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Paragraphs in "Energy Charter Treaty" coded as AMND

Label Provision
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.30 Article 30
Art.30.1x Contracting Parties undertake that in the light of the results of the Uruguay Round of Multilateral Trade Negotiations embodied principally in the Final Act thereof done at Marrakesh, 15 April 1994, they will commence consideration not later than 1 July 1995 or the entry into force of this Treaty, whichever is the later, of appropriate amendments to this Treaty with a view to the adoption of any such amendments by the Charter Conference.
Art.33 Article 33
Art.33.1 1) The Charter Conference may authorize the negotiation of a number of Energy Charter Protocols or Declarations in order to pursue the objectives and principles of the Charter.
Art.33.2 2) Any signatory to the Charter may participate in such negotiation.
Art.33.3 3) A state or Regional Economic Integration Organization shall not become a party to a Protocol or Declaration unless it is, or becomes at the same time, a signatory to the Charter and a Contracting Party to this Treaty.
Art.33.4 4) Subject to paragraph 3) and subparagraph 6)a), final provisions applying to a Protocol shall be defined in that Protocol.
Art.33.5 5) A Protocol shall apply only to the Contracting Parties which consent to be bound by it, and shall not derogate from the rights and obligations of those Contracting Parties not party to the Protocol.
Art.33.6.a 6) a) A Protocol may assign duties to the Charter Conference and functions to the Secretariat, provided that no such assignment may be made by an amendment to a Protocol unless that amendment is approved by the Charter Conference, whose approval shall not be subject to any provisions of the Protocol which are authorized by subparagraph b).
Art.33.6.b b) A Protocol which provides for decisions thereunder to be taken by the Charter Conference may, subject to subparagraph a), provide with respect to such decisions:
Art.33.6.b.i i) for voting rules other than those contained in Article 36;
Art.33.6.b.ii ii) that only parties to the Protocol shall be considered to be Contracting Parties for the purposes of Article 36 or eligible to vote under the rules provided for in the Protocol.
Art.34 Article 34
Art.34.1 1) The Contracting Parties shall meet periodically in the Energy Charter Conference referred to herein as the "Charter Conference") at which each Contracting Party shall be entitled to have one representative. Ordinary meetings shall be held at intervals determined by the Charter Conference.
Art.34.2 2) Extraordinary meetings of the Charter Conference may be held at such times as may be determined by the Charter Conference, or at the written request of any Contracting Party, provided that, within six weeks of the request being communicated to the Contracting Parties by the Secretariat, it is supported by at least one-third of the Contracting Parties.
Art.34.3 3) The functions of the Charter Conference shall be to:
Art.34.3.a a) carry out the duties assigned to it by this Treaty and any Protocols;
Art.34.3.b b) keep under review and facilitate the implementation of the principles of the Charter and of the provisions of this Treaty and the Protocols;
Art.34.3.c c) facilitate in accordance with this Treaty and the Protocols the coordination of appropriate general measures to carry out the principles of the Charter;
Art.34.3.d d) consider and adopt programmes of work to be carried out by the Secretariat;
Art.34.3.e e) consider and approve the annual accounts and budget of the Secretariat;
Art.34.3.f f) consider and approve or adopt the terms of any headquarters or other agreement, including privileges and immunities considered necessary for the Charter Conference and the Secretariat;
Art.34.3.g g) encourage cooperative efforts aimed at facilitating and promoting market-oriented reforms and modernization of energy sectors in those countries of Central and Eastern Europe and the former Union of Soviet Socialist Republics undergoing economic transition;
Art.34.3.h h) authorize and approve the terms of reference for the negotiation of Protocols, and consider and adopt the texts thereof and of amendments thereto;
Art.34.3.i i) authorize the negotiation of Declarations, and approve their issuance;
Art.34.3.j j) decide on accessions to this Treaty;
Art.34.3.k k) authorize the negotiation of and consider and approve or adopt association agreements;
Art.34.3.l l) consider and adopt texts of amendments to this Treaty;
Art.34.3.m m) consider and approve modifications of and technical changes to the Annexes to this Treaty;
Art.34.3.n n) appoint the Secretary-General and take all decisions necessary for the establishment and functioning of the Secretariat including the structure, staff levels and standard terms of employment of officials and employees.
Art.34.4 4) In the performance of its duties, the Charter Conference, through the Secretariat, shall cooperate with and make as full a use as possible, consistently with economy and efficiency, of the services and programmes of other institutions and organizations with established competence in matters related to the objectives of this Treaty.
Art.34.5 5) The Charter Conference may establish such subsidiary bodies as it considers appropriate for the performance of its duties.
Art.34.6 6) The Charter Conference shall consider and adopt rules of procedure and financial rules.
Art.34.7 7) In 1999 and thereafter at intervals of not more than five years) to be determined by the Charter Conference, the Charter Conference shall thoroughly review the functions provided for in this Treaty in the light of the extent to which the provisions of the Treaty and Protocols have been implemented. At the conclusion of each review the Charter Conference may amend or abolish the functions specified in paragraph 3) and may discharge the Secretariat.
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.