ANNEX E:

ENERGY SERVICES

SUMMARY

Both market access and regulatory issues must be addressed in trade negotiations. The agreement

on energy services should ensure the broadest possible market access commitments. Energy

services providers should have the opportunity to distribute their services through all four modes

of supply: cross border supply, purchase and consumption abroad, establishment of a commercial

presence, and through the temporary movement of natural persons. Classifications for energy

services should be flexible and cover the full array of commercial activities to encompass new

energy activities and technologies.

To ensure that energy services providers can use the best available technology, market access

should be allowed without regard for the technology used to provide the energy services. Energy

services providers should also be allowed to import, on a temporary duty free basis, tools of the

trade and equipment essential to the provision of those services.

Energy services companies should also have the right to the temporary entry of essential

personnel with highly specialized skills necessary to provide a covered service.

Southern Africa must adopt regulatory systems that provide:

Transparency in the formulation, promulgation and implementation of rules, regulations,

licenses, technical standards, and arbitration and judicial review;

Non discriminatory third party access to and interconnection with energy networks and

grids.

An independent regulatory authority separate from and not accountable to any supplier of

energy services.

Transparent, objective and timely procedures for the allocation of scarce network

resources, such as transmission capacity and rights of way.

The following letter from the Energy Services Coalition (ESC) explains the goals of this industry

in detail.

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