According to the 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 Rev. 3.1 10, 3.1 11, 3.112, 3.1 13, 3.1 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 Preferential Tax Treatment
Jurisdictions, the Persons Controlled Thereby and Their Beneficial Owners Act; and
Subsurface Resources Act.
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With respect to Investment liberalisation â Market access, National treatment, Most-favoured-
nation treatment:
In CY: The Council of Ministers may refuse to allow the activities of prospecting, exploration and exploitation of hydrocarbons to be carried out by any entity which is effectively controlled by New Zealand or by nationals of New Zealand. After the granting of an authorisation, no entity may come under the direct or indirect control of New Zealand or a national of New Zealand 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 New Zealand or by a national of New Zealand if New Zealand does not grant entities of the Republic of Cyprus 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 of Cyprus or Member State grants entities of New Zealand (ISIC Rev 3.1 1110).
Measures:
CY: The Hydrocarbons (Prospection, Exploration and Exploitation Law) of 2007, (Law 4(1/2007) as amended.
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With respect to Investment liberalisation â Market access, National treatment and
Cross-border trade in 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 the 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 prospecting, exploration or extraction of oil and gas, as well as prior approval by local referendum in the case of nuclear or radioactive mineral resources. This does not increase the non-conforming aspects of the existing measure for which the reservation is taken. (ISIC 10, 11, 12, 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.
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With respect to Investment liberalisation â Market access and 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 juridical person established in the EEA. An economic needs test may apply (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 Licence 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).
In LT: All subsurface mineral resources (energy, metals, industrial and construction minerals) in Lithuania are of exclusive state-ownership. Licences of geological exploration or exploitation of mineral resources may be granted to a natural person resident in the Union and
in the EEA or a juridical person established in the Union and in the EEA.
EU/NZ/Annex 10-A/en 215
Measures
FI: Kaivoslaki (Mining Act) (621/2011); and
Ydinenergialaki (Nuclear Energy Act) (990/1987).
IE: 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; and
The Underground Law No. I-1034, 1995, new redaction from 10 of April 2001 No. [X-243, last amendment 14 of April 2016 No XH-2308.
With respect only to Investment â Market access, National treatment and Most-favoured-
nation 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 country, or of a third country on condition of material reciprocity. Compliance with the condition of reciprocity is verified by the Ministry responsible for mining (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).
EU/NZ/Annex 10-A/en 216
(b)
Measures:
SE Mining Act 2014.
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 Rev. 3.1 40, 3.1 401, CPC 63297, 713, part of 742, 74220, 887)
With respect to Investment liberalisation â Market access:
In DK: An owner or user intending to establish gas infrastructure or a pipeline for the transport of crude or refined petroleum and petroleum products, or of natural gas, must obtain a permit from the local authority before commencing work. The number of such permits which are issued may be limited (CPC 7131).
In MT: EneMalta ple has a monopoly for the provision of electricity (ISIC Rev. 3.1 401; CPC 887).
In NL: The ownership of the electricity network and the gas pipeline network are exclusively
granted to the Dutch government (transmission systems) and other public authorities (distribution systems) (ISIC Rev. 3.1 040, CPC 71310).
EU/NZ/Annex 10-A/en 217
Measures:
DK: Lov om naturgasforsyning, LBK 1127 05/09/2018, lov om varmeforsyning,
LBK 64 21/01/2019, lov om Energinet, LBK 997 27/06/2018. Bekendtggrelse nr. 1257
af 27. november 2019 om indretning, etablering og drift af olietanke, rgrsystemer og pipelines (Order No. 1257 of November 27th, 2019, on the arrangement, establishment and operation of oil tanks, piping systems and pipelines)
MT: EneMalta Act Cap. 272 and EneMalta (Transfer of Assets, Rights, Liabilities & Obligations) Act Cap. 536.
NL: Elektriciteitswet 1998; Gaswet.
With respect to Investment liberalisation â Market access, 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 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 activities performed by a balance responsible party (a market participant or its chosen representative responsible for its imbalance), authorisation is only granted to Austrian citizens
or citizens of another Member State or the EEA.
EU/NZ/Annex 10-A/en 218
The competent authority may waive the nationality and domiciliation requirements if
operation of the gas transportation network is considered to be in the public interest.
For the transportation of goods other than gas and water, the following applies:
@) with regard to natural persons, authorisation is only granted to nationals of a Member State of the EEA 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 are required 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; and
Gaswirtschaftsgesetz 2011 (Gas Act), BGBI. I Nr. 107/2011 as amended, §§ 43, 44, 90, 93.
EU/NZ/Annex 10-A/en 219
With respect to Investment liberalisation â Market access, National treatment, Senior management and boards of directors and Cross-border trade in services â National treatment,
Local presence (applies only to the regional level of government):
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 appoints a managing director or a leaseholder, the domicile requirement is waived. Juridical 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, LGBI1. Nr. 59/2006 as amended;
Niederdsterreichisches Elektrizitaétswesengesetz, LGBI. Nr. 7800/2005 as amended;
EU/NZ/Annex 10-A/en 220
Oberisterreichisches Elektrizitatswirtschafts- und Organisationsgesetz 2006, LGBL. Nr. 1/2006 as amended;
Salzburger Landeselektrizititsgesetz 1999 (LEG), LGBI. Nr. 75/1999 as amended;
Tiroler Elektrizitaétsgesetz 2012 â TEG 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 Elektrizitaétswirtschafts- und Organisationsgesetz (ELWOG), LGBL. Nr. 70/2005 as amended; and
K&rntner Elektrizitétswirtschafts- und Organisationsgesetz (ELWOG), LGBI. Nr. 24/2006 as
amended.
EU/NZ/Annex 10-A/en 221
With respect to Investment liberalisation â Market access and Cross-border trade in services â
Local presence:
In CZ: Authorisation is required for electricity generation, transmission, distribution, trading, and other electricity market operator activities, as well as gas generation, transmission, distribution, storage and trading, heat generation and distribution. Such authorisation may only be granted to a natural person with a residence permit or a juridical person established in the European Union. Exclusive rights exist with regard to electricity and gas transmission and market operator licences (ISIC Rev. 3.1 40, CPC 7131, 63297, 742, 887).
In LT: Licences for transmission, distribution, public supply and organising of trade of electricity may only be issued to juridical persons established in the Republic of Lithuania or branches of foreign juridical persons or other organisations of another Member State established in the Republic of Lithuania. 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 juridical persons established in the Republic of Lithuania, or to branches of juridical persons or other organisations of other 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).
EU/NZ/Annex 10-A/en 222
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 juridical persons established in the Republic of Lithuania or branches of juridical persons or other organisations (subsidiaries) of another Member State established in the Republic of Lithuania.
This reservation does not apply to consultancy services related to the transmission and distribution of fuels on a fee or contract basis (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 a total capacity of not more than 50 MW other than renewable energy sources; cogeneration of electricity and heat using sources of total capacity of not more than 5 MW other than renewable energy
sources; and generation of heat using sources of 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 (LNG) at LNG installations, as well as the storage of liquid fuels, except for: the local storage of liquid gas at installations of capacity of less than 1 MJ/s capacity and the storage of liquid fuels in retail trade;
EU/NZ/Annex 10-A/en 223
Gii) 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; and
(iv) trade in fuels or energy, except for: trade in solid fuels; trade in electricity using installations of voltage lower than 1 kV owned by the customer; trade in gaseous fuels if their annual turnover value does not exceed the equivalent of EUR 100 000; trade in liquid gas, if the annual turnover value does not exceed EUR 10 000; and 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 trade in heat if the capacity ordered by 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).
EU/NZ/Annex 10-A/en 224
LT: Law on Natural Gas of the Republic of Lithuania of 10 October 2000 No VIH-1973, new redaction from 1 August 2011 No XI-1564, last amendment 25 June 2020 No. XII-3140;
Law on Electricity of the Republic of Lithuania of 20 July 2000 No VIH-1881, new redaction from 7 February 2012, last amendment 20 of October 2020 No. XIH-3336;
Republic of Lithuania Law on Necessary Measures of Protection against the Threats Posed by
Unsafe Nuclear Power Plants in Third Countries of 20 April 2017 No XTII-306, last
amendment on 19 December 2019 No. XIII-2705; and
Law on Renewable energy sources of the Republic of Lithuania of 12 May 2011 No. XI-1375.
PL: Energy Law Act of 10 April 1997, Articles 32 and 33.
With respect to Cross-border trade in services â Local presence:
In SE 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.
EU/NZ/Annex 10-A/en 225
Reservation No. 18 â Agriculture, fishing and manufacturing
Sector â sub-sector:
Industry classification:
Obligations concerned:
Chapter Chapter: Level of Government:
Agriculture, hunting, forestry; animal and reindeer husbandry, fishing and aquaculture; publishing, printing and reproduction of recorded
media
ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, 050, 0501, 0502, 221, 222, 323, 324, CPC 881, 882, 88442
Market access
National treatment
Most-favoured-nation treatment
Performance requirements
Senior management and boards of directors
Local presence
Trade in services and investment
EU / Member State (unless otherwise specified)
EU/NZ/Annex 10-A/en 226
Description:
a)
Agriculture, hunting and forestry (ISIC Rev. 3.1 011, 012, 013, 014, 015, 1531, CPC 881)
With respect to Investment liberalisation â Performance requirements:
The EU: Intervention agencies designated by the Member States are required to buy cereals which have been harvested in the Union. No export refund will be granted on rice imported from and re-exported to any third country. Only Union rice producers may claim
compensatory payments.