Displaying 201 - 400 of 485

Paragraphs in "Energy Charter Treaty" coded as

Label Provision
Art.17.2.b.ii ii) would be violated or circumvented if the benefits of this Part were accorded to Investors of that state or to their Investments.
Sect.4 PART IV
Art.18 Article 18
Art.18.1 1) The Contracting Parties recognize state sovereignty and sovereign rights over energy resources. They reaffirm that these must be exercised in accordance with and subject to the rules of international law.
Art.18.2 2) Without affecting the objectives of promoting access to energy resources, and exploration and development thereof on a commercial basis, the Treaty shall in no way prejudice the rules in Contracting Parties governing the system of property ownership of energy resources.
Art.18.3 3) Each state continues to hold in particular the rights to decide the geographical areas within its Area to be made available for exploration and development of its energy resources, the optimalization of their recovery and the rate at which they may be depleted or otherwise exploited, to specify and enjoy any taxes, royalties or other financial payments payable by virtue of such exploration and exploitation, and to regulate the environmental and safety aspects of such exploration, development and reclamation within its Area, and to participate in such exploration and exploitation, inter alia , through direct participation by the government or through state enterprises.
Art.18.4 4) The Contracting Parties undertake to facilitate access to energy resources, inter alia , by allocating in a non-discriminatory manner on the basis of published criteria authorizations, licences, concessions and contracts to prospect and explore for or to exploit or extract energy resources.
Art.19 Article 19
Art.19.1 1) In pursuit of sustainable development and taking into account its obligations under those international agreements concerning the environment to which it is party, each Contracting Party shall strive to minimize in an economically efficient manner harmful Environmental Impacts occurring either within or outside its Area from all operations within the Energy Cycle in its Area, taking proper account of safety. In doing so each Contracting Party shall act in a Cost-Effective manner. In its policies and actions each Contracting Party shall strive to take precautionary measures to prevent or minimize environmental degradation. The Contracting Parties agree that the polluter in the Areas of Contracting Parties, should, in principle, bear the cost of pollution, including transboundary pollution, with due regard to the public interest and without distorting Investment in the Energy Cycle or international trade. Contracting Parties shall accordingly:
Art.19.1.a a) take account of environmental considerations throughout the formulation and implementation of their energy policies;
Art.19.1.b b) promote market-oriented price formation and a fuller reflection of environmental costs and benefits throughout the Energy Cycle;
Art.19.1.c c) having regard to Article 344), encourage cooperation in the attainment of the environmental objectives of the Charter and cooperation in the field of international environmental standards for the Energy Cycle, taking into account differences in adverse effects and abatement costs between Contracting Parties;
Art.19.1.d d) have particular regard to Improving Energy Efficiency, to developing and using renewable energy sources, to promoting the use of cleaner fuels and to employing technologies and technological means that reduce pollution;
Art.19.1.e e) promote the collection and sharing among Contracting Parties of information on environmentally sound and economically efficient energy policies and Cost-Effective practices and technologies;
Art.19.1.f f) promote public awareness of the Environmental Impacts of energy systems, of the scope for the prevention or abatement of their adverse Environmental Impacts, and of the costs associated with various prevention or abatement measures;
Art.19.1.g g) promote and cooperate in the research, development and application of energy efficient and environmentally sound technologies, practices and processes which will minimize harmful Environmental Impacts of all aspects of the Energy Cycle in an economically efficient manner.
Art.19.1.h h) encourage favourable conditions for the transfer and dissemination of such technologies consistent with the adequate and effective protection of Intellectual Property rights;
Art.19.1.i i) promote the transparent assessment at an early stage and prior to decision, and subsequent monitoring, of Environmental Impacts of environmentally significant energy investment projects;
Art.19.1.j j) promote international awareness and information exchange on Contracting Parties' relevant environmental programmes and standards and on the implementation of those programmes and standards;
Art.19.1.k k) participate, upon request, and within their available resources, in the development and implementation of appropriate environmental programmes in the Contracting Parties.
Art.19.2 2) At the request of one or more Contracting Parties, disputes concerning the application or interpretation of provisions of this Article shall, to the extent that arrangements for the consideration of such disputes do not exist in other appropriate international fora, be reviewed by the Charter Conference aiming at a solution.
Art.19.3 3) For the purposes of this Article:
Art.19.3.a a) "Energy Cycle" means the entire energy chain including activities related to prospecting for, exploration, production, conversion, storage, transport, distribution and consumption of the various forms of energy, and the treatment and disposal of wastes, as well as the decommissioning, cessation or closure of these activities, minimizing harmful Environmental Impacts;
Art.19.3.b b) "Environmental Impact" means any effect caused by a given activity on the environment, including human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interactions among these factors; it also includes effects on cultural heritage or socio-ecomomic conditions resulting from alterations to those factors;
Art.19.3.c c) "Improving Energy Efficiency" means acting to maintain the same unit of output of a good or service) without reducing the quality or performance of the output, while reducing the amount of energy required to produce that output;
Art.19.3.d d) "Cost-Effective" means to achieve a defined objective at the lowest cost or to achieve the greatest benefit at a given cost.
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.21 Article 21
Art.21.1 1) Except as otherwise provided in this Article, nothing in this Treaty shall create rights or impose obligations with respect to Taxation Measures of the Contracting Parties. In the event of any inconsistency between this Article and any other provision of the Treaty, this Article shall prevail to the extent of the inconsistency.
Art.21.2 2) Article 73) shall apply to Taxation Measures other than those on income or on capital, except that such provision shall not apply to:
Art.21.2.a a) an advantage accorded by a Contracting Party pursuant to the tax provisions of any convention, agreement or arrangement described in subparagraph 7)a)ii); or
Art.21.2.b b) any Taxation Measure aimed at ensuring the effective collection of taxes, except where the measure of a Contracting Party arbitrarily discriminates against Energy Materials and Products originating in, or destined for the Area of another Contracting Party or arbitrarily restricts benefits accorded under Article 73).
Art.21.3 3) Article 102) and 7) shall apply to Taxation Measures of the Contracting Parties other than those on income or on capital, except that such provisions shall not apply to:
Art.21.3.a a) impose most favoured nation obligations with respect to advantages accorded by a Contracting Party pursuant to the tax provisions of any convention, agreement or arrangement described in subparagraph 7)a)ii) or resulting from membership of any Regional Economic Integration Organization; or
Art.21.3.b b) any Taxation Measure aimed at ensuring the effective collection of taxes, except where the measure arbitrarily discriminates against an Investor of another Contracting Party or arbitrarily restricts benefits accorded under the Investment provisions of this Treaty.
Art.21.4 4) Article 292) to 6) shall apply to Taxation Measures other than those on income or on capital.
Art.21.5.a 5) a) Article 13 shall apply to taxes.
Art.21.5.b b) Whenever an issue arises under Article 13, to the extent it pertains to whether a tax constitutes an expropriation or whether a tax alleged to constitute an expropriation is discriminatory, the following provisions shall apply:
Art.21.5.b.i i) The Investor of the Contracting Party alleging expropriation shall refer the issue of whether the tax is an expropriation or whether the tax is discriminatory to the relevant Competent Tax Authority. Failing such referral by the Investor or the Contracting Party, bodies called upon to settle disputes pursuant to Article 262)c) or 272) shall make a referral to the relevant Competent Tax Authorities;
Art.21.5.b.ii ii) The Competent Tax Authorities shall, within a period of six months of such referral, strive to resolve the issues so referred. Where non-discrimination issues are concerned, the Competent Tax Authorities shall apply the non-discrimination provisions of the relevant tax convention or, if there is no non-discrimination provision in the relevant tax convention applicable to the tax or no such tax convention is in force between the Contracting Parties concerned, they shall apply the non-discrimination principles under the Model Tax Convention on Income and Capital of the Organisation for Economic Cooperation and Development;
Art.21.5.b.iii iii) Bodies called upon to settle disputes pursuant to Article 262)c) or 272) may take into account any conclusions arrived at by the Competent Tax Authorities regarding whether the tax is an expropriation. Such bodies shall take into account any conclusions arrived at within the six-month period prescribed in subparagraph b)ii) by the Competent Tax Authorities regarding whether the tax is discriminatory. Such bodies may also take into account any conclusions arrived at by the Competent Tax Authorities after the expiry of the six-month period;
Art.21.5.b.iv iv) Under no circumstances shall involvement of the Competent Tax Authorities, beyond the end of the six-month period referred to in subparagraph b)ii), lead to a delay of proceedings under Articles 26 and 27.
Art.21.6 6) For the avoidance of doubt, Article 14 shall not limit the right of a Contracting Party to impose or collect a tax by withholding or other means.
Art.21.7 7) For the purposes of this Article:
Art.21.7.a a) The term "Taxation Measure" includes:
Art.21.7.a.i i) any provision relating to taxes of the domestic law of the Contracting Party or of a political subdivision thereof or a local authority therein; and
Art.21.7.a.ii ii) any provision relating to taxes of any convention for the avoidance of double taxation or of any other international agreement or arrangement by which the Contracting Party is bound.
Art.21.7.b b) There shall be regarded as taxes on income or on capital all taxes imposed on total income, on total capital or on elements of income or of capital, including taxes on gains from the alienation of property, taxes on estates, inheritances and gifts, or substantially similar taxes, taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation.
Art.21.7.c c) A "Competent Tax Authority " means the competent authority pursuant to a double taxation agreement in force between the Contracting Parties or, when no such agreement is in force, the minister or ministry responsible for taxes or their authorized representatives.
Art.21.7.d d) For the avoidance of doubt, the terms "tax provisions" and "taxes" do not include customs duties.
Art.22 Article 22
Art.22.1 1) Each Contracting Party shall ensure that any state enterprise which it maintains or establishes shall conduct its activities in relation to the sale or provision of goods and services in its Area in a manner consistent with the Contracting Party's obligations under Part III of this Treaty.
Art.22.2 2) No Contracting Party shall encourage or require such a state enterprise to conduct its activities in its Area in a manner inconsistent with the Contracting Party's obligations under other provisions of this Treaty.
Art.22.3 3) Each Contracting Party shall ensure that if it establishes or maintains an entity and entrusts the entity with regulatory, administrative or other governmental authority, such entity shall exercise that authority in a manner consistent with the Contracting Party's obligations under this Treaty.
Art.22.4 4) No Contracting Party shall encourage or require any entity to which it grants exclusive or special privileges to conduct its activities in its Area in manner inconsistent with the Contracting Party's obligations under this Treaty.
Art.22.5 5) For the purposes of this Article, "entity" includes any enterprise, agency or other organization or individual.
Art.23 Article 23
Art.23.1 1) Each Contracting Party is fully responsible under this Treaty for the observance of all provisions of the Treaty, and shall take such reasonable measures as may be available to it to ensure such observance by regional and local governments and authorities within its Area.
Art.23.2 2) The dispute settlement provisions in Parts II, IV and V of this Treaty may be invoked in respect of measures affecting the observance of the Treaty by a Contracting Party which have been taken by regional or local governments or authorities within the Area of the Contracting Party.
Art.24 Article 24
Art.24.1 1) This Article shall not apply to Articles 12, 13 and 29.
Art.24.2 2) The provisions of this Treaty other than
Art.24.2.a a) those referred to in paragraph 1; and
Art.24.2.b b) with respect to subparagraph i), Part III of the Treaty
Art.24.2.cx shall not preclude any Contracting Party from adopting or enforcing any measure
Art.24.2.cx.i i) necessary to protect human, animal or plant life or health;
Art.24.2.cx.ii ii) essential to the acquisition or distribution of Energy Materials and Products in conditions of short supply arising from causes outside the control of that Contracting Party, provided that any such measure shall be consistent with the principles that
Art.24.2.cx.ii.A A) all other Contracting Parties are entitled to an equitable share of the international supply of such Energy Materials and Products; and
Art.24.2.cx.ii.B B) any such measure that is inconsistent with this Treaty shall be discontinued as soon as the conditions giving rise to it have ceased to exist; or
Art.24.2.cx.iii iii) designed to benefit Investors who are aboriginal people or socially or economically disadvantaged individuals or groups or their Investments and notified to the Secretariat as such, provided that such measure
Art.24.2.cx.iii.A A) has no significant impact on that Contracting Party's economy; and
Art.24.2.cx.iii.B B) does not discriminate between Investors of any other Contracting Party and Investors of that Contracting Party not included among those for whom the measure is intended,
Art.24.2.dx provided that no such measure shall constitute a disguised restriction on Economic Activity in the Energy Sector, or arbitrary or unjustifiable discrimination between Contracting Parties or between Investors or other interested persons of Contracting Parties. Such measures shall be duly motivated and shall not nullify or impair any benefit one or more other Contracting Parties may reasonably expect under this Treaty to an extent greater than is strictly necessary to the stated end.
Art.24.3 3) The provisions of this Treaty other than those referred to in paragraph 1) shall not be construed to prevent any Contracting Party from taking any measure which it considers necessary:
Art.24.3.a a) for the protection of its essential security interests including those
Art.24.3.a.i i) relating to the supply of Energy Materials and Products to a military establishment; or
Art.24.3.a.ii ii) taken in time of war, armed conflict or other emergency in international relations;
Art.24.3.b b) relating to the implementation of national policies respecting the non-proliferation of nuclear weapons or other nuclear explosive devices or needed to fulfil its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, the Nuclear Suppliers Guidelines, and other international nuclear non-proliferation obligations or understandings; or
Art.24.3.c c) for the maintenance of public order.
Art.24.3.dx Such measure shall not constitute a disguised restriction on Transit.
Art.24.4 4) The provisions of this Treaty which accord most favoured nation treatment shall not oblige any Contracting Party to extend to the Investors of any other Contracting Party any preferential treatment:
Art.24.4.a a) resulting from its membership of a free-trade area or customs union; or
Art.24.4.b b) which is accorded by a bilateral or multilateral agreement concerning economic cooperation between states that were constituent parts of the former Union of Soviet Socialist Republics pending the establishment of their mutual economic relations on a definitive basis.
Art.25 Article 25
Art.25.1 1) The provisions of this Treaty shall not be so construed as to oblige a Contracting Party which is party to an Economic Integration Agreement hereinafter referred to as "EIA") to extend, by means of most favoured nation treatment, to another Contracting Party which is not a party to that EIA, any preferential treatment applicable between the parties to that EIA as a result of their being parties thereto.
Art.25.2 2) For the purposes of paragraph 1), "EIA" means an agreement substantially liberalizing, inter alia, trade and investment, by providing for the absence or elimination of substantially all discrimination between or among parties thereto through the elimination of existing discriminatory measures and/or the prohibition of new or more discriminatory measures, either at the entry into force of that agreement or on the basis of a reasonable time frame.
Art.25.3 3) This Article shall not affect the application of the GATT and Related Instruments according to Article 29.
Sect.5 PART V
Art.26 Article 26
Art.26.1 1) Disputes between a Contracting Party and an Investor of another Contracting Party relating to an Investment of the latter in the Area of the former, which concern an alleged breach of an obligation of the former under Part III shall, if possible, be settled amicably.
Art.26.2 2) If such disputes can not be settled according to the provisions of paragraph 1) within a period of three months from the date on which either party to the dispute requested amicable settlement, the Investor party to the dispute may choose to submit it for resolution:
Art.26.2.a a) to the courts or administrative tribunals of the Contracting Party party to the dispute;
Art.26.2.b b) in accordance with any applicable, previously agreed dispute settlement procedure; or
Art.26.2.c c) in accordance with the following paragraphs of this Article.
Art.26.3.a 3) a) Subject only to subparagraphs b) and c), each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration or conciliation in accordance with the provisions of this Article.
Art.26.3.b b) i) The Contracting Parties listed in Annex ID do not give such unconditional consent where the Investor has previously submitted the dispute under subparagraph 2)a) or b).
Art.26.3.b.ii ii) For the sake of transparency, each Contracting Party that is listed in Annex ID shall provide a written statement of its policies, practices and conditions in this regard to the Secretariat no later than the date of the deposit of its instrument of ratification, acceptance or approval in accordance with Article 39 or the deposit of its instrument of accession in accordance with Article 41.
Art.26.3.c c) A Contracting Party listed in Annex IA does not give such unconditional consent with respect to a dispute arising under the last sentence of Article 101).
Art.26.4 4) In the event that an Investor chooses to submit the dispute for resolution under subparagraph 2)c), the Investor shall further provide its consent in writing for the dispute to be submitted to:
Art.26.4.a.i a) i) The International Centre for Settlement of Investment Disputes, established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States opened for signature at Washington, 18 March 1965 hereinafter referred to as the "ICSID Convention"), if the Contracting Party of the Investor and the Contracting Party party to the dispute are both parties to the ICSID Convention; or
Art.26.4.a.ii ii) The International Centre for Settlement of Investment Disputes, established pursuant to the Convention referred to in subparagraph a)i), under the rules governing the Additional Facility for the Administration of Proceedings by the Secretariat of the Centre hereinafter referred to as the "Additional Facility Rules"), if the Contracting Party of the Investor or the Contracting Party party to the dispute, but not both, is a party to the ICSID Convention;
Art.26.4.b b) a sole arbitrator or ad hoc arbitration tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law hereinafter referred to as "UNCITRAL"); or
Art.26.4.c c) an arbitral proceeding under the Arbitration Institute of the Stockholm Chamber of Commerce.
Art.26.5.a 5) a) The consent given in paragraph 3) together with the written consent of the Investor given pursuant to paragraph 4) shall be considered to satisfy the requirement for:
Art.26.5.a.i i) written consent of the parties to a dispute for purposes of Chapter II of the ICSID Convention and for purposes of the Additional Facility Rules;
Art.26.5.a.ii ii) an "agreement in writing" for purposes of article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, 10 June 1958 hereinafter referred to as the "New York Convention"); and
Art.26.5.a.iii iii) "the parties to a contract [to] have agreed in writing" for the purposes of article 1 of the UNCITRAL Arbitration Rules.
Art.26.5.b b) Any arbitration under this Article shall at the request of any party to the dispute be held in a state that is a party to the New York Convention. Claims submitted to arbitration hereunder shall be considered to arise out of a commercial relationship or transaction for the purposes of article 1 of that Convention.
Art.26.6 6) A tribunal established under paragraph 4) shall decide the issues in dispute in accordance with this Treaty and applicable rules and principles of international law.
Art.26.7 7) An investor other than a natural person which has the nationality of a Contracting Party party to the dispute on the date of the consent in writing referred to in paragraph 4) and which, before a dispute between it and that Contracting Party arises, is controlled by Investors of another Contracting Party, shall for the purpose of article 252)b) of the ICSID Convention be treated as a "national of another Contracting State" and shall for the purpose of article 16) of the Additional Facility Rules be treated as a "national of another State".
Art.26.8 8) The awards of arbitration, which may include an award of interest, shall be final and binding upon the parties to the dispute. An award of arbitration concerning a measure of a sub-national government or authority of the disputing Contracting Party shall provide that the Contracting Party may pay monetary damages in lieu of any other remedy granted. Each Contracting Party shall carry out without delay any such award and shall make provision for the effective enforcement in its Area of such awards.
Art.27 Article 27
Art.27.1 1) Contracting Parties shall endeavour to settle disputes concerning the application or interpretation of this Treaty through diplomatic channels.
Art.27.2 2) If a dispute has not been settled in accordance with paragraph 1) within a reasonable period of time, either party thereto may, except as otherwise provided in this Treaty or agreed in writing by the Contracting Parties, and except as concerns the application or interpretation of Article 6 or Article 19 or, for Contracting Parties listed in Annex IA, the last sentence of Article 101), upon written notice to the other party to the dispute submit the matter to an ad hoc tribunal under this Article.
Art.27.3 3) Such an ad hoc arbitral tribunal shall be constituted as follows:
Art.27.3.a a) The Contracting Party instituting the proceedings shall appoint one member of the tribunal and inform the other Contracting Party to the dispute of its appointment within 30 days of receipt of the notice referred to in paragraph 2) by the other Contracting Party;
Art.27.3.b b) Within 60 days of the receipt of the written notice referred to in paragraph 2), the other Contracting Party party to the dispute shall appoint one member. If the appointment is not made within the time limit prescribed, the Contracting Party having instituted the proceedings may, within 90 days of the receipt of the written notice referred to in paragraph 2), request that the appointment be made in accordance with subparagraph d);
Art.27.3.c c) A third member, who may not be a national or citizen of a Contracting Party party to the dispute, shall be appointed by the Contracting Parties parties to the dispute. That member shall be the President of the tribunal. If, within 150 days of the receipt of the notice referred to in paragraph 2), the Contracting Parties are unable to agree on the appointment of a third member, that appointment shall be made, in accordance with subparagraph d), at the request of either Contracting Party submitted within 180 days of the receipt of that notice;
Art.27.3.d d) Appointments requested to be made in accordance with this paragraph shall be made by the Secretary-General of the Permanent Court of International Arbitration within 30 days of the receipt of a request to do so. If the Secretary-General is prevented from discharging this task, the appointments shall be made by the First Secretary of the Bureau. If the latter, in turn, is prevented from discharging this task, the appointments shall be made by the most senior Deputy;
Art.27.3.e e) Appointments made in accordance with subparagraphs a) to d) shall be made with regard to the qualifications and experience, particularly in matters covered by this Treaty, of the members to be appointed;
Art.27.3.f f) In the absence of an agreement to the contrary between the Contracting Parties, the Arbitration Rules of UNCITRAL shall govern, except to the extent modified by the Contracting Parties parties to the dispute or by the arbitrators. The tribunal shall take its decisions by a majority vote of its members;
Art.27.3.g g) The tribunal shall decide the dispute in accordance with this Treaty and applicable rules and principles of international law;
Art.27.3.h h) The arbitral award shall be final and binding upon the Contracting Parties parties to the dispute;
Art.27.3.i i) Where, in making an award, a tribunal finds that a measure of a regional or local government or authority within the Area of a Contracting Party listed in Part I of Annex P is not in conformity with this Treaty, either party to the dispute may invoke the provisions of Part II of Annex P;
Art.27.3.j j) The expenses of the tribunal, including the remuneration of its members, shall be borne in equal shares by the Contracting Parties parties to the dispute. The tribunal may, however, at its discretion direct that a higher proportion of the costs be paid by one of the Contracting Parties parties to the dispute;
Art.27.3.k k) Unless the Contracting Parties parties to the dispute agree otherwise, the tribunal shall sit in The Hague, and use the premises and facilities of the Permanent Court of Arbitration;
Art.27.3.l l) A copy of the award shall be deposited with the Secretariat which shall make it generally available.
Art.28 Article 28
Art.28.1x A dispute between Contracting Parties with respect to the application or interpretation of Article 5 or 29 shall not be settled under Article 27 unless the Contracting Parties parties to the dispute so agree.
Sect.6 PART VI
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.31 Article 31
Art.31.1x The provisional Charter Conference shall at its first meeting commence examination of the inclusion of energy-related equipment in the trade provisions of this Treaty.
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.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;

Pages