Stabilisation and Association Agreement - Official Documents
Stabilisation and Association Agreement - Official Documents Stabilisation and Association Agreement - Official Documents
apply to air transport services, inland waterways transport services and maritime cabotage services. 2. The Stabilisation and Association Council may make recommendations for improving establishment and operations in the areas covered by paragraph 1. 34 ARTICLE 54 1. The provisions of Articles 51 and 52 do not preclude the application by a Party of particular rules concerning the establishment and operation in its territory of branches of companies of another Party not incorporated in the territory of the first Party, which are justified by legal or technical differences between such branches as compared to branches of companies incorporated in its territory or, as regards financial services, for prudential reasons. 2. The difference in treatment shall not go beyond what is strictly necessary as a result of such legal or technical differences or, as regards financial services, for prudential reasons. ARTICLE 55 In order to make it easier for Community nationals and nationals of Bosnia and Herzegovina to take up and pursue regulated professional activities in Bosnia and Herzegovina and in the Community respectively, the Stabilisation and Association Council shall examine which steps are necessary for the mutual recognition of qualifications. It may take all necessary measures to that end. ARTICLE 56 1. A Community company established in the territory of Bosnia and Herzegovina or a company of Bosnia and Herzegovina established in the Community shall be entitled to employ, or have employed by one of its subsidiaries or branches, in accordance with the legislation in force in the host territory of establishment, in the territory of Bosnia and Herzegovina and the Community respectively, employees who are nationals of the Member States or nationals of Bosnia and Herzegovina respectively, provided that such employees are key personnel as defined in paragraph 2 and that they are employed exclusively by companies, subsidiaries or branches. The residence and work permits of such employees shall only cover the period of such employment. 2. Key personnel of the abovementioned companies herein referred to as "organisations" are "intra-corporate transferees" as defined in point (c) of this paragraph in the following categories, provided that the organisation is a legal European Common Aviation Area (OJ L 285, 16.10.2006, p. 3).
person and that the persons concerned have been employed by it or have been partners in it (other than as majority shareholders), for at least the year immediately preceding such movement: (a) Persons working in a senior position with an organisation, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent including: (i) directing the establishment of a department or sub-division of the establishment; (ii) supervising and controlling the work of other supervisory, professional or managerial employees; (iii) having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions; (b) Persons working within an organisation who possess uncommon knowledge essential to the establishment's service, research equipment, techniques or management. The assessment of such knowledge may reflect, apart from knowledge specific to the establishment, a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession; (c) An "intra-corporate transferee" is defined as a natural person working within an organisation in the territory of a Party, and being temporarily transferred in the context of pursuit of economic activities in the territory of the other Party; the organisation concerned must have its principal place of business in the territory of a Party and the transfer be to an establishment (branch, subsidiary) of that organisation, effectively pursuing like economic activities in the territory of the other Party. 3. The entry into and the temporary presence within the territory of the Community or in Bosnia and Herzegovina of Bosnia and Herzegovina and Community nationals respectively shall be permitted, when these representatives of companies are persons working in a senior position, as defined in paragraph 2(a), within a company, and are responsible for the setting up of a Community subsidiary or branch of a company of Bosnia and Herzegovina or of a subsidiary or branch of Bosnia and Herzegovina of a Community company in a Member State or in Bosnia and Herzegovina respectively, when: (a) those representatives are not engaged in making direct sales or supplying services, and do not receive remuneration from a source located within the host territory of establishment, and; (b) the company has its principal place of business outside the Community 35
- Page 1 and 2: European Communities No. 4 (2009) S
- Page 3 and 4: STABILISATION AND ASSOCIATION AGREE
- Page 5 and 6: THE REPUBLIC OF FINLAND, THE KINGDO
- Page 7 and 8: BEARING in mind the commitment of B
- Page 9 and 10: ARTICLE 5 International and regiona
- Page 11 and 12: elations; (d) common views on secur
- Page 13 and 14: ARTICLE 15 Cooperation with other C
- Page 15 and 16: (b) antidumping or countervailing m
- Page 17 and 18: shall be progressively reduced and
- Page 19 and 20: apply duty-free access on imports i
- Page 21 and 22: paragraph 2, shall no longer be use
- Page 23 and 24: 3. Consultations between the Partie
- Page 25 and 26: as circumstances permit. 6. In the
- Page 27 and 28: 2. Where a Party has made a finding
- Page 29 and 30: (a) treatment accorded to workers w
- Page 31 and 32: controlled by another company; (c)
- Page 33: the entry into force of this Agreem
- Page 37 and 38: equest the other Party to enter int
- Page 39 and 40: Herzegovina shall progressively adj
- Page 41 and 42: situations, in particular as regard
- Page 43 and 44: and (b), regarding private and publ
- Page 45 and 46: attach to the principles of the Agr
- Page 47 and 48: ARTICLE 76 Consumer Protection The
- Page 49 and 50: (a) on the area of asylum on the im
- Page 51 and 52: (d) fiscal fraud; (e) production of
- Page 53 and 54: international customers (both publi
- Page 55 and 56: ARTICLE 95 Agriculture, and the Agr
- Page 57 and 58: The Parties shall also cooperate wi
- Page 59 and 60: enhancing the access to the transpo
- Page 61 and 62: TITLE IX Financial Cooperation ARTI
- Page 63 and 64: ARTICLE 118 1. The Stabilisation an
- Page 65 and 66: nationals, companies or firms of Bo
- Page 67 and 68: Herzegovina on the general principl
- Page 69 and 70: LIST OF ANNEXES AND PROTOCOLS ANNEX
- Page 71 and 72: ANNEX I TARIFF CONCESSIONS OF BOSNI
- Page 73 and 74: CN code Description 2523 Portland c
- Page 75 and 76: CN code Description 2820 Manganese
- Page 77 and 78: CN code Description 2834 Nitrites;
- Page 79 and 80: CN code Description 2903 31 00 Et
- Page 81 and 82: CN code Description 2917 Polycarbox
- Page 83 and 84: CN code Description 2930 Organo-sul
apply to air transport services, inl<strong>and</strong> waterways transport services <strong>and</strong> maritime<br />
cabotage services.<br />
2. The <strong>Stabilisation</strong> <strong>and</strong> <strong>Association</strong> Council may make recommendations for<br />
improving establishment <strong>and</strong> operations in the areas covered by paragraph 1.<br />
34<br />
ARTICLE 54<br />
1. The provisions of Articles 51 <strong>and</strong> 52 do not preclude the application by a<br />
Party of particular rules concerning the establishment <strong>and</strong> operation in its territory<br />
of branches of companies of another Party not incorporated in the territory of the<br />
first Party, which are justified by legal or technical differences between such<br />
branches as compared to branches of companies incorporated in its territory or, as<br />
regards financial services, for prudential reasons.<br />
2. The difference in treatment shall not go beyond what is strictly necessary as a<br />
result of such legal or technical differences or, as regards financial services, for<br />
prudential reasons.<br />
ARTICLE 55<br />
In order to make it easier for Community nationals <strong>and</strong> nationals of Bosnia <strong>and</strong><br />
Herzegovina to take up <strong>and</strong> pursue regulated professional activities in Bosnia <strong>and</strong><br />
Herzegovina <strong>and</strong> in the Community respectively, the <strong>Stabilisation</strong> <strong>and</strong> <strong>Association</strong><br />
Council shall examine which steps are necessary for the mutual recognition of<br />
qualifications. It may take all necessary measures to that end.<br />
ARTICLE 56<br />
1. A Community company established in the territory of Bosnia <strong>and</strong><br />
Herzegovina or a company of Bosnia <strong>and</strong> Herzegovina established in the<br />
Community shall be entitled to employ, or have employed by one of its subsidiaries<br />
or branches, in accordance with the legislation in force in the host territory of<br />
establishment, in the territory of Bosnia <strong>and</strong> Herzegovina <strong>and</strong> the Community<br />
respectively, employees who are nationals of the Member States or nationals of<br />
Bosnia <strong>and</strong> Herzegovina respectively, provided that such employees are key<br />
personnel as defined in paragraph 2 <strong>and</strong> that they are employed exclusively by<br />
companies, subsidiaries or branches. The residence <strong>and</strong> work permits of such<br />
employees shall only cover the period of such employment.<br />
2. Key personnel of the abovementioned companies herein referred to as<br />
"organisations" are "intra-corporate transferees" as defined in point (c) of this<br />
paragraph in the following categories, provided that the organisation is a legal<br />
European Common Aviation Area (OJ L 285, 16.10.2006, p. 3).
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