Amendment (Trade-Related Provisions) to the
Energy Charter Treaty, with annexes, and Protocol on Energy
Efficiency and Related Environmental Aspects of
17 December
1994, Brussels, 1998
FINAL ACT OF THE INTERNATIONAL CONFERENCE
AND DECISION OF THE ENERGY
CHARTER CONFERENCE
I. Between 17 December 1994 and 18 December 1997 the Provisional
Energy Charter Conference met to negotiate an amendment to the traderelated
provisions of the Energy Charter Treaty. A Conference to adopt the
amendment was held at Brussels on 23-24 April 1998. Representatives of
the Republic of Albania, the Republic of Armenia, Australia, the Republic
of Austria, the Azerbaijani Republic, the Kingdom of Belgium, the Republic
of Belarus, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic
of Croatia, the Republic of Cyprus, the Czech Republic, the Kingdom of
Denmark, the Republic of Estonia, the European Communities, the Republic
of Finland, the French Republic, the Republic of Georgia, the Federal
Republic of Germany, the Hellenic Republic, the Republic of Hungary,
the Republic of Iceland, Ireland, the Italian Republic, Japan, the Republic
of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Latvia, the
Principality of Liechtenstein, the Republic of Lithuania, the Grand Duchy of
Luxembourg, the Republic of Malta, the Republic of Moldova, the Kingdom
of the Netherlands, the Kingdom of Norway, the Republic of Poland, the
Portuguese Republic, Romania, the Russian Federation, the Slovak Republic,
the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden,
the Swiss Confederation, the Republic of Tajikistan, the former Yugoslav
Republic of Macedonia, the Republic of Turkey, Turkmenistan, Ukraine, the
United Kingdom of Great Britain and Northern Ireland and the Republic of
Uzbekistan (hereinafter referred to as “the representatives”) participated in the
Conference, as did invited observers from certain countries and international
organizations.
II. The Energy Charter Conference, which was definitively established on the
entry into force on 16 April 1998 of the Energy Charter Treaty, also met on
23 and 24 April 1998 to consider adoption of the Amendment to the Trade-
Related Provisions of the Energy Charter Treaty in accordance with the
provisions of the Energy Charter Treaty.
AMENDMENT TO THE TRADE-RELATED PROVISIONS
OF THE ENERGY CHARTER TREATY
III. The text of the Amendment to the Trade-Related Provisions of the Energy
Charter Treaty (hereinafter referred to as the “Amendment”) which is set out
in Annex 1 and Decisions with respect thereto which are set out in Annex 2
168
were adopted in accordance with the modalities of the international conference
called for this purpose and under the Energy Charter Treaty in accordance
with the procedure provided for in the Treaty.
UNDERSTANDINGS
IV. The following Understandings with respect to the Amendment were adopted:
1. Understanding with respect to Article 29(2)(a) and Annex W:
Notwithstanding the listing of paragraph 6 of article XXIV of the GATT
1994 in Annex W (A)(1)(a)(i), any signatory a.ected by an increase in
customs duties or other charges of any kind imposed on or in connection
with importation or exportation referred to in the .rst sentence of that
paragraph, is entitled to seek consultations in the Charter Conference.
2. Understanding with respect to Article 29(7):
In the case of a signatory, not a member of the WTO, which is listed in
Annexes BR or BRQ or both, any concession o.ered formally in the process
of its accession to the WTO with respect to Energy Materials or Products
listed in Annex EM II or Energy-Related Equipment listed in Annex EQ II
shall, for the purpose of this Article, be regarded as a commitment under
the WTO.
3. Understanding with respect to Articles 29(6) and (7) and 34(3)(o):
The Charter Conference shall conduct an annual review with respect to any
possibility of moving items of Energy Materials and Products or Energy-
Related Equipment from Annexes EM I or EQ I to Annexes EM II or EQ
II.
72DECLARATIONS
V. The following Declarations were made with respect to the Amendment:
Joint Declaration on Trade-Related Intellectual Property Rights
Signatories con.rm their commitment to provide e.ective protection of
intellectual property rights following the highest international standards.
72 See Chairman’s Statement at the Adoption Session on 24 April 1998, p. 206.
TRADE AMENDEMENT
Intellectual property rights include for the purpose of this Declaration in
particular copyright and related rights (including computer programmes
and data bases), trademarks, geographical indications, patents, designs,
topographies of semiconductor products and undisclosed information.
Joint Declaration by the Russian Federation and the European Union
The Russian Federation has raised the issue of trade in nuclear materials. The
Russian Federation and the EU agreed that the Partnership and Cooperation
Agreement between the Russian Federation, the European Union and
its Member States, which entered into force on 1 December 1997, is the
appropriate framework to deal with this issue, as con.rmed in the conclusions
of 27 January 1998 Cooperation Council.
170
AMENDMENT TO THE TRADE-RELATED PROVISIONS
OF THE ENERGY CHARTER TREATY
(ANNEX 1 TO THE FINAL ACT OF THE
INTERNATIONAL CONFERENCE AND DECISION
OF THE ENERGY CHARTER CONFERENCE)
ARTICLE 1
Article 29 of the Treaty shall be replaced by the following text:
73ARTICLE 29
INTERIM PROVISIONS ON TRADE-RELATED MATTERS
(1) The provisions of this Article shall apply to trade in Energy Materials and
Products and Energy-Related Equipment while any Contracting Party is not a
member of the WTO.
(2) (a) Trade in Energy Materials and Products and Energy-Related Equipment
between Contracting Parties at least one of which is not a member of the
WTO shall be governed, subject to subparagraph (b) and to the exceptions
and rules provided for in Annex W, by the provisions of the WTO
Agreement, as applied and practised with regard to Energy Materials and
Products and Energy-Related Equipment by members of the WTO among
themselves, as if all Contracting Parties were members of the WTO.
74(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 WTO, whichever is the earlier.
73 See Chairman’s Conclusion on the Implementation of Trade-Related Rules, at the Energy Charter Conference on
24 April 1998, p. 207.
74 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the
Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Understandings, n. 1. with respect to
Article 29(2)(a) and Annex W, p.
TRADE AMENDEMENT
(3) (a) Each signatory to this Treaty, and each state or Regional Economic
Integration Organization acceding to this Treaty before 24 April 1998, shall
on the date of its signature or of its deposit of its instrument of accession
provide to the Secretariat a list of all customs duties and charges of any
kind imposed on or in connection with importation or exportation of
Energy Materials and Products, notifying the level of such customs duties
and charges applied on such date of signature or deposit. Each signatory to
this Treaty, and each state or Regional Economic Integration Organization
acceding to this Treaty before 24 April 1998, shall on that date provide to
the Secretariat a list of all customs duties and charges of any kind imposed
on or in connection with importation or exportation of Energy-Related
Equipment, notifying the level of such customs duties and charges applied
on that date.
(b) Each state or Regional Economic Integration Organization acceding to
this Treaty on or after 24 April 1998, shall, on the date of its deposit of
its instrument of accession, provide to the Secretariat a list of all customs
duties and charges of any kind imposed on or in connection with
importation or exportation of Energy Materials and Products and Energy-
Related Equipment, notifying the level of such customs duties and charges
applied on such date of deposit.
Any changes to such customs duties or charges of any kind imposed on
or in connection with importation or exportation shall be noti.ed to the
Secretariat, which shall inform the Contracting Parties of such changes.
(4) Each Contracting Party shall endeavour not to increase any customs duty
or charge of any kind imposed on or in connection with importation or
exportation:
(a) in the case of the importation of Energy Materials and Products listed in
Annex EM I or Energy-Related Equipment listed in Annex EQ I and
described in Part I of the Schedule relating to the Contracting Party referred
to in article II of the GATT 1994, above the level set forth in that Schedule,
if the Contracting Party is a member of the WTO;
(b) in the case of the exportation of Energy Materials and Products listed in
Annex EM I or Energy-Related Equipment listed in Annex EQ I, and that
of their importation if the Contracting Party is not a member of the WTO,
above the level most recently noti.ed to the Secretariat, except as permitted
by the provisions made applicable by subparagraph (2)(a).
172
(5) A Contracting Party may increase such customs duty or other charge above the
level referred to in paragraph (4) only if:
(a) in case of a customs duty or other charge imposed on or in connection with
importation, such action is not inconsistent with the applicable provisions
of the WTO Agreement, other than those provisions of the WTO
Agreement listed in Annex W; or
(b) it has, to the fullest extent practicable under its legislative procedures,
noti.ed 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.
(6) In respect of trade between Contracting Parties at least one of which is not a
member of the WTO, no such Contracting Party shall increase any customs
duty or charge of any kind imposed on or in connection with importation
or exportation of Energy Materials and Products listed in Annex EM II or
Energy-Related Equipment listed in Annex EQ II above the lowest of the
levels applied on the date of the decision by the Charter Conference to list the
particular item in the relevant Annex.
75A Contracting Party may increase such customs duty or other charge above
that level only if:
(a) in case of a customs duty or other charge imposed on or in connection with
importation, such action is not inconsistent with the applicable provisions
of the WTO Agreement, other than those provisions of the WTO
Agreement listed in Annex W; or
(b) in exceptional circumstances not elsewhere provided for in this Treaty, the
Charter Conference decides to waive the obligation otherwise imposed on a
Contracting Party by this paragraph, consenting to an increase in a customs
duty, subject to any conditions the Charter Conference may impose.
(7) Notwithstanding paragraph (6), in the case of trade referred to in that
paragraph, Contracting Parties listed in Annex BR in respect of Energy
Materials and Products listed in Annex EM II, or in Annex BRQ in respect
75 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the
Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Understandings, n. 3. with respect to
Article 29(6) and (7) and 34(3)(o), p.
TRADE AMENDEMENT
of Energy-Related Equipment listed in Annex EQ II, shall not increase any
customs duty or other charge above the level resulting from their commitments
or any provisions applicable to them under the WTO Agreement.
76(8) Other duties and charges imposed on or in connection with importation or
exportation of Energy Materials and Products or Energy-Related Equipment
shall be subject to the provisions of the Understanding on the Interpretation of
Article II: 1(b) of the GATT 1994 as modi.ed according to Annex W.
(9) ANNEX D shall apply:
(a) to disputes regarding compliance with provisions applicable to trade under
this Article;
(b) to disputes regarding the application by a Contracting Party of any measure,
whether or not it con.icts with the provisions of this Article, which is
considered by another Contracting Party to nullify or impair any bene.t
accruing to it directly or indirectly under this Article; and
(c) unless the Contracting Parties parties to the dispute agree otherwise, to
disputes regarding compliance with Article 5 between Contracting Parties
at least one of which is not a member of the WTO,
Except that Annex D shall not apply to any dispute between Contracting
Parties, the substance of which arises under an agreement that:
(i) has been noti.ed in accordance with and meets the other requirements of
sub-paragraph (2)(b) and Annex TFU; or
(ii) establishes a free-trade area or a customs union as described in article XXIV
of the GATT 1994.
ARTICLE 2
The Treaty shall be amended as follows:
In the Preamble, paragraph seven, replace "General Agreement on Tari.s and
Trade and its Related Instruments" with "Agreement Establishing the World Trade
Organization"
In the Preamble, paragraph eight, replace "related equipment" with "Energy-Related
Equipment".
76 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the
Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Understandings, n. 2. with respect
to Article 29(7), p. 168 and Final Act of the International Conference and Decision by the Energy Charter
Conference in respect of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty,
Understandings, n. 3. with respect to Article 29(6) and (7) and 34(3)(o), p. 168.
174
In the Preamble, paragraph nine, replace "General Agreement on Tari.s and Trade"
and "parties thereto" with "World Trade Organization" and "members thereof "
In the Preamble, paragraph ten, replace "parties to the General Agreement on
Tari.s and Trade and its Related Instruments" with "members of the World Trade
Organization ".
In Article 1, replace the text of paragraph (4) with:
"(4) "Energy Materials and Products", based on the Harmonised System of the
World Customs Organization and the Combined Nomenclature of the
European Communities, means the items included in Annexes EM I or EM
II ."
In Article 1, after the text of paragraph (4) insert:
"(4bis) "Energy-Related Equipment", based on the Harmonised System of
the World Customs Organization, means the items included in Annexes EQ
I or EQ II ."
In Article 1, replace the text of paragraph (11) with :
"(a) "WTO" means the World Trade Organization established by the Agreement
Establishing the World Trade Organization.
(b) "WTO Agreement" means the Agreement Establishing the World
Trade Organization, its Annexes and the decisions, declarations and
understandings related thereto, as subsequently recti.ed, amended and
modi.ed from time to time.
(c) "GATT 1994" means the General Agreement on Tari.s and Trade as
speci.ed in Annex 1A to the Agreement Establishing the World Trade
Organization, as subsequently recti.ed, amended or modi.ed from time to
time."
In Article 3, after "Energy Materials and Products" insert "and Energy-Related
Equipment".
In Article 4, title, replace "GATT and Related Instruments" with "WTO Agreement"
and in the text of Article 4, replace "parties to the GATT" with "members of the
WTO" and replace "GATT and Related Instruments" with "WTO Agreement".
In Article 5, paragraph (1), insert "1994" following "article III and XI of the GATT"
and replace "GATT and Related Instruments" with "WTO Agreement".
In Article 14, paragraph (6), replace "GATT and Related Instruments" with "WTO
Agreement".
TRADE AMENDEMENT
In Article 20, paragraph (1), replace "GATT and relevant Related Instruments" with
"WTO Agreement", and after "Energy Materials and Products" insert "or Energy-
Related Equipment".
In Article 21, paragraph (4), replace "Article 29(2) to (6)" with "Article 29(2) to (8)".
In Article 25, paragraph (3), replace "GATT and Related Instruments" with "WTO
Agreement".
In Article 34, paragraph (3) add after sub-paragraph (m):
"(n) consider and approve the listing of signatories in Annexes BR or BRQ or in
both these Annexes;
77(o) consider and approve the addition of items to Annex EM II from Annex
EM I with the corresponding deletion of those items from Annex EM I and
consider and approve the addition of items to Annex EQ II from Annex EQ
I with the corresponding deletion of those items from Annex EQ I;".
78In Article 34, paragraph (3) replace the denomination of sub-paragraph "(n)" with
sub-paragraph "(p)".
In Article 36(1)(d), replace "G" with "W".
In Article 36, in paragraph (1) after subparagraph (f) add:
"(g) approve the addition of items to Annex EM II from Annex EM I with the
corresponding deletion of those items from Annex EM I and approve the
addition of items to Annex EQ II from Annex EQ I with the corresponding
deletion of those items from Annex EQ I."
In Article 36, paragraph (4) replace "(f)" with "(g)".
In the ‘Table of Contents’ of Annexes to the Energy Charter Treaty, rename "Annex
EM" as "Annex EM I", insert as 2 to 4 the additional Annexes "Annex EM II Energy
Materials and Products (In accordance with Article 1(4))", "Annex EQ I List of
Energy-Related Equipment (In accordance with Article 1(4bis))" and "Annex EQ II
List of Energy-Related Equipment (In accordance with Article 1(4bis))".
In 9. Annex G, replace "GATT and Related Instruments" with "WTO Agreement",
and rename "Annex G" as "Annex W".
77 See Decisions in Connection with the Adoption of the Amendment to the Trade-Related Provisions of the
Energy Charter Treaty (Annex 2 to the Final Act), n. 1, p. 205 and Chairman’s Statement at the Adoption Session
on 24 April 1998, p. 206.
78 See Decisions in Connection with the Adoption of the Amendment to the Trade-Related Provisions of the
Energy Charter Treaty (Annex 2 to the Final Act), n. 1, p. 205 and Final Act of the International Conference and
Decision by the Energy Charter Conference in respect of the Amendment to the Trade-Related Provisions of the
Energy Charter Treaty, Understandings, n. 3. with respect to Article 29(6) and (7) and 34(3)(o), p. 168.
Renumber Annexes 2 to 10 as Annexes 5 to 13. Insert as 14 and 15 the additional
Annexes "Annex BR List of Contracting Parties which shall not increase any
customs duty or other charge above the level resulting from their commitments or
any provisions applicable to them under the WTO Agreement (In accordance with
Article 29(7))" and "Annex BRQ List of Contracting Parties which shall not increase
any customs duty or other charge above the level resulting from their commitments
or any provisions applicable to them under the WTO Agreement (In accordance
with Article 29(7))".
Renumber Annexes 11 to 14 as Annexes 16 to 19.
In respect of Annex D, replace "(In accordance with Article 29(7))" with "(In
accordance with Article 29(9))."
In Annex EM, rename "EM" as "EM I".
In Annex TRM, paragraph (1)(a) and (b) and in paragraph (3)(a) and (b), replace
"party to the GATT" with "member of the WTO".
In Annex TFU, paragraphs (2)(c), (4), .rst sentence, and (6), .rst sentence, replace
"GATT and Related Instruments" with "WTO Agreement".
ARTICLE 3
Annex D of the Treaty shall be amended as follows:
79In the heading replace "(In accordance with Article 29(7))" with "(In accordance
with Article 29(9))."
At the end of paragraph (1)(a), delete the period and add thereafter following "29":
", or about any measures that might nullify or impair any bene.t accruing to
a Contracting Party directly or indirectly under the provisions applicable to
trade under Article 29."
In paragraph (1)(b), at the end of the .rst sentence, delete the period and insert
thereafter following "29":
", or any measure that might nullify or impair any bene.t accruing to a
Contracting Party directly or indirectly under the provisions applicable to
trade under Article 29."
and in the second sentence, replace "GATT and Related Instruments" with "WTO
Agreement".
79 See Chairman’s Conclusion on the Implementation of Trade-Related Rules, at the Energy Charter Conference on
24 April 1998, p. 207.
TRADE AMENDEMENT
In paragraph (1)(d), insert after the comma before "the Contracting Parties":
"or to nullify or impair any bene.t accruing to it directly or indirectly under
the provisions applicable to trade under Article 29, "
In paragraph (2)(a), second sentence, replace "GATT and Related Instruments" with
"WTO Agreement".
In paragraph (3)(a), second sentence, replace "GATT and Related Instruments" with
"WTO Agreement"
and replace the penultimate sentence with :
"Panels shall be guided by the interpretations given to the WTO Agreement
within the framework of the WTO Agreement and shall not question the
compatibility with Article 5 or 29 of practices applied by any Contracting Party
which is a member of the WTO to other members of the WTO to which it
applies the WTO Agreement and which have not been taken by those other
members to dispute resolution under the WTO Agreement."
In paragraph (4)(b), .rst sentence, replace "GATT or a Related Instrument" with
"WTO Agreement".
In paragraph (5)(c), replace "GATT or Related Instruments" with "WTO
Agreement".
In paragraph (7), .rst sentence, replace "party to the GATT" with
"member of the WTO"
and replace "panellists currently nominated for the purpose of GATT dispute
panels" with:
"persons whose names appear on the indicative list of governmental and
non-governmental individuals, referred to in article 8 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes contained in
Annex 2 to the WTO Agreement or who have in the past served as panellists
on a GATT or WTO dispute settlement panel."
Add after paragraph (9):
"(10) Where a Contracting Party invokes Article 29(9)(b), this Annex shall apply,
subject to the following modi.cations:
(a) the complaining party shall present a detailed justi.cation in support
of any request for consultations or for the establishment of a panel
regarding a measure which it considers to nullify or impair any bene.t
accruing to it directly or indirectly under Article 29;
178
(b) where a measure has been found to nullify or impair bene.ts under
Article 29 without violation thereof, there is no obligation to withdraw
the measure; however, in such a case the panel shall recommend
that the Contracting Party concerned make a mutually satisfactory
adjustment;
(c) the arbitral panel provided for in paragraph (6)(b), upon the request of
either party, may determine the level of bene.ts that have been nulli.ed
or impaired, and may also suggest ways and means of reaching a
mutually satisfactory adjustment; such suggestions shall not be binding
upon the parties to the dispute".
ARTICLE 4
The following Annex shall replace Annex G of the Treaty:
ANNEX W
EXCEPTIONS AND RULES GOVERNING THE APPLICATION OF
THE PROVISIONS OF THE WTO AGREEMENT
(IN ACCORDANCE WITH ARTICLE 29(2)(A))
(A) Exceptions to the Application of the Provisions of the WTO Agreement.
The following provisions of the WTO Agreement shall not be applicable under
Article 29(2)(a):
(1) Agreement Establishing the World Trade Organization
All except article IX, paragraphs 3 and 4 and XVI, paragraphs 1, 3 and 4
(a) ANNEX 1A to the WTO Agreement:
Multilateral Agreements on Trade in Goods:
(i) General Agreement on Tari.s and Trade 1994
II Schedules of Concessions, paragraphs (1)(a),(1)(b,1st
sentence), (1)(c) and (7)
IV Special Provisions relating to Cinematographic Films
XV Exchange Arrangements
XVIII Governmental Assistance to Economic Development
XXII Consultation
XXIII Nulli.cation and Impairment
TRADE AMENDEMENT
XXIV Customs Unions and Free-Trade Areas, paragraph 6
80XXV Joint Action by the Contracting Parties
XXVI Acceptance, Entry into Force and Registration
XXVII Withholding or Withdrawal of Concessions
XXVIII Modi.cation of Schedules
XXVIIIbis Tari. Negotiations
XXIX The Relation of this Agreement to the Havana Charter
XXX Amendments
XXXI Withdrawal
XXXII Contracting Parties
XXXIII Accession
XXXV Non-application of the Agreement between Particular
Contracting Parties
XXXVI Principles and Objectives
XXXVII Commitments
XXXVIII Joint Action
Annex H Relating to Article XXVI
Annex I Notes and Supplementary Provisions (related to the
above-mentioned GATT provisions)
Understanding on the Interpretation of Article II: 1(b) of the
GATT 1994
2 Date of incorporation of other duties and charges into
the schedule
4 Challenges, (1st sentence only)
6 Dispute settlement
8 Supersession of BISD 27S/24
Understanding on the Interpretation of Article XVII of the GATT
1994
1 only the phrase "for review by the working party to be
set up under paragraph (5)"
5 Working Party on state trading
80 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the
Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Understandings, n. 1. with respect to
Article 29(2)(a) and Annex W, p. 168.
180
Understanding on the Balance-of-Payments Provisions of the
GATT 1994
5 Committee on Balance-of-Payments Restrictions,
except last sentence
7 Review by the Committee, the phrase "or under
paragraph 12(b) of Article XVIII"
8 Simpli.ed consultation procedures
13 Conclusions of Balance-of-Payments consultations, .rst
sentence, third sentence: the phrase "and XVIII: B, the
1979 Declaration" and last sentence.
Understanding on the Interpretation of Article XXIV of the
GATT 1994
All except paragraph 13
Understanding in Respect of Waivers of Obligations under the
GATT 1994
3 Nulli.cation and Impairment
Understanding on the Interpretation of Article XXVIII of the
GATT 1994
Marrakesh Protocol to the GATT 1994
(ii) Agreement on Agriculture
(iii) Agreement on the Application of Sanitary and Phytosanitary
Measures
(iv) Agreement on Textiles and Clothing
(v) Agreement on Technical Barriers to Trade
Preamble (paragraphs 1, 8, 9)
1.3 General Provisions
10.5 The words "Developed country" and the words "French
or Spanish" which shall be replaced by "Russian"
10.6 The phrase "and draw attention of developing country
Members …. interest to them."
10.9 Information about technical regulations, standards and
certi.cation systems (languages)
11 Technical assistance to other Parties
TRADE AMENDEMENT
12 Special and di.erential treatment of developing
countries
13 The Committee on Technical Barriers to Trade
14 Consultation and Dispute Settlement
15 Final Provisions (other than 15.2 and 15.5)
Annex 2 Technical Expert Groups
(vi) Agreement on Trade-Related Investment Measures
(vii) Agreement on Implementation of Article VI of the GATT 1994
(Anti-dumping)
15 Developing Country Members
16 Committee on Anti-Dumping Practices
17 Consultation and Dispute Settlement
18 Final Provisions, paragraphs 2 and 6
(viii) Agreement on Implementation of Article VII of the GATT 1994
(Customs Valuation)
Preamble, paragraph 2, the phrase "and to secure additional
bene.ts for the international trade of developing countries"
14 Application of Annexes (second sentence except as far
as it refers to Annex III paragraphs 6 and 7)
18 Institutions (Committee on Customs Valuation)
19 Consultation and Dispute Settlement
20 Special and di.erential treatment of developing
countries
21 Reservations
23 Review
24 Secretariat
Annex II Technical Committee on Customs Valuation
Annex III Extra Provisions (except paragraphs 6 and 7 )
(ix) Agreement on Preshipment Inspection
Preamble, paragraphs 2 and 3
3.3 Technical Assistance
6 Review
7 Consultation
182
8 Dispute Settlement
(x) Agreement on Rules of Origin
Preamble, 8th indent
4 Institutions
6 Review
7 Consultation
8 Dispute Settlement
9 Harmonization of Rules of Origin
Annex I Technical Committee on Rules of Origin
(xi) Agreement on Import Licensing Procedures
1.4(a) General Provisions (last sentence)
2.2 Automatic Import Licensing (footnote 5)
3.5(iv) Non-Automatic Import Licensing (last sentence)
4 Institutions
6 Consultations and Dispute Settlement
7 Review (except paragraph 3)
8 Final provisions (except paragraph 2)
(xii) Agreement on Subsidies and Countervailing Measures
4 Remedies (except paragraphs 4.1, 4.2 and 4.3)
5 Adverse E.ects, last sentence
6 Serious Prejudice (paragraphs 6.6, the phrases "subject
to the provisions of paragraph 3 of Annex V" and
"arising under Article 7, and to the panel established
pursuant to paragraph 4 of Article 7", 6.8 the phrase
", including information submitted in accordance with
the provisions of Annex V" and 6.9)
7 Remedies (except paragraphs 7.1, 7.2 and 7.3)
8 Identi.cation of Non-Actionable Subsidies, paragraph
8.5 and Footnote 25
9 Consultations and Authorised Remedies
24 Committee on Subsidies and Countervailing Measures
and Subsidiary Bodies
26 Surveillance
27 Special and Di.erential Treatment of Developing
Country Members
TRADE AMENDEMENT
29 Transformation into Market Economy, paragraph 29.2
(except .rst sentence)
30 Dispute Settlement
31 Provisional Application
32.2, 32.7 and 32.8 (only insofar as it refers to Annexes V and VII)
Final Provisions
Annex V Procedures for Developing Information concerning
Serious Prejudice
Annex VII Developing Countries
(xiii) Agreement on Safeguards
9 Developing Country Members
12 Noti.cation and Consultation, paragraph 10
13 Surveillance
14 Dispute Settlement
ANNEX Exception
(b) ANNEX 1B to the WTO Agreement:
General Agreement on Trade in Services
(c) ANNEX 1C to the WTO Agreement:
Agreement on Trade-Related Aspects of Intellectual Property Rights
81(d) ANNEX 2 to the WTO Agreement:
Understanding on Rules and Procedures Governing the Settlement of
Disputes
(e) ANNEX 3 to the WTO Agreement:
Trade Policy Review Mechanism
(f) ANNEX 4 to the WTO Agreement:
Plurilateral Trade Agreements:
(i) Agreement on Trade in Civil Aircraft
(ii) Agreement on Government Procurement
81 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the
Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Declarations, Joint Declaration on
Trade-Related Intellectual Property Rights, p. 168.
184
(g) Ministerial Decisions, Declarations and Understanding:
(i) Decision on Measures in favour of Least-Developed Countries
(ii) Declaration on the Contribution of the WTO to Achieving
Greater Coherence in Global Economic Policy Making
(iii) Decision on Noti.cation Procedures
(iv) Declaration on the Relationship of the WTO with the IMF
(v) Decision on Measures Concerning the Possible Negative
E.ects of the Reform Programme on Least-Developed and Net
Food-Importing Developing Countries
(vi) Decision on Noti.cation of First Integration under Article 2.6
of the Agreement on Textiles and Clothing
(vii) Decision on Review of the ISO/IEC Information Centre
Publication
(viii) Decision on Proposed Understanding on WTO-ISO Standards
Information System
(ix) Decision on Anti-Circumvention
(x) Decision on Review of Article 17.6 of the Agreement on
Implementation of Article VI of the GATT 1994
(xi) Declaration on Dispute Settlement pursuant to the Agreement
on Implementation of Article VI of the GATT 1994 or Part V
of the Agreement on Subsidies and Countervailing Measures
(xii) Decision Regarding Cases Where Customs Administrations
Have Reason to Doubt the Truth or Accuracy of the Declared
Value
(xiii) Decision on Texts Relating to Minimum Values and Imports
by Sole Agents, Sole Distributors and Sole Concessionaires
(xiv) Decision on Institutional Arrangements for the GATS
(xv) Decision on certain Dispute Settlement Procedures for the
GATS
(xvi) Decision on Trade in Services and the Environment
(xvii) Decision on Negotiations on Movement of Natural Persons
TRADE AMENDEMENT
(xviii) Decision on Financial Services
(xix) Decision on Negotiations on Maritime Transport Services
(xx) Decision on Negotiations on Basic Telecommunications
(xxi) Decision on Professional Services
(xxii) Decision on Accession to the Agreement on Government
Procurement
(xxiv) Decision on the Application and Review of the Understanding
on Rules and Procedures Governing the Settlement of
Disputes
(xxv) Understanding on Commitments in Financial Services
(xxvi) Decision on the Acceptance of and Accession to the
Agreement Establishing the WTO
(xxvii) Decision on Trade and Environment
(xxviii) Decision on Organizational and Financial Consequences
Following from Implementation of the Agreement Establishing
the WTO
(xxix) Decision on the Establishment of the Preparatory Committee
for the WTO
(2) All other provisions in the WTO Agreement which relate to:
(a) governmental assistance to economic development and the treatment
of developing countries, except for paragraphs (1) to (4) of the Decision
of 28 November 1979 (L/4903) on Di.erential and more Favourable
Treatment, Reciprocity and Fuller Participation of Developing
Countries;
(b) the establishment or operation of specialist committees and other
subsidiary institutions;
(c) signature, accession, entry into force, withdrawal, deposit and
registration.
(3) All agreements, arrangements, decisions, understandings or other joint
action pursuant to the provisions listed as not applicable in paragraphs (1)
or (2).
186
(4) Trade in nuclear materials may be governed by agreements referred to in
the Declarations related to this paragraph contained in the Final Act of the
European Energy Charter Conference.
82(B) Rules Governing the Application of Provisions of the WTO Agreement.
(1) In the absence of a relevant interpretation of the WTO Agreement adopted
by the Ministerial Conference or the General Council of the World Trade
Organization under paragraph 2 of article IX of the WTO Agreement
concerning provisions applicable under Article 29(2)(a), the Charter
Conference may adopt an interpretation.
(2) Requests for waivers under Article 29(2) and (6)(b) shall be submitted to
the Charter Conference, which shall follow, in carrying out these duties, the
procedures of paragraphs 3 and 4 of article IX of the WTO Agreement.
(3) Waivers of obligations in force in the WTO shall be considered in force for
the purposes of Article 29 while they remain in force in the WTO.
(4) The provisions of article II of the GATT 1994 which have not been
disapplied shall, without prejudice to Article 29(4), (5) and (7), be modi.ed
as follows:
(i) All Energy Materials and Products listed in Annex EM II and Energy-
Related Equipment listed in Annex EQ II imported from or exported to
any other Contracting Party shall also be exempt from all other duties
or charges of any kind imposed on or in connection with importation
or exportation, in excess of those imposed on the date of the standstill
referred to in Article 29(6), .rst sentence, or under Article 29(7), or
those directly and mandatorily required to be imposed thereafter by
legislation in force in the importing or exporting territory on the date
referred to in Article 29(6), .rst sentence.
(ii) Nothing in article II of the GATT 1994 shall prevent any Contracting
Party from imposing at any time on the importation or exportation of
any product:
(a) a charge equivalent to an internal tax imposed consistently with
the provisions of paragraph 2 of article III of GATT 1994 in
respect of the like domestic product or in respect of an article
from which the imported product has been manufactured or
produced in whole or in part;
82 See Final Act of the International Conference and Decision by the Energy Charter Conference in respect of the
Amendment to the Trade-Related Provisions of the Energy Charter Treaty, Declarations, Joint Declaration by the
Russian Federation and the European Union, p. 169.
(b) any anti-dumping or countervailing duty applied consistently
with the provisions of article VI of GATT 1994;
(c) fees or other charges commensurate with the cost of services
rendered.
(iii) No Contracting Party shall alter its method of determining dutiable
value or of converting currencies so as to impair the value of the
standstill obligations provided for in Article 29(6) or (7).
(iv) If any Contracting Party establishes, maintains or authorises, formally
or in e.ect, a monopoly of the importation or exportation of any
Energy Material or Product listed in Annex EM II or in respect of
Energy-Related Equipment listed in EQ II, such monopoly shall
not operate so as to a.ord protection on the average in excess of the
amount of protection permitted by the standstill obligation provided
for in Article 29(6) or (7). The provisions of this paragraph shall
not limit the use by Contracting Parties of any form of assistance to
domestic producers permitted by other provisions of this Treaty.
(v) If any Contracting Party considers that a product is not receiving from
another Contracting Party the treatment which the .rst Contracting
Party believes to have been contemplated by the standstill obligation
provided for in Article 29(6) or (7), it shall bring the matter directly
to the attention of the other Contracting Party. If the latter agrees that
the treatment contemplated was that claimed by the .rst Contracting
Party, but declares that such treatment cannot be accorded because a
court or other proper authority has ruled to the e.ect that the product
involved cannot be classi.ed under the tari. laws of such Contracting
Party so as to permit the treatment contemplated in this Treaty, the
two Contracting Parties, together with any other Contracting Parties
substantially interested, shall enter promptly into further negotiations
with a view to a compensatory adjustment of the matter.
(vi) (a) The speci.c duties and charges included in the Tari. Record
relating to the Contracting Parties members of the International
Monetary Fund, and margins of preference in speci.c duties and
charges maintained by such Contracting Parties, are expressed in
the appropriate currency at the par value accepted or provisionally
recognized by the Fund at the date of the standstill referred to in
Article 29(6), .rst sentence, or under Article 29(7). Accordingly,
in case this par value is reduced consistently with the Articles of
Agreement of the International Monetary Fund by more than
twenty per centum, such speci.c duties and charges and margins
of preference may be adjusted to take account of such reduction;
188
Provided that the Conference concurs that such adjustments will
not impair the value of the standstill obligation provided for in
Article 29(6) or (7) or elsewhere in this Treaty, due account being
taken of all factors which may in.uence the need for, or urgency
of, such adjustments.
(b) Similar provisions shall apply to any Contracting Party not a
member of the Fund, as from the date on which such Contracting
Party becomes a member of the Fund or enters into a special
exchange agreement in pursuance of Article XV of GATT 1994.
(vii) Each Contracting Party shall notify the Secretariat of the customs
duties and charges of any kind applicable on the date of the standstill
referred to in Article 29(6) .rst sentence. The Secretariat shall keep a
Tari. Record of the customs duties and charges of any kind relevant
for the purpose of the standstill on customs duties and charges of any
kind under Article 29(6) or (7).
(5) The Decision of 26 March 1980 on "Introduction of a Loose-Leaf System
for the Schedules of Tari. Concessions" (BISD 27S/24) shall not be
applicable under Article 29(2)(a). The applicable provisions of the
Understanding on the Interpretation of Article II:1(b) of the GATT 1994
shall, without prejudice to Article 29(4), (5) or (7), apply with the following
modi.cations:
(i) In order to ensure transparency of the legal rights and obligations
deriving from paragraph 1(b) of article II of GATT 1994, the nature
and level of any "other duties or charges" levied on any Energy
Materials and Products listed in Annex EM II or Energy-Related
Equipment listed in Annex EQ II with respect to their importation or
exportation, as referred to in that provision, shall be recorded in the
Tari. Record at the levels applying at the date of the standstill referred
to in Article 29(6), .rst sentence, or under Article 29(7) respectively,
against the tari. item to which they apply. It is understood that such
recording does not change the legal character of "other duties or
charges".
(ii) "Other duties or charges" shall be recorded in respect of all Energy
Materials and Products listed in Annex EM II and Energy-Related
Equipment listed in Annex EQ II.
(iii) It will be open to any Contracting Party to challenge the existence of
an "other duty or charge", on the ground that no such "other duty or
charge" existed at the date of the standstill referred to in Article 29(6),
.rst sentence, or the relevant date under Article 29(7), for the item in
TRADE AMENDEMENT
question, as well as the consistency of the recorded level of any "other
duty or charge" with the standstill obligation provided for by Article
29(6) or (7), for a period of one year after the entry into force of the
Amendment to the trade-related provisions of this Treaty, adopted
by the Charter Conference on 24 April 1998, or one year after the
noti.cation to the Secretariat of the level of customs duties and charges
of any kind referred to in Article 29(6), .rst sentence, or Article 29(7),
if that is the later.
(iv) The recording of "other duties or charges" in the Tari. Record is
without prejudice to their consistency with rights and obligations
under GATT 1994 other than those a.ected by sub-paragraph (iii)
above. All Contracting Parties retain the right to challenge, at any time,
the consistency of any "other duty or charge" with such obligations.
(v) "Other duties or charges" omitted from a noti.cation to the Secretariat
shall not subsequently be added to it and any "other duty or charge"
recorded at a level lower than that prevailing on the applicable date
shall not be restored to that level unless such additions or changes are
made within six months of the noti.cation to the Secretariat.
(6) Where the WTO Agreement refers to "duties inscribed in the Schedule" or
to "bound duties", there shall be substituted "the level of customs duties
and charges of any kind permitted under Article 29(4) to (8)".
(7) Where the WTO Agreement speci.es the date of entry into force of the
WTO Agreement (or an analogous phrase) as the reference date for
an action, there shall be substituted the date of entry into force of the
Amendment to the trade-related provisions of this Treaty adopted by the
Charter Conference on 24 April 1998.
(8) With respect to noti.cations required by the provisions made applicable by
Article 29(2)(a):
(a) Contracting Parties which are not members of the WTO shall make
their noti.cations to the Secretariat. The Secretariat shall circulate
copies of the noti.cations to all Contracting Parties. Noti.cations to
the Secretariat shall be in one of the authentic languages of this Treaty.
The accompanying documents may be solely in the language of the
Contracting Party;
(b) such requirements shall not apply to Contracting Parties to this Treaty
which are also members of the WTO which provides for its own
noti.cation requirements.
190
(9) Where Article 29(2)(a) or (6)(b) applies, the Charter Conference shall carry
out any applicable duties that the WTO Agreement assigned to the relevant
bodies under the WTO Agreement.
(10)(a) Interpretations of the WTO Agreement adopted by the Ministerial
Conference or the General Council of the WTO under paragraph 2 of
article IX of the WTO Agreement insofar as they interpret provisions
applicable under Article 29(2)(a) shall apply.
(b) Amendments to the WTO Agreement under article X of the WTO
Agreement that are binding on all members of the WTO (other then
those under paragraph 9 of article X) insofar as they amend or relate
to provisions applicable under Article 29(2)(a), shall apply unless
a Contracting Party requests the Charter Conference to disapply
or modify such amendment. The Charter Conference shall take
the decision by a three-fourths majority of the Contracting Parties
and determine the date of the disapplication or modi.cation of
such amendment. A request for the disapplication or modi.cation
of such amendment may include a request that the application of
the amendment be suspended pending the decision of the Charter
Conference.
A request to the Charter Conference made under this paragraph shall
be made within six months of the circulation of a noti.cation from
the Secretariat that the amendment has taken e.ect under the WTO
Agreement.
(c) Interpretations, amendments, or new instruments adopted by the
WTO, other than the interpretations and amendments applied under
paragraphs (a) and (b) shall not apply.
TRADE AMENDEMENT
* Except products for use in civil aircraft.
ARTICLE 5
The following Annexes shall be inserted in the Annexes to the Treaty:
2. ANNEX EM II
ENERGY MATERIALS AND PRODUCTS
(In accordance with Article 1(4))
3. ANNEX EQ I
LIST OF ENERGY-RELATED EQUIPMENT
(In accordance with Article 1(4bis))
For the purpose of this Annex, ‘Ex’ has been included to indicate that the product
description referred to does not exhaust the entire range of products within the
World Customs Organization Nomenclature headings or the Harmonized System
codes listed below.
Ex 39.19 Self-adhesive plates, sheets, .lm, foil, tape, strip and other .at shapes, of
plastics, whether or not in rolls.
Ex 3919.10 - In rolls of a width not exceeding 20 cm
-- To be used for oil and gas pipelines and sea lines
protection
Ex 73.04* Tubes, pipes and hollow pro.les, seamless, of iron (other than cast iron) or
steel.
7304.10 - Line pipe of a kind used for oil or gas pipelines
- Casing, tubing and drill pipe, of a kind used in drilling
for oil or gas:
847304.21
83 - Drill pipe7304.29
83 - OtherEx 73.05 Other tubes and pipes (for example, welded, riveted or similarly closed),
having circular cross-sections, the external diameter of which exceeds
406.4 mm, of iron or steel.
- Line pipe of a kind used for oil or gas pipelines:
7305.11 - Longitudinally submerged arc welded
7305.12 - Other, longitudinally welded
7305.19 - Other
7305.20 - Casing of a kind used in drilling for oil or gas
Ex 73.06* Other tubes, pipes and hollow pro.les (for example, open seam or welded,
riveted or similarly closed), of iron or steel.
83 Covered by 7304 20 in the 1992 version.
192
* Except products for use in civil aircraft.
7306.10 - Line pipe of a kind used for oil or gas pipelines
7306.20 - Casing and tubing of a kind used in drilling for oil or
gas
73.07 Tube or pipe .ttings (for example, couplings, elbows, sleeves), of iron or
steel.
Ex 73.08 Structures (excluding prefabricated buildings of heading No. 94.06) and
parts of structures (for example, bridges, and bridge-sections, lock-gates,
towers, lattice masts, roofs, roo.ng frame-works, doors and windows and
their frames and thresholds for doors, shutters, balustrades, pillars and
columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and
the like, prepared for use in structures, of iron or steel.
7308.20 - Towers and lattice masts
7308.40 - Equipment for sca.olding, shuttering, propping or
pitpropping
Ex 7308.90 - Other
-- Parts for oil and gas drilling platforms
Ex 73.09 Reservoirs, tanks, vats and similar containers for any material (other than
compressed or lique.ed gas), of iron or steel, of a capacity exceeding 300
l, whether or not lined or heat-insulated, but not .tted with mechanical or
thermal equipment.
Ex 7309.00 -- For liquids
-- Of a capacity exceeding 1,000,000 l, where specially
designed for strategic oil reserves
-- Heat insulated
Ex 73.11 Containers for compressed or lique.ed gas, of iron or steel.
-- Of more than 1,000 l
Ex 73.12* Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or
steel, not electrically insulated.
Ex 7312.10 - Stranded wires, ropes and cables
-- Ropes and cables coated, non-coated or zinc coated
of a kind used in the energy sector
Ex 73.26 Other articles of iron or steel.
Ex 7326.90 - Other
-- Connectors for optical .bre cables
Ex 76.13 Aluminium containers for compressed or lique.ed gas.
-- Of more than 1,000 l
Ex 76.14 Stranded wire, cables, plaited bands and the like, of aluminium, not
electrically insulated.
TRADE AMENDEMENT
* Except products for use in civil aircraft.
Ex 7614.10 - With steel core
-- Of a kind used in electricity generation,
transmission and distribution
Ex 7614.90 - Other
-- Of a kind used in electricity generation,
transmission and distribution
Ex 78.06 Other articles of lead.
-- Containers with an anti-radiation lead covering,
for the transport or storage of highly radioactive
materials
Ex 81.09 Zirconium and articles thereof, including waste and scrap.
Ex 8109.90 - Other
-- Cartridges or tubes for nuclear fuel elements
Ex 82.07 Interchangeable tools for hand tools, whether or not power-operated, or
for machine-tools (for example, for pressing, stamping, punching, tapping,
threading, drilling, boring, broaching, milling, turning or screw driving),
including dies for drawing or extruding metal, and rock drilling or earth
boring tools.
- Rock drilling or earth boring tools:
8207.13
84 - With working part of cermets8207.19 - Other, including parts
Ex 83.07* Flexible tubing of base metal, with or without .ttings.
-- For exclusive use in oil and gas wells
84.01 Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear
reactors; machinery and apparatus for isotopic separation.
84.02 Steam or other vapour generating boilers (other than central heating hot
water boilers capable also of producing low pressure steam); super-heated
water boilers.
84.03 Central heating boilers other than those of heading No. 84.02.
84.04 Auxiliary plant for use with boilers of heading No. 84.02 or 84.03 (for
example, economisers, super-heaters, soot removers, gas recoverers);
condensers for steam or other vapour power units.
84.05 Producer gas or water gas generators, with or without their puri.ers;
acetylene gas generators and similar water process gas generators, with or
without their puri.ers.
84 Covered by 8207 11 and 12 in the 1992 version.
194
* Except products for use in civil aircraft.
Ex 84.06 Steam turbines and other vapour turbines.
- Other turbines
85:8406.81 - Of an output exceeding 40 MW
8406.823 - Of an output not exceeding 40 MW
8406.90 - Parts
Ex 84.08* Compression-ignition internal combustion piston engines (diesel or semidiesel
engines).
Ex 8408.90 - Other engines
-- New, of a power exceeding 50 kW
Ex 84.09 Parts suitable for use solely or principally with the engines of heading No.
84.07 or 84.08.
8409.99 - Other
84.10 Hydraulic turbines, water wheels, and regulators therefor.
84.11* Turbo-jets, turbo-propellers and other gas turbines.
84.13* Pumps for liquids, whether or not .tted with a measuring device; liquids
elevators.
Ex 84.14* Air or vacuum pumps, air or other gas compressors and fans; ventilating
or recycling hoods incorporating a fan, whether or not .tted with .lters.
- Fans:
Ex 8414.59 - Other
-- For use in mining and power plants
8414.80 - Other
8414.90 - Parts
84.16 Furnace burners for liquid fuel, for pulverised solid fuel or for gas;
mechanical stokers, including their mechanical grates, mechanical ash
dischargers and similar appliances.
Ex 84.17 Industrial or laboratory furnaces and ovens, including incinerators, nonelectric.
Ex 8417.80 - Other
--Exclusively waste incinerators, laboratory furnaces
and ovens and uranium sintering ovens
Ex 8417.90 - Parts
-- Exclusively for waste incinerators, laboratory
furnaces and ovens and uranium sintering ovens
85 Covered by 8406 19 in the 1992 version.
TRADE AMENDEMENT
* Except products for use in civil aircraft.
Ex 84.18* Refrigerators, freezers, and other refrigerating or freezing equipment,
electric or other; heat pumps other than air conditioning machines of
heading No. 84.15.
- Other refrigerating or freezing equipment; heat
pumps:
8418.61 - Compression type units whose condensers are heat
exchangers
8418.69 - Other
Ex 84.19* Machinery, plant or laboratory equipment, whether or not electrically
heated, for the treatment of materials by a process involving a change
of temperature such as heating, cooking, roasting, distilling, rectifying,
sterilising, pasteurising, steaming, drying, evaporating, vapourising,
condensing or cooling, other than machinery or plant of a kind used for
domestic purposes; instantaneous or storage water heaters, non-electric.
8419.50 - Heat exchange units
8419.60 - Machinery for liquefying air or other gases
- Other machinery, plant and equipment:
8419.89 - Other
Ex 84.21* Centrifuges, including centrifugal dryers; .ltering or purifying machinery
and apparatus, for liquids and gases.
- Filtering or purifying machinery and apparatus for
liquids:
8421.21 - For .ltering or purifying water
- Filtering or purifying machinery and apparatus for
gases:
8421.39 - Other
Ex 84.25* Pulley tackle and hoists other than skip hoists; winches and capstans;
jacks.
8425.20 - Pit-head winding gear; winches specially designed for
use underground
Ex 84.26* Ships’ derricks; cranes, including cable cranes; mobile lifting frames,
straddle carriers and works trucks .tted with a crane.
Ex 8426.20 - Tower cranes
-- For o.shore platforms and onshore rigs
- Other machinery:
Ex 8426.91 - Designed for mounting on road vehicles
-- Lifting equipment for repairing and completion of
wells
196
* Except products for use in civil aircraft.
Ex 84.29 Self-propelled bulldozers, angledozers, graders, levellers, scrapers,
mechanical shovels, excavators, shovel loaders, tamping machines and
road rollers.
- Mechanical shovels, excavators and shovel loaders:
Ex 8429.51 - Front-end shovel loaders
-- Loaders specially designed for underground use
Ex 84.30 Other moving, grading, levelling, scraping, excavating, tamping,
compacting, extracting or boring machinery, for earth, minerals or ores;
pile-drivers and pile-extractors; snow-ploughs and snow-blowers.
- Coal or rock cutters and tunnelling machinery:
8430.31 - Self-propelled
8430.39 - Other
- Other boring or sinking machinery:
Ex 8430.41 - Self-propelled
-- For the discovery or exploitation of deposits of oil
and gas
Ex 8430.49 - Other
-- For the discovery or exploitation of deposits of oil
and gas
Ex 84.31 Parts suitable for use solely or principally with the machinery of heading
Nos. 84.25 to 84.30.
-- Only for machinery covered
84.71* Automatic data processing machines and units thereof; magnetic or
optical readers, machines for transcribing data onto data media in coded
form and machines for processing such data, not elsewhere speci.ed or
included.
Ex 84.74 Machinery for sorting, screening, separating, washing, crushing, grinding,
mixing or kneading earth, stone, ores or other mineral substances, in solid
(including powder or paste) form; machinery for agglomerating, shaping
or moulding solid mineral fuels, ceramic paste, unhardened cements,
plastering materials or other mineral products in powder or paste form;
machines for forming foundry moulds of sand.
8474.10 - Sorting, screening, separating or washing machines
8474.20 - Crushing or grinding machines
Ex 8474.90 - Parts
-- Of cast iron or cast steel
Ex 84.79* Machines and mechanical appliances having individual functions, not
speci.ed or included elsewhere in this Chapter.
8686 Chapter 84.
TRADE AMENDEMENT
* Except products for use in civil aircraft.
- Other machines and mechanical appliances:
Ex 8479.89 - Other
-- Mobile hydraulic powered mine roof support
Ex 84.81 Taps, cocks, valves and similar appliances for pipes, boiler shells, tanks,
vats or the like, including pressure-reducing valves and thermostatically
controlled valves.
8481.10 - Pressure-reducing valves
8481.20 - Valves for oleohydraulic or pneumatic transmissions
8481.40 - Safety or relief valves
8481.80 - Other appliances
8481.90 - Parts
Ex 84.83 Transmission shafts (including cam shafts and crank shafts) and cranks;
bearing housings and plain shaft bearings; gears and gearing; ball or roller
screws; gear boxes and other speed changers, including torque converters;
.ywheels and pulleys, including pulley blocks; clutches and shaft couplings
(including universal joints).
Ex 8483.40 - Gears and gearing, other than toothed wheels, chain
sprockets and other transmission elements presented
separately; ball or roller screws; gear boxes and other
speed changers, including torque converters
-- Transmission elements exclusively for use in sucker
rod pumping units in the oil and gas industry
Ex 84.84* Gaskets and similar joints of metal sheeting combined with other material
or of two or more layers of metal; sets or assortments of gaskets and
similar joints, dissimilar in composition, put up in pouches, envelopes or
similar packings; mechanical seals.
8484.10 - Gaskets and similar joints of metal sheeting combined
with other material or of two or more layers of metal
8484.20
87 - Mechanical seals85.01* Electric motors and generators (excluding generating sets).
85.02* Electric generating sets and rotary converters.
85.03* Parts suitable for use solely or principally with the machines of heading
No. 85.01 or 85.02.
Ex 85.04* Electrical transformers, static converters (for example, recti.ers) and
inductors.
- Liquid dielectric transformers:
87 Not covered by separate subheading in the 1992 version.
198
* Except products for use in civil aircraft.
8504.21 - Having a power handling capacity not exceeding
650 kVA
8504.22 - Having a power handling capacity exceeding 650
kVA but not exceeding 10,000 kVA
8504.23 - Having a power handling capacity exceeding 10,000
kVA
- Other transformers:
8504.33 - Having a power handling capacity exceeding 16
kVA but not exceeding 500 kVA
8504.34 - Having a power handling capacity exceeding 500
kVA
8504.40 - Static converters
8504.50 - Other inductors
8504.90 - Parts
Ex 85.07* Electric accumulators, including separators therefor, whether or not
rectangular (including square).
--Excluding the use for non-energy sectors
85.14 Industrial or laboratory electric (including induction or dielectric)
furnaces and ovens; other industrial or laboratory induction or dielectric
heating equipment.
Ex 85.26* Radar apparatus, radio navigational aid apparatus and radio remote
control apparatus.
8526.10 - Radar apparatus
- Other:
8526.91 - Radio navigational aid apparatus
85.31* Electric sound or visual signalling apparatus (for example bells, sirens,
indicator panels, burglar or .re alarms), other than those of heading No.
85.12 or 85.30.
Ex 85.32 Electrical capacitors, .xed, variable or adjustable (pre-set).
8532.10 - Fixed capacitors designed for use in 50/60 Hz circuits
and having a reactive power handling capacity of not
less than 0.5 kvar (power capacitors)
85.35 Electrical apparatus for switching or protecting electrical circuits, or for
making connections to or in electrical circuits (for example, switches,
fuses, lightning arresters, voltage limiters, surge suppressors, plugs,
junction boxes), for a voltage exceeding 1,000 volts.
TRADE AMENDEMENT
* Except products for use in civil aircraft.
85.36 Electrical apparatus for switching or protecting electrical circuits, or for
making connections to or in electrical circuits (for example, switches,
relays, fuses, surge suppressors, plugs, sockets, lamp-holders, junction
boxes), for a voltage not exceeding 1,000 volts.
Ex 8536.10 - Fuses
--Exceeding 63 ampere
Ex 8536.20 - Automatic circuit breakers
--Exceeding 63 ampere
Ex 8536.30 - Other apparatus for protecting electrical circuits
--Exceeding 16 ampere
- Relays:
8536.41 - For a voltage not exceeding 60 V
8536.49 - Other
Ex 8536.50 - Other switches
-- For a voltage exceeding 60 V
85.37 Boards, panels, consoles, desks, cabinets and other bases, equipped
with two or more apparatus of heading No. 85.35 or 85.36, for electric
control or the distribution of electricity, including those incorporating
instruments or apparatus of Chapter 90, and numerical control apparatus,
other than switching apparatus of heading No. 85.17.
85.38 Parts suitable for use solely or principally with the apparatus of heading
No. 85.35, 85.36 or 85.37.
Ex 85.41 Diodes, transistors and similar semiconductor devices; photosensitive
semiconductor devices, including photovoltaic cells whether or not
assembled in modules or made up into panels; light emitting diodes;
mounted piezo-electric crystals.
Ex 8541.40 - Photosensitive semiconductor devices, including
photovoltaic cells whether or not assembled in
modules or made up into panels; light emitting diodes
-- Photosensitive semiconductor devices, including
photovoltaic cells whether or not assembled in
modules or made up into panels
Ex 85.44 Insulated (including enamelled or anodised) wire, cable (including coaxial
cable) and other insulated electric conductors, whether or not .tted
with connectors; optical .bre cables, made up of individually sheathed
.bres, whether or not assembled with electric conductors or .tted with
connectors.
8544.60 - Other electric conductors, for a voltage exceeding
1,000 V
8544.70 - Optical .bre cables
200
* Except products for use in civil aircraft.
Ex 85.45 Carbon electrodes, carbon brushes, lamp carbons, battery carbons and
other articles of graphite or other carbon, with or without metal, of a kind
used for electrical purposes.
8545.20 - Bushes
85.46 Electrical insulators of any material.
85.47 Insulating .ttings for electrical machines, appliances or equipment, being
.ttings wholly of insulating material apart from any minor components
of metal (for example, threaded sockets) incorporated during moulding
solely for purposes of assembly, other than insulators of heading No.
85.46; electrical conduit tubing and joints therefor, of base metal lined
with insulating material.
Ex 87.04 Motor vehicles for the transport of goods.
- Other, with compression-ignition internal combustion
piston engine (diesel or semi-diesel):
Ex 8704.21 - g.v.w. not exceeding 5 tonnes
-- Specially designed for the transport of highly
radioactive materials
Ex 8704.22 - g.v.w. exceeding 5 tonnes but not exceeding 20
tonnes
-- Specially designed for the transport of highly
radioactive materials
Ex 8704.23 - g.v.w. exceeding 20 tonnes
-- Specially designed for the transport of highly
radioactive materials
- Other, with spark-ignition internal combustion piston
engine:
Ex 8704.31 - g.v.w. not exceeding 5 tonnes
-- Specially designed for the transport of highly
radioactive materials
Ex 8704.32 - g.v.w. exceeding 5 tonnes
-- Specially designed for the transport of highly
radioactive materials
Ex 87.05 Special purpose motor vehicles, other than those principally designed for
the transport of persons or goods (for example, breakdown lorries, crane
lorries, .re .ghting vehicles, concrete-mixer lorries, road sweeper lorries,
spraying lorries, mobile workshops, mobile radiological units).
8705.20 - Mobile drilling derricks
TRADE AMENDEMENT
* Except products for use in civil aircraft.
Ex 87.09 Works trucks, self-propelled, not .tted with lifting or handling equipment,
of the type used in factories, warehouses, dock areas or airports for short
distance transport of goods; tractors of the type used on railway station
platforms; parts of the foregoing vehicles.
- Vehicles:
Ex 8709.11 - Electrical
-- Specially designed for the transport of highly
radioactive materials
Ex 8709.19 - Other
-- Specially designed for the transport of highly
radioactive materials
Ex 89.05 Light-vessels, .re-.oats, dredgers, .oating cranes, and other vessels the
navigability of which is subsidiary to their main function; .oating docks;
.oating or submersible drilling or production platforms.
8905.20 - Floating or submersible drilling or production
platforms
Ex 90.15 Surveying (including photogrammetrical surveying), hydrographic,
oceanographic, hydrological, meteorological or geophysical instruments
and appliances, excluding compasses; range.nders.
Ex 9015.80 - Other instruments and appliances
-- Geophysical instruments only
9015.90 - Parts and accessories
Ex 90.26* Instruments and apparatus for measuring or checking the .ow, level,
pressure or other variables of liquids or gases (for example, .ow meters,
level gauges, manometers, heat meters), excluding instruments and
apparatus of heading No. 90.14, 90.15, 90.28 or 90.32.
--Except for use in the water distribution industry
90.27 Instruments and apparatus for physical or chemical analysis (for example
polarimeters, refractometers, spectrometers, gas or smoke analysis
apparatus); instruments and apparatus for measuring or checking
viscosity, porosity, expansion, surface tension or the like; instruments and
apparatus for measuring or checking quantities of heat, sound or light
(including exposure meters); microtomes.
90.28 Gas, liquid or electricity supply or production meters, including
calibrating meters therefor.
Ex 90.29* Revolution counters, production counters, taximeters, mileometers,
pedometers and the like; speed indicators and tachometers, other than
those of heading No. 90.14 or 90.15; stroboscopes.
202
* Except products for use in civil aircraft.
Ex 9029.10 - Revolution counters, production counters, taximeters,
mileometers, pedometers and the like
-- Production counters
Ex 9029.90 - Parts and accessories
-- For production counters
Ex 90.30* Oscilloscopes, spectrum analysers and other instruments and apparatus
for measuring or checking electrical quantities, excluding meters of
heading No. 90.28; instruments and apparatus for measuring or detecting
alpha, beta, gamma, X-ray, cosmic or other ionising radiations.
Ex 9030.10 - Instruments and apparatus for measuring or detecting
ionising radiations
-- For use in the energy sector
- Other instruments and apparatus, for measuring or
checking voltage, current, resistance or power, without
a recording device:
9030.31 - Multimeters
9030.39 - Other
- Other instruments and apparatus:
Ex 9030.83
88 - Other, with a recording device-- For use in the energy sector
Ex 9030.89 - Other
-- For use in the energy sector
Ex 9030.90 - Parts and accessories
-- For use in the energy sector
90.32* Automatic regulating or controlling instruments and apparatus.
88 Covered by 9030 81 in the 1992 version.
TRADE AMENDEMENT
4. ANNEX EQ II
LIST OF ENERGY-RELATED EQUIPMENT
(In accordance with Article 1(4bis))
14. ANNEX BR
LIST OF CONTRACTING PARTIES WHICH SHALL NOT INCREASE ANY CUSTOMS
DUTY OR OTHER CHARGE ABOVE THE LEVEL RESULTING FROM THEIR
COMMITMENTS OR ANY PROVISIONS APPLICABLE TO THEM UNDER THE WTO
AGREEMENT.
(In accordance with Article 29 (7))
15. ANNEX BRQ
LIST OF CONTRACTING PARTIES WHICH SHALL NOT INCREASE
ANY CUSTOMS DUTY OR OTHER CHARGE ABOVE THE LEVEL
RESULTING FROM THEIR COMMITMENTS OR ANY PROVISIONS
APPLICABLE TO THEM UNDER THE WTO AGREEMENT.
(IN ACCORDANCE WITH ARTICLE 29 (7))
ARTICLE 6
PROVISIONAL APPLICATION
(1) Each signatory which applies the Energy Charter Treaty provisionally in
accordance with Article 45(1) and each Contracting Party agrees to apply
this Amendment provisionally pending its entry into force for such signatory
or Contracting Party to the extent that such provisional application is not
inconsistent with its constitution, laws or regulations.
(2) (a) Notwithstanding paragraph (1):
(i) any signatory which applies the Energy Charter Treaty provisionally or
Contracting Party may deliver to the Depository within 90 days from
the date of the adoption of this Amendment by the Charter Conference
a declaration that it is not able to accept the provisional application of
this Amendment;
8989 See Decisions in connection with the Adoption of the Amendment to the Trade-Related Provisions of the Energy
Charter Treaty (Annex 2 to the Final Act), n. 1, p. 205.
204
(ii) any signatory which does not apply the Energy Charter Treaty
provisionally in accordance with Article 45(2) may deliver to the
Depository not later than the date on which it becomes a Contracting
Party or begins to apply the Treaty provisionally a declaration that it is
not able to accept the provisional application of this Amendment.
The obligation contained in paragraph (1) shall not apply to a signatory
or Contracting Party making such a declaration. Any such signatory or
Contracting Party may at any time withdraw that declaration by written
noti.cation to the Depository.
(b) Neither a signatory or Contracting Party which makes a declaration
in accordance with subparagraph (a) nor Investors of that signatory or
Contracting Party may claim the bene.ts of provisional application under
paragraph (1).
(3) Any signatory or Contracting Party may terminate its provisional
application of this Amendment by written noti.cation to the Depository of
its intention not to ratify, accept or approve this Amendment. Termination
of provisional application for any signatory or Contracting Party shall
take e.ect upon the expiration of 60 days from the date on which such
signatory’s or Contracting Party’s written noti.cation is received by the
Depository. Any signatory which terminates its provisional application
of the Energy Charter Treaty in accordance with Article 45(3)(a) shall be
considered as also having terminated its provisional application of this
Amendment with the same date of e.ect.
ARTICLE 7
STATUS OF DECISIONS
The Decisions adopted in connection with the adoption of this Amendment are an
integral part of the Energy Charter Treaty.
DECISIONS IN CONNECTION WITH THE ADOPTION
OF THE AMENDMENT TO THE TRADE-RELATED
PROVISIONS OF THE ENERGY CHARTER TREATY
(ANNEX 2 TO THE FINAL ACT OF THE
INTERNATIONAL CONFERENCE AND DECISION
OF THE ENERGY CHARTER CONFERENCE)
1. A signatory which does not apply the Amendment adopted on 24 April 1998
provisionally may at the time that it takes action to apply that Amendment,
whether on a de.nitive or a provisional basis, notify the Secretariat in writing
that until it is listed in Annexes BR and BRQ, it will apply the Amendment as if
all items of Energy Materials and Products and of Energy-Related Equipment
continued to be listed in Annexes EM I and EQ I.
90The Amendment shall apply accordingly to such a signatory.
Any signatory may at any time withdraw the noti.cation referred to above in
writing to the Secretariat.
2. The ‘Final Provisions’ of the Amendment shall be based on Part VIII, in
particular Article 42, of the Energy Charter Treaty so far as relevant.
90 See Chairman’s Statement at the Adoption Session on 24 April 1998, p. 206.