Article 34: Management of Removal of Restrictions on the Right of Establishment

In performing its tasks set out in Article 33, COTED shall, inter alia:

(a)        accord priority to the removal of restrictions on activities in respect of which the right of establishment encourages the development of:

(i)         the production of trade in goods;

(ii)        the provision of services,

which generate foreign exchange earnings;

(b)        require  the  Member  States  to  remove  administrative  practices  and procedures, the maintenance of which impede the exercise of the right of establishment;

(c)        require the Member States to remove all restrictions on the movement of managerial, technical and supervisory staff of economic enterprises and on establishing agencies, branches and subsidiaries of companies and other entities established in the Community;

(d)        establish measures to ensure the removal of restrictions on the right of establishment in respect of activities accorded priority treatment pursuant to paragraph (a) of this Article as they relate to:

(i)         the  establishment, in  the  territories  of  the  Member  States,  of agencies, branches or subsidiaries belonging to an economic enterprise; and

(ii)        the  conditions governing the  entry of  managerial, technical or supervisory personnel employed in such agencies, branches and subsidiaries, including the spouses and immediate dependent family members of such personnel;

(e)        take appropriate measures to ensure close collaboration among competent national authorities in order to improve their knowledge of the particular situation regarding the relevant activities within the Community;

(f)         require the Member States to ensure that nationals of one Member State may have access to land, buildings and other property situated in the territory of another Member State, other than for speculative purposes or for a purpose potentially destabilising to the economy, on a non-discriminatory basis, bearing in mind the importance of agriculture for many national economies;

(g)        ensure concordance in the Member States regarding the protection afforded the interests of partners, members and other persons with financial interests in companies and other entities.