Type of reservation:
Chapter Chapter: 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, 1110, 12, 120, 1200, 13, 14, 232, 233, 2330, 40, 401,
4010, 402, 4020, part of 4030, CPC 613, 62271, 63297, 7131, 71310,
742, 7422, part of 88, 887.
National treatment
Senior management and board of directors
Performance requirements
Local presence
Investment liberalisation and Cross-border trade in services
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Mining and Energy activities â general (ISIC Rev. 3.1 10, 1110, 13, 14, 232, 40, 401, 402, part of 403, 41; CPC 613, 62271, 63297, 7131, 742, 7422, 887 (other than advisory and
consulting services))
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With respect to Investment liberalisation â National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services â National treatment,
Local presence:
In the EU: Where a Member State permits foreign ownership of a gas or electricity transmission system, or an oil and gas pipeline transport system, with respect to enterprises of Chile controlled by natural or legal persons of a third country which accounts for more than 5 per cent of the Union's oil, natural gas or electricity imports, in order to guarantee the security of the energy supply of the Union as a whole, or of an individual Member State. This reservation does not apply to advisory
and consultancy services provided as services incidental to energy distribution.
This reservation does not apply to HR, HU and LT (for LT, only CPC 7131) with regard to the pipeline transport of fuels, nor to LV with regard to services incidental to energy distribution, nor to SI with regard to services incidental to the distribution of gas (ISIC Rev. 3.1 401, 402, CPC 7131, 887 other than advisory and consultancy services).
In CY: For the manufacture of refined petroleum products in so far as the investor is controlled by a natural or juridical person of a third country which accounts for more than 5 per cent of the Union's oil or natural gas imports, as well as to the manufacture of gas, distribution of gaseous fuels through mains on own account, the production, transmission and distribution of electricity, the pipeline transportation of fuels, services incidental to electricity and natural gas distribution other than advisory and consulting services, wholesale services of electricity, retailing services of motor fuel, electricity and non-bottled gas. Nationality and residency conditions applies for electricity related services. (ISIC Rev. 3.1 232, 4010, 4020, CPC 613, 62271, 63297, 7131, and 887 other than
advisory and consulting services).
In FI: The transmission and distribution networks and systems of energy and of steam and hot
water.
In FI: The quantitative restrictions in the form of monopolies or exclusive rights for the importation of natural gas, and for the production and distribution of steam and hot water. Currently, natural monopolies and exclusive rights exist (SIC Rev. 3.1 40, CPC 7131, 887 other than advisory and
consultancy services).
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In FR: The electricity and gas transmission systems and oil and gas pipeline transport (CPC 7131).
With respect to Investment liberalisationâ National treatment, Senior management and boards of
directors and Cross-border trade in services â National treatment, Local presence:
In BE: The energy distribution services, and services incidental to energy distribution (CPC 887
other than consultancy services).
With respect to Investment liberalisationâ National treatment and Cross-border trade in services
âNational treatment, Local presence:
In BE: For energy transmission services, regarding the types of legal entities and to the treatment of public or private operators to whom BE has conferred exclusive rights. Establishment is required within the Union (ISIC Rev. 3.1 4010, CPC 71310).
In BG: For services incidental to energy distribution (part of CPC 88).
In PT: For the production, transmission and distribution of electricity, the manufacturing of gas, the pipeline transportation of fuels, wholesale services of electricity, retailing services of electricity and non-bottled gas, and services incidental to electricity and natural gas distribution. Concessions for electricity and gas sectors are assigned only to limited companies with their headquarters and effective management in PT (ISIC Rev. 3.1 232, 4010, 4020, CPC 7131, 7422, 887 other than
advisory and consulting services).
In SK: An authorisation is required for the production, transmission and distribution of electricity, manufacture of gas and distribution of gaseous fuels, production and distribution of steam and hot water, pipeline transportation of fuels, wholesale and retail of electricity, steam and hot water, and services incidental to energy distribution, including services in the area of energy efficiency, energy savings and energy audit. For all those activities, an authorisation may only be granted to a natural
person with permanent residency in the EEA or a legal person of the EEA.
With respect to Investment liberalisationâ National treatment, Local presence:
In BE: With the exception of the mining of metal ores and other mining and quarrying, enterprises
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controlled by natural or legal persons of a third country which accounts for more than 5 per cent of the European Union's oil or natural gas or electricity imports may be prohibited from obtaining control of the activity. Incorporation is required (no branching) (ISIC Rev. 3.1 10, 1110, 13, 14, 232, part of 4010, part of 4020, part of 4030).
Existing measures:
EU: Directive (EU) 2019/944of the European Parliament and of the Councilâ; and Directive 2009/73/EC of the European Parliament and of the Council®,
BG: Energy Act.
CY: The Regulation of the Electricity Market Law of 2003 Law, as amended or replaced; The Regulating of the Gas Market Laws of 2004, as amended or replaced; The Petroleum (Pipelines) Law, Chapter 273, The Petroleum Law L.64(D/1975, as amended or replaced; The Petroleum and
Fuel Specifications Laws of 2003, as amended or replaced.
FI: Sahkémarkkinalaki (Electricity Market Act) (386/1995); Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017).
FR: Code de I'énergie.
PT: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October - Natural Gas; Decree-Law 215- A/2012, and Decree-Law 215-B/2012, 8 October â Electricity; and Decree-Law 31/2006, 15 February â Crude oil/Petroleum products.
SK: Act 51/1988 on Mining, Explosives and State Mining Administration; Act 569/2007 on Geological Works; Act 251/2012 on Energy; and Act 657/2004 on Thermal Energy.
Directive (EU) 2019/944 of the European Parliament and of the Council of 5S June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125) 8 Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).
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(b) Electricity (ISIC Rev. 3.1 40, 401; CPC 62271, 887 (other than advisory and consulting
services))
With respect to Investment liberalisationâ National treatment, Senior management and boards of
directors, Performance requirements and Cross-border trade in services â National treatment:
In FI: The importation of electricity. With respect to cross-border trade, the wholesale and retail of electricity.
In FR: Only companies where 100 per cent of the capital is held by the French State, by another public sector organisation or by Electricité de France (EDF), may own and operate electricity
transmission or distribution systems.
With respect to Investment liberalisationâ National treatment and Cross-border trade in services
â National treatment: In BG: For the production of electricity and the production of heat.
In LT: Wholesale and retail services and trading of electricity that originates from non-safe nuclear
sources.
In PT: The activities of electricity transmission and distribution are carried out through exclusive
concessions of public service.
With respect to Investment liberalisationâ National treatment, Most-favoured-nation treatment
and Cross-border trade in servicesâ Local presence:
In BE: An individual authorisation for the production of electricity of a capacity of 25 MW or above requires establishment in the Union, or in another State which has a regime similar to that enforced by Directive 96/92/EC of the European Parliament and of the Council? in place, and where
the company has an effective and continuous link with the economy.
8 Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity (OJ L 27, 30,1.1997, p. 20). 73
The production of electricity within the offshore territory of BE is subject to concession and a joint venture obligation with a legal person of the Union, or with a legal person of a country having a regime similar to that of Directive 2003/54/EC of the European Parliament and of the Council?®,
particularly with regard to conditions relating to the authorisation and selection.
Additionally, the legal person should have its central administration or its head office in a Member State of the European Union or a country meeting the above criteria, where it has an effective and
continuous link with the economy.
The construction of electrical power lines which link offshore production to the transmission network of Elia requires authorisation and the company must meet the previously specified
conditions, except for the joint venture requirement.
With respect to Cross-border trade in services â National treatment, Local presence:
In BE: An authorisation is necessary for the supply of electricity by an intermediary having customers established in BE who are connected to the national grid system or to a direct line whose nominal voltage is higher than 70,000 volts. That authorisation may only be granted to a natural or legal person of the EEA.
Existing measures:
BE: Arrété Royal du 11 octobre 2000 fixant les critéres et la procédure d'octroi des autorisations individuelles préalables a la construction de lignes directes;
Arrété Royal du 20 décembre 2000 relatif aux conditions et 4 la procédure d'octroi des concessions domaniales pour la construction et l'exploitation d'installations de production d'électricité 4 partir de l'eau, des courants ou des vents, dans les espaces marins sur lesquels la Belgique peut exercer sa juridiction conformément au droit international de la mer; and Arrété Royal du 12 mars 2002 relatif aux modalités de pose de cables d'énergie électrique qui pénétrent dans la mer territoriale ou dans le
territoire national ou qui sont installés ou utilisés dans le cadre de l'exploration du plateau
10 Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning
common rules for the internal market in electricity and repealing Directive 96/92/EC (OJ L176, 15.7.2003, p.37). 74
continental, de l'exploitation des ressources minérales et autres ressources non vivantes ou de l'exploitation d'fles artificielles, d'installations ou d'ouvrages relevant de la juridiction belge. Arrété royal relatif aux autorisations de fourniture d'électricité par des intermédiaires et aux régles de conduite applicables 4 ceux-ci.
Arrété royal du 12 juin 2001 relatif aux conditions générales de fourniture de gaz naturel et aux
conditions d'octroi des autorisations de fourniture de gaz naturel.
FI: Sahkémarkkinalak (Electricity Market Act) 588/2013; Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017)
LT: Law on Necessary measures to protect against non-safe nuclear electrical threats from third countries of 20 April 2017 No XIII-306 (last amendment 19 December 2019, No XIII-2705).
PT: Decree-Law 215-A/2012; and Decree-Law 215-B/2012, 8 October â Electricity.
(c) Fuels, gas, crude oil or petroleum products (ISIC Rev. 3.1 232, 40, 402; CPC 613, 62271, 63297, 7131, 71310, 742, 7422, part of 88, 887 (other than advisory and consulting
services))
With respect to Investment liberalisation âNational treatment, Senior management and boards of
directors, Performance requirements and Cross-border trade in services â National treatment:
In FI: To prevent control or ownership of a liquefied natural gas (LNG) terminal (including those parts of the LNG terminal used for storage or re-gasification of LNG) by foreign natural or legal
persons for energy security reasons. In FR: Only companies where 100 per cent of the capital is held by the French State, by another public sector organisation or by ENGIE, may own and operate gas transmission or distribution
systems for reasons of national energy security.
With respect to Investment liberalisationâ National treatment and Cross-border trade in services
â Local presence:
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In BE: For bulk storage services of gas, regarding the types of legal entities and the treatment of public or private operators to whom Belgium has conferred exclusive rights. Establishment is
required within the Union for bulk storage services of gas (part of CPC 742).
In BG: For pipeline transportation, storage and warehousing of petroleum and natural gas, including transit transmission (CPC 71310, part of CPC 742).
In PT: For the cross-border supply of storage and warehousing services of fuels transported through pipelines (natural gas). Also, concessions relating to the transmission, distribution and underground storage of natural gas and the reception, storage and regasification terminal of LNG are awarded
through contracts concession, following public calls for tenders (CPC 7131, CPC 7422).
With respect to Cross-border trade in services â Local presence:
In BE: The pipeline transport of natural gas and other fuels is subject to an authorisation requirement. An authorisation may only be granted to a natural or juridical person established in a Member State (in accordance with Article 3 of the AR of 14 May 2002).
Where the authorisation is requested by a company:
(a) the company must be established in accordance with Belgian law, or the law of another Member State, or the law of a third country, which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC of
the European Parliament and the Council"!; and
(b) the company must hold its administrative seat, its principal establishment or its head office within a Member State, or a third country, which has undertaken commitments to maintain a regulatory framework similar to the common requirements specified in Directive 98/30/EC, provided that the activity of this establishment or head office represents an effective and continuous link with the economy of the country concerned (CPC 7131).
In BE: In general the supply of natural gas to customers (customers being both distribution
u Directive 98/30/EC of the European Parliament and the Council of 22 June 1998 concerning common
rules for the internal market in natural gas (OJ L 204, 21.7.1998, p. 1). 716
companies and consumers whose overall combined consumption of gas arising from all points of supply attains a minimum level of one million cubic metres per year) established in Belgium is subject to an individual authorisation provided by the minister, except where the supplier is a distribution company using its own distribution network. Such an authorisation may only be granted
to natural or legal persons of the European Union.
With respect to Cross-border trade in services â Local presence:
In CY: For the cross-border supply of storage and warehousing services of fuels transported through pipelines, and the retail sales of fuel oil and bottled gas other than by mail order (CPC 613, CPC 62271, CPC 63297, CPC 7131, CPC 742).
Existing measures:
BE: Arrété Royal du 14 mai 2002 relatif a l'autorisation de transport de produits gazeux et autres par canalisations; and
Loi du 12 avril 1965 relative au transport de produits gazeux et autres par canalisations (article 8.2). BG: Energy Act.
CY: The Regulation of the Electricity Market Law of 2003, Law 122(1/2003 as amended;
The Regulating of the Gas Market Laws of 2004, Law 183(1)/2004 as amended;
The Petroleum (Pipelines) Law, Chapter 273 ;
The Petroleum Law Chapter 272 as amended; and
The Petroleum and Fuel Specifications Laws of 2003, Law 148(1)/2003 as amended.
FI: Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017).
FR: Code de I'énergie.
HU: Act XVI of 1991 about Concessions.
LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIH-1973.
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PT: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October - Natural Gas; Decree-Law 215- A/2012, and Decree-Law 215-B/2012, 8 October â Electricity; and Decree-Law 31/2006, 15 February â Crude oil/Petroleum products.
(d) Nuclear (ISIC Rey. 3.1 12, 3.1 23, 120, 1200, 233, 2330, 40, part of 4010, CPC 887))
With respect to Investment liberalisationâ National treatment, Senior management and boards of
directors and Cross-border trade in services â National treatment:
In DE: For the production, processing or transportation of nuclear material and generation or
distribution of nuclear-based energy.
With respect to Investment liberalisationâ National treatment and Cross-border trade in services
â National treatment:
In AT and FI: for the production, processing distribution or transportation of nuclear material and
generation or distribution of nuclear-based energy.
In BE: For the production, processing or transportation of nuclear material and generation or
distribution of nuclear-based energy.
With respect to Investment liberalisationâ National treatment, Senior management and boards of
directors, Performance requirements:
In HU and SE: For the processing of nuclear fuel and nuclear-based electricity generation.