number of and impact on existing establishments; population density; geographic spread and

creation of new employment (CPC 741).

Measures:

EL: Code of Public Maritime Law (Legislative Decree 187/1973).

IT: Shipping Code;

Law 84/1994;

Ministerial decree 585/1995; and

Rail transport and auxiliary services to rail transport (CPC 711, 743).

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With respect to Investment liberalisation — Market access, National treatment and Cross-border

trade in services — Market access, National treatment:

In BG: Only nationals of a Member State may provide rail transport or supporting services for rail

transport in Bulgaria. A licence to carry out passenger or freight transportation by rail is issued by

the Minister of Transport to railway operators registered as traders (CPC 711, 743).

Measures:

BG: Law for Railway Transport, Articles. 37 and 48.

With respect to Investment liberalisation — Market access:

In LT: Exclusive rights for the provision of transit services are granted to railway undertakings which are owned, or whose stock is 100 % owned, by the state (CPC 711).

Measures:

LT: Railway transport Code of the Republic of Lithuania of 22 April 2004 No. IX-2152 as amended by 8 June 2006 No. X-653; and

Road transport and services auxiliary to road transport (CPC 712, 7121, 7122, 71222, 7123).

EU/NZ/Annex 10-A/en 199

With respect to Investment liberalisation — Market access, National treatment and Cross-border

trade in services — Market access, National treatment:

In AT: (with respect also to Most-favoured-nation treatment): For passenger and freight

transportation, exclusive rights or authorisation may only be granted to nationals of the Contracting

Parties of the EEA and to juridical persons of the Union having their headquarters in Austria.

Licences are granted on non— discriminatory terms, on condition of reciprocity (CPC 712).

Measures:

AT: Giiterbeférderungsgesetz (Goods Transportation Act), BGB1. Nr. 593/1995; § 5;

Gelegenheitsverkehrsgesetz (Occasional Traffic Act), BGBI. Nr. 112/1996; § 6; and

Kraftfahrliniengesetz (Law on Scheduled Transport), BGBI. I Nr. 203/1999 as amended, §§ 7 and 8.

With respect to Investment liberalisation — National treatment, Most-favoured-nation treatment and

Cross-border trade in services — National treatment, Most-favoured-nation treatment: In EL: For operators of road freight transport services: in order to engage in the occupation of road

freight transport operator, a Hellenic licence is needed. Licences are granted on non-discriminatory

terms, on condition of reciprocity (CPC 7123).

EU/NZ/Annex 10-A/en 200

Measures:

EL: Licensing of road freight transport operators: Greek law 3887/2010 (Government Gazette A’ 174), as amended by Article 5 of law 4038/2012 (Government Gazette A’ 14).

With respect to Investment liberalisation — Market access:

In IE: Economic needs test for intercity bussing services. Main criteria: number of and impact on existing establishments; population density; geographical spread; impact on traffic conditions and creation of new employment (CPC 7121, CPC 7122).

In MT: Taxis: Numerical restrictions on the number of licences apply.

Karrozzini (horse drawn carriages): Numerical Restrictions on the number of licences apply (CPC 712).

In PT: Economic needs test for limousine services. Main criteria: number of and impact on existing

establishments; population density; geographic spread; impact on traffic conditions and creation of new employment (CPC 71222).

EU/NZ/Annex 10-A/en 201

Measures:

IE: Public Transport Regulation Act 2009.

MT: Taxi Services Regulations (SL499.59).

PT: Decree-Law 41/80, August 21.

With respect to Investment liberalisation — Market access and Cross-border trade in services — Local

presence:

In CZ: Incorporation in the Czechia is required (no branches).

Measures:

CZ: Act No. 111/1994 Coll., on Road Transport.

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With respect to Investment liberalisation — Market access, National treatment, Most-favoured- nation treatment and Cross-border trade in services — Market access, National treatment, Most- favoured-nation treatment:

In SE: In order to engage in the occupation of road transport operator, a Swedish licence is needed. Criteria for receiving a taxi licence include that the company has appointed a natural person to act as the transport manager (a de facto residency requirement — see the Swedish reservation on types of establishment).

Criteria for receiving a licence for other road transport operators require that the company be established in the Union, have an establishment situated in Sweden and have appointed a natural person to act as the transport manager, who must be resident in the Union.

Measures:

SE: Yrkestrafiklag (2012:210) (Act on professional traffic);

Yrkestrafikf6rordning (2012:237) (Government regulation on professional traffic);

Taxitrafiklag (2012:211) (Act on Taxis); and

Taxitrafikférordning (2012:238) (Government regulation on taxis).

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With respect to Cross-border trade in services — Local presence:

In SK: Provision of road transport services requires incorporation or residency in a Member State.

Measures:

SK: Act 56/2012 Coll. on Road Transport; and

Services auxiliary to air transport services.

With respect to Investment liberalisation — Market access, National treatment:

In PL: For storage services of frozen or refrigerated goods and bulk storage services of liquids or

gases at airports, the possibility to supply certain categories of services will depend on the size of

the airport. The number of suppliers in each airport may be limited due to available space

constraints, and to not less than two suppliers for other reasons.

Measures:

PL: Polish Aviation Law of 3 July 2002, Articles 174.2 and 174.3.

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With respect to Investment liberalisation — Market access, National treatment, Most-favoured- nation treatment and Cross-border trade in services — Market access, National treatment, Most-

favoured-nation treatment:

In the EU: For ground-handling services, establishment within the Union territory may be required. The level of openness of ground-handling services depends on the size of the airport. The number of suppliers in each airport may be limited. For "big airports", this limit may not be less than two suppliers. Reciprocity is required.

Measures:

EU: Council Directive 96/67/EC!.

In BE (applies also to the regional level of government): For ground-handling services, reciprocity

is required. Measures:

BE: Arrété Royal du 6 novembre 2010 réglementant l'accés au marché de I'assistance en escale a l'aéroport de Bruxelles-National (Article 18);

1 Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ EU L 272, 25.10.1996, p. 36).

EU/NZ/Annex 10-A/en 205

Besluit van de Vlaamse Regering betreffende de toegang tot de grondafhandelingsmarkt op de Vlaamse regionale luchthavens (Article 14);

Arrété du Gouvernement wallon réglementant l'accés au marché de l'assistance en escale aux

aéroports relevant de la Région wallonne (Article14); and Supporting services for all modes of transport (part of CPC 748). With respect to Cross-border trade in services — Local presence:

The EU (applies also to the regional level of government): Customs clearance services may only be

provided by Union residents or juridical persons established in the Union. Measures: EU: Regulation (EU) No 952/2013 of the European Parliament and of the Council!; and

Provision of combined transport services (CPC 711, 712, 7212, 741, 742, 743, 744, 745, 748, 749).

1 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ EU L 269, 10.10.2013, p. 1).

EU/NZ/Annex 10-A/en 206

With respect to Investment liberalisation — Market access and Cross-border trade in services — Local

presence:

The EU (applies also to the regional level of government): With the exception of FI: only hauliers established in a Member State who meet the conditions of access to the occupation and access to the market for transport of goods between Member States may, in the context of a combined transport operation between Member States, carry out initial or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a

frontier. Limitations affecting any given modes of transport apply.

Necessary measures may be taken to ensure that the motor vehicle taxes applicable to road vehicles

routed in combined transport are reduced or reimbursed. Measures:

EU: Council Directive 92/106/EEC!.

1 Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ EU L 368, 17.12.1992, p. 38).

EU/NZ/Annex 10-A/en 207

Reservation No. 17 — Mining and energy-related activities

Sector — sub-sector:

Industry classification:

Obligations concerned:

Chapter Chapter: Level of Government:

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

Market access

National treatment

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 208

Description:

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 — Market access:

In NL: The exploration for and exploitation of hydrocarbons in the Netherlands is always performed jointly by a private company and the public (limited) company designated by the Minister of Economic Affairs. Articles 81 and 82 of the Mining Act stipulate that all shares in a designated company must be directly or indirectly held by the Dutch State

(ISIC Rev. 3.1 10, 3.1 11, 3.1 12, 3.1 13, 3.1 14).

In BE: The exploration for and exploitation of mineral resources and other non-living

resources in territorial waters and the continental shelf are subject to concession. The

concessionaire must have an address for service in Belgium (ISIC Rev. 3.1:14).

EU/NZ/Annex 10-A/en 209

In IT (applies also to the regional level of government for exploration): Mines belonging to the State are subject to specific exploration and mining rules. Prior to any exploitation activity, a permit for exploration is required (permesso di ricerca, Article 4 Royal

Decree 1447/1927). This permit has a duration and defines exactly the borders of the ground under exploration. More than one exploration permit may be granted for the same area to different persons or companies (this type of licence is not necessarily exclusive). In order to cultivate and exploit minerals, an authorisation (concessione, Article 14) from the regional authority is required (ISIC Rev. 3.1 10, 3.1 11, 3.1 12, 3.1 13, 3.1 14, CPC 8675, 883).

Measures

BE: Arrété Royal du ler septembre 2004 relatif aux conditions, 4 la délimitation géographique et 4 la procédure d'octroi des concessions d'exploration et d'exploitation des ressources minérales et autres ressources non vivantes de la mer territoriale et du plateau

continental.

IT: Exploration services: Royal Decree 1447/1927; and Legislative Decree 112/1998, Article 34.

NL: Mijnbouwwet (Mining Act).

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With respect to Investment liberalisation — Market access, National treatment, Most-favoured-

nation treatment:

In BG: The activities of prospecting or exploration of underground natural resources in 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.

EU/NZ/Annex 10-A/en 211

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 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.