ANNEX SERVIN-3: BUSINESS VISITORS FOR ESTABLISHMENT PURPOSES, INTRA-CORPORATE TRANSFEREES AND SHORT-TERM BUSINESS VISITORS
1. A measure listed in this Annex may be maintained, continued, promptly renewed, or amended, provided that the amendment does not decrease the conformity of the measure with Articles SERVIN.4.2 [Intra-corporate Transferees and Business Visitors for Establishment Purposes] and SERVIN.4.3 [Short-term business visitors], as it existed immediately before the amendment.
2. Articles SERVIN.4.2 [Intra-corporate Transferees and Business Visitors for Establishment Purposes] and SERVIN.4.3 [Short-term business visitors] do not apply to any existing non-conforming measure listed in this Annex, to the extent of the non-conformity.
3. The schedules in paragraphs 6, 7 and 8 apply only to the territories of the United Kingdom and the European Union in accordance with Article FINPROV.1 [Territorial Scope] and Article OTH.9.2 [Geographical Scope] and are only relevant in the context of trade relations between the European Union and its Member States with the United Kingdom. They do not affect the rights and obligations of the Member States under Union law.
4. For greater certainty, for the European Union, the obligation to grant national treatment does not entail the requirement to extend to natural or legal persons of the United Kingdom the treatment granted in a Member State, in application of the Treaty on the Functioning of the European Union, or of any measure adopted pursuant to that Treaty, including their implementation in the Member States, to:
(i) natural persons or residents of another Member State; or
(ii) legal persons constituted or organised under the law of another Member State or of the European Union and having their registered office, central administration or principal place of business in the European Union.
5. The following abbreviations are used in the paragraphs below: AT Austria
BE Belgium
BG Bulgaria
CY Cyprus
CZ Czech Republic
DE Germany
DK Denmark
EE Estonia
EL Greece
ES Spain
EU European Union, including all its Member States
FI Finland
FR France
HR Croatia
HU Hungary
IE Ireland
IT Italy
LT Lithuania
LU Luxembourg
LV Latvia
MT Malta
NL The Netherlands
PL Poland
PT Portugal
RO Romania
SE Sweden
SI Slovenia
SK Slovak Republic
6. The European Union’s non-conforming measures are: Business visitors for establishment purposes
All sectors AT, CZ: Business visitor for establishment purposes needs to work for an enterprise other than a non-profit organisation, otherwise: Unbound.
SK: Business visitor for establishment purposes needs to work for an enterprise other than a non-profit organisation, otherwise: Unbound. Work permit required, including economic needs test.
CY: Permissible length of stay: up to 90 days in any twelve month period. Business visitor for establishment purposes needs to work for an enterprise other than a non-profit organisation, otherwise: Unbound.
Intra-corporate transferees
All sectors EU: Until 31 December 2022 any charge, fee or tax imposed by a Party (other than fees associated with the processing of a visa, work permit, or residency permit application or renewal) on the grounds of being allowed to perform an activity or to hire a person who can perform such activity in the territory of a Party, unless it is a requirement consistent with paragraph 3 of SERVIN
4.1 [Scope and definitions], or a health fee under national legislation in connection with an application for a permit to enter, stay, work, or reside in the territory of a Party.
AT, CZ, SK: Intra-corporate transferees need to be employed by an enterprise other than a non-profit organisation, otherwise: Unbound.
FI: Senior personnel needs to be employed by an enterprise other than a non-profit organisation.
HU: Natural persons who have been a partner in an enterprise do not qualify to be transferred as intra-corporate transferees.
Short-term business visitors
All activities referred to in paragraph 8: CY, DK, HR: Work permit, including economic needs test, required in case the short-term business visitor supplies a service.
LV: Work permit required for operations/activities to be performed on the basis of a contract.
MT: Work permit required. No economic needs tests performed.
SI: A single residency and work permit is required for the supply of services exceeding 14 days at a time and for certain activities (research and design; training seminars; purchasing; commercial transactions; translation and interpretation). An economic needs test is not required.
SK: In case of supplying a service in the territory of Slovakia, a work permit, including economic needs test, is required beyond seven days in a month or 30 days in calendar year. Research and design AT: Work permit, including economic needs test, required, except for research activities of scientific and statistical researchers. Marketing research AT: Work permit required, including economic needs test. Economic needs test is waived for research and analysis activities for up to seven days in a month or 30 days in a calendar year. University degree required.
CY: Work permit required, including economic needs test. Trade fairs and exhibitions AT, CY: Work permit, including economic needs test, required for activities beyond seven days in a month or 30 days in a calendar year. After-sales or after-lease service AT: Work permit required, including economic needs test. Economic needs test is waived for natural persons training workers to supply services and possessing specialisedge knowledge.
CY, CZ : Work permit is required beyond seven days in a month or 30 days in calendar year.
ES: Installers, repair and maintainers should be employed as such by the legal person supplying the good or service or by an enterprise which is a member of the same group as the originating legal person for at least three
months immediately preceding the date of submission of an application for entry and they should possess at least 3 years of relevant professional experience, where applicable, obtained after the age of majority.
FI: Depending on the activity, a residence permit may be required.
SE: Work permit required, except for (i) natural persons who participate in training, testing, preparation or completion of deliveries, or similar activities within the framework of a business transaction, or (ii) fitters or technical instructors in connection with urgent installation or repair of machinery for up to two months, in the context of an emergency. No economic needs test required. Commercial transactions AT, CY: Work permit, including economic needs test, required for activities beyond seven days in a month or 30 days in a calendar year.
FI: The natural person needs to be supplying services as an employee of a legal person of the other Party. Tourism personnel CY, ES, PL: Unbound.
FI: The natural person needs to be supplying services as an employee of a legal person of the other Party.
SE: Work permit required, except for drivers and staff of tourist buses. No economic needs test required. Translation and interpretation AT: Work permit required, including economic needs test.
CY, PL: Unbound.
7. The United Kingdom’s non-conforming measures are: Business visitors for establishment purposes
All sectors Business visitor for establishment purposes needs to work for an enterprise other than a non-profit organisation, otherwise: Unbound.
Intra-corporate transferees
All sectors Intra-corporate transferees need to be employed by an enterprise other than a non-profit organisation, otherwise: Unbound.
Until 31 December 2022 any charge, fee or tax imposed by a Party (other than fees associated with the processing of a visa, work permit, or residency permit application or renewal) on the grounds of being allowed to perform an activity or to hire a person who can perform such activity in the territory of a Party, unless it is a requirement consistent with paragraph 3 of SERVIN
4.1 [Scope and definitions], or a health fee under national legislation in connection with an application for a permit to enter, stay, work, or reside in the territory of a Party.
Short-term business visitors
All activities referred to in paragraph 8: None
8. The activities Short-term business visitors are permitted to engage in are:
a) meetings and consultations: natural persons attending meetings or conferences, or engaged in consultations with business associates;
b) research and design: technical, scientific and statistical researchers conducting independent research or research for a legal person of the Party of which the Short-term business visitor is a natural person;
c) marketing research: market researchers and analysts conducting research or analysis for a legal person of the Party of which the Short-term business visitor is a natural person;
d) training seminars: personnel of an enterprise who enter the territory being visited by the Short-term business visitor to receive training in techniques and work practices which are utilised by companies or organisations in the territory being visited by the Short-term business visitor, provided that the training received is confined to observation, familiarisation and classroom instruction only;
e) trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting their company or its products or services;
f) sales: representatives of a supplier of services or goods taking orders or negotiating the sale of services or goods or entering into agreements to sell services or goods for that supplier, but not delivering goods or supplying services themselves. Short-term business visitors shall not engage in making direct sales to the general public;
g) purchasing: buyers purchasing goods or services for an enterprise, or management and supervisory personnel, engaging in a commercial transaction carried out in the territory of the Party of which the Short-term business visitor is a natural person;
h) after-sales or after-lease service: installers, repair and maintenance personnel and supervisors, possessing specialised knowledge essential to a seller’s contractual obligation, supplying services or training workers to supply services pursuant to a warranty or other service contract incidental to the sale or lease of commercial or industrial equipment or machinery, including computer software, purchased or leased from a legal person of the Party of which the Short-term business visitor is a natural person throughout the duration of the warranty or service contract;
i) commercial transactions: management and supervisory personnel and financial services personnel (including insurers, bankers and investment brokers) engaging in a commercial transaction for a legal person of the Party of which the Short-term business visitor is a natural person;
j) tourism personnel: tour and travel agents, tour guides or tour operators attending or participating in conventions or accompanying a tour that has begun in the territory of the Party of which the Short-term business visitor is a natural person; and
k) translation and interpretation: translators or interpreters supplying services as employees of a legal person of the Party of which the Short-term business visitor is a natural person.