carriages or barges, and related equipment, for the purpose of inland forwarding of cargoes, or have access to, and use of, these forms of multimodal activities on reasonable and non-discriminatory terms and conditions for the purpose of carrying out multimodal transport operations. Reasonable and non-discriminatory terms and conditions means, for the purpose of multimodal transport operations the ability of the multimodal transport operator to arrange for the conveyance of its merchandise on a timely basis, including priority over other merchandise which has entered the port at a later date. DEFINITIONS OF MARITIME AUXILIARY SERVICES 1. Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, this schedule does not include maritime cabotage services, which are assumed to cover transportation of passengers or goods between a port located in Ukraine and another port located in Ukraine and traffic originating and terminating in the same port located in Ukraine provided that this traffic remains within Ukraine's territorial waters. 2. Other forms of commercial presence for the supply of international maritime transport services means the ability for international maritime transport service suppliers of other Members to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport service, within which the maritime transport constitutes a substantial element. (This commitment shall however not be construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery). These activities include, but are not limited to: (a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements; (b) the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated services; (c) the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported; (d) the provision of business information by any means, including computerised information systems and electronic data interchange (subject to the provisions of the annex on telecommunications); (e) the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping agency; and (f) acting on behalf of the companies, organising the call of the ship or taking over cargoes when required. 3. Multimodal transport operator means the person on whose behalf the bill of lading/multimodal transport document, or any other document evidencing a contract of multimodal carriage of goods, is issued and who is responsible for the carriage of goods pursuant to the contract of carriage.

44 Maritime cargo handing services means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of : - the loading/discharging of cargo to/from a ship; - the lashing/unlashing of cargo; and - the reception/delivery and safekeeping of cargoes before shipment or after discharge. 5. Customs clearance services (alternatively customs house brokers' services ) means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity. 6. Container station and depot services means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments. 7. Maritime agency services means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes: - marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and - acting on behalf of the companies organising the call of the ship or taking over cargoes when required. 8. Freight forwarding services means (the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information).