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 – Market access, National treatment:
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 (13); 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 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.
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).
With respect to Investment liberalisation – Market access and Cross-border trade in services – Market access:
In HU: The supply of pipeline transport services requires establishment. Services may be provided through a Contract of Concession granted by the state or the local authority. The supply of this service is regulated by the Hungarian Concession Law (CPC 7131).
With respect to Cross-border trade in services – Market access:
In LT: For pipeline transportation of fuels and services auxiliary to pipeline transport of goods other than fuel.
Existing measures:
BE: Arrêté Royal du 14 mai 2002 relatif à 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(I)/2003 as amended;
The Regulating of the Gas Market Laws of 2004, Law 183(I)/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(I)/2003 as amended.
FI: Maakaasumarkkinalaki (Natural Gas Market Act) (508/2000); and Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017).
FR: Code de l'énergie.
HU: Act XVI of 1991 about Concessions.
LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIII-1973.
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 – Electricity; and Decree-Law 31/2006, 15 February – Crude oil/Petroleum products.
(d) Nuclear (ISIC Rev. 3.1 12, 3.1 23, 120, 1200, 233, 2330, 40, part of 4010, CPC 887))
With respect to Investment liberalisation – Market access, National treatment, Senior management and boards of directors and Cross-border trade in services – Market access, 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 liberalisation – Market access, National treatment and Cross-border trade in services – Market access, 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 liberalisation – Market access, 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.
With respect to Investment liberalisation – Market access, National treatment, Senior management and boards of directors:
In BG: For the processing of fissionable and fusionable materials or the materials from which they are derived, as well as to the trade therewith, to the maintenance and repair of equipment and systems in nuclear energy production facilities, to the transportation of those materials and the refuse and waste matter of their processing, to the use of ionising radiation, and on all other services relating to the use of nuclear energy for peaceful purposes (including engineering and consulting services and services relating to software etc.).
With respect to Investment liberalisation – Market access, National treatment:
In FR: These activities must respect the obligations of an Euratom Agreement.
Existing measures:
AT: Bundesverfassungsgesetz für ein atomfreies Österreich (Constitutional Act for a Non-nuclear Austria) BGBl. I Nr. 149/1999.
BG: Safe Use of Nuclear Energy Act.
FI: Ydinenergialaki (Nuclear Energy Act) (990/1987).
HU: Act CXVI of 1996 on Nuclear Energy; and
Government Decree Nr. 72/2000 on Nuclear Energy.
SE: The Swedish Environmental Code (1998:808); and Law on Nuclear Technology Activities (1984:3).
Reservation No. 23 - Other services not included elsewhere
Sector:
Other services not included elsewhere
Industry classification:
CPC 9703, part of CPC 612, part of CPC 621, part of CPC 625, part of 85990
Type of reservation:
Market access
National treatment
Senior management and boards of directors
Performance requirements
Local presence
Chapter:
Investment liberalisation and Cross-border trade in services
Description:
The EU reserves the right to adopt or maintain any measure with respect to the following:
(a) Funeral, cremation services and undertaking services (CPC 9703)
With respect to Investment liberalisation – Market access, National treatment:
In FI: Cremation services and operation/maintenance of cemeteries and graveyards can only be performed by the state, municipalities, parishes, religious communities or non-profit foundations or societies.
With respect to Investment liberalisation – Market access, National treatment, Senior management and boards of directors and Cross-border trade in services – Market access, National treatment, Local presence:
In DE: Only legal persons established under public law may operate a cemetery. The creation and operation of cemeteries and services related to funerals.
In PT: Commercial presence is required to provide funeral and undertaking services. EEA nationality is required in order to become a technical manager for entities providing funeral and undertaking services.
In SE: Church of Sweden or local authority monopoly on cremation and funeral services.
In CY, SI: Funeral, cremation and undertaking services.
Existing measures:
FI: Hautaustoimilaki (Act on Burial Service) (457/2003).
PT: Decree-Law 10/2015, of 16 January alterado p/ Lei 15/2018, 27 março.
SE: Begravningslag (1990:1144) (Act of Burials); Begravningsförordningen (1990:1147) (Ordinance of Burials).
(b) Other business-related services
With respect to Cross-border trade in services – Market access:
In FI: Require establishment in Finland or elsewhere in the EEA in order to provide electronic identification services.
Existing measures:
FI: Laki vahvasta sähköisestä tunnistamisesta ja sähköisistä luottamuspalveluista 617/2009 (Act on Strong Electronic Identification and Electronic Trust Services 617/2009).
(c) New services
With respect to Investment liberalisation – Market access, National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – Market access, National treatment, Local presence:
The EU: For the provision of new services other than those classified in the United Nations Provisional Central Product Classification (CPC), 1991.
Schedule of the United Kingdom
Reservation No. 1 – All sectors
Reservation No. 2 – Professional services (all professions except health related)
Reservation No. 3 – Professional services (health related and retail of pharmaceuticals)
Reservation No. 4 – Business services (collection agency services and credit reporting services)
Reservation No. 5 – Business services (placement services)
Reservation No. 6 – Business services (investigation services)
Reservation No. 7 – Business services (other business services)
Reservation No. 8 – Education services
Reservation No. 9 – Financial services
Reservation No. 10 – Health and social services
Reservation No. 11 – Recreational, cultural and sporting services
Reservation No. 12 – Transport services and auxiliary transport services
Reservation No. 13 – Fishing and water
Reservation No. 14 – Energy related activities
Reservation No. 15 – Other services not included elsewhere
Reservation No. 1 – All sectors
Sector:
All sectors
Type of reservation:
Market access
National treatment
Senior management and boards of directors
Performance requirements
Local presence
Obligations for Legal Services
Chapter/ Section:
Investment liberalisation, Cross-border trade in services and Regulatory framework for legal services
Description:
The UK reserves the right to adopt or maintain any measure with respect to the following:
(a) Commercial presence
With respect to Investment liberalisation – Market access:
Services considered as public utilities at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators.
Public utilities exist in sectors such as related scientific and technical consulting services, research and development (R&D) services on social sciences and humanities, technical testing and analysis services, environmental services, health services, transport services and services auxiliary to all modes of transport. Exclusive rights on such services are often granted to private operators, for instance operators with concessions from public authorities, subject to specific service obligations. Given that public utilities often also exist at the sub-central level, detailed and exhaustive sector-specific scheduling is not practical. This reservation does not apply to telecommunications and to computer and related services.
(b) Most-favoured-nation treatment
With respect to Investment liberalisation – Most favoured nation treatment and Cross-Border Trade in Services – Most favoured nation treatment and Regulatory Framework for Legal Services – Obligations:
According differential treatment pursuant to any international investment treaties or other trade agreement in force or signed prior to entry into force of this Agreement.
According differential treatment to a country pursuant to any existing or future bilateral or multilateral agreement which:
(i) creates an internal market in services and investment;
(ii) grants the right of establishment; or
(iii) requires the approximation of legislation in one or more economic sectors.
An internal market on services and establishment means an area without internal frontiers in which the free movement of services, capital and persons is ensured.
The right of establishment means an obligation to abolish in substance all barriers to establishment among the parties to the regional economic integration agreement by the entry into force of that agreement. The right of establishment shall include the right of nationals of the parties to the regional economic integration agreement to set up and operate enterprises under the same conditions provided for nationals under the law of the country where such establishment takes place.
The approximation of legislation means:
(i) the alignment of the legislation of one or more of the parties to the regional economic integration agreement with the legislation of the other party or parties to that agreement; or
(ii) the incorporation of common legislation into the law of the parties to the regional economic integration agreement.
Such alignment or incorporation shall take place, and shall be deemed to have taken place, only at such time that it has been enacted in the law of the party or parties to the regional economic integration agreement.
According differential treatment relating to the right of establishment to nationals or enterprises through existing or future bilateral agreements between the UK and any of the following countries or principalities: Andorra, Monaco, San Marino and the Vatican City State.
(c) Arms, ammunitions and war material
With respect to Investment liberalisation – Market access, National treatment, Most favoured nation treatment, Senior management and boards of directors, Performance requirements and Cross-Border Trade in Services – Market access, Local presence, National treatment, Most favoured nation treatment:
Production or distribution of, or trade in, arms, munitions and war material. War material is limited to any product which is solely intended and made for military use in connection with the conduct of war or defence activities.
Reservation No. 2 – Professional services (all professions except health related)
Sector– sub-sector:
Professional services - legal services, auditing services
Industry classification:
Part of CPC 861, part of 87902, part of 862
Type of reservation:
Market access
National treatment
Senior management and boards of directors
Local presence
Obligations for Legal Services
Chapter/ Section:
Investment liberalisation, Cross-border trade in services and Regulatory framework for legal services
Description:
(a) Legal services
With respect to Investment liberalisation – Market access, Senior management and boards of directors, National treatment, Cross-border trade in services – Market access, Local presence, National treatment and Regulatory framework – for legal services – Obligations:
The UK reserves the right to adopt or maintain any measure with respect to the supply of legal advisory and legal authorisation, documentation, and certification services provided by legal professionals entrusted with public functions, such as notaries, and with respect to services provided by bailiffs (part of CPC 861, part of 87902).
(b) Auditing services (CPC 86211, 86212 other than accounting and bookkeeping services)
With respect to Cross-border trade in services – Market access, Local presence, National treatment: