Displaying 1 - 157 of 157

Paragraphs in "Energy Charter Treaty" coded as DEFN

Label Provision
Art.1 Article 1
Art.1.0x As used in this Treaty:
Art.1.1 1) "Charter" means the European Energy Charter adopted in the Concluding Document of the Hague Conference on the European Energy Charter signed at The Hague on 17 December 1991; signature of the Concluding Document is considered to be signature of the Charter.
Art.1.2 2) "Contracting Party" means a state or Regional Economic Integration Organization which has consented to be bound by this Treaty and for which the Treaty is in force.
Art.1.3 3) "Regional Economic Integration Organization" means an organization constituted by states to which they have transferred competence over certain matters a number of which are governed by this Treaty, including the authority to take decisions binding on them in respect of those matters.
Art.1.4 4) "Energy Materials and Products", based on the Harmonized System of the Customs Cooperation Council and the Combined Nomenclature of the European Communities, means the items included in Annex EM.
Art.1.5 5) "Economic Activity in the Energy Sector" means an economic activity concerning the exploration, extraction, refining, production, storage, land transport, transmission, distribution, trade, marketing, or sale of Energy Materials and Products except those included in Annex NI, or concerning the distribution of heat to multiple premises.
Art.1.6 6) "Investment" means every kind of asset, owned or controlled directly or indirectly by an Investor and includes:
Art.1.6.a a) tangible and intangible, and movable and immovable, property, and any property rights such as leases, mortgages, liens, and pledges;
Art.1.6.b b) a company or business enterprise, or shares, stock, or other forms of equity participation in a company or business enterprise, and bonds and other debt of a company or business enterprise;
Art.1.6.c c) claims to money and claims to performance pursuant to contract having an economic value and associated with an Investment;
Art.1.6.d d) Intellectual Property;
Art.1.6.e e) Returns;
Art.1.6.f f) any right conferred by law or contract or by virtue of any licences and permits granted pursuant to law to undertake any Economic Activity in the Energy Sector.
Art.1.6.gx A change in the form in which assets are invested does not affect their character as investments and the term "Investment" includes all investments, whether existing at or made after the later of the date of entry into force of this Treaty for the Contracting Party of the Investor making the investment and that for the Contracting Party in the Area of which the investment is made hereinafter referred to as the "Effective Date) provided that the Treaty shall only apply to matters affecting such investments after the Effective Date.
Art.1.6.hx Investment refers to any investment associated with an Economic Activity in the Energy Sector and to investments or classes of investments designated by a Contracting Party in its Area as "Charter efficiency projects" and so notified to the Secretariat.
Art.1.7 7) "Investor" means:
Art.1.7.a a) with respect to a Contracting Party:
Art.1.7.a.i i) a natural person having the citizenship or nationality of or who is permanently residing in that Contracting Party in accordance with its applicable law;
Art.1.7.a.ii ii) a company or other organization organized in accordance with the law applicable in that Contracting Party;
Art.1.7.b b) with respect to a "third state", a natural person, company or other organization which fulfils, mutatis mutandis, the conditions specified in subparagraph a) for a Contracting Party.
Art.1.8 8) "Make Investments" or "Making of Investments" means establishing new Investments, acquiring all or part of existing Investments or moving into different fields of Investment activity.
Art.1.9 9) "Returns" means the amounts derived from or associated with an Investment, irrespective of the form in which they are paid, including profits, dividends, interest, capital gains, royalty payments, management, technical assistance or other fees and payments in kind.
Art.1.10 10) "Area" means with respect to a state that is a Contracting Party:
Art.1.10.a a) the territory under its sovereignty, it being understood that territory includes land, internal waters and the territorial sea; and
Art.1.10.b b) subject to and in accordance with the international law of the sea: the sea, sea-bed and its subsoil with regard to which that Contracting Party exercises sovereign rights and jurisdiction.
Art.1.10.cx With respect to a Regional Economic Integration Organization which is a Contracting Party, Area means the Areas of the member states of such Organization, under the provisions contained in the agreement establishing that Organization.
Art.1.11.a 11) a) "GATT" means "GATT 1947" or "GATT 1994", or both of them where both are applicable.
Art.1.11.b b) "GATT 1947" means the General Agreement on Tariffs and Trade, dated 30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended or modified.
Art.1.11.c c) "GATT 1994" means the General Agreement on Tariffs and Trade as specified in Annex 1A of the Agreement Establishing the World Trade Organization, as subsequently rectified, amended or modified.
Art.1.11.c.ix A party to the Agreement Establishing the World Trade Organization is considered to be a party to GATT 1994.
Art.1.11.d d) "Related Instruments" means, as appropriate:
Art.1.11.d.i i) agreements, arrangements or other legal instruments, including decisions, declarations and understandings, concluded under the auspices of GATT 1947 as subsequently rectified, amended or modified; or
Art.1.11.d.ii ii) the Agreement Establishing the World Trade Organization including its Annex 1 except GATT 1994), its Annexes 2, 3 and 4, and the decisions, declarations and understandings related thereto, as subsequently rectified, amended or modified.
Art.1.12 12) "Intellectual Property" includes copyrights and related rights, trademarks, geographical indications, industrial designs, patents, layout designs of integrated circuits and the protection of undisclosed information.
Art.1.13.a 13) a) "Energy Charter Protocol" or "Protocol" means a treaty, the negotiation of which is authorized and the text of which is adopted by the Charter Conference, which is entered into by two or more Contracting Parties in order to complement, supplement, extend or amplify the provisions of this Treaty with respect to any specific sector or category of activity within the scope of this Treaty, or to areas of cooperation pursuant to Title III of the Charter.
Art.1.13.b b) "Energy Charter Declaration" or "Declaration" means a non-binding instrument, the negotiation of which is authorized and the text of which is approved by the Charter Conference, which is entered into by two or more Contracting Parties to complement or supplement the provisions of this Treaty.
Art.1.14 14) "Freely Convertible Currency" means a currency which is widely traded in international foreign exchange markets and widely used in international transactions.
Art.7 Article 7
Art.7.1 1) Each Contracting Party shall take the necessary measures to facilitate the Transit of Energy Materials and Products consistent with the principle of freedom of transit and without distinction as to the origin, destination or ownership of such Energy Materials and Products or discrimination as to pricing on the basis of such distinctions, and without imposing any unreasonable delays, restrictions or charges.
Art.7.2 2) Contracting Parties shall encourage relevant entitles to cooperate in:
Art.7.2.a a) modernizing Energy Transport Facilities necessary to the Transit of Energy Materials and Products;
Art.7.2.b b) the development and operation of Energy Transport Facilities serving the Areas of more than one Contracting Party;
Art.7.2.c c) measures to mitigate the effects of interruptions in the supply of Energy Materials and Products;
Art.7.2.d d) facilitating the interconnection of Energy Transport Facilities.
Art.7.3 3) Each Contracting Party undertakes that its provisions relating to transport of Energy Materials and Products and the use of Energy Transport Facilities shall treat Energy Materials and Products in Transit in no less favourable a manner than its provisions treat such materials and products originating in or destined for its own Area, unless an existing international agreement provides otherwise.
Art.7.4 4) In the event that Transit of Energy Materials and Products cannot be achieved on commercial terms by means of Energy Transport Facilities the Contracting Parties shall not place obstacles in the way of new capacity being established, except as may be otherwise provided in applicable legislation which is consistent with paragraph 1).
Art.7.5 5) A Contracting Party through whose Area Energy Materials and Products may transit shall not be obliged to
Art.7.5.a a) permit the construction or modification of Energy Transport Facilities; or
Art.7.5.b b) permit new or additional Transit through existing Energy Transport Facilities,
Art.7.5.cx which it demonstrates to the other Contracting Parties concerned would endanger the security or efficiency of its energy systems, including the security of supply.
Art.7.5.dx Contracting Parties shall, subject to paragraphs 6) and 7), secure established flows of Energy Materials and Products to, from or between the Areas of other Contracting Parties.
Art.7.6 6) A Contracting Party through whose Area Energy Materials and Products transit shall not, in the event of a dispute over any matter arising from that Transit, interrupt or reduce, permit any entity subject to its control to interrupt or reduce, or require any entity subject to its jurisdiction to interrupt or reduce the existing flow of Energy Materials and Products prior to the conclusion of the dispute resolution procedures set out in paragraph 7), except where this is specifically provided for in a contract or other agreement governing such Transit or permitted in accordance with the conciliator's decision.
Art.7.7 7) The following provisions shall apply to a dispute described in paragraph 6), but only following the exhaustion of all relevant contractual or other dispute resolution remedies previously agreed between the Contracting Parties party to the dispute or between any entity referred to in paragraph 6) and an entity of another Contracting Party party to the dispute:
Art.7.7.a a) A Contracting Party party to the dispute may refer it to the Secretary-General by a notification summarizing the matters in dispute. The Secretary-General shall notify all Contracting Parties of any such referral.
Art.7.7.b b) Within 30 days of receipt of such a notification, the Secretary-General, in consultation with the parties to the dispute and the other Contracting Parties concerned, shall appoint a conciliator. Such a conciliator shall have experience in the matters subject to dispute and shall not be a national or citizen of or permanently resident in a party to the dispute or one of the other Contracting Parties concerned.
Art.7.7.c c) The conciliator shall seek the agreement of the parties to the dispute to a resolution thereof or upon a procedure to achieve such resolution. If within 90 days of his appointment he has failed to secure such agreement, he shall recommend a resolution to the dispute or a procedure to achieve such resolution and shall decide the interim tariffs and other terms and conditions to be observed for Transit from a date which he shall specify until the dispute is resolved.
Art.7.7.d d) The Contracting Parties undertake to observe and ensure that the entities under their control or jurisdiction observe any interim decision under subparagraph c) on tariffs, terms and conditions for 12 months following the conciliator's decision or until resolution of the dispute, whichever is earlier.
Art.7.7.e e) Notwithstanding subparagraph b) the Secretary-General may elect not to appoint a conciliator if in his judgement the dispute concerns Transit that is or has been the subject of the dispute resolution procedures set out in subparagraphs a) to d) and those proceedings have not resulted in a resolution of the dispute.
Art.7.7.f f) The Charter Conference shall adopt standard provisions concerning the conduct of conciliation and the compensation of conciliators.
Art.7.8 8) Nothing in this Article shall derogate from a Contracting Party's rights and obligations under international law including customary international law, existing bilateral or multilateral agreements, including rules concerning submarine cables and pipelines.
Art.7.9 9) This Article shall not be so interpreted as to oblige any Contracting Party which does not have a certain type of Energy Transport Facilities used for Transit to take any measure under this Article with respect to that type of Energy Transport Facilities. Such a Contracting Party is, however, obliged to comply with paragraph 4).
Art.7.10 10) For the purposes of this Article:
Art.7.10.a a) "Transit" means
Art.7.10.a.i i) the carriage through the Area of a Contracting Party, or to or from port facilities in its Area for loading or unloading, of Energy Materials and Products originating in the Area of another state and destined for the Area of a third state, so long as either the other state or the third state is a Contracting Party; or
Art.7.10.a.ii ii) the carriage through the Area of a Contracting Party of Energy Materials and Products originating in the Area of another Contracting Party and destined for the Area of that other Contracting Party, unless the two Contracting Parties concerned decide otherwise and record their decision by a joint entry in Annex N. The two Contracting Parties may delete their listing in Annex N by delivering a joint written notification of their intentions to the Secretariat, which shall transmit that notification to all other Contracting Parties. The deletion shall take effect four weeks after such former notification.
Art.7.10.b b) "Energy Transport Facilities" consist of high-pressure gas transmission pipelines, high-voltage electricity transmission grids and lines, crude oil transmission pipelines, coal slurry pipelines, oil product pipelines, and other fixed facilities specifically for handling Energy Materials and Products.
Art.10 Article 10
Art.10.1 1) Each Contracting Party shall, in accordance with the provisions of this Treaty, encourage and create stable, equitable, favourable and transparent conditions for Investors of other Contracting Parties to Make Investments in its Area. Such conditions shall include a commitment to accord at all times to Investments of Investors of other Contracting Parties fair and equitable treatment. Such Investments shall also enjoy the most constant protection and security and no Contracting Party shall in any way impair by unreasonable or discriminatory measures their management, maintenance, use, enjoyment or disposal. In no case shall such Investments be accorded treatment less favourable than that required by international law, including treaty obligations. Each Contracting Party shall observe any obligations it has entered into with an Investor or an Investment of an Investor of any other Contracting Party.
Art.10.2 2) Each Contracting Party shall endeavour to accord to Investors of other Contracting Parties, as regards the Making of Investments in its Area, the Treatment described in paragraph 3).
Art.10.3 3) For the purposes of this Article, "Treatment" means treatment accorded by a Contracting Party which is no less favourable than that which it accords to its own Investors or to Investors of any other Contracting Party or any third state, whichever is the most favourable.
Art.10.4 4) A supplementary treaty shall, subject to conditions to be laid down therein, oblige each party thereto to accord to Investors of other parties, as regards the Making of Investments in its Area, the Treatment described in paragraph 3). That treaty shall be open for signature by the states and Regional Economic Integration Organizations which have signed or acceded to this Treaty. Negotiations towards the supplementary treaty shall commence not later than 1 January 1995, with a view to concluding it by 1 January 1998.
Art.10.5 5) Each Contracting Party shall, as regards the Making of Investments in its Area, endeavour to:
Art.10.5.a a) limit to the minimum the exceptions to the Treatment described in paragraph 3);
Art.10.5.b b) progressively remove existing restrictions affecting Investors of other Contracting Parties.
Art.10.6.a 6) a) A Contracting Party may, as regards the Making of Investments in its Area, at any time declare voluntarily to the Charter Conference, through the Secretariat, its intention not to introduce new exceptions to the Treatment described in paragraph 3).
Art.10.6.b b) A Contracting Party may, furthermore, at any time make a voluntary commitment to accord to Investors of other Contracting Parties, as regards the Making of Investments in some or all Economic Activities in the Energy Sector in its Area, the Treatment described in paragraph 3). Such commitments shall be notified to the Secretariat and listed in Annex VC and shall be binding under this Treaty.
Art.10.7 7) Each Contracting Party shall accord to Investments in its Area of Investors of other Contracting Parties, and their related activities including management, maintenance, use, enjoyment or disposal, treatment no less favourable than that which it accords to Investments of its own Investors or of the Investors of any other Contracting Party or any third state and their related activities including management, maintenance, use, enjoyment or disposal, whichever is the most favourable.
Art.10.8 8) The modalities of application of paragraph 7) in relation to programmes under which a Contracting Party provides grants or other financial assistance, or enters into contracts, for energy technology research and development, shall be reserved for the supplementary treaty described in paragraph 4). Each Contracting Party shall through the Secretariat keep the Charter Conference informed of the modalities it applies to the programmes described in this paragraph.
Art.10.9 9) Each state or Regional Economic Integration Organization which signs or accedes to this Treaty shall, on the date it signs the Treaty or deposits its instrument of accession, submit to the Secretariat a report summarizing all laws, regulations or other measures relevant to:
Art.10.9.a a) exceptions to paragraph 2); or
Art.10.9.b b) the programmes referred to in paragraph 8).
Art.10.9.cx A Contracting Party shall keep its report up to date by promptly submitting amendments to the Secretariat. The Charter Conference shall review these reports periodically.
Art.10.9.dx In respect of subparagraph a) the report may designate parts of the energy sector in which a Contracting Party accords to Investors of other Contracting Parties the Treatment described in paragraph 3).
Art.10.9.ex In respect of subparagraph b) the review by the Charter Conference may consider the effects of such programmes on competition and Investments.
Art.10.10 10) Notwithstanding any other provision of this Article, the treatment described in paragraphs 3) and 7) shall not apply to the protection of Intellectual Property; instead, the treatment shall be as specified in the corresponding provisions of the applicable international agreements for the protection of Intellectual Property rights to which the respective Contracting Parties are parties.
Art.10.11 11) For the purposes of Article 26, the application by a Contracting Party of a trade-related investment measure as described in Article 51) and 2) to an Investment of an Investor of another Contracting Party existing at the time of such application shall, subject to Article 53) and 4), be considered a breach of an obligation of the former Contracting Party under this Part.
Art.10.12 12) Each Contracting Party shall ensure that its domestic law provides effective means for the assertion of claims and the enforcement of rights with respect to Investments, investment agreements, and investment authorizations.
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.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.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.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.