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 (ISIC Rev. 3.1 40, CPC 7131, 887 other than advisory and consultancy services).
In FR: The electricity and gas transmission systems and oil and gas pipeline transport (CPC 7131).
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – 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 liberalisation – National treatment and Cross-border trade in services – National 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 European 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 juridical person of the EEA.
With respect to Investment liberalisation – National treatment, Local presence:
In BE: With the exception of the mining of metal ores and other mining and quarrying, enterprises controlled by natural or juridical persons of a third country which accounts for more than 5 % 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) 2019/944 of the European Parliament and of the Council (8); and Directive 2009/73/EC of the European Parliament and of the Council (9).
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(I)/1975, as amended or replaced; and the Petroleum and Fuel Specifications Laws of 2003, as amended or replaced.
FI: Sähkömarkkinalaki (Electricity Market Act) (386/1995); and Maakaasumarkkinalaki (Natural Gas Market Act) (587/2017).
FR: Code de l'énergie.
PT: Decree-Law 230/2012 and Decree-Law 231/2012, 26 October 2012 – Natural Gas; Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October 2012 – Electricity; and Decree-Law 31/2006, 15 February 2006 – 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.
(b)
Electricity (ISIC Rev. 3.1 40, 401; CPC 62271, 887 (other than advisory and consulting services))
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – 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 % 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 liberalisation – National treatment and Cross-border trade in services – 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 liberalisation – National treatment, Most-favoured-nation treatment and Cross-border trade in services – Local presence:
In BE: An individual authorisation for the production of electricity of a capacity of 25 MW or above requires establishment in the European Union, or in another State which has a regime similar to that provided for by Directive (EU) 2019/944 in place, and where the company has an effective and continuous link with the economy.
The production of electricity within the offshore territory of BE is subject to concession and a joint venture obligation with a juridical person of the European Union, or with a juridical person of a country having a regime similar to that provided for by Directive (EU) 2019/944, particularly with regard to conditions relating to the authorisation and selection.
Additionally, the juridical person should have its central administration or its head office in a Member State 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 – 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 juridical person of the EEA.
Existing measures:
BE: Arrêté Royal du 11 octobre 2000 fixant les critères et la procédure d'octroi des autorisations individuelles préalables à la construction de lignes directes; Arrêté Royal du 20 décembre 2000 relatif aux conditions et à la procédure d'octroi des concessions domaniales pour la construction et l'exploitation d'installations de production d'électricité à 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 Arrêté Royal du 12 mars 2002 relatif aux modalités de pose de câbles d'énergie électrique qui pénètrent dans la mer territoriale ou dans le territoire national ou qui sont installés ou utilisés dans le cadre de l'exploration du plateau continental, de l'exploitation des ressources minérales et autres ressources non vivantes ou de l'exploitation d'îles artificielles, d'installations ou d'ouvrages relevant de la juridiction belge; Arrêté royal relatif aux autorisations de fourniture d'électricité par des intermédiaires et aux règles de conduite applicables à ceux-ci; and Arrêté 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: Sähkömarkkinalaki (Electricity Market Act) (588/2013); and 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 2012 – 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 – National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – 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 juridical persons for energy security reasons.
In FR: Only companies where 100 % 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 liberalisation – National treatment and Cross-border trade in services – Local presence:
In BE: For bulk storage services of gas, regarding the types of legal entities and the treatment of public or private operators to whom BE has conferred exclusive rights. Establishment is required within the European 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 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, 7422).
With respect to Cross-border trade in services – 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:
(i)
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 2009/73/EC of the European Parliament and of the Council (10); and
(ii)
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 2009/73/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 BE 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 juridical persons of the European Union.
With respect to Cross-border trade in services – 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, 62271, 63297, 7131, 742).
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) (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 2012 – Natural Gas; Decree-Law 215-A/2012, and Decree-Law 215-B/2012, 8 October 2012 – Electricity; and Decree-Law 31/2006, 15 February 2006 – Crude oil/Petroleum products.
(d)
Nuclear (ISIC Rev. 3.1 12, 23, 120, 1200, 233, 2330, 40, part of 4010, CPC 887)
With respect to Investment liberalisation – National treatment, Senior management and boards of directors and Cross-border trade in services – 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 – National treatment and Cross-border trade in services – 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 – 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 – 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 thereof, 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 – National treatment:
In FR: The manufacturing, production, processing, generation, distribution or transportation of nuclear material must respect the obligations of a 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. 22 – Other services not included elsewhere
Sector:
Other services not included elsewhere
Industry classification:
CPC 9703, part of 612, part of 621, part of 625, part of 85990
Type of reservation:
National treatment
Senior management and board 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 – 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 – National treatment, Senior management and boards of directors and Cross-border trade in services – National treatment, Local presence:
In DE: Only juridical 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); and Begravningsförordningen (1990:1147) (Ordinance of Burials).
(b)
New services
With respect to Investment liberalisation – National treatment, Senior management and boards of directors, Performance requirements and Cross-border trade in services – National treatment, Local presence:
In EU: For the provision of new services other than those classified in the CPC.
(1) OJ EC L 1, 3.1.1994, p. 3.
(2) Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (OJ EU L 131, 28.5.2009, p. 11).
(3) Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (OJ EU L 343 14.12.2012, p. 32).
(4) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ EU L 300, 14.11.2009, p. 51).
(5) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ EU L 300, 14.11.2009, p. 72).
(6) Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ EU L 300 14.11.2009, p. 88).
(7) With regard to Austria the part of the most-favoured-nation treatment exemption regarding traffic rights covers all countries with which bilateral agreements on road transport or other arrangements relating to road transport exist or may be considered in future.
(8) Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ EU L 158, 14.6.2019, p. 125).
(9) 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 EU L 211, 14.8.2009, p. 94).
(10) 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 EU L 211, 14.8.2009, p. 94).
Appendix 17-B-2. SCHEDULE OF CHILE
Sector:
All
Sub-Sector:
Obligations Concerned:
National treatment (Investment)
Most-favoured-nation treatment (Investment)
Description:
Investment
Chile reserves the right to adopt or maintain any measure relating to the ownership or control of land within five kilometres of the coastline that is used for agricultural activities. Such measure could include a requirement that the majority of each class of stock of a Chilean juridical person that seeks to own or control such land be held by Chilean persons or by persons residing in Chile for 183 days or more per year.
Existing Measures:
Decree Law 1.939, Official Gazette, 10 November 1977, Rules for acquisition, administration and disposal of State-owned assets, Title I (Decreto Ley 1.939, Diario Oficial, noviembre 10, 1977, Normas sobre adquisición, administración y disposición de bienes del Estado, Título I)
Sector:
All
Sub-Sector:
Obligations Concerned:
National treatment (Investment)
Senior management and boards of directors (Investment)
Description:
Investment
In the transfer or disposal of any interest in stock or asset held in an existing state enterprise or governmental entity, Chile reserves the right to prohibit or impose limitations on the ownership of that interest or asset and on the right of foreign investors or their investments to control any State company created thereby or investments made by the same. In connection with any such transfer or disposal, Chile may adopt or maintain any measure related to the nationality of senior management and members of the board of directors.
A ‘State company’ (1) means any company owned or controlled by Chile by means of an interest share in the ownership thereof, and includes any company created after the date of entry into force of this Agreement for the sole purpose of selling or disposing of its interest share in the capital or assets of an existing state company or governmental entity.