Industry classification:
Type of reservation:
Chapter Chapter: Level of Government:
Description:
Mining and quarrying - energy producing materials; mining and quarrying - metal ores and other mining; Energy related activities - production, transmission and distribution on own account of electricity, gas, steam and hot water; pipeline transportation of fuels; storage and warehouse of fuels transported through
pipelines; and services incidental to energy distribution
ISIC Rev. 3.1 10, 11, 12, 13, 14, 40, CPC 5115, 63297, 713, part
of 742, 8675, 883, 887
National treatment
Senior management and boards of directors
Local presence
Investment liberalisation; Cross-border trade in services
EU/Member State (unless otherwise specified)
(a) Mining and quarrying (ISIC Rev. 3.1 10, 11, 12: Mining of energy producing materials; 13, 14: Mining of metal ores and other mining;, CPC 5115, 7131, 8675,
883)
With respect to Investment liberalisation â National treatment, Most-favoured nation
treatment:
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In BG: The activities of prospecting or exploration of underground natural resources on the territory of the Republic of Bulgaria, in the continental shelf and in the exclusive economic zone in the Black Sea are subject to permission, while the activities of extraction and
exploitation are subject to concession granted under the Underground Natural Resources Act.
It is forbidden for companies registered in preferential tax treatment jurisdictions (that is, offshore zones) or related, directly or indirectly, to such companies to participate in open procedures for granting permits or concessions for prospecting, exploration or extraction of natural resources, including uranium and thorium ores, as well as to operate an existing permit or concession which has been granted, as such operations are precluded, including the possibility to register the geological or commercial discovery of a deposit as a result of
exploration.
The mining of uranium ore is closed by Decree of the Council of Ministers No. 163 of 20.08.1992.
With regard to exploration and mining of thorium ore, the general regime of permits and concessions applies. Decisions to allow the exploration or mining of thorium ore are taken on
a non-discriminatory individual case-by-case basis.
According to Decision of the National Assembly of the Republic of Bulgaria of 18 Jan 2012 (ch. 14 June 2012) any usage of hydraulic fracturing technology that is, fracking, for activities
of prospecting, exploration or extraction of oil and gas is forbidden.
Exploration and extraction of shale gas is forbidden (ISIC 10, 11, 12, 13, 14).
Measures:
BG: Underground Natural Resources Act;
Concessions Act;
Law on Privatisation and Post-Privatisation Control;
Safe Use of Nuclear Energy Act; Decision of the National Assembly of the Republic of
Bulgaria of 18 Jan 2012; Economic and Financial Relations with Companies Registered in
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Preferential Tax Treatment Jurisdictions, the Persons Controlled Thereby and Their Beneficial
Owners Act; and Subsurface Resources Act.
With respect to Investment liberalisation âNational treatment, Most-favoured nation
treatment:
In CY: The Council of Ministers may refuse to allow the activities of prospection, exploration and exploitation of hydrocarbons to be carried out by any entity which is effectively controlled by Chile or by nationals of Chile. After the granting of an authorisation, no entity may come under the direct or indirect control of Chile or a national of Chile without the prior approval of the Council of Ministers. The Council of Ministers may refuse to grant an authorisation to an entity which is effectively controlled by Chile or by a national of Chile, if Chile does not grant entities of the Republic or entities of Member States as regards access to and exercise of the activities of prospecting, exploring for and exploiting hydrocarbons, treatment comparable to that which the Republic or Member State grants entities from Chile (ISIC Rev 3.1 1110).
Measures:
CY: The Hydrocarbons (Prospection, Exploration and Exploitation Law) of 2007, (Law 4(1D/2007) as amended.
With respect to Investment liberalisation âNational treatment and Cross-border services â
Local presence:
In SK: For mining, activities related to mining and geological activity, incorporation in the EEA is required (no branching). Mining and prospecting activities covered by Act of the Slovak Republic 44/1988 on protection and exploitation of natural resources are regulated on a non-discriminatory basis, including through public policy measures seeking to ensure the conservation and protection of natural resources and the environment such as the authorisation or prohibition of certain mining technologies. For greater certainty, such measures include the prohibition of the use of cyanide leaching in the treatment or refining of
minerals, the requirement of a specific authorisation in the case of fracking for activities of
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prospecting, exploration or extraction of oil and gas, as well as prior approval by local referendum in the case of nuclear/radioactive mineral resources. This does not increase the non-conforming aspects of the existing measure for which the reservation is taken. (ISIC 10, 1112, 13, 14, CPC 5115, 7131, 8675 and 883).
Measures
SK: Act 51/1988 on Mining, Explosives and State Mining Administration; and Act 569/2007 on Geological Activity, Act 44/1988 on protection and exploitation of natural resources.
With respect to Cross-border trade in services â Local presence:
In FI: The exploration for and exploitation of mineral resources are subject to a licensing requirement, which is granted by the Government in relation to the mining of nuclear material. A permit of redemption for a mining area is required from the Government. Permission may be granted to a natural person resident in the EEA or a legal person established in the EEA. (ISIC Rev. 3.1 120, CPC 5115, 883, 8675).
In IE: Exploration and mining companies operating in Ireland are required to have a presence there. In the case of minerals exploration, there is a requirement that companies (Irish and foreign) employ either the services of an agent or a resident exploration manager in Ireland while work is being undertaken. In the case of mining, it is a requirement that a State Mining Lease or License be held by a company incorporated in Ireland. There are no restrictions as to ownership of such a company (ISIC Rev. 3.1 10, 3.1 13, 3.1 14, CPC 883).
LT: All subsurface mineral resources (energy, metals, industrial and construction minerals) in Lithuania are of exclusive state-ownership. Licenses of geological exploration or exploitation of mineral resources may be granted to a natural person resident in the EU and in the EEA or
a juridical person established in the EU and in the EEA.
Measures
FI: Kaivoslaki (Mining Act) (621/2011); and
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Ydinenergialaki (Nuclear Energy Act) (990/1987).
TE: Minerals Development Acts 1940 â 2017; and Planning Acts and Environmental Regulations.
LT: The Constitution of the Republic of Lithuania, 1992. Last amendment 21 of March 2019 No. XHI-2004, The Underground Law No. I-1034, 1995, new redaction from 10 of April 2001 No. IX-243, last amendment 14 of April 2016 No XHI-2308.
With respect only to Investment National treatment and Cross-border trade in services â
Local presence:
In SI: The exploration for and exploitation of mineral resources, including regulated mining services, are subject to establishment in or citizenship of the EEA, the Swiss Confederation or an OECD Member(ISIC Rev. 3.1 10, ISIC Rev. 3.1 11, ISIC Rev. 3.1 12, ISIC Rev. 3.1 13, ISIC Rev. 3.1 14, CPC 883, CPC 8675).
Measures
SE: Mining Act 2014.
(b) Production, transmission and distribution on own account of electricity, gas, steam and hot water; pipeline transportation of fuels; storage and warehouse of fuels transported through pipelines; services incidental to energy distribution (ISIC Rey. 3.1 40, 3.1 401, CPC 63297, 713, part of 742, 74220, 887)
With respect to Investment liberalisation â National treatment, Senior management and
boards of directors and Cross-border trade in services â National treatment, Local presence:
In AT: With regard to the transportation of gas authorisation is only granted to nationals of a Member State of the EEA domiciled in the EEA. Enterprises and partnerships must have their seat in the EEA. The operator of the network must appoint a Managing Director and a
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Technical Director who is responsible for the technical control of the operation of the network, both of whom must be nationals of a member state of the EEA. With regard to the activity performed by a balance responsible party au-thorisation is only granted to Austrian citizens or citizens of another Member State of the EU or the EEA.
The competent authority may waive the nationality and domiciliation requirements where the
operation of the network is considered to be in the public interest.
For the transportation of goods other than gas and water, the following applies:
G) with regard to natural persons, authorisation is only granted to EEA-nationals who
must have a seat in Austria; and
(ii) enterprises and partnerships must have their seat in Austria. An Economic Needs Test or interest test is applied. Cross border pipelines must not jeopardise Austria's security interests and its status as a neutral country. Enterprises and partnerships have to appoint a managing director who must be a national of a member state of the EEA. The competent authority may waive the nationality and seat requirements if the operation of the pipeline is considered to be in the
national economic interest (CPC 713).
Measures:
AT: Rohrleitungsgesetz (Law on Pipeline Transport), BGBI. Nr. 411/1975 as amended, §§ 5, 15; Gaswirtschaftsgesetz 2011 (Gas Act), BGBI. I Nr. 107/2011 as amended, §§ 43, 44, 90, 93.
With respect to Investment liberalisation â National treatment, Senior management and boards of director and Cross-border trade in services â (applies only to the regional level of
government) National treatment, Local presence:
In AT: With regard to transmission and distribution of electricity, authorisation is only granted to nationals of a Member State of the EEA domiciled in the EEA. If the operator
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appoints a managing director or a leaseholder, the domicile requirement is waived.
Legal persons (enterprises) and partnerships must have their seat in the EEA. They must appoint a managing director or a leaseholder, both of whom must be nationals of a Member State of the EEA domiciled in the EEA.
The competent authority may waive the domicile and nationality requirements where the operation of the network is considered to be in the public interest (ISIC Rev. 3.1 40, CPC 887).
Measures:
AT: Burgenlandisches Elektrizititswesengesetz 2006, LGB]. Nr. 59/2006 as amended; Niederésterreichisches Elektrizitaitswesengesetz, LGB1. Nr. 7800/2005 as amended; Oberisterreichisches Elektrizitaétswirtschafts- und - organisationsgesetz 2006), LGBI. Nr. 1/2006 as amended;
Salzburger Landeselektrizititsgesetz 1999 (LEG),LGBI. Nr. 75/1999 as amended;
Tiroler Elektrizitaétsgesetz 2012 âTEG 2012, LGBI. Nr. 134/2011 as amended; Vorarlberger Elektrizititswirtschaftsgesetz, LGB1. Nr. 59/2003 as amended;
Wiener Elektrizitatswirtschaftsgesetz 2005 â WEIWG 2005, LGBI. Nr. 46/2005 as amended; Steiermarkisches Elektrizititswirtschafts- und Organisationsgesetz(ELWOG), LGBI. Nr. 70/2005 as amended;
K&rntner Elektrizitatswirtschafts-und Organisationsgesetz/ELWOG), LGBL. Nr. 24/2006 as
amended.
With respect to Investment liberalisation âNational treatment and Cross-border trade in
services â Local presence:
In CZ: For electricity generation, transmission, distribution, trading, and other electricity market operator activities, as well as gas generation, transmission, distribution, storage and trading, as well as heat generation and distribution, authorisation is required. Such authorisation may only be granted to a natural person with a residence permit or a legal person established in the Union. (ISIC Rev. 3.1 40, CPC 7131, 63297, 742, 887).
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In LT: The licences for transmission, distribution, public supply and organizing of trade of electricity may only be issued to legal persons established in the Republic of Lithuania or branches of foreign legal persons or other organisations of another Member State established in the Republic Lithuania. The permits to generate electricity, develop electricity generation capacities and build a direct line may be issued to individuals with residency in the Republic of Lithuania or to legal persons established in the Republic of Lithuania, or to branches of legal persons or other organizations of another Member States established in the Republic of Lithuania. This reservation does not apply to consultancy services related to the transmission
and distribution on a fee or contract basis of electricity (ISIC Rev. 3.1 401, CPC 887).
In the case of fuels, establishment is required. Licences for transmission and distribution, storage of fuels and liquefaction of natural gas may only be issued to legal persons established in the Republic of Lithuania or branches of legal persons or other organisations (subsidiaries) of another Member State established in the Republic Lithuania.
This reservation does not apply to consultancy services related to the transmission and distribution on a fee or contract basis of fuels (CPC 713, CPC 887).
In PL: the following activities are subject to licensing under the Energy Law Act:
G) generation of fuels or energy, except for: generation of solid or gaseous fuels; generation of electricity using electricity sources of the total capacity of not more than 50 MW other than renewable energy sources; cogeneration of electricity and heat using sources of the total capacity of not more than 5 MW other than renewable energy sources; generation of heat using the sources of the total
capacity of not more than 5 MW;
Gi) storage of gaseous fuels in storage installations, liquefaction of natural gas and regasification of liquefied natural gas at LNG installations, as well as the storage of liquid fuels, except for: the local storage of liquid gas at installations of the capacity of less than 1 MJ/s capacity and the storage of liquid fuels in retail trade;
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(ii) transmission or distribution of fuels or energy, except for: the distribution of gaseous fuels in grids of less than 1 MJ/s capacity and the transmission or distribution of heat if the total capacity ordered by customers does not exceed 5 MW;
(iv) trade in fuels or energy, except for: the trade in solid fuels; the trade in electricity using installations of voltage lower than 1 kV owned by the customer; the trade in gaseous fuels if their annual turnover value does not exceed the equivalent of EUR 100 000â¬; the trade in liquid gas, if the annual turnover value does not exceed EUR 10 000â¬; and the trade in gaseous fuels and electricity performed on commodity exchanges by brokerage houses which conduct the brokerage activity on the exchange commodities on the basis of the Act of 26 October 2000 on commodity exchanges, as well as the trade in heat if the capacity ordered by the customers does not exceed 5 MW. The limits on turnover do not apply to wholesale trade services in gaseous fuels or liquid gas or to retail services of
bottled gas.
A licence may only be granted by the competent authority to an applicant that has registered their principal place of business or residence in the territory of a Member State of the EEA or the Swiss Confederation (ISIC Rev. 3.1 040, CPC 63297, 74220, CPC 887).
Measures:
CZ: Act No. 458/2000 Coll on Business conditions and public administration in the energy sectors (The Energy Act).
LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973, new redaction from 1 August 2011 No XI-1564, last amendment 25 June 2020 No. XIH-3140; Law on Electricity of the Republic of Lithuania of 20 July 2000 No VII-1881, new redaction from 7 February 2012, last amendment 20 of October 2020 No. XIII-3336; Law on Necessary measures to protect against non-safe nuclear electrical threats from third countries of 20 April 2017 No XIII-306, last amendment on 19 December 2019 No. XII-2705; Law on Renewable energy sources of the Republic of Lithuania of 12 May 2011 No. XI-1375.
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PL: Energy Law Act of 10 April 1997, Articles 32 and 33.
With respect to Cross-border trade in services â Local presence:
In SI: The production, trading, supply to final customers, transmission and distribution of electricity and natural gas is subject to establishment in the Union (ISIC Rev. 3.1 4010, 4020, CPC 7131, CPC 887).
Measures:
SI: Energetski zakon (Energy Act) 2014, Official Gazette RS, nr. 17/2014; and Mining Act 2014,
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Reservation No. 16 - Agriculture, fishing and manufacturing Sector â sub-sector: Agriculture, hunting, forestry; animal and reindeer husbandry, fishing and aquaculture; publishing, printing and reproduction of
recorded media
Industry classification: ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, 050, 0501, 0502, 221, 222, 323, 324, CPC 881, 882, 88442
Type of reservation:
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Local presence Chapter: Investment liberalisation; Cross-border trade in services Level of government: EU/Member State (unless otherwise specified)
Description:
(a) Agriculture, hunting and forestry (ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531,
CPC 881)
With respect to Investment liberalisation â National treatment:
In IE: Establishment by foreign residents in flour milling activities is subject to authorisation
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ISIC Rev. 3.1 1531).
Measures:
TE: Agriculture Produce (Cereals) Act, 1933.
With respect to Investment liberalisation â National treatment:
In FI: Only nationals of a Member State of the EEA resident in the reindeer herding area may
own reindeer and practice reindeer husbandry. Exclusive rights may be granted.
In FR: Prior authorisation is required in order to become a member or act as a director of an agricultural cooperative (ISIC Rev. 3.1 011, 012, 013, 014, 015).
In SE: Only Sami people may own and practice reindeer husbandry.
Measures:
FI: Poronhoitolaki (Reindeer Husbandry Act) (848/1990), Chapter 1, s. 4, Protocol 3 to the
Accession Treaty of Finland.
FR: Code rural et de la péche maritime.
SE: Reindeer Husbandry Act (1971:437), section 1.