Displaying 1 - 82 of 82

Paragraphs in "Energy Charter Treaty" coded as SECF

Label Provision
Art.7 Article 7
Art.7.1 1) Each Contracting Party shall take the necessary measures to facilitate the Transit of Energy Materials and Products consistent with the principle of freedom of transit and without distinction as to the origin, destination or ownership of such Energy Materials and Products or discrimination as to pricing on the basis of such distinctions, and without imposing any unreasonable delays, restrictions or charges.
Art.7.2 2) Contracting Parties shall encourage relevant entitles to cooperate in:
Art.7.2.a a) modernizing Energy Transport Facilities necessary to the Transit of Energy Materials and Products;
Art.7.2.b b) the development and operation of Energy Transport Facilities serving the Areas of more than one Contracting Party;
Art.7.2.c c) measures to mitigate the effects of interruptions in the supply of Energy Materials and Products;
Art.7.2.d d) facilitating the interconnection of Energy Transport Facilities.
Art.7.3 3) Each Contracting Party undertakes that its provisions relating to transport of Energy Materials and Products and the use of Energy Transport Facilities shall treat Energy Materials and Products in Transit in no less favourable a manner than its provisions treat such materials and products originating in or destined for its own Area, unless an existing international agreement provides otherwise.
Art.7.4 4) In the event that Transit of Energy Materials and Products cannot be achieved on commercial terms by means of Energy Transport Facilities the Contracting Parties shall not place obstacles in the way of new capacity being established, except as may be otherwise provided in applicable legislation which is consistent with paragraph 1).
Art.7.5 5) A Contracting Party through whose Area Energy Materials and Products may transit shall not be obliged to
Art.7.5.a a) permit the construction or modification of Energy Transport Facilities; or
Art.7.5.b b) permit new or additional Transit through existing Energy Transport Facilities,
Art.7.5.cx which it demonstrates to the other Contracting Parties concerned would endanger the security or efficiency of its energy systems, including the security of supply.
Art.7.5.dx Contracting Parties shall, subject to paragraphs 6) and 7), secure established flows of Energy Materials and Products to, from or between the Areas of other Contracting Parties.
Art.7.6 6) A Contracting Party through whose Area Energy Materials and Products transit shall not, in the event of a dispute over any matter arising from that Transit, interrupt or reduce, permit any entity subject to its control to interrupt or reduce, or require any entity subject to its jurisdiction to interrupt or reduce the existing flow of Energy Materials and Products prior to the conclusion of the dispute resolution procedures set out in paragraph 7), except where this is specifically provided for in a contract or other agreement governing such Transit or permitted in accordance with the conciliator's decision.
Art.7.7 7) The following provisions shall apply to a dispute described in paragraph 6), but only following the exhaustion of all relevant contractual or other dispute resolution remedies previously agreed between the Contracting Parties party to the dispute or between any entity referred to in paragraph 6) and an entity of another Contracting Party party to the dispute:
Art.7.7.a a) A Contracting Party party to the dispute may refer it to the Secretary-General by a notification summarizing the matters in dispute. The Secretary-General shall notify all Contracting Parties of any such referral.
Art.7.7.b b) Within 30 days of receipt of such a notification, the Secretary-General, in consultation with the parties to the dispute and the other Contracting Parties concerned, shall appoint a conciliator. Such a conciliator shall have experience in the matters subject to dispute and shall not be a national or citizen of or permanently resident in a party to the dispute or one of the other Contracting Parties concerned.
Art.7.7.c c) The conciliator shall seek the agreement of the parties to the dispute to a resolution thereof or upon a procedure to achieve such resolution. If within 90 days of his appointment he has failed to secure such agreement, he shall recommend a resolution to the dispute or a procedure to achieve such resolution and shall decide the interim tariffs and other terms and conditions to be observed for Transit from a date which he shall specify until the dispute is resolved.
Art.7.7.d d) The Contracting Parties undertake to observe and ensure that the entities under their control or jurisdiction observe any interim decision under subparagraph c) on tariffs, terms and conditions for 12 months following the conciliator's decision or until resolution of the dispute, whichever is earlier.
Art.7.7.e e) Notwithstanding subparagraph b) the Secretary-General may elect not to appoint a conciliator if in his judgement the dispute concerns Transit that is or has been the subject of the dispute resolution procedures set out in subparagraphs a) to d) and those proceedings have not resulted in a resolution of the dispute.
Art.7.7.f f) The Charter Conference shall adopt standard provisions concerning the conduct of conciliation and the compensation of conciliators.
Art.7.8 8) Nothing in this Article shall derogate from a Contracting Party's rights and obligations under international law including customary international law, existing bilateral or multilateral agreements, including rules concerning submarine cables and pipelines.
Art.7.9 9) This Article shall not be so interpreted as to oblige any Contracting Party which does not have a certain type of Energy Transport Facilities used for Transit to take any measure under this Article with respect to that type of Energy Transport Facilities. Such a Contracting Party is, however, obliged to comply with paragraph 4).
Art.7.10 10) For the purposes of this Article:
Art.7.10.a a) "Transit" means
Art.7.10.a.i i) the carriage through the Area of a Contracting Party, or to or from port facilities in its Area for loading or unloading, of Energy Materials and Products originating in the Area of another state and destined for the Area of a third state, so long as either the other state or the third state is a Contracting Party; or
Art.7.10.a.ii ii) the carriage through the Area of a Contracting Party of Energy Materials and Products originating in the Area of another Contracting Party and destined for the Area of that other Contracting Party, unless the two Contracting Parties concerned decide otherwise and record their decision by a joint entry in Annex N. The two Contracting Parties may delete their listing in Annex N by delivering a joint written notification of their intentions to the Secretariat, which shall transmit that notification to all other Contracting Parties. The deletion shall take effect four weeks after such former notification.
Art.7.10.b b) "Energy Transport Facilities" consist of high-pressure gas transmission pipelines, high-voltage electricity transmission grids and lines, crude oil transmission pipelines, coal slurry pipelines, oil product pipelines, and other fixed facilities specifically for handling Energy Materials and Products.
Art.20 Article 20
Art.20.1 1) Laws, regulations, judicial decisions and administrative rulings of general application which affect trade in Energy Materials and Products are, in accordance with Article 292)a), among the measures subject to the transparency disciplines of the GATT and relevant Related Instruments.
Art.20.2 2) Laws, regulations, judicial decisions and administrative rulings of general application made effective by any Contracting Party, and agreements in force between Contracting Parties, which affect other matters covered by this Treaty shall also be published promptly in such a manner as to enable Contracting Parties and Investors to become acquainted with them. The provisions of this paragraph shall not require any Contracting Party to disclose confidential information which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of any Investor.
Art.20.3 3) Each Contracting Party shall designate one or more enquiry points to which requests for information about the abovementioned laws, regulations, judicial decisions and administrative rulings may be addressed and shall communicate promptly such designation to the Secretariat which shall make it available on request.
Art.29 Article 29
Art.29.1 1) The provisions of this Article shall apply to trade in Energy Materials and Products while any Contracting Party is not a party to the GATT and Related Instruments.
Art.29.2.a 2) a) Trade in Energy Materials and Products between Contracting Parties at least one of which is not a party to the GATT or a relevant Related Instrument shall be governed, subject to subparagraphs b) and c) and to the exceptions and rules provided for in Annex G, by the provisions of GATT 1947 and Related Instruments, as applied on 1 March 1994 and practised with regard to Energy Materials and Products by parties to GATT 1947 among themselves, as if all Contracting Parties were parties to GATT 1947 and Related Instruments.
Art.29.2.b b) Such trade of a Contracting Party which is a state that was a constituent part of the former Union of Soviet Socialist Republics may instead be governed, subject to the provisions of Annex TFU, by an agreement between two or more such states, until 1 December 1999 or the admission of that Contracting Party to the GATT, whichever is the earlier.
Art.29.2.c c) As concerns trade between any two parties to the GATT, subparagraph a) shall not apply if either of those parties is not a party to GATT 1947.
Art.29.3 3) Each signatory to this Treaty, and each state or Regional Economic Integration Organization acceding to this Treaty, shall on the date of its signature or of its deposit of its instrument of accession provide to the Secretariat a list of all tariff rates and other charges levied on Energy Materials and Products at the time of importation or exportation, notifying the level of such rates and charges applied on such date of signature or deposit. Any changes to such rates or other charges shall be notified to the Secretariat, which shall inform the Contracting Parties of such changes.
Art.29.4 4) Each Contracting Party shall endeavour not to increase any tariff rate or other charge levied at the time of importation or exportation:
Art.29.4.a a) in the case of the importation of Energy Materials and Products described in Part I of the Schedule relating to the Contracting Party referred to in article II of the GATT, above the level set forth in that Schedule, if the Contracting Party is a party to the GATT;
Art.29.4.b b) in the case of the exportation of Energy Materials and Products, and that of their importation if the Contracting Party is not a party to the GATT, above the level most recently notified to the Secretariat, except as permitted by the provisions made applicable by subparagraph 2)a).
Art.29.5 5) A Contracting Party may increase such tariff rate or other charge above the level referred to in paragraph 4) only if:
Art.29.5.a a) in the case of a rate or other charge levied at the time of importation, such action is not inconsistent with the applicable provisions of the GATT other than those provisions of GATT 1947 and Related Instruments listed in Annex G and the corresponding provisions of GATT 1994 and Related Instruments; or
Art.29.5.b b) it has, to the fullest extent practicable under its legislative procedures, notified the Secretariat of its proposal for such an increase, given other interested Contracting Parties reasonable opportunity for consultation with respect to its proposal, and accorded consideration to any representations from such Contracting Parties.
Art.29.6 6) Signatories undertake to commence negotiations not later than 1 January 1995 with a view to concluding by 1 January 1998, as appropriate in the light of any developments in the world trading system, a text of an amendment to this Treaty which shall, subject to conditions to be laid down therein, commit each Contracting Party not to increase such tariffs or charges beyond the level prescribed under that amendment.
Art.29.7 7) Annex D shall apply to disputes regarding compliance with provisions applicable to trade under this Article and, unless both Contracting Parties agree otherwise, to disputes regarding compliance with Article 5 between Contracting Parties at least one of which is not a party to the GATT, except that Annex D shall not apply to any dispute between Contracting Parties, the substance of which arises under an agreement that:
Art.29.7.a a) has been notified in accordance with and meets the other requirements of subparagraph 2)b) and Annex TFU; or
Art.29.7.b b) establishes a free-trade area or a customs union as described in article XXIV of the GATT.
Art.32 Article 32
Art.32.1 1) In recognition of the need for time to adapt to the requirements of a market economy, a Contracting Party listed in Annex T may temporarily suspend full compliance with its obligations under one or more of the following provisions of this Treaty, subject to the conditions in paragraphs 3) to 6):
Art.32.1.ax Article 62) and 5)
Art.32.1.bx Article 74)
Art.32.1.cx Article 91)
Art.32.1.dx Article 107) - specific measures
Art.32.1.ex Article 141)d) - related only to transfer of unspent earnings
Art.32.1.fx Article 203)
Art.32.1.gx Article 221) and 3)
Art.32.2 2) Other Contracting Parties shall assist any Contracting Party which has suspended full compliance under paragraph 1) to achieve the conditions under which such suspension can be terminated. This assistance may be given in whatever form the other Contracting Parties consider most effective to respond to the needs notified under subparagraph 4)c) including, where appropriate, through bilateral or multilateral arrangements.
Art.32.3 3) The applicable provisions, the stages towards full implementation of each, the measures to be taken and the date or, exceptionally, contingent event, by which each stage shall be completed and measure taken are listed in Annex T for each Contracting Party claiming transitional arrangements. Each such Contracting Party shall take the measure listed by the date indicated for the relevant provision and stage as set out in Annex T. Contracting Parties which have temporarily suspended full compliance under paragraph (1) undertake to comply fully with the relevant obligations by 1 July 2001. Should a Contracting Party find it necessary, due to exceptional circumstances, to request that the period of such temporary suspension be extended or that any further temporary suspension not previously listed in Annex T be introduced, the decision on a request to amend Annex T shall be made by the Charter Conference.
Art.32.4 4) A Contracting Party which has invoked transitional arrangements shall notify the Secretariat no less often than once every 12 months:
Art.32.4.a a) of the implementation of any measures listed in its Annex T and of its general progress to full compliance;
Art.32.4.b b) of the progress it expects to make during the next 12 months towards full compliance with its obligations, of any problem if foresees and of its proposals for dealing with that problem;
Art.32.4.c c) of the need for technical assistance to facilitate completion of the stages set out in Annex T as necessary for the full implementation of this Treaty, or to deal with any problem notified pursuant to subparagraph b) as well as to promote other necessary market-oriented reforms and modernization of its energy sector;
Art.32.4.d d) of any possible need to make a request of the kind referred to in paragraph 3).
Art.32.5 5) The Secretariat shall:
Art.32.5.a a) circulate to all Contracting Parties the notifications referred to in paragraph 4);
Art.32.5.b b) circulate and actively promote, relying where appropriate on arrangements existing within other international organizations, the matching of needs for and offers of technical assistance referred to in paragraph 2) and subparagraph 4)c);
Art.32.5.c c) circulate to all Contracting Parties at the end of each six month period a summary of any notifications made under subparagraph 4)a) or d).
Art.32.6 6) The Charter Conference shall annually review the progress by Contracting Parties towards implementation of the provisions of this Article and the matching of needs and offers of technical assistance referred to in paragraph 2) and subparagraph 4)c). In the course of that review it may decide to take appropriate action.
Sect.7 PART VII
Art.35 Article 35
Art.35.1 1) In carrying out its duties, the Charter Conference shall have a Secretariat which shall be composed of a Secretary-General and such staff as are the minimum consistent with efficient performance.
Art.35.2 2) The Secretary-General shall be appointed by the Charter Conference. The first such appointment shall be for a maximum period of five years.
Art.35.3 3) In the performance of its duties the Secretariat shall be responsible to and report to the Charter Conference.
Art.35.4 4) The Secretariat shall provide the Charter Conference with all necessary assistance for the performance of its duties and shall carry out the functions assigned to it in this Treaty or in any Protocol and any other functions assigned to it by the Charter Conference.
Art.35.5 5) The Secretariat may enter into such administrative and contractual arrangements as may be required for the effective discharge of its functions.
Art.42 Article 42
Art.42.1 1) Any Contracting Party may propose amendments to this Treaty.
Art.42.2 2) The text of any proposed amendment to this Treaty shall be communicated to the Contracting Parties by the Secretariat at least three months before the date on which it is proposed for adoption by the Charter Conference.
Art.42.3 3) Amendments to this Treaty, texts of which have been adopted by the Charter Conference, shall be communicated by the Secretariat to the Depositary which shall submit them to all Contracting Parties for ratification, acceptance or approval.
Art.42.4 4) Instruments of ratification, acceptance or approval of amendments to this Treaty shall be deposited with the Depositary. Amendments shall enter into force between Contracting Parties having ratified, accepted or approved them on the ninetieth day after deposit with the Depositary of instruments of ratification, acceptance or approval by at least three-fourths of the Contracting Parties. Thereafter the amendments shall enter into force for any other Contracting Party on the ninetieth day after that Contracting Party deposits its instrument of ratification, acceptance or approval of the amendments.