Displaying 201 - 313 of 313

Paragraphs in "Energy Charter Treaty" coded as SUBS

Label Provision
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.29 Article 29
Art.29.1 1) The provisions of this Article shall apply to trade in Energy Materials and Products while any Contracting Party is not a party to the GATT and Related Instruments.
Art.29.2.a 2) a) Trade in Energy Materials and Products between Contracting Parties at least one of which is not a party to the GATT or a relevant Related Instrument shall be governed, subject to subparagraphs b) and c) and to the exceptions and rules provided for in Annex G, by the provisions of GATT 1947 and Related Instruments, as applied on 1 March 1994 and practised with regard to Energy Materials and Products by parties to GATT 1947 among themselves, as if all Contracting Parties were parties to GATT 1947 and Related Instruments.
Art.29.2.b b) Such trade of a Contracting Party which is a state that was a constituent part of the former Union of Soviet Socialist Republics may instead be governed, subject to the provisions of Annex TFU, by an agreement between two or more such states, until 1 December 1999 or the admission of that Contracting Party to the GATT, whichever is the earlier.
Art.29.2.c c) As concerns trade between any two parties to the GATT, subparagraph a) shall not apply if either of those parties is not a party to GATT 1947.
Art.29.3 3) Each signatory to this Treaty, and each state or Regional Economic Integration Organization acceding to this Treaty, shall on the date of its signature or of its deposit of its instrument of accession provide to the Secretariat a list of all tariff rates and other charges levied on Energy Materials and Products at the time of importation or exportation, notifying the level of such rates and charges applied on such date of signature or deposit. Any changes to such rates or other charges shall be notified to the Secretariat, which shall inform the Contracting Parties of such changes.
Art.29.4 4) Each Contracting Party shall endeavour not to increase any tariff rate or other charge levied at the time of importation or exportation:
Art.29.4.a a) in the case of the importation of Energy Materials and Products described in Part I of the Schedule relating to the Contracting Party referred to in article II of the GATT, above the level set forth in that Schedule, if the Contracting Party is a party to the GATT;
Art.29.4.b b) in the case of the exportation of Energy Materials and Products, and that of their importation if the Contracting Party is not a party to the GATT, above the level most recently notified to the Secretariat, except as permitted by the provisions made applicable by subparagraph 2)a).
Art.29.5 5) A Contracting Party may increase such tariff rate or other charge above the level referred to in paragraph 4) only if:
Art.29.5.a a) in the case of a rate or other charge levied at the time of importation, such action is not inconsistent with the applicable provisions of the GATT other than those provisions of GATT 1947 and Related Instruments listed in Annex G and the corresponding provisions of GATT 1994 and Related Instruments; or
Art.29.5.b b) it has, to the fullest extent practicable under its legislative procedures, notified the Secretariat of its proposal for such an increase, given other interested Contracting Parties reasonable opportunity for consultation with respect to its proposal, and accorded consideration to any representations from such Contracting Parties.
Art.29.6 6) Signatories undertake to commence negotiations not later than 1 January 1995 with a view to concluding by 1 January 1998, as appropriate in the light of any developments in the world trading system, a text of an amendment to this Treaty which shall, subject to conditions to be laid down therein, commit each Contracting Party not to increase such tariffs or charges beyond the level prescribed under that amendment.
Art.29.7 7) Annex D shall apply to disputes regarding compliance with provisions applicable to trade under this Article and, unless both Contracting Parties agree otherwise, to disputes regarding compliance with Article 5 between Contracting Parties at least one of which is not a party to the GATT, except that Annex D shall not apply to any dispute between Contracting Parties, the substance of which arises under an agreement that:
Art.29.7.a a) has been notified in accordance with and meets the other requirements of subparagraph 2)b) and Annex TFU; or
Art.29.7.b b) establishes a free-trade area or a customs union as described in article XXIV of the GATT.
Art.32 Article 32
Art.32.1 1) In recognition of the need for time to adapt to the requirements of a market economy, a Contracting Party listed in Annex T may temporarily suspend full compliance with its obligations under one or more of the following provisions of this Treaty, subject to the conditions in paragraphs 3) to 6):
Art.32.1.ax Article 62) and 5)
Art.32.1.bx Article 74)
Art.32.1.cx Article 91)
Art.32.1.dx Article 107) - specific measures
Art.32.1.ex Article 141)d) - related only to transfer of unspent earnings
Art.32.1.fx Article 203)
Art.32.1.gx Article 221) and 3)
Art.32.2 2) Other Contracting Parties shall assist any Contracting Party which has suspended full compliance under paragraph 1) to achieve the conditions under which such suspension can be terminated. This assistance may be given in whatever form the other Contracting Parties consider most effective to respond to the needs notified under subparagraph 4)c) including, where appropriate, through bilateral or multilateral arrangements.
Art.32.3 3) The applicable provisions, the stages towards full implementation of each, the measures to be taken and the date or, exceptionally, contingent event, by which each stage shall be completed and measure taken are listed in Annex T for each Contracting Party claiming transitional arrangements. Each such Contracting Party shall take the measure listed by the date indicated for the relevant provision and stage as set out in Annex T. Contracting Parties which have temporarily suspended full compliance under paragraph (1) undertake to comply fully with the relevant obligations by 1 July 2001. Should a Contracting Party find it necessary, due to exceptional circumstances, to request that the period of such temporary suspension be extended or that any further temporary suspension not previously listed in Annex T be introduced, the decision on a request to amend Annex T shall be made by the Charter Conference.
Art.32.4 4) A Contracting Party which has invoked transitional arrangements shall notify the Secretariat no less often than once every 12 months:
Art.32.4.a a) of the implementation of any measures listed in its Annex T and of its general progress to full compliance;
Art.32.4.b b) of the progress it expects to make during the next 12 months towards full compliance with its obligations, of any problem if foresees and of its proposals for dealing with that problem;
Art.32.4.c c) of the need for technical assistance to facilitate completion of the stages set out in Annex T as necessary for the full implementation of this Treaty, or to deal with any problem notified pursuant to subparagraph b) as well as to promote other necessary market-oriented reforms and modernization of its energy sector;
Art.32.4.d d) of any possible need to make a request of the kind referred to in paragraph 3).
Art.32.5 5) The Secretariat shall:
Art.32.5.a a) circulate to all Contracting Parties the notifications referred to in paragraph 4);
Art.32.5.b b) circulate and actively promote, relying where appropriate on arrangements existing within other international organizations, the matching of needs for and offers of technical assistance referred to in paragraph 2) and subparagraph 4)c);
Art.32.5.c c) circulate to all Contracting Parties at the end of each six month period a summary of any notifications made under subparagraph 4)a) or d).
Art.32.6 6) The Charter Conference shall annually review the progress by Contracting Parties towards implementation of the provisions of this Article and the matching of needs and offers of technical assistance referred to in paragraph 2) and subparagraph 4)c). In the course of that review it may decide to take appropriate action.
Sect.7 PART VII
Art.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.36 Article 36
Art.36.1 1) Unanimity of the Contracting Parties Present and Voting at the meeting of the Charter Conference where such matters fall to be decided shall be required for decisions by the Charter Conference to:
Art.36.1.a a) adopt amendments to this Treaty other than amendments to Articles 34 and 35 and Annex T;
Art.36.1.b b) approve accessions to this Treaty under Article 41 by states or Regional Economic Integration Organizations which were not signatories to the Charter as of 16 June 1995;
Art.36.1.c c) authorize the negotiation of and approve or adopt the text of association agreements;
Art.36.1.d d) approve modifications to Annexes EM, NI, G and B;
Art.36.1.e e) approve technical changes to the Annexes to this Treaty; and
Art.36.1.f f) approve the Secretary-General's nominations of panelists under Annex D, paragraph 7).
Art.36.1.gx The Contracting Parties shall make every effort to reach agreement by consensus on any other matter requiring their decision under this Treaty. If agreement cannot be reached by consensus, paragraphs 2) to 5) shall apply.
Art.36.2 2) Decisions on budgetary matters referred to in Article 343)e) shall be taken by a qualified majority of Contracting Parties whose assessed contributions as specified in Annex B represent, in combination, at least three-fourths of the total assessed contributions specified therein.
Art.36.3 3) Decisions on matters referred to in Article 347) shall be taken by a three-fourths majority of the Contracting Parties.
Art.36.4 4) Except in cases specified in subparagraphs 1)a) to f), paragraphs 2) and 3), and subject to paragraph 6), decisions provided for in this Treaty shall be taken by a three-fourth majority of the Contracting Parties Present and Voting at the meeting of the Charter Conference at which such matters fall to be decided.
Art.36.5 5) For purposes of this Article, "Contracting Parties Present and Voting" means Contracting Parties present and casting affirmative or negative votes, provided that the Charter Conference may decide upon rules of procedure to enable such decisions to be taken by Contracting Parties by correspondence.
Art.36.6 6) Except as provided in paragraph 2), no decision referred to in this Article shall be valid unless it has the support of a simple majority of the Contracting Parties.
Art.36.7 7) A Regional Economic Integration Organization shall, when voting, have a number of votes equal to the number of its member states which are Contracting Parties to this Treaty; provided that such an Organization shall not exercise its right to vote if its member states exercise theirs, and vice versa.
Art.36.8 8) In the event of persistent arrears in a Contracting Party's discharge of financial obligations under this Treaty, the Charter Conference may suspend that Contracting Party's voting rights in whole or in part.
Art.40 Article 40
Art.40.1 1) Any state or Regional Economic Integration Organization may at the time of signature, ratification, acceptance, approval or accession, by a declaration deposited with the Depositary, declare that the Treaty shall be binding upon it with respect to all the territories for the international relations of which it is responsible, or to one or more of them. Such declaration shall take effect at the time the Treaty enters into force for that Contracting Party.
Art.40.2 2) Any Contracting Party may at a later date, by a declaration deposited with the Depositary, bind itself under this Treaty with respect to other territory specified in the declaration. In respect of such territory the Treaty shall enter into force on the ninetieth day following the receipt by the Depositary of such declaration.
Art.40.3 3) Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification to the Depositary. The withdrawal shall, subject to the applicability of Article 473), become effective upon the expiry of one year after the date of receipt of such notification by the Depositary.
Art.40.4 4) The definition of "Area" in Article 110) shall be construed having regard to any declaration deposited under this Article.
Art.43 Article 43
Art.43.1 1) The Charter Conference may authorize the negotiation of association agreements with states or Regional Economic Integration Organizations, or with international organizations, in order to pursue the objectives and principles of the Charter and the provisions of this Treaty or one or more Protocols.
Art.43.2 2) The relationship established with and the rights enjoyed and obligations incurred by an associating state, Regional Economic Integration Organization, or international organization shall be appropriate to the particular circumstances of the association, and in each case shall be set out in the association agreement.
Art.45 Article 45
Art.45.1 1) Each signatory agrees to apply this Treaty provisionally pending its entry into force for such signatory in accordance with Article 44, to the extent that such provisional application is not inconsistent with its constitution, laws or regulations.
Art.45.2.a 2) a) Notwithstanding paragraph 1) any signatory may, when signing, deliver to the Depositary a declaration that it is not able to accept provisional application. The obligation contained in paragraph 1) shall not apply to a signatory making such a declaration. Any such signatory may at any time withdraw that declaration by written notification to the Depositary.
Art.45.2.b b) Neither a signatory which makes a declaration in accordance with subparagraph a) nor Investors of that signatory may claim the benefits of provisional application under paragraph 1).
Art.45.2.c c) Notwithstanding subparagraph a), any signatory making a declaration referred to in subparagraph a) shall apply Part VII provisionally pending the entry into force of the Treaty for such signatory in accordance with Article 44, to the extent that such provisional application is not inconsistent with its laws or regulations.
Art.45.3.a 3) a) Any signatory may terminate its provisional application of this Treaty by written notification to the Depositary of its intention not to become a Contracting Party to the Treaty. Termination of provisional application for any signatory shall take effect upon the expiration of 60 days from the date on which such signatory's written notification is received by the Depositary.
Art.45.3.b b) In the event that a signatory terminates provisional application under subparagraph a), the obligation of the signatory under paragraph 1) to apply Parts III and V with respect to any Investments made in its Area during such provisional application by Investors of other signatories shall nevertheless remain in effect with respect to those Investments for twenty years following the effective date of termination, except as otherwise provided in subparagraph c).
Art.45.3.c c) Subparagraph b) shall not apply to any signatory listed in Annex PA. A signatory shall be removed from the list in Annex PA effective upon delivery to the Depositary of its request therefor.
Art.45.4 4) Pending the entry into force of this Treaty the signatories shall meet periodically in the provisional Charter Conference, the first meeting of which shall be convened by the provisional Secretariat referred to in paragraph 5) not later than 180 days after the opening date for signature of the Treaty as specified in Article 38.
Art.45.5 5) The functions of the Secretariat shall be carried out on an interim basis by a provisional Secretariat until the entry into force of this Treaty pursuant to Article 44 and the establishment of a Secretariat.
Art.45.6 6) The signatories shall, in accordance with and subject to the provisions of paragraph 1) or subparagraph 2)c) as appropriate, contribute to the costs of the provisional Secretariat as if the signatories were Contracting Parties under Article 373). Any modifications made to Annex B by the signatories shall terminate upon the entry into force of this Treaty.
Art.45.7 7) A state or Regional Economic Integration Organization which, prior to this Treaty's entry into force, accedes to the Treaty in accordance with Article 41 shall, pending the Treaty's entry into force, have the rights and assume the obligations of a signatory under this Article.

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