On the ratification of the Energy Charter Treaty and the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects

Home / Decree / On the ratification of the Energy Charter Treaty and the Energy Charter Protocol on Energy Efficiency and Related Environmental Aspects

Decree of the President of the Republic of Kazakhstan dated October 18, 1995 N 2537

1. To ratify the Energy Charter Treaty and the Protocol to the Energy Charter on Energy Efficiency and Related Environmental Aspects, signed in Lisbon on December 17, 1994. 2. This Decree shall enter into force from the date of publication.

President of the Republic of Kazakhstan

Energy Charter Treaty (informal text)

The preamble

The Contracting Parties to this Treaty, having regard to the Charter of Paris for a New Europe, signed on November 21, 1990; having regard to the European Energy Charter, adopted in the Final Document of the Hague Conference on the European Energy Charter, signed in The Hague on December 17, 1991; Recalling that all the signatories to the Final Document of the Hague Conference undertook to respect the purposes and principles of the European Energy Charter and to implement and expand their cooperation as soon as possible through good-faith negotiations with a view to developing an Energy Charter Treaty and Protocols, and desiring to bring under the obligations contained in the said Charter a solid, binding internationalthe legal basis; Desiring also to establish the structural framework necessary for the implementation of the principles enunciated in the European Energy Charter; desiring to develop the main idea of the European Energy Charter initiative, which should become a catalyst for economic growth through measures to liberalize energy investment and trade; Declaring that the Contracting Parties attach the utmost importance to the effective implementation of the national regime in full, as well as the most-favored-nation regime, and that these obligations will apply to Investments in accordance with the supplementary treaty; taking into account the objective of gradual liberalization of international trade and the principle of non-discrimination in international trade, proclaimed in the General Agreement on Tariffs and Trade and Related Documents and otherwise provided for in this Agreement; Determined to gradually eliminate technical, administrative and other obstacles to trade in Energy Materials and Products and related equipment, technologies and services; looking forward to the subsequent membership in the General Agreement on Tariffs and Trade of those Contracting Parties that are not yet parties to it, and striving to provide temporary trade mechanisms that will facilitate these Contracting Parties rather than obstruct their preparation for such membership; Bearing in mind the rights and obligations of those Contracting Parties that are also Parties to the General Agreement on Tariffs and Trade and Related Documents; bearing in mind the rules of competition regarding mergers, monopolies, anticompetitive practices and abuses of dominant market position; bearing in mind also the Treaty on the Non-Proliferation of Nuclear Weapons, the Guidelines for the Export of Nuclear Materials and other international obligations or agreements related to the non-proliferation of nuclear weapons; Recognizing the need for the most efficient ways of exploring, producing, converting, storing, transporting, distributing and using energy; recalling the United Nations Framework Convention on Climate Change, the Convention on Long-range Transboundary Air Pollution and its Protocols, as well as other international environmental agreements related to energy-related aspects; and recognizing the increasingly urgent need for environmental protection measures, including decommissioning of power plants and waste disposal, as well as internationally agreed targets and criteria for these purposes; agreed as follows:

Part I Definitions and the purpose of Article 1 Definitions

For the purposes of this Treaty: (1) "Charter" means the European Energy Charter adopted in the Final Document of the Hague Conference on the European Energy Charter, signed in The Hague on December 17, 1991; the signing of the Final Document is considered to be the signing of the Charter. (2) "Contracting Party" means a State or a Regional Economic Integration Organization that has agreed to be bound by this Treaty and for which the Treaty is in force. (3) "Regional Economic Integration Organization" means an organization established by States to which they have delegated competence on certain issues, a number of which are regulated by this Treaty, including the authority to make decisions binding on them on these issues. (4) "Energy Materials and Products" taken on the basis of the Harmonized System of the Customs Cooperation Council and the Combined Nomenclature of the European Communities means the items included in Annex EM. (5) "Economic Activity in the Energy Sector" means economic activity related to exploration, extraction, processing, production, storage, onshore transportation, transmission, distribution, trade, marketing or sale of Energy Materials and Products, other than those included in Annex NI, or related to the supply of heat to many to consumers. (6) "Investment" means all types of assets owned or controlled directly or indirectly by the Investor, and includes: (a) tangible and intangible, as well as movable and immovable, property and any proprietary rights such as leases, mortgages, retention of title and liens; (b) a company or a business enterprise, or shares, deposits, or other forms of equity participation in a company or business enterprise, as well as bonds and other debt obligations of a company or business enterprise; (c) the right to claim funds and the right to claim performance of obligations under a contract having economic value and related to an Investment; (d) Intellectual Property; (e) Income; (f) any right granted in accordance with the law or under the contract or by virtue of any licenses and permits issued under the law, to carry out any Economic Activity in the Energy Sector. A change in the form in which assets are invested does not affect their nature as investments, and the term "Investment" includes all investments, regardless of whether they existed before or were made after the later date of entry into force of this Agreement for the Contracting Party of the Investor making the investment and for the Contracting Party the Territory in which the investment was made (hereinafter referred to as the "Effective Date"), provided that the Agreement applies only to matters affecting such investments after the Effective Date. "Investment" refers to any investment related to Economic Activities in the Energy Sector, as well as to investments or classes of investments that are designated by a Contracting Party in its Territory as "efficiency projects in accordance with the Charter" and notified to the Secretariat under this designation. (7) "Investor" means: (a) in relation to a Contracting Party: (i) an individual who holds the nationality or nationality of that Contracting Party or is permanently resident in it in accordance with its applicable laws; (ii) a company or other organization established in accordance with the laws applicable in that Contracting Party; (b) in relation to a "third State", an individual, company or other organization that meets, mutatis mutandis, the requirements provided for in subparagraph (a) for the Contracting Party. (8) "Making Investments" or "Making Investments" means making new Investments, acquiring all or part of existing Investments, or extending them to other areas of Investment activity. (9) "Income" means the amounts received from or related to an Investment, regardless of the form in which they are paid, including profits, dividends, interest, capital gains, royalties, management fees, technical assistance or other remuneration or payments in kind. (10) "Territory" means, in relation to a State that is a Contracting Party: (a) the territory under its sovereignty, on the understanding that this territory includes land, inland waters and the territorial sea; and (b) subject to and in accordance with the rules of international maritime law: the sea, the seabed and its subsoil, in respect of which this Contracting Party exercises sovereign rights and jurisdiction. With respect to a Regional Economic Integration Organization that is a Contracting Party, Territory means the Territories of the Member States of such an Organization, in accordance with the provisions contained in the agreement establishing this Organization. (11) (a) "GATT" means "GATT 1947" or "GATT 1994", or both, where both are applicable. (b) "GATT 1947" means the General Agreement on Tariffs and Trade of October 30, 1947, annexed to the Final Act adopted at the closing meeting of the Second session of the Preparatory Committee for the United Nations Conference on Trade and Employment, as subsequently clarified, amended or modified. (c) "GATT 1994" means the General Agreement on Tariffs and Trade contained in Annex 1A of the Agreement Establishing the World Trade Organization, as subsequently clarified, amended, or amended. A Party to the Agreement establishing the World Trade Organization is considered a party to the GATT 1994. (d) "Related Documents" means, respectively: (i) agreements, understandings or other legal documents, including decisions, declarations and declarations of understanding concluded under the auspices of the GATT 1947, as subsequently amended, amendments or changes; or (ii) the Agreement Establishing the World Trade Organization, including Annex 1 thereto (other than GATT 1994), Annexes 2, 3 and 4 thereto, as well as decisions, declarations and declarations of understanding relating thereto, as subsequently clarified, amended or modified. (12) "Intellectual property" includes copyrights and similar rights, trademarks, geographical designations, industrial drawings, patents, integrated circuit topology designs and the protection of confidential information. (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 clarify, supplement, expand or develop the provisions of this Treaty in relation to any specific sector or type of activity in within the scope of this Treaty or with respect to areas of cooperation in accordance with Section III of the Charter. (b) "Energy Charter Declaration" or "Declaration" means a non-binding document, the negotiation of which is authorized and the text of which is approved by the Charter Conference, which is adopted by two or more Contracting Parties in order to clarify or supplement the provisions of this Treaty. (14) "Freely Convertible Currency" means a currency that is widely exchanged on international currency markets and widely used in international transactions.

Article 2 Purpose of the Contract

This Agreement establishes a legal framework to promote long-term cooperation in the field of energy on the basis of complementarity and mutual benefit, in accordance with the objectives and principles of the Charter.

Part II of the Trade Article 3International markets

The Contracting Parties shall cooperate to facilitate access to international markets on commercial terms and, in general, to develop an open and competitive market for Energy Materials and Products.

Article 4 No damage to the GATT and related documents

Nothing in this Treaty, in relations between specific Contracting Parties that are Parties to the GATT, shall prejudice the provisions of the GATT and Related Documents as they apply between these Contracting Parties.

Article 5 Trade-related investment measures (1) A Contracting Party shall not apply any trade-related investment measure that is incompatible with the provisions of Article III or XI of the GATT; this does not affect the rights and obligations of that Contracting Party arising from the GATT and related Documents, as well as from Article 29. (2) Such measures include any investment measures that are mandatory or that are enforced under national legislation or in accordance with any administrative regulation, or that are necessary to obtain any advantage and that require: (a) the purchase or use by the enterprise of products of domestic origin or from any domestic source, regardless of whether certain products are specified in this case., the volume or value of a product or part of the volume or value of its local production; or (b) restrictions on the purchase or use by an enterprise of imported products related to the volume or value of exported or local products; or which restrict: (c) the import by an enterprise of products used in or related to its local production, as a whole, as well as the amount related to the volume or value of the local products it exports; (d) the import by the enterprise of products used by it in local production or related to it, by limiting its access to foreign currency to an amount linked to the proceeds due to the enterprise in foreign currency; or (e) the export or sale for export of products by the enterprise, regardless of whether a specific product, volume or the cost of the product is either part of the volume or the cost of its local production. (3) Nothing in paragraph (1) shall be interpreted as preventing a Contracting Party from applying the trade-related investment measures set out in subparagraphs (2) (a) and (c) as a condition granting the right to export promotion measures, foreign aid, government procurement, or preferential tariffs or quota programs. (4) Notwithstanding paragraph (1), a Contracting Party may temporarily continue to maintain in force trade-related investment measures that were in effect for more than 180 days prior to its signing of this Treaty, subject to the provisions on notification and phasing out set out in Annex TRM.

Article 6 Competition (1) Each Contracting Party shall make efforts to reduce market distortions and obstacles to competition in Economic Activities in the Energy Sector. (2) Each Contracting Party shall ensure, within its jurisdiction, the adoption and enforcement of such laws as are necessary and appropriate to address the problems of unilateral and cooperative anti-competitive conduct in Economic Activities in the Energy Sector. (3) Contracting Parties with experience in the application of competition rules shall pay full attention to providing, upon request and within available resources, technical assistance on the development and implementation of competition rules to other Contracting Parties. (4) The Contracting Parties may cooperate in ensuring compliance with their competition rules through consultations and information exchange. (5) If a Contracting Party considers that a particular anti-competitive conduct taking place in the Territory of another Contracting Party affects important interests related to the objectives set out in this Article, that Contracting Party may notify the other Contracting Party accordingly and may request that its competition authorities take appropriate action. to ensure compliance. The notifying Contracting Party shall include in such notification sufficient information to enable the notified Contracting Party to identify the anti-competitive conduct referred to in the notification and to offer such further information and cooperation as the notifying Contracting Party is able to provide. The notified Contracting Party or, as appropriate, the relevant competition authorities may consult with the competition authorities of the notifying Contracting Party and take full account of the request of the notifying Contracting Party when deciding whether to take enforcement actions with respect to the alleged anti-competitive behavior reported in the notification. The notified Contracting Party shall inform the notifying Contracting Party of its decision or the decision of the relevant competition authorities and may, if it so wishes, inform the notifying Contracting Party of the grounds for the decision. If enforcement actions are being taken, the notified Contracting Party shall inform the notifying Contracting Party of their results and, to the extent possible, of any significant preliminary results. (6) Nothing in this Article obliges a Contracting Party to provide information in violation of its legislation regarding disclosure of information, confidentiality or trade secrets. (7) The procedures set out in paragraph (5) and in Article 27(1) are, within the framework of this Treaty, the exclusive means of resolving any disputes that may arise in connection with the implementation or interpretation of this Article.

Article 7 Transit (1) Each Contracting Party shall take the necessary measures to facilitate the Transit of Energy Materials and Products in accordance with the principle of freedom of transit and without distinction as to the origin, destination or owner of such Energy Materials and Products and without discriminatory tariffs based on such differences, as well as without excessive delays, restrictions or fees. (2) The Contracting Parties shall encourage the cooperation of relevant entities in: (a) upgrading Energy Transportation Facilities necessary for the Transit of Energy Materials and Products; (b) developing and operating Energy Transportation Facilities serving the Territories of more than one Contracting Party; (c) taking measures to eliminate the consequences of disruptions in the supply of Energy Materials and Products; (d) facilitating the integration of Energy Transportation Facilities. (3) Each Contracting Party undertakes that its regulations governing the transportation of Energy Materials and Products and the use of Energy Transportation Facilities shall provide for Transit Energy Materials and Products no less favorable treatment than that which its regulations provide for such materials and products originating from or intended for its own Territory. unless otherwise provided for in any existing international agreement. (4) If the Transit of Energy Materials and Products cannot be carried out on commercial terms using Energy Transportation Facilities, the Contracting Parties should not prevent the creation of new facilities, except in cases where applicable legislation compatible with paragraph (1) may provide otherwise. (5) A Contracting Party through whose Territory Energy Materials and Products may be transited is not obligated to: (a) authorize the construction or modification of Energy Transportation Facilities; or (b) to allow new or additional Transit through existing Energy Transportation Facilities, which, according to the evidence provided by it to other interested Contracting Parties, could jeopardize the reliability or efficiency of its energy systems, including the reliability of supply. Subject to paragraphs (6) and (7), the Contracting Parties shall ensure the established flows of Energy Materials and Products to, from, or between the Territories of other Contracting Parties. (6) The Contracting Party through whose Territory the transit of Energy Materials and Products is carried out shall not, in the event of a dispute over any issue related to such Transit, interrupt or shorten, as well as allow any entity under its control to interrupt or shorten, or require any entity, under its jurisdiction, so that it interrupts or reduces the existing flow of Energy Materials and Products until the dispute resolution procedure set out in paragraph (7) is completed, except in the following cases, when it is specifically stipulated in a contract or other agreement governing such Transit, or authorized by a decision of the mediator. (7) The following provisions shall apply to the dispute referred to in paragraph (6) only after the exhaustion of all relevant contractual or other dispute resolution means previously agreed upon between the Contracting Parties to the dispute or between any entity referred to in paragraph (6) and an entity of another Contracting Party that is a party to the dispute. (a) A Contracting Party to the dispute may notify the Secretary-General of the dispute by means of a notification summarizing the substance of the dispute. The Secretary-General shall notify all Contracting Parties of any such communication. (b) Within 30 days of receiving such notification, the Secretary-General, in consultation with the parties to the dispute and other interested Contracting Parties, shall appoint a conciliator. Such mediator must have experience in resolving the issues that are the subject of the dispute, and must not be a national or citizen or permanent resident of the party to the dispute or one of the other interested Contracting Parties. (c) The conciliator seeks agreement between the parties to the dispute on its resolution or on the procedure for reaching such a resolution. If, within 90 days of his appointment, he fails to reach such an agreement, he makes a recommendation regarding the resolution of the dispute or the procedure for reaching such a resolution, and decides on temporary tariffs and other conditions to be met with respect to Transit from the date he specifies until the dispute is resolved. (d) The Contracting Parties undertake to comply with and ensure that entities under their control or jurisdiction comply with any interim decision made pursuant to subparagraph (c) on tariffs and conditions within 12 months of the decision of the conciliator or until the dispute is resolved, whichever is the case. it is the nearest one. (e) Notwithstanding subparagraph (b), the Secretary-General may decide not to appoint a conciliator if, in his opinion, the dispute concerns a Transit that is or has already been the subject of dispute resolution procedures set out in subparagraphs (a) to (d) and these proceedings have not resulted in a resolution. the dispute. (f) The Charter Conference adopts model provisions on the conduct of the conciliation procedure and remuneration of conciliators. (8) Nothing in this Article shall affect the rights and obligations of a Contracting Party arising from international law, including customary international law, existing bilateral or multilateral agreements, including rules relating to underwater cables and pipelines. (9) This Article should not be interpreted in the sense that it obliges any Contracting Party that does not have any specific category of Energy Transportation Facilities used for Transit to take any measures in accordance with this Article with respect to this category of Energy Transportation Facilities. Such a Contracting Party, however, is obliged to comply with the provisions of paragraph (4). (10) For the purposes of this Article: (a) "Transit" means: (i) movement through the Territory of a Contracting Party, either to or from port facilities on its Territory for loading or unloading, Energy Materials and Products originating in the Territory of another State and destined for the Territory of a third State, provided that either another State or a third State is a Contracting Party; or (ii) the movement through the Territory of a Contracting Party of Energy Materials and Products originating in the Territory of another Contracting Party and destined for the Territory of that other Contracting Party, unless both Contracting Parties concerned decide otherwise and register their decision by jointly making an entry in Annex N. These two Contracting Parties may exclude themselves from the list contained in Annex N by sending a joint written notification of their intention to the Secretariat, which shall communicate this notification to all other Contracting Parties. The exclusion from the list takes effect four weeks after such first notification. (b) "Energy transportation facilities" consist of high-pressure mainline gas pipelines, high-voltage systems and power transmission lines, mainline oil pipelines, coal pulp pipelines, petroleum product pipelines and other stationary facilities specifically designed for the movement of Energy Materials and Products.

Article 8 Technology Transfer (1) The Contracting Parties agree to promote access to and transfer of energy technology on a commercial and non-discriminatory basis in order to facilitate efficient trade in Energy Materials and Products and Investments, as well as to achieve the objectives of the Charter, subject to compliance with their laws and regulations, as well as the protection of Intellectual Property rights. (2) Accordingly, to the extent necessary for the implementation of paragraph (1), the Contracting Parties shall eliminate existing and avoid new obstacles to the transfer of technology in the field of Energy Materials and Products and related equipment and services, subject to compliance with nuclear non-proliferation obligations and other international obligations.

Article 9 Access to capital (1) The Contracting Parties recognize the important role of open capital markets in encouraging capital inflows to finance trade in Energy Materials and Products, as well as making and facilitating Investments in Economic Activities in the Energy Sector in the Territories of other Contracting Parties, especially those whose economies are in transition. Each Contracting Party, accordingly, strives to create conditions for companies and citizens of other Contracting Parties to access its capital market in order to finance trade in Energy Materials and Products and to Invest in Economic Activities in the Energy Sector in the Territory of these other Contracting Parties on a basis no less favorable than that which it provides in such cases. circumstances to their own companies and citizens or to companies and citizens of any other Contracting Party or any third State, depending on what is most favorable. (2) A Contracting Party may adopt and continue programs providing access to government loans, subsidies, guarantees or insurance in order to encourage trade or Investment abroad. It provides such benefits in accordance with the objectives, limitations, and criteria of such programs (including any objectives, limitations, or criteria related to the applicant's place of business or the place of delivery of goods or services provided through any of these benefits) for Investments in Economic Activities in the Energy Sector. of other Contracting Parties or to finance trade in Energy Materials and Products with other Contracting Parties. (3) The Contracting Parties, when implementing programs within the framework of Economic Activities in the Energy Sector, which are aimed at strengthening economic stability and improving the investment climate in the Contracting Parties, where appropriate, striving to encourage transactions and use the experience of relevant international financial institutions. (4) Nothing in this Article shall prevent: (a) Financial institutions from applying their own lending or guarantee methods based on market principles and prudential considerations; or (b) the Contracting Party to take measures: (i) for reasons of prudence, including the protection of Investors, consumers, depositors, policyholders, or persons to whom financial service providers have a fiduciary duty; or (ii) to ensure the integrity and stability of its financial system and capital markets. Part III Promotion and protection of investments

Article 10 Promotion, protection and treatment of investments (1) Each Contracting Party, in accordance with the provisions of this Treaty, shall encourage and create stable, equitable, favorable and transparent conditions for Investors of other Contracting Parties to Make Investments in its Territory. Such conditions include the obligation to provide, without exception, fair and equal treatment to Investments of Investors of other Contracting Parties. Such investments also enjoy maximum protection and security at all times, and no Contracting Party should in any way interfere with their management, maintenance, use, possession or disposal through unjustified or discriminatory measures. Under no circumstances should such Investments be treated less favourably than that prescribed by international law, including contractual obligations. Each Contracting Party shall comply with all obligations that it has assumed with respect to an Investor or an Investment by an Investor of any other Contracting Party. (2) Each Contracting Party shall endeavour to provide Investors of the other Contracting Parties with the Treatment set out in paragraph (3) with regard to Making Investments in its Territory. (3) For the purposes of this Article, "Regime" means a regime provided by a Contracting Party that is no less favorable than that which it provides to its own Investors or to Investors of any other Contracting Party or any third State, whichever is the most favorable. (4) The Supplementary Agreement will oblige, subject to the conditions set out therein, each party participating in it to provide Investors of other parties with the treatment set out in paragraph (3) with respect to Investments in its Territory. This treaty will be open for signature by the States and Regional Economic Integration Organizations that have signed or acceded to this Treaty. Negotiations on an additional agreement will begin no later than January 1, 1995, with a view to concluding it by January 1, 1998. (5) Each Contracting Party, with regard to Making Investments in its Territory, shall endeavour to: (a) limit to a minimum the exceptions to the regime set out in paragraph (3); (b) gradually eliminate existing restrictions that affect Investors of other Contracting Parties. (6) (a) A Contracting Party may, with regard to Investments in its Territory, at any time voluntarily announce to the Charter Conference, through the Secretariat, its intention not to implement new exemptions from the Regime set out in paragraph (3). (b) In addition, a Contracting Party may, at any time, undertake a voluntary commitment to provide Investors of other Contracting Parties, with respect to Investments in some or all Economic Activities in the Energy Sector in its Territory, with the Regime set out in paragraph (3). Such obligations shall be notified The Secretariat, and they are entered in the list contained in Annex VC and become binding in accordance with this Treaty. (7) Each Contracting Party grants Investments in its Territory to Investors of other Contracting Parties and extends to their respective activities, including management, maintenance, use, possession or disposal, a regime no less favorable than that which it grants to Investments of its own Investors or Investors of any other Contracting Party or any third State; and extends to their respective activities, including management, maintenance, use, possession or disposal, as appropriate, which one is the most favorable. (8) The conditions for the application of paragraph (7) in relation to programmes under which a Contracting Party provides subsidies or other types of financial assistance or concludes contracts for research and development in the field of energy technology should be specified in the supplementary agreement referred to in paragraph (4). Each Contracting Party, through the Secretariat, shall inform the Conference according to the Charter on the conditions it applies to the programs mentioned in this paragraph. (9) Each State or Regional Economic Integration Organization that signs or accedes to this Treaty shall submit to the Secretariat, on the date of its signature of the Treaty or the deposit of its instrument of accession, a report summarizing all laws, regulations or other measures relevant to: (a) exemptions from paragraph (2); or (b) the programmes referred to in paragraph (8). The Contracting Party shall update its report by immediately notifying the Secretariat of the changes. The Charter Conference periodically reviews these reports. With respect to subparagraph (a), the report may indicate areas of the energy sector in which a Contracting Party provides Investors of other Contracting Parties with the Treatment set out in paragraph (3). With respect to subparagraph (b), the Charter Conference reviews may address the impact of such programs on competition and Investment. (10) Regardless of any other provision of this Article, the regime set out in paragraphs (3) and (7) should not apply to the protection of Intellectual Property.; Instead, it is provided with a regime provided for by the relevant provisions of applicable international agreements on the protection of intellectual property rights to which the relevant Contracting Parties are Parties. (11) For the purposes of Article 26, the application by a Contracting Party of a trade-related investment measure referred to in Article 5(1) and (2) to an Investment by an Investor of another Contracting Party existing at the time of such application shall be considered, in accordance with Article 5(3) and (4), as a breach of an obligation of the first Contracting Party under this Part. (12) Each Contracting Party shall ensure that its national legislation provides effective means of defending claims and enforcing rights in respect of Investments, investment agreements, and investment permits.

Article 11 Key personnel (1) A Contracting Party, subject to compliance with its laws and regulations concerning the entry, stay and work of individuals, shall consider in good faith requests from Investors of the other Contracting Party and key personnel employed by such Investors or Investments of such Investors for permission to enter and temporarily stay in its Territory for the purpose of conducting business, related to the implementation or development, management, maintenance, use, possession or disposal of related Investments, including the provision of advisory or basic technical services. (2) A Contracting Party shall permit Investors of the other Contracting Party with Investments in its Territory, as well as Investments of such Investors, to hire any employee of the category of key personnel at the discretion of these Investors or Investments, regardless of nationality or nationality, provided that such employee of the category of key personnel has received permission to enter, stay and work in On the territory of the first Contracting Party and that this work complies with the conditions and time constraints, established in the permit issued to such an employee of the key personnel category.

Article 12 Compensation for losses (1) Except in cases where Article 13 applies, an investor of any Contracting Party who suffers damage in respect of any Investment in the Territory of another Contracting Party as a result of a war or other armed conflict, the imposition of a state of emergency, civil unrest or other similar events in that Territory shall be provided by the latter-mentioned Contracting Party. By a Party, with regard to restitution, reparation, compensation or other types of settlement, the regime is the most favorable of those, which this Contracting Party provides to any other Investor, whether its own Investor, an Investor of any other Contracting Party, or an Investor of any third country. (2) Without prejudice to paragraph (1), to an Investor of a Contracting Party who, in any of the situations referred to in that paragraph, suffers damage in the Territory of another Contracting Party as a result of: (a) the requisition of his Investment or part of it by the armed forces or authorities of the latter-mentioned Contracting Party; or (b) the destruction of his Investment or part of it by the armed forces or authorities of the latter-mentioned Contracting Party, which was not necessary in the given situation, restitution or compensation is provided, which in both cases must be prompt, sufficient and effective.

Article 13 Expropriation (1) Investments of Investors of a Contracting Party in the territory of any other Contracting Party shall not be subject to nationalization, expropriation, or a measure or measures having consequences similar to nationalization or expropriation (hereinafter referred to as "Expropriation"), except in cases where such Expropriation is carried out: (a) for a purpose that meets the public interest; (b) without discrimination; (c) following due process of law; and (d) simultaneously with the payment of prompt, sufficient and effective compensation. The amount of such compensation corresponds to the fair market value of the expropriated Investment at the time immediately preceding the Expropriation or until the moment when the news of the impending Expropriation affected the value of the Investment (hereinafter referred to as the "Valuation Date"). Such fair market value, at the request of the Investor, is estimated in a Freely Convertible Currency based on the market exchange rate prevailing for that currency at the Valuation Date. Compensation also includes the payment of interest at a commercial rate determined on a market basis from the date of Expropriation to the date of payment. (2) An investor who has suffered damage has the right, in accordance with the legislation of the Expropriating Contracting Party, to have his case promptly reviewed by a judicial or other competent and independent authority of that Contracting Party, to assess the value of his Investment and to pay compensation in accordance with the principles set out in paragraph (1). (3) For the avoidance of doubt, Expropriation covers situations where a Contracting Party expropriates the assets of a company or enterprise on its Territory in which an Investor of any other Contracting Party has Investments, including in the form of shares.

Article 14 Transfer of investment-related payments (1) Each Contracting Party guarantees, in respect of Investments in its Territory by Investors of any other Contracting Party, freedom of negotiation to and from its Territory, including the transfer of: (a) the initial capital plus any additional capital for the purpose of maintaining and expanding the Investment; (b) (c) payments in accordance with the contract, including the amount of repayment of the principal debt and payment of accrued interest in accordance with the loan agreement; (d) unspent earnings and other remuneration of personnel employed abroad in connection with this Investment; (e) proceeds from the sale or liquidation of all or any part of the Investment; (f) payments resulting from dispute resolution; (g) compensation payments in accordance with Articles 12 and 13. (2) Transfers provided for in paragraph (1) shall be made without delay and (except in cases of Income in kind) in Freely Convertible Currency. (3) Transfers are made at the market exchange rate prevailing on the transfer date for spot transactions in the currency to be transferred. In the absence of a foreign exchange market, the most recent exchange rate applied to investments coming from outside is taken, or the most recent exchange rate for converting currencies into Special Drawing Rights, depending on which of them is the most favorable for the Investor. (4) Notwithstanding paragraphs (1) to (3), a Contracting Party may protect the rights of creditors or ensure compliance with laws on the issuance, trading and transactions in securities and the enforcement of judgments in court or arbitration proceedings in civil, administrative and criminal matters through the fair, non-discriminatory and fair application of its laws and regulations. (5) Notwithstanding paragraph (2), Contracting Parties that are States that were part of the former Union of Soviet Socialist Republics may provide in agreements concluded between them for the transfer of payments in the currency of these Contracting Parties, provided that the said agreements do not provide for investments in their Territories by Investors of other Contracting Parties to provide a regime less favorable than the regime provided to Investments of Investors of the Contracting Parties included in such agreements, or Investments of Investors from any third country. (6) Notwithstanding subparagraph (1)(b), a Contracting Party may restrict the transfer of Income in kind in cases where a Contracting Party is authorized, in accordance with Article 29(2)(a) or GATT and Related Documents, to restrict or prohibit the export or sale for export of products constituting Income in in kind; provided that the Contracting Party authorizes transfers of Income in kind, in accordance with the authorization or conditions provided for in the investment agreement, investment permit or other written agreement between the Contracting Party and either the Investor of the other Contracting Party or his Investment.

Article 15 Subrogation (1) If a Contracting Party or an authority designated by it (hereinafter referred to as the "Indemnifying Party") makes a payment in compensation for losses or under a guarantee provided in respect of an Investment by an Investor (hereinafter referred to as the "Receiving Party") in the Territory of another Contracting Party (hereinafter referred to as the "Receiving Party"). The Receiving Party recognizes: (a) the transfer to the Party Compensating for Losses of all rights and claims in respect of such Investment; and (b) The right of the Indemnifying Party to exercise all such rights and enforce such claims by virtue of subrogation. (2) The Party Compensating for Losses is entitled in all cases to: (a) the same treatment with respect to the rights and claims transferred to it by virtue of the transfer of rights referred to in paragraph (1); and (b) the same payments due in accordance with these rights and claims, to which the Receiving Party was entitled to receive by virtue of this Agreement in respect of the relevant Investment. (3) In any proceedings under Article 26, a Contracting Party shall not insist, as a defense, counterclaim, right to set off claims, or for any other reason, that compensation for damage or other compensation for all or part of the claimed damage has been received or will be received in accordance with an insurance or surety agreement.

Article 16 Relationship with other agreements In cases where two or more Contracting Parties have concluded a previous international agreement or are concluding a subsequent international agreement, the terms of which in any of these cases relate to the subject matter of Part III or V of this Treaty, (1) nothing in Part III or V of this Treaty shall be interpreted as prejudice to any provision of such terms of another agreement or any right to resolve disputes with respect to him in accordance with this agreement; and (2) nothing in such terms of the other agreement shall be interpreted as prejudicing any provision of Part III or V of this Agreement or any right to dispute resolution in respect thereof under this Agreement, when any such provision is more favorable to the Investor or Investment.

Article 17 Non-application of Part III in certain circumstances Each Contracting Party reserves the right to deny the advantages provided for in this Part to: (1) a legal entity if such a legal entity belongs to or is controlled by citizens or subjects of a third State and if this legal entity does not conduct substantial business activities in the Territory of the Contracting Party in which it was established.; or (2) Investments, if the Contracting Party denying the benefits determines that such an Investment is an Investment of a Third-country Investor with whom or in respect of whom the refusing Contracting Party: (a) does not maintain diplomatic relations; or (b) takes or maintains measures that (i) prohibit transactions with Investors of that State; or (ii) would have been violated or circumvented if the benefits provided for in this Part had been provided by an Investor of that State or their Investments.

Part IV Other provisions

Article 18 Sovereignty over Energy resources (1) The Contracting Parties recognize State sovereignty and sovereign rights over energy resources. They reaffirm that sovereignty and sovereign rights must be exercised in accordance with and in compliance with international law. (2) Without prejudice to the purposes of facilitating access to energy resources, as well as their exploration and development on a commercial basis, the Agreement does not in any way affect the norms of the Contracting Parties governing the system of ownership of energy resources. (3) Each State shall continue to retain, in particular, the rights to decide which geographical areas within its Territory will be allocated for the exploration and development of its energy resources, the issues of optimizing their extraction, as well as the pace at which they may be developed or otherwise exploited, and to set and manage any taxes, royalties or other financial payments in accordance with by virtue of such exploration and exploitation, and to regulate the environmental protection and safety aspects of such exploration, development and development within its Territory, as well as participate in such exploration and exploitation through, inter alia, direct government involvement or through State-owned enterprises. (4) The Contracting Parties undertake to promote access to energy resources, inter alia, through non-discriminatory allocation based on published criteria, permits, licenses, concessions and contracts for the exploration and exploration of energy resources or for their exploitation or extraction.

Article 19 Environmental aspects (1) In order to ensure sustainable development and taking into account its obligations under international agreements on environmental protection to which it is a party, each Contracting Party shall strive to minimize, by economically efficient methods, the harmful Effects on the Environment occurring either within or outside its Territory as a result of all operations within the framework of the Energy Cycle on its Territory, taking due account of security issues. At the same time, each Contracting Party acts based on considerations of Economic Efficiency. In its policies and actions, each Contracting Party strives to take precautionary measures to prevent or minimize environmental degradation. The Contracting Parties agree that the perpetrator of pollution in the Territory of the Contracting Parties should, in principle, bear the costs of pollution, including transboundary pollution, taking due account of public interests and avoiding distortions in Investments in the Energy Cycle or in international trade. Accordingly, the Contracting Parties: (a) take environmental considerations into account throughout the process of developing and implementing their energy policies; (b) promote market-oriented pricing and a better reflection of environmental costs and benefits throughout the Energy Cycle; (c) taking into account the provisions of Article 34 (4), encourage cooperation in achieving the environmental objectives of the Charter and cooperation in the field of international environmental standards for the Energy Cycle, taking into account differences in harmful effects and costs to mitigate this impact from the Contracting Parties; (d) pay special attention to Improving Energy Efficiency, the development and use of renewable energy sources, the promotion of cleaner fuels and the use of technologies and technological means that reduce pollution; (e) facilitate the collection and exchange of information between the Contracting Parties on environmentally sound and cost-effective energy policies and Cost-effective methods and technologies; (f) promote public awareness of the Environmental Impact of energy systems, the possibilities of preventing or reducing their harmful effects on the Environment, and the costs associated with various measures to prevent and mitigate such effects; (g) promote and cooperate in the research, development and application of energy-efficient and environmentally sound technologies, methods, processes that will minimize the harmful effects on the Environment of all aspects of the Energy Cycle in a cost-effective manner. (h) encourage the creation of an enabling environment for the transfer and dissemination of such technologies, taking into account the need for appropriate and effective protection of Intellectual Property rights; (i) promote open assessment at an early stage and before decision-making, as well as subsequent monitoring of the environmental impact of environmentally significant energy investment projects; (j) contribute internationally to raising awareness and exchanging information on relevant environmental programmes and standards of the Contracting Parties and the implementation of these programmes and standards; (k) participate, upon request and within available resources, in the development and implementation of relevant environmental programmes in the Contracting Parties. (2) At the request of one or more Contracting Parties, disputes concerning the application or interpretation of the provisions of this Article, provided that there are no provisions in other appropriate international forums for the consideration of such disputes, shall be considered by the Charter Conference with a view to their resolution. (3) For the purposes of this Article: (a) "Energy Cycle" means the entire energy chain, including activities related to prospecting, exploration, production, transformation, storage, transportation, distribution and consumption of various forms of energy and the processing and disposal of waste, as well as the shutdown, termination or closure of these activities in order to minimize the harmful Effects on the Environment. (b) "Environmental impact" means any impact exerted by a particular activity on the environment, including impacts on human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures, or the interaction between these factors; it also includes impacts on cultural legacy or socio-economic conditions as a result of changes in these factors. (c) "Energy efficiency improvement" means measures aimed at maintaining the output of the same unit of product (good or service) without reducing the quality or performance of that product while reducing the energy required to produce that product. (d) "Cost-effective" means achieving a specific goal at the lowest cost or achieving maximum benefit at a given cost.

Part IV Other provisions

Article 20 Openness (1) Laws, regulations, judicial decisions and administrative orders of general application affecting trade in Energy Materials and Products, in accordance with Article 29 (2) (a), relate to measures subject to the provisions of GATT and related related Documents on Openness. (2) Laws, regulations, judicial decisions and administrative decisions of general application adopted by any Contracting Party, and agreements in force between the Contracting Parties that address other issues covered by this Treaty, are also subject to immediate publication so that other Contracting Parties and Investors have the opportunity to familiarize themselves with them. The provisions of this paragraph do not require any Contracting Party to disclose confidential information that could interfere with law enforcement or otherwise harm State interests or affect the legitimate commercial interests of any Investor. (3) Each Contracting Party shall designate one or more reference points to which information concerning the above-mentioned laws, regulations, judicial decisions and administrative orders may be requested, and shall promptly notify the Secretariat of such appointment, which shall provide such information upon request.

Article 21 Taxation (1) Except as otherwise provided in this Article, nothing in this Treaty shall create rights or impose obligations with respect to Tax Measures of the Contracting Parties. In the event of any conflict between this Article and any other provision of the Agreement, this Article shall prevail in respect of such conflict. (2) Article 7(3) applies to Tax Measures other than those relating to income or capital, with the exception that such provision should not apply to: (a) a benefit granted by a Contracting Party in accordance with the tax provisions of any convention, agreement or arrangement referred to in subparagraph (7)(a) (ii); or (b) any Tax Measure aimed at ensuring the effective collection of taxes, except in cases where this measure of a Contracting Party involves arbitrary discrimination against Energy Materials and Products originating in or intended for the Territory of another Contracting Party or arbitrarily restricts the benefits provided in accordance with Article 7(3). (3) Article 10(2) and (7) shall apply to Tax Measures of the Contracting Parties, other than tax measures in respect of income or capital, with the exception that such provisions should not apply: (a) to establish obligations under the most-favored-nation regime in respect of benefits provided by a Contracting Party in accordance with the tax provisions any convention, agreement or arrangement referred to in subparagraph (7) (a) (ii) or arising from membership in a Regional Economic Integration Organization; or (b) with respect to any Tax Measure aimed at ensuring the effective collection of taxes, except in cases where this measure involves arbitrary discrimination against an Investor of the other Contracting Party or arbitrarily restricts benefits provided in accordance with the Investment Provisions of this Treaty. (4) Article 29(2)-(6) applies to Tax Measures other than income or capital tax measures. (5) (a) Article 13 applies to taxes. (b) Whenever a question arises under Article 13 as to whether a tax is expropriation or whether a tax referred to as expropriation is discrimination, the following provisions shall apply: (i) The Investor or the Contracting Party referring to the expropriation, The question of whether the tax is expropriation or whether this tax constitutes discrimination is referred to the relevant Competent Tax Authority. If the Investor or a Contracting Party does not make such a transfer, the authorities recognized for dispute resolution under Articles 26(2)(c) or 27(2) shall refer it to the relevant Competent Tax Authorities; (ii) The Competent Tax Authorities shall endeavour, within six months from the date of such transfer, to resolve the issues so referred to them.. With regard to non-discrimination issues, the Competent Tax Authorities shall apply the non-discrimination provisions of the relevant tax convention or, if the relevant tax convention does not contain a non-discriminatory provision applicable to that tax or there is no such applicable tax convention between the relevant Contracting Parties, they shall apply the principles of non-discrimination in accordance with the Model Convention on Taxes on Income and Capital Organization for Economic Cooperation and Development; (iii) The authorities recognized to resolve disputes under Article 26(2)(c) or 27(2) may take into account all conclusions reached by the Competent Tax Authorities as to whether the tax constitutes expropriation. Such authorities shall take into account all conclusions reached by the Competent Tax Authorities within the six-month period specified in subparagraph (b) (ii) as to whether the tax constitutes discrimination. Such authorities may also take into account all conclusions reached by the Competent Tax Authorities after the expiration of the six-month period.; (iv) Under no circumstances should the involvement of the Competent Tax Authorities after the expiration of the six-month period referred to in subparagraph (b) (ii) lead to a delay in the proceedings under Articles 26 and 27. (6) For the avoidance of doubt, Article 14 does not limit the right of a Contracting Party to impose or collect taxes by withholding or by other means. (7) For the purposes of this Article: (a) The term "Tax Measure" includes: (i) any tax-related provision of the national legislation of a Contracting Party or its administrative-territorial unit or its local government; and (ii) any tax-related provision of any convention for the avoidance of double taxation or any other international agreement or agreements by which the Contracting Party is bound. (b) Taxes on income or capital are all taxes that are levied on total income, total capital or components of income or capital, including taxes on gains from alienation of property, taxes on property, inheritance and gift or similar taxes, taxes on total wages or salaries paid by enterprises, and also taxes on capital gains. (c) "Competent Tax Authority" means the competent authority under the agreement in force between the Contracting Parties for the avoidance of double taxation or, in the absence of such agreement in force, the Minister or ministry responsible for taxation or their authorized representatives. (d) For the avoidance of doubt, the terms "tax provisions" and "taxes" do not include customs duties.

Article 22 State-owned and privileged enterprises (1) Each Contracting Party shall ensure that any State-owned enterprise that it supports or establishes carries out its activities in relation to the sale or supply of goods and services on its territory in accordance with the obligations of the Contracting Party imposed by Part III of this Treaty. (2) No Contracting Party shall encourage such a State-owned enterprise or require it to carry out its activities on its territory in violation of the obligations of that Contracting Party imposed by other provisions of this Treaty. (3) Each Contracting Party, if it establishes or supports any entity and assigns regulatory, administrative or other authority to it, shall ensure that such entity exercises such authority in accordance with the obligations of the Contracting Party under this Treaty. (4) No Contracting Party shall encourage or require any entity to which it grants exclusive or special privileges to carry out its activities on its Territory in violation of the obligations of the Contracting Party under this Treaty. (5) For the purposes of this Section, "entity" means any enterprise, agency or other organization or individual.

Article 23 Compliance with the Treaty by subnational authorities (1) Each Contracting Party, in accordance with this Treaty, shall bear full responsibility for compliance with all provisions of the Treaty and shall take such reasonable measures as may be at its disposal to ensure such compliance by regional and local authorities and authorities within its Territory. (2) The provisions governing dispute resolution in Parts II, IV and V of this Treaty may apply to measures affecting compliance with the Treaty by a Contracting Party taken by regional or local authorities or authorities within the Territory of a Contracting Party.

Article 24 Exceptions (1) This Article does not apply to Articles 12, 13 and 29. (2) The provisions of this Treaty other than (a) those referred to in paragraph (1); and (b) with respect to subparagraph (i), Part III of the Treaty shall not prevent any Contracting Party from accepting or (i) ensure compliance with any measure necessary to protect the life or health of humans, animals or plants; (ii) essential for the acquisition or distribution of Materials and Products in conditions of scarcity arising for reasons beyond the control of that Contracting Party, provided that any such measure complies with the principles that: (A) all other Contracting Parties are entitled to a fair share of international supplies of such Energy Materials and Products; and (C) any such measure contrary to this Agreement shall be cancelled as soon as the conditions that gave rise to it cease to exist.; or (iii) aimed at providing assistance to Investors who belong to indigenous peoples or socially or economically vulnerable individuals or groups, or their Investments, and which the Secretariat has been notified of as such, provided that such a measure: (A) does not have a significant impact on the economy of that Contracting Party; and (C) does not constitute discrimination between Investors of any other Contracting Party and Investors of this Contracting Party who are not included among those targeted by this measure, provided that no such measure should imply a hidden restriction of Economic Activity in the Energy Sector or arbitrary or unjustified discrimination against any Contracting Parties. or Investors or other interested parties of the Contracting Parties. Such measures should be motivated accordingly and should not cancel or affect any benefit reasonably expected under this Treaty by one or more other Contracting Parties to a greater extent than is strictly necessary for the stated purpose. (3) The provisions of this Treaty, other than those referred to in paragraph (1), shall not be interpreted as preventing any Contracting Party from taking any measure that it deems necessary: (a) to protect its important security interests, including (i) related to the supply of Energy Materials and Products to the military complex; or (ii) undertaken during a war, armed conflict or other emergency situations in international relations; (b) related to the implementation of a national policy on the non-proliferation of nuclear weapons or other nuclear explosive devices or necessary to fulfill its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, Guidelines for the Export of Nuclear Materials and other international obligations or understandings in the field of nuclear non-proliferation; or (c) to maintain public order. Such a measure should constitute a hidden Transit restriction. (4) The provisions of this Treaty, which grant most-favored-nation treatment, shall not oblige any Contracting Party to extend to Investors of any other Contracting Party any preferential treatment: (a) arising from its membership in a free trade area or a customs union; or (b) which provides a bilateral or multilateral agreement on economic cooperation between the States that were formerly part of the Union of Soviet Socialist Republics before the establishment of economic relations between them on a definitively defined basis.

Article 25 of the Economic Integration Agreement (1) The provisions of this Treaty shall not be interpreted as obliging a Contracting Party that is a Party to the Economic Integration Agreement (hereinafter referred to as the "SEI") to grant, through most-favored-nation treatment, to another Contracting Party that is not a Party to this SEI, any preferential treatment applied between parties to this SEI as a result of the fact that they are parties to it. (2) For the purposes of paragraph (1), "SEI" means an agreement that significantly liberalizes, inter alia, trade and investment by preventing or eliminating essentially all discrimination between its parties by eliminating existing discriminatory measures and/or prohibiting new or more discriminatory measures, or at the time of entry into force of this agreement, or within a reasonable period. (3) This Article should not affect the application of the GATT and Related Documents in accordance with Article 29. Part V Dispute resolution

Article 26 Settlement of disputes between an Investor and a Contracting Party (1) Disputes between a Contracting Party and an Investor of another Contracting Party concerning an Investment of the latter not in the Territory of the former, which relate to allegations of a violation of an obligation under Part III by the first Contracting Party, shall be resolved, as far as possible, in an amicable manner. (2) If such disputes cannot be resolved in accordance with the provisions of paragraph (1) within three months from the date on which one of the parties to the dispute has requested an amicable resolution, the Investor who is a party to the dispute may, at his discretion, submit it to the courts or administrative authorities for resolution: (a) the Tribunals of the Contracting Party to the dispute; (b) in accordance with any applicable, pre-agreed dispute resolution procedure; or (c) in accordance with the following paragraphs of this Article. (3) (a) Subject only to sub-paragraphs (b) and (c), each Contracting Party hereby gives its unconditional consent to submit the dispute to international arbitration or conciliation in accordance with the provisions of this Article. (b) (i) The Contracting Parties listed in Annex ID do not give such unconditional consent in cases where the Investor has previously submitted the dispute for consideration in accordance with subparagraph (2) (a) or (b). (ii) In order to ensure transparency, each Contracting Party listed in Annex I.D. shall submit to the Secretariat a written statement of its policies, practices and conditions no later than the date of deposit of its instrument of ratification, acceptance or approval in accordance with Article 39 or deposit of its instrument of accession in accordance with Article 41.(c) The Contracting Party referred to in Annex IA does not give such unconditional consent in respect of a dispute arising in accordance with the last sentence of Article 10 (1). (4) If any Investor prefers to submit a dispute for resolution in accordance with subparagraph (2) (c), that Investor also agrees in writing to submit the dispute to: (a) (i) the International Center for Settlement of Investment Disputes established in accordance with the Convention on Settlement of investment disputes between States and natural or legal persons of other States, opened for signature in Washington on March 18, 1965 (hereinafter referred to as the "ICSID Convention"), if the Investor's Contracting Party and the Contracting Party, a party to the dispute, both parties to the ICSID Convention; or (ii) to the International Center for Settlement of Investment Disputes established in accordance with the Convention referred to in subparagraph (a) (i), in accordance with the rules Governing the Additional Procedure for Securing Proceedings. The Secretariat of the Center (hereinafter referred to as the "Rules of Additional Procedure"), if the Investor's Contracting Party or the Contracting Party to the dispute, but not both, is a party to the ICSID Convention; (b) to a sole arbitrator or to an ad hoc arbitral tribunal established in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (hereinafter referred to as "UNCITRAL"); or (c) to arbitration at the Arbitration Institute of the International Chamber of Commerce in Stockholm. (5) (a) The consent referred to in paragraph (3), together with the written consent of the Investor given in accordance with paragraph (4), must meet the requirement for: (i) the written consent of the parties to the dispute for the purposes of Chapter II of the ICSID Convention and for the purposes of the Rules of Supplementary Procedure; ((ii) "Written consent" for the purposes of Article II of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York on June 10, 1958 (hereinafter referred to as the "New York Convention"); and (iii) "parties to the contract who have given written consent" for the purposes of Article 1 of the UNCITRAL Arbitration Rules. (b) Any arbitration under this Article, at the request of any party to the dispute, shall be conducted in a State party to the New York Convention. Claims submitted to arbitration in accordance with these provisions shall be considered as arising out of a commercial relationship or transaction for the purposes of Article I of the said Convention. (6) An arbitration court established pursuant to paragraph (4) shall resolve disputes in accordance with this Treaty and the applicable rules and principles of international law. (7) An investor, other than an individual who has the nationality of one Contracting Party that is a party to the dispute, as of the date of the written consent referred to in paragraph (4), and who, prior to the dispute between him and that Contracting Party, was controlled by Investors of the other Contracting Party, shall be considered for the purposes of Article 25.(2)(b) of the ICSID Convention, as a "legal entity of another Contracting State" and for the purposes of Article 1(6) of the Rules of Additional Procedure, it is subject to the regime of a "legal entity of another State". (8) Arbitral awards, which may include a decision on the payment of interest, are final and binding on the parties to the dispute. An arbitration award concerning a measure taken by a subnational authority or authorities of a Contracting Party to the dispute provides for the possibility of monetary compensation for damages to be paid by the Contracting Party in lieu of any other compensation. Each Contracting Party shall execute any such decision without delay and provide for the effective enforcement of such decisions on its Territory.

Article 27 Settlement of disputes between the Contracting Parties (1) The Contracting Parties shall endeavour to resolve disputes concerning the application or interpretation of this Treaty through diplomatic channels. (2) If the dispute has not been resolved in accordance with paragraph (1) within a reasonable time, any party to the dispute, except as otherwise provided for in this Treaty or agreed by the Contracting Parties in writing, and except in cases concerning the application or interpretation of Article 6 or Article 19 or the last sentence of Article 10(1) for the Contracting Parties listed in Annex IA, may, after giving written notification to the other party to the dispute, submit the dispute for resolution to an ad hoc arbitral tribunal in accordance with this Article. (3) Such an ad hoc arbitral tribunal shall be constituted as follows: (a) The Contracting Party initiating the case shall appoint one arbitrator and inform the other Contracting Party to the dispute of its appointment within 30 days from the date of receipt by the other Contracting Party of the notification referred to in paragraph (2); (b) Within 60 days of receiving the written notification referred to in paragraph (2), the other Contracting Party to the dispute shall appoint one arbitrator. If no such appointment is made within the prescribed period, the Contracting Party initiating the case may, within 90 days of receiving the written notification referred to in paragraph (2), request that such appointment be made in accordance with subparagraph (d); (c) The Third Arbitrator, who cannot be A national or citizen of a Contracting Party that is a party to the dispute is appointed by the Contracting Parties that are parties to the dispute. This arbitrator is the Chairman of the court. If, within 150 days of receipt of the notification referred to in paragraph (2), the Contracting Parties do not reach an agreement on the appointment of a third arbitrator, such appointment shall be made, in accordance with subparagraph (d), at the request of one of the Contracting Parties submitted within 180 days of receipt of such notification; (d) The appointment, which are proposed to be made upon relevant requests pursuant to this paragraph, shall be made by the Secretary General of the Permanent Court of Arbitration within 30 days of receipt of the relevant request. If anything prevents the Secretary-General from performing this function, the appointments are made by the First Secretary of the Bureau. If the latter, in turn, is prevented from performing this function, the appointments shall be made by the senior deputy; (e) Appointments made in accordance with subparagraphs (a) to (d) shall take into account the qualifications and experience of the appointed arbitrators, especially in matters covered by this Agreement.; (f) Unless otherwise agreed between the Contracting Parties, the UNCITRAL Arbitration Rules shall apply, taking into account the amendments made to them by the Contracting Parties to the dispute or the arbitrators. The arbitral tribunal shall make its decisions by a majority vote of its members; (g) The Court shall resolve the dispute in accordance with this Treaty and the applicable rules and principles of international law; (h) The decision of the arbitral tribunal shall be final and binding on the Contracting Parties to the dispute.; (i) In cases where, upon rendering an award, the arbitral tribunal concludes that the measure of a regional or local authority or authorities within the Territory of the Contracting Party referred to in Part I of Annex P is inconsistent with this Treaty, any party to the dispute may apply the provisions of Part II of Annex P; (j) The costs of the court, including the remuneration of the arbitrators, shall be distributed equally between the Contracting Parties to the dispute. The Court may, however, decide at its discretion that one of the Contracting Parties to the dispute must cover most of the costs; (k) Unless otherwise agreed by the Contracting Parties to the dispute, the court shall sit in The Hague and use the premises and facilities of the Permanent Court of Arbitration; ((l) A copy of the award shall be deposited with the Secretariat, which shall make it accessible to all.

Article 28 Non-application of Article 27 to certain disputes A dispute between the Contracting Parties concerning the application or interpretation of Article 5 or Article 29 shall not be settled in accordance with Article 27 unless the Contracting Parties to the dispute agree to do so.

Part VI A transitional provision

Article 29 Provisional provisions concerning Trade-related matters (1) The provisions of this Article shall apply to trade in Energy Materials and Products as long as at least one of the Contracting Parties is not a Party to the GATT and Related Documents. (2) (a) Trade in Energy Materials and Products between Contracting Parties, at least one of which is not a Party to the GATT or the relevant Related Instrument, is regulated, subject to subparagraphs (b) and (c), as well as the exceptions and standards provided for in Annex G, by the provisions of GATT 1947. and Related Documents applied on March 1, 1994 and practiced in relation to Energy Materials and Products by the parties to the GATT 1947 among themselves, as if all Contracting Parties were Parties to the GATT 1947 and Related Documents. (b) Such trade of a Contracting Party that is a State that was part of the former Union of Soviet Socialist Republics may instead be regulated, subject to the provisions of Annex TFU, by an agreement between two or more such States prior to December 1, 1999 or prior to the entry of such Contracting Party into the GATT, depending on which of these dates is the nearest. (c) With regard to trade between any two parties to the GATT, subparagraph (a) should not apply unless one of these parties is a party to the 1947 GATT. (3) Each signatory to this Treaty and each State or Regional Economic Integration Organization acceding to this Treaty shall submit to the Secretariat, on the day of its signature or deposit of its act of accession, a list of all tariff rates and other charges applicable to Energy Materials and Products at the time of import or export, with a notification of the amount of such rates and fees applicable on such date of signature or deposit. Any changes in such rates or other charges shall be notified to the Secretariat, which shall inform the Contracting Parties of such changes. (4) Each Contracting Party shall endeavour not to increase any tariff rates or other charges levied at the time of import or export: (a) in the case of imports of Energy Materials and Products listed in Part I of the List relating to the Contracting Party referred to in Article II of the GATT above the level established in this List, if a Contracting Party is a Party to the GATT; (b) in the case of the export of Energy Materials and Products or their import, if a Contracting Party is not a Party to the GATT, above the level most recently notified to the Secretariat, except as permitted by the provisions applicable in accordance with subparagraph (2) (a). (5) The Contracting Party A Party may raise such tariff rates or other charges above the level referred to in paragraph (4) only if: (a) in the case of a rate or other charge levied at the time of importation, any provision of GATT other than the provisions of GATT 1947 and the Related Documents listed in Annex G and the relevant provisions of GATT 1994 and Related Documents authorizes such a measure; or (b) it has, to the maximum extent possible in accordance with its legislative procedures, notified the Secretariat of its intention regarding such an increase, provided other interested Contracting Parties with a reasonable opportunity for consultation in regarding its intention and has considered any submissions from such Contracting Parties. (6) The Signatories undertake to begin negotiations no later than January 1, 1995, with a view to completing by January 1, 1998, with due regard to all changes in the world trading system, work on the text of an amendment to this Treaty, which, in accordance with the conditions set out therein, will oblige each Contracting Party not to increase such tariffs or fees are higher than the level prescribed under this amendment. (7) Annex D applies to disputes concerning compliance with the provisions applicable to trade under this Article and, unless both Contracting Parties agree otherwise, to disputes concerning compliance with Article 5 between Contracting Parties, at least one of which is not a Party to the GATT, except that Annex D should not apply to any dispute between the Contracting Parties, the substance of which follows from the agreement: (a) which has been notified and which meets other requirements, as set out in subparagraph (2) (b) and Annex TFU; or (b) which creates a free trade area or customs union referred to in Article XXIV of the GATT.

Article 30 Amendments to international trade agreements The Contracting Parties undertake, in the light of the results of the Uruguay Round of Multilateral Trade negotiations, enshrined mainly in its Final Act, done in Marrakesh on April 15, 1994, to begin consideration no later than July 1, 1995 or the entry into force of this Treaty, whichever is later, of the relevant amendments to to this Treaty, bearing in mind that any such amendments will be adopted by the Charter Conference.

Article 31 Energy-related equipment The Provisional Charter Conference, at its first session, will begin studying the issue of including energy-related equipment in the trade provisions of this Treaty.

Article 32 Transitional measures (1) In recognition of the fact that time is required 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 set out in paragraphs (3))-(6): Article 6(2) and (5) Article 7 (4) Article 9 (1) Article 10(7) - specific measures Article 14(1)(d) - Only with respect to the transfer of unspent earnings Article 20(3) Article 22 (1) and (3) (2) The other Contracting Parties shall assist any Contracting Party that has suspended full compliance with its obligations under paragraph (1) in ensuring the conditions under which such suspension can be terminated. Such assistance may be provided in any form that the other Contracting Parties deem most effective to meet the needs set out in the notification under subparagraph (4) (c), including, where appropriate, bilateral or multilateral arrangements. (3) The applicable provisions, the stages of progress towards full compliance with each of them, the planned measures and deadlines or, in exceptional cases, the preliminary result by which each stage is completed and the measure is taken, are listed in Annex T for each Contracting Party seeking transitional measures. Each such Contracting Party shall adopt the measure included in the List by the date prescribed for the relevant provision and stage set out in Annex T. The Contracting Parties that have temporarily suspended full compliance with their obligations in accordance with paragraph (1) undertake to fully comply with the relevant obligations by July 1, 2001. If a Contracting Party considers it necessary, due to exceptional circumstances, to request an extension of such temporary suspension or the imposition of any new temporary suspensions not previously listed in Annex T, the decision on the request for amendments to Annex T shall be taken by the Charter Conference. (4) The Contracting Party resorting to transitional measures shall notify the Secretariat at least every 12 months: (a) of the implementation of any measures listed in its Annex T and of the overall progress it has made towards full compliance; (b) of the progress it anticipates to achieve full compliance with its obligations over the next 12 months, about any problem it expects to face, and about its proposals for solving this problem.; (c) the need for technical assistance to facilitate the completion of the steps set out in Annex T necessary for full compliance with this Treaty or the resolution of any problems notified in accordance with subparagraph (b), as well as to facilitate other necessary market-oriented reforms and modernization of its energy sector; (d) any possible need for such a request referred to in paragraph (3). (5) The Secretariat shall: (a) send to all Contracting Parties the notifications referred to in paragraph (4); (b) disseminate information on the needs and proposals for technical assistance referred to in paragraph (2) and subparagraph (4) (c) and actively promote, using, where appropriate, mechanisms existing in other international organizations, their harmonization; (c) send to all Contracting Parties at the end of each six-month period The period contains a short list of any notifications made pursuant to subparagraph 4 (a) or (d). (6) The Charter Conference shall review annually the status of implementation of the provisions of this Article by the Contracting Parties and the agreement on the needs and proposals for technical assistance referred to in paragraph (2) and subparagraph (4) (c). During such review, it may decide on appropriate measures.

Part VII Structure and institutions

Article 33 Protocols and Declarations to the Energy Charter (1) The Charter Conference may authorize negotiations on a number of Protocols or Declarations to the Energy Charter in order to implement the objectives and principles of the Charter. (2) Any signatory to the Charter may participate in such negotiations. (3) A State or a Regional Economic Integration Organization shall not become a party to the Protocol or Declaration unless they are or become both Signatories to the Charter and Contracting Parties to this Treaty. (4) Subject to paragraph (3) and subparagraph (6) (a), the final provisions applicable to the Protocol shall be defined in this Protocol. (5) The Protocol applies only to Contracting Parties that have expressed their consent to be bound by it, and should not infringe on the rights and obligations of Contracting Parties that are not Parties to this Protocol. (6) (a) The Protocol may entrust the Charter Conference with certain duties and the Secretariat with certain functions, provided that no such assignment may be made by amendment to the Protocol unless such amendment is approved by the Charter Conference, whose approval should not depend on any provisions of the Protocol authorized by subparagraph (b). (b) The Protocol, which provides that decisions under it are to be taken by the Charter Conference, may, subject to subparagraph (a), provide in respect of such decisions: (i) voting rules different from those contained in Article 36; (ii) that only the Parties to this Agreement The Protocol shall be considered as Contracting Parties for the purposes of Article 36 or as having the right to vote in accordance with the rules provided for in the Protocol.

Article 34 Energy Charter Conference (1) The Contracting Parties shall meet periodically at an Energy Charter Conference (hereinafter referred to as the "Charter Conference"), to which each Contracting Party has the right to send one representative. The dates of the regular sessions are determined by the Charter Conference. (2) Extraordinary sessions of the Charter Conference may be held at such dates as may be determined by the Charter Conference, or at the written request of any Contracting Party, provided that within six weeks from the date of transmission by the Secretariat to the Contracting Parties of such a request, it is supported by at least one third of the Contracting Parties. (3) The functions of the Charter Conference are: (a) to perform the duties assigned to it by this Treaty and any Protocols.; (b) review and facilitate the implementation of the principles of the Charter and the provisions of this Treaty and the Protocols; (c) assist, in accordance with this Treaty and the Protocols, in coordinating relevant general measures to implement the principles of the Charter; (d) review and adopt work programmes to be implemented by the Secretariat; (e) review and approve annual reports on the implementation of the Charter principles. reports and budget of the Secretariat; (f) reviewing and approving or accepting the terms of the headquarters agreement or any other agreement, including privileges and immunities deemed necessary for the Charter Conference and the Secretariat; (g) encouraging joint efforts aimed at facilitating and facilitating market-oriented reforms and modernization of the energy sectors in those Central and Eastern European countries. Eastern Europe and the former Union of Soviet Socialist Republics, whose economies are in transition; (h) authorizing and approving mandates for the negotiation of Protocols, as well as the consideration and adoption of their texts and amendments; (i) authorizing the negotiation of Declarations and approving their issuance; (j) deciding on the issue of accession to this Treaty; (k) authorizing the negotiation of agreements on associations, their consideration and approval or acceptance; (l) consideration and adoption of the texts of amendments to this Treaty; (m) review and adopt modifications to technical changes in the Annexes to this Treaty; (n) appoint a Secretary-General and make all decisions necessary for the establishment and functioning of the Secretariat, including the structure, staffing and standard terms of employment of officials and staff. (4) In carrying out its duties, the Charter Conference, through the Secretariat, shall cooperate and make maximum use, for reasons of economy and efficiency, of the services and programmes of other institutions and organizations with generally recognized competence in matters related to the objectives of this Treaty. (5) The Charter Conference may establish such subsidiary bodies as it deems necessary for the performance of its duties. (6) The Charter Conference shall consider and adopt rules of procedure and financial rules. (7) In 1999 and thereafter, at intervals (not exceeding five years) determined by the Charter Conference, the Charter Conference shall carefully review the functions provided for in this Treaty, taking into account the implementation of the provisions of the Treaty and the Protocols. At the end of each revision, the Charter Conference may change or cancel the functions referred to in paragraph (3) and may dissolve the Secretariat.

Article 35 Secretariat (1) In order to carry out its duties, the Charter Conference shall have a Secretariat consisting of a Secretary-General and such minimum staff as is necessary for effective work. (2) The Secretary-General is appointed by the Charter Conference. The first such appointment is made for a maximum period of five years. (3) In carrying out its duties, the Secretariat is subordinate to and accountable to the Charter Conference. (4) The Secretariat shall provide the Charter Conference with all necessary assistance for the performance of its duties and perform the functions assigned to it by this Treaty or any Protocol and any other functions assigned to it by the Charter Conference. (5) The Secretariat may enter into such administrative and contractual arrangements as may be necessary for the effective performance of its functions.

Article 36 Voting (1) The unanimity of the Contracting Parties Present and Voting at the session of the Charter Conference at which such matters are to be decided shall be required for decisions to be taken by the Charter Conference with a view to: (a) adopting amendments to this Treaty, other than amendments to Articles 34 and 35 and Annex T; (b) approval of accessions to this Treaty in accordance with Article 41 of States or Regional Economic Integration Organizations that were not signatories to the Charter as of June 16, 1995; (c) authorizing the negotiation and approval or adoption of the text of the Association Agreements; (d) approving amendments to Annexes EM, NI, G and B; (e) approving technical amendments to the Annexes to this Treaty; and (f) approving the members of the expert group appointed by the Secretary-General in accordance with paragraph (7) Annexes D. The Contracting Parties shall make every effort to reach agreement by consensus on any other issue requiring their decision under this Treaty. If agreement cannot be reached by consensus, the following paragraphs apply: (2)-(5). (2) Decisions on budgetary matters referred to in Article 34(3)(e) shall be taken by a qualified majority of the Contracting Parties whose assessed contributions specified in Annex B amount, in aggregate, to at least less than three-quarters of the total amount of assessed contributions indicated there. (3) Decisions on matters referred to in Article 34(7) shall be taken by a three-fourths majority of the Contracting Parties. (4) With the exception of the cases listed 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-fourths majority of the Contracting Parties Present and Voting at the session of the Conference on The Charter on which such issues are to be resolved. (5) For the purposes of this Article, "Contracting Parties Present and Voting" means Contracting Parties present and voting for or against, provided that the Charter Conference may take decisions according to the rules of procedure so that the Contracting Parties may take such decisions by correspondence. (6) With the exception of the decisions provided for in paragraph (2), no decision referred to in this Article shall be valid unless it is supported by a simple majority of the Contracting Parties. (7) A Regional Economic Integration Organization, when voting, shall receive a number of votes equal to the number of its Member States that are Contracting Parties to this Treaty, provided that such Organization does not exercise its right to vote if its Member States vote, and vice versa. (8) In the case of chronic indebtedness of a Contracting Party to financial obligations under this Treaty, the Charter Conference may temporarily deprive that Contracting Party of its voting rights in whole or in part.

Article 37 Principles of financing (1) Each Contracting Party shall cover at its own expense the costs of participation in the sessions of the Charter Conference and meetings of any subsidiary bodies. (2) The costs of holding sessions of the Charter Conference and meetings of any subsidiary bodies shall be considered as expenses of the Secretariat. (3) The expenses of the Secretariat shall be borne by the Contracting Parties from contributions assessed in accordance with their capacity to pay, as determined in accordance with Annex B, the provisions of which are subject to change in accordance with Article 36(1)(d). (4) Any Protocol contains provisions ensuring that any expenses of the Secretariat arising from this Protocol are borne by its parties. (5) The Charter Conference may also accept voluntary contributions from one or more Contracting Parties or from other sources. Expenses covered by such contributions should not be considered as Secretariat expenses for the purposes of paragraph (3).

Part VIII Final provisions

Article 38 Signature This Treaty is open for signature in Lisbon from December 17, 1994 to June 16, 1995 by the States and Regional Economic Integration Organizations that have signed the Charter.

Article 39 Ratification, acceptance or approval This Treaty is subject to ratification, acceptance or approval by the signatories. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.

Article 40 Application to territories (1) Any State or Regional Economic Integration Organization may, at the time of signature, ratification, acceptance, approval or accession, declare by a declaration transmitted to the Depositary that the Treaty is binding on it in respect of all Territories for whose international relations it is responsible, or in respect of one or more one of them. Such a declaration shall enter into force from the moment when the Treaty enters into force for that Contracting Party. (2) Any Contracting Party may subsequently, by means of a declaration transmitted to the Depositary, declare that this Treaty is binding on it in respect of another Territory specified in the declaration. In respect of such territory, the Treaty shall enter into force on the ninetieth day after receipt of such declaration by the Depositary. (3) Any declaration made in accordance with the two preceding paragraphs may, in respect of any Territory specified in such declaration, be revoked by notification addressed to the Depositary. The cancellation, subject to the applicability of Article 47(3), shall take effect one year after the date of receipt of such notification by the Depositary. (4) The definition of "Territory" in Article 1(10) shall be interpreted in the light of any declaration deposited in accordance with this Article.

Article 41 Accession This Treaty is open for accession by the States and Regional Economic Integration Organizations that have signed the Charter, from the date when the Treaty closes for signature, on the terms approved by the Charter Conference. The acts of accession shall be deposited with the Depositary.

Article 42 Amendments (1) Any Contracting Party may propose amendments to this Treaty. (2) The text of any proposed amendment to this Treaty shall be communicated by the Secretariat to the Contracting Parties at least three months before the date on which its adoption by the Charter Conference is scheduled. (3) Amendments to this Treaty, the texts of which have been adopted by the Charter Conference, shall be communicated by the Secretariat to the Depositary, who shall forward them to all Contracting Parties for ratification, acceptance or approval. (4) Instruments of ratification, acceptance or approval of amendments to this Treaty shall be deposited with the Depositary. Amendments shall enter into force for the Contracting Parties that have ratified, accepted or approved them on the ninetieth day after the receipt by the Depositary of the instrument of ratification, acceptance or approval by at least three quarters of the Contracting Parties. Thereafter, the amendments shall enter into force for any other Contracting Party on the ninetieth day after the deposit by that Contracting Party of its instrument of ratification, acceptance or approval of the amendments.

Article 43 Association Agreement (1) The Charter Conference may authorize negotiations on association agreements with States or Regional Economic Integration Organizations, or with international organizations, in order to implement the objectives and principles of the Charter and the provisions of this Treaty or one or more Protocols. (2) The relationships established with the associated State, Regional Economic Integration Organization or international organization, as well as their rights and obligations, correspond to the specific circumstances of the association, and in each case are set out in the association agreement.

Article 44 Entry into force (1) This Treaty shall enter into force on the ninetieth day following the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession by the State or Regional Economic Integration Organization that signed the Charter on June 16, 1995. (2) For each State or Organization of Regional Economic Integration that ratifies, accepts or approves this Treaty, or accedes thereto after the deposit of the thirtieth instrument of ratification, acceptance or approval, it shall enter into force on the ninetieth day after the date of deposit by such State or Organization of Regional Economic Integration of their ratification certificates of acceptance, approval or accession. (3) For the purposes of paragraph (1), any instrument deposited by a Regional Economic Integration Organization shall not be counted in addition to those deposited by the Member States of such Organization.

Article 45 Provisional application (1) Each signatory agrees to apply this Treaty provisionally until its entry into force for such signatory in accordance with Article 44, to the extent that such provisional application is consistent with its constitution, laws or regulations. (2)(a) Notwithstanding paragraph (1), any signatory may, at the time of signature, make a declaration to the Depositary stating that it cannot accept provisional application. The obligation contained in paragraph (1) should not apply to the signatory that has made such a declaration. Any such signatory may at any time withdraw this declaration by written notification addressed to the Depositary. (b) Neither the signatory making the declaration under subparagraph (a) nor the Investors of that signatory may claim the benefits resulting from provisional application under paragraph (1). (c) Notwithstanding subparagraph (a), any signatory making the declaration referred to in subparagraph (a) shall provisionally apply Part VII until the Treaty enters into force for such signatory in accordance with Article 44, to the extent that such provisional application is consistent with its laws or regulations. (3) (a) Any signatory Party may terminate the provisional application of this Treaty by notifying the Depositary in writing of its intention not to become a Contracting Party to the Treaty. The termination of provisional application for any signatory party shall take effect sixty days after the date of receipt by the Depositary of the written notification of such signatory party. (b) In the event that a signatory terminates provisional application in accordance with subparagraph (a), the obligation of that signatory in accordance with paragraph (1) regarding the application of Parts III and V to all Investments made in its Territory during the period of such provisional application by Investors of other signatories shall nevertheless remain in force in respect of these Investments for a period of twenty years from the effective date of termination, except as otherwise provided in subparagraph (c). (c) Subparagraph (b) should not apply to any of the signatories listed in Annex RA. The signatory party is excluded from the list of the RA Annex from the moment of transmission of its relevant request to the Depositary. (4) Prior to the entry into force of this Treaty, the signatories shall meet periodically for an interim Charter Conference, the first session of which shall be convened by the interim Secretariat referred to in paragraph (5) no later than 180 days after the date of the Treaty's opening for signature, in accordance with Article 38. (5) The functions of the Secretariat shall be performed on an interim basis by the interim Secretariat until the entry into force of this Treaty in accordance with Article 44 and until the establishment of the Secretariat. (6) The signatories, subject to the provisions of paragraph (1) or subparagraph (2)(c), whichever is applicable, shall cover the expenses of the provisional Secretariat as if these signatories were Contracting Parties in accordance with Article 37(3). Any amendments made by the signatories to Annex B shall cease to be effective from the date of entry into force of this Agreement. (7) A State or a Regional Economic Integration Organization which, prior to the entry into force of this Treaty, accedes to the Treaty in accordance with Article 41, shall, prior to the entry into force of the Treaty, have the rights and assume the obligations of the signatory party in accordance with this Article.

Article 46 Reservations No reservations may be made to this Treaty.

Article 47 Withdrawal from the Treaty (1) At any time after the expiration of five years from the date of entry into force of this Treaty for any Contracting Party, that Contracting Party may send a written notification to the Depositary of its withdrawal from the Treaty. (2) Any such withdrawal shall take effect one year after the date of receipt of the notification by the Depositary, or on such later date as may be specified in the notification of withdrawal. (3) The provisions of this Treaty shall continue to apply to Investments made in the Territory of a Contracting Party by Investors of other Contracting Parties or in the Territory of other Contracting Parties by Investors of this Contracting Party from the moment when the withdrawal of this Contracting Party from the Treaty takes effect, for a period of twenty years from that date. (4) All Protocols to which a Contracting Party is a Party shall cease to be in force for that Contracting Party from the effective date of its withdrawal from this Treaty.

Article 48 Status of annexes and decisions

The Annexes to this Treaty and the Decisions contained in Annex 2 to the Final Act of the Conference on the European Energy Charter, signed in Lisbon on December 17, 1994, are integral parts of the Treaty.

Article 49 The Depositary

The Government of the Portuguese Republic is the Depositary of this Treaty.

Article 50 Authentic texts In witness whereof, the undersigned, being duly authorized thereto, have signed this Treaty in English, French, German, French, Russian, Italian, and Spanish, of which the texts in all these languages are equally authentic, in a single original copy, which shall be deposited with the Government of the Portuguese Republic. Done at Lisbon, this seventeenth day of December, one thousand nine hundred and ninety-four.

Annex to the Energy Charter Treaty 1. Annex EM Energy materials and products (In accordance with Article 1(4))

Nuclear 26.12 Ores and concentrates, uranium or thorium energy

12.26.10 Uranium ores and concentrates. 12.26.20 Thorium ores and concentrates. 28.44 Radioactive chemical elements and isotopes (including fissile and reproducing chemical elements and isotopes), their compounds; mixtures and residues containing these products. 28.44.10 Natural uranium and its compounds. 28.44.20 Enriched uranium-235 and its compounds; plutonium and its compounds. 28.44.30 Depleted uranium-235 and its compounds; thorium and its compounds. 28.44.40 Radioactive elements, isotopes and compounds, other than those specified in subheadings 28.44.10, 28.44.20 or 28.44.30. 28.44.50. Used (spent) fuel cells (fuel rods) of nuclear reactors. 28.45.10 Heavy water (deuterium oxide). Coal, 27.01 Coal, briquettes, pellets and similar natural gas, solid fuels, petroleum and coal products, petroleum products, electric power 27.02 Lignite, brown coal, agglomerated or non-agglomerated, except jet. 27.03 Peat (including peat chips), agglomerated or non-agglomerated. 27.04 Coke and semi-coke from coal, lignite or peat, agglomerated or non-agglomerated; retort coal. 27.05 Coal gas, water gas, generator gas and similar gases, except petroleum gases and other gaseous hydrocarbons. 27.06 Coal tar, lignite, peat and other mineral tar, whether or not dehydrated, or products of partial distillation, including reconstituted. 27.07 Oils and other products of high-temperature distillation of coal tar; similar products in which the mass of aromatic components exceeds the mass of non-aromatic ones (for example, benzene, toluene, xylene, naphthalene, mixtures of other aromatic hydrocarbons, phenols, creosote oils, and others). 27.08 Pitch and coke obtained from coal tar or other mineral resins. 27.09 Crude oil and crude oil products obtained from bituminous rocks. 27.10 Oil and petroleum products obtained from bituminous rocks (excluding crude). 27.11 Petroleum gases and other reduced gaseous hydrocarbons: - natural gas - propane - butane - ethylene, propylene, butylene and butadiene (27.11.14) - other in a gaseous state: - natural gas - other 27.13 Petroleum coke, petroleum bitumen and other residues from oil refining, including those obtained from bituminous rocks. 27.14 Natural bitumen and asphalt; bituminous or oil-bearing shales and bituminous sands; asphaltites and asphalt rocks. 27.15 Bituminous mixtures based on natural asphalt, natural bitumen, petroleum bitumen, mineral resins or baking of mineral resins (for example, bituminous mastics, asphalt road surfaces). 27.16 Electric power. Other types of energy

44.01 Fuel wood in the form of sections of trunks, logs, branches, bundles of brushwood or similar types.

44.02 Charcoal (including charcoal obtained from shells or nuts), agglomerated or non-agglomerated.

2. Annex NI Energy materials and products Not applicable to the definition of "Economic activity in the energy sector" (In accordance with Article 1(5))

27.07 Oils and other products of high-temperature distillation of coal tar; similar products in which the mass of aromatic components exceeds the mass of non-aromatic ones (for example, benzene, toluene, xylene, naphthalene, mixtures of other aromatic hydrocarbons, phenols, creosote oils and others).

44.01 Fuel wood in the form of sections of trunks, logs, branches, bundles of brushwood or similar types. 44.02 Charcoal (including charcoal obtained from shells or nuts), agglomerated or non-agglomerated.

3. Annex TRM Notification and Phasing Out (STIM) (In accordance with Article 5(4)) (1) Each Contracting Party shall notify the Secretariat of all trade-related investment measures that it applies that do not comply with the provisions of Article 5 within: (a) 90 days after the entry into force of this Treaty if the Contracting Party is a Party to the GATT; or (b) 12 months after the entry into force of this Treaty, if the Contracting Party is not a Party to the GATT. Notification of such trade-related investment measures of general or specific application is made simultaneously with a description of their main features. (2) If trade-related investment measures are applied at the discretion of the authorities, notification of each such specific application is sent. Information that could harm the legitimate commercial interests of specific enterprises is not subject to disclosure. (3) Each Contracting Party shall eliminate all trade-related investment measures that are subject to notification in accordance with paragraph (1) within: (a) two years from the date of entry into force of this Treaty, if the Contracting Party is a Party to the GATT; or (b) three years from the date of entry into force of this Treaty. If the Contracting Party is not a Party to the GATT. (4) During the applicable period specified in paragraph (3), a Contracting Party shall not modify the terms of any trade-related investment measure that it notifies in accordance with paragraph (1), in comparison with the terms that existed on the date of entry into force of this Treaty, increasing the degree of inconsistency with the provisions of Article 5 of this Agreement. (5) Notwithstanding the provisions of paragraph (4), a Contracting Party, in order not to disadvantage existing enterprises to which a trade-related investment measure is applied, notified in accordance with paragraph (1), may apply the same trade-related investment measure to new Investments during the phase-out period if: (a) the products of such an Investment are similar to those of existing enterprises; and (b) such an application is necessary to avoid distorting the competitive environment between the new Investment and existing enterprises. Any trade-related investment measure applied in this way to a new Investment shall be notified to the Secretariat. The terms of such a trade-related investment measure do not differ from those applicable to existing enterprises in terms of the impact they have on competition, and they expire at the same time. (6) In the event that a State or a Regional Economic Integration Organization accedes to this Treaty after the Treaty has entered into force.: (a) the notification referred to in paragraphs (1) and (2) shall be made before the later of: the applicable date specified in paragraph (1) or the date of deposit of the instrument of accession; and (b) the end of the phase-out period is the later of: the applicable date specified in paragraph (3), or the date of entry into force of the Treaty for that State or Regional Economic Integration Organization.

4. Annex N List of Contracting Parties whose participation in transit requires at least three separate Territories (In accordance with Article 7(10)(a)) 1. Canada and the United States of America

5. Annex VC List of Contracting Parties that have voluntarily assumed obligations in relation to Article 10(3) (In accordance with Article 10 (6))

6. Annex ID is a list of Contracting Parties that prevent an investor from resubmitting the same dispute to International Arbitration at a later stage under Article 26 (In accordance with Article 26(3)(b)(i))

1. Australia 2. Azerbaijan3. Bulgaria4. Hungaria5. Greece 6. European Communities7. Ireland8. Spain 9. Italia10. Kazakhstan11. Canada12. Cyprus 13. Norway14. Poland 15. Portugal 16. Russian Federation17. Romania 18. Sloveni19. United States of America20. Croatia 21. Czech Republic22. Finland23. Sweden 24. Japan

7. Appendix IA

List of Contracting Parties that do not allow an Investor or a Contracting Party to submit a dispute concerning the last sentence of Article 10 (1) to International Arbitration (In accordance with Articles 26(3)(c) and 27(2))

1. Australia 2. Canada 3. Hungary 4. Norway

8. Annex P Special subnational dispute resolution procedure (In accordance with Article 27(3)(i)

Part I 1. Canada 2. Australia

Part II (1) In cases where, when making an award, the arbitral tribunal considers that a measure by a regional or local authority or authorities of a Contracting Party (hereinafter referred to as the "Responsible Party") does not comply with any provision of this Agreement, the Responsible Party shall take such reasonable measures as may be at its disposal to ensure compliance with the Agreement regarding this measure. (2) The responsible Party shall send to the Secretariat, no later than 30 days from the date of the decision, a written notification of its intentions to ensure compliance with this Treaty with respect to this measure. The secretariat shall submit this notification to the Charter Conference at the earliest practicable opportunity, and no later than the next session of the Charter Conference upon receipt of the notification. If it is not possible to ensure compliance immediately, the Responsible Party is given reasonable time to do so. A reasonable time is agreed upon by both sides in the dispute. If no such agreement is reached, the Responsible Party shall propose a reasonable period for approval by the Charter Conference. (3) In cases where the Responsible Party is unable to ensure, within a reasonable period, compliance with this measure, it shall, at the request of the other Contracting Party to the dispute (hereinafter referred to as the "Injured Party"), seek agreement with the Injured Party on appropriate compensation as a mutually acceptable solution to the dispute. (4) If no agreement has been reached on satisfactory compensation within 20 days from the date of the Injured Party's request, the Injured Party may, with the approval of the Charter Conference, suspend the fulfillment of such obligations to the Responsible Party under this Treaty as it considers equivalent to those it has lost by virtue of the said measure, until the Contracting Parties reach an agreement on the resolution of their dispute, or until an inappropriate measure is brought into line with this Treaty. (5) When considering which obligations to suspend, the Injured Party applies the following principles and procedures: (a) The Injured Party should first seek to suspend obligations under the same Part of this Agreement that, in the opinion of the arbitral tribunal, has been violated. (b) If the Injured Party considers that it is impossible or ineffective to suspend obligations in respect of the same Part of this Agreement, it may seek to suspend obligations contained in other parts of this Agreement. If the Injured Party decides to request permission to suspend obligations in accordance with this subparagraph, it shall set out the reasons for this in its request to the Charter Conference for such permission. (6) At the written request of the Responsible Party sent to the Injured Party and to the Chairman of the arbitral tribunal that rendered the award, the court shall determine whether and to what extent the obligations suspended by the Injured Party are excessive. If the arbitral tribunal cannot be reconvened, such a decision shall be made by one or more arbitrators appointed by the Secretary General. Decisions in accordance with this paragraph shall be made within 60 days from the date of the request to the arbitral tribunal or the appointment made by the Secretary General. Obligations should not be suspended until a decision is reached.

it is final and binding.

(7) Upon suspension of any obligations with respect to the Responsible

The Parties that have suffered Damage shall make every effort not to cause

damage to the rights of any other Contracting Party arising from

this Agreement.

9. Appendix G

Exceptions and rules governing the application of GATT provisions

and related documents

(In accordance with Article 29 (2)(a))

(1) The following provisions of GATT 1947 and Related Documents are not applicable

should be applied in the context of Article 29 (2) (a):

(a) General Agreement on Tariffs and Trade

II Lists of Concessions (and Lists to the General Agreement on Tariffs and

Trade)

IV Special conditions related to motion pictures

XV Currency events

XVIII Government assistance to economic development

XXII Consultations

XXIII Cancellation or reduction of benefits

XXV Joint actions of the Contracting Parties

XXVI Acceptance, entry into force and registration

XXVII Suspension or withdrawal of concessions

XXVIII Changing the lists

XXVIII bis Tariff negotiations

XXIX The relation of this Agreement to the Havana Charter

XXX Amendments

XXXI Withdrawal from the Agreement

XXXII The Contracting Parties

XXXIII Accession

XXXV Non-application of an Agreement between individual Contracting Parties

By the Parties

XXXVI Principles and objectives

XXXVII Obligations

XXXVIII Joint actions

Appendix H Relating to Article XXVI

Appendix I Explanatory notes and additions (related to

the above-mentioned GATT Articles)

Protective measures for development

Mutual understanding regarding notification, consultations, and authorization

disputes and observations.

(b) GATT-related Documents:

(i) Agreement on Technical Barriers to Trade (Code on

standards)

Preamble (paragraphs 1, 8, 9)

1.3 General provisions

2.6.4 Preparation, adoption and application of technical norms and standards

by central government agencies

10.6 Information on technical norms, standards and systems

certifications

11 Technical assistance to other Parties to the Agreement

12 Special and differential treatment for developing countries

countries

13 Committee on Technical Barriers to Trade

14 Consultations and dispute resolution

15 Final provisions (except 15.5 and 15.13)

Annex 2 of the Technical Expert Group

Annex 3 Ad hoc expert groups

(ii) Government Procurement Agreement

(iii) Agreement on the Interpretation and Application of Articles VI, XVI and XXIII

(Subsidies and countervailing measures)

10 Export subsidies for certain commodities

12 Consultations

13 Reconciliation, dispute resolution, and resolved responses

14 Developing countries

16 Committee on Subsidies and Countervailing Measures

17 Reconciliation

18 Dispute resolution

19.2 Acceptance and accession

19.4 Entry into force

19.5 (a) National legislation

19.6 Review by the Committee

19.7 Amendments

19.8 Withdrawal from the Agreement

19.9 Non-application of this Agreement between individual signatories

by its parties

19.11 The Secretariat

19.12 Deposit

19.13 Registration

(iv) Agreement on the application of Article VII (Customs valuation)

1.2(b)(iv) Transaction price

11.1 Determination of customs value

14 Application of applications (second sentence)

18 Authorities (Customs Assessment Committee)

19 Consultations

20 Dispute resolution

21 Special and differential treatment for developing countries

countries

22 Acceptance and accession

24 Entry into force

25.1 National legislation

26 Revision

27 Amendments

28 Withdrawal from the Agreement

29 The Secretariat

30 Deposit

31 Registration

Annex II Technical Committee on Customs Assessment

Annex III of the ad hoc Expert Group

Protocol to the Agreement on the Application of Article VII (except for 1.7 and 1.8; c

the necessary introductory text on compliance)

(v) Agreement on Import Licensing Procedures

1.4 General provisions (last sentence)

2.2 Automatic import licensing (footnote 2)

4 Bodies, consultations and dispute resolution

5 Final provisions (except paragraph 2)

(VI) Agreement on the application of Article VI (Anti-Dumping Code)

13 Developing countries

14 Committee on Anti-Dumping Practices

15 Consultations, reconciliation and dispute resolution

16 Final provisions (except paragraphs 1 and 3)

(vii) Beef Agreement

(viii) International Agreement on Dairy Products

(ix) Agreement on Trade in Civil Aircraft

(x) Declaration on Trade measures taken to ensure

balance of payments equilibrium

concerning:

(i) government assistance to economic development and treatment of developing countries, other than paragraphs (1) to (4) of the Decision of November 28, 1979 (L/4903) on the granting of differential and more preferential treatment, reciprocity and fuller participation of developing countries; (ii) the establishment or functioning of specialized committees and other (iii) signature, accession, entry into force, withdrawal, deposit and registration. (d) All agreements, arrangements, decisions, understandings or other joint measures in accordance with the provisions listed in subparagraphs (a) to (c). (2) The Contracting Parties shall apply the provisions of the "Declaration on Trade Measures Taken to Ensure Balance of Payments" to the measures taken by those Contracting Parties, which are not parties to the GATT, to the extent feasible in the context of other provisions of this Treaty. (3) With respect to notifications required under the provisions applicable by virtue of Article 29(2)(a): (a) Contracting Parties that are not Parties to the GATT or a Related Instrument shall send their notifications to the Secretariat. The Secretariat distributes copies of the notifications to all Contracting Parties. Notifications to the Secretariat shall be drawn up in one of the languages of the authentic texts of this Treaty. Only the accompanying documents may be in the language of the Contracting Party.; (b) such requirements do not apply to Contracting Parties to this Treaty that are also Parties to the GATT and Related Documents that contain their own notification requirements. (4) Trade in nuclear materials may be regulated by the agreements mentioned in the Declarations related to this paragraph, which are contained in the Final Act of the Conference on the European Energy Charter.

10. Appendix TFU Provisions concerning trade Agreements between the States that were part of the Union of Soviet Socialist Republics (In accordance with Article 29(2)(b)) (1) The Secretariat shall be notified in writing of any agreement referred to in Article 29(2)(b) by all parties or on behalf of all parties such agreement, which sign or accede to this Agreement: (a) in respect of an agreement effective three months after the date of, when the first of such parties signs the Treaty or deposits its act of accession to it, no later than six months after such date of signature or deposit.; and (b) in the case of an agreement that enters into force after the date referred to in subparagraph (a), well in advance of its entry into force, so that other States or Regional Economic Integration Organizations that have signed or acceded to the Treaty (hereinafter referred to as "Interested Parties") have a reasonable opportunity to review the agreement and to make representations regarding this agreement to its parties and the Charter Conference before its entry into force. (2) The notification shall include: (a) copies of the original texts of the agreement in all the languages in which it was signed; (b) a description, by reference to the items included in Annex EM, of the specific Energy Materials and Products to which it applies; (c) an explanation, separately for each relevant provision of the GATT and Related Documents applicable by virtue of Article 29(2)(a), circumstances that make it impossible or impracticable for the parties to the agreement to fully comply with this provision; (d) the specific measures to be taken by each party to the agreement in relation to the circumstances referred to in subparagraph (c); and (e) a description of the parties' programs to achieve a gradual reduction and eventual elimination of the nonconforming provisions of the agreement. (3) The Parties to an agreement notified in accordance with paragraph (1) shall provide the Interested Parties with a reasonable opportunity to consult with them regarding such agreement and consider their submissions. At the request of any of the Interested Parties, the agreement is reviewed by the Charter Conference, which may adopt recommendations on it. (4) The Charter Conference shall periodically review the implementation of the agreements notified in accordance with paragraph (1) and the progress made towards repealing those provisions that do not comply with the provisions of GATT and Related Instruments applicable by virtue of Article 29(2)(a). At the request of any of the Interested Parties, the Charter Conference may adopt recommendations for such an agreement. (5) If absolutely necessary, the entry into force of the agreement referred to in Article 29(2)(b) may be authorized without the notification and consultation provided for in subparagraph (1)(b), paragraphs (2) and (3), provided that such notification is made without delay, and The opportunity for such consultation is provided immediately. In this case, the parties to the agreement, nevertheless, notify of its text in accordance with subparagraph (2) (a) immediately after its entry into force. (6) The Contracting Parties that are or become Parties to the agreement referred to in Article 29(2)(b) undertake to limit its inconsistencies with the provisions of GATT and Related Documents applicable by virtue of Article 29(2)(a) to those that are necessary in specific circumstances, as well as to implement such an agreement, minimally deviating from these provisions. They shall make every effort to take corrective action in the light of submissions from Stakeholders and any recommendations from the Charter Conference.

11. Annex D Provisional Provisions for the Settlement of Trade Disputes (In accordance with Article 29(7)) (1)(a) In their relations with each other, the Contracting Parties shall make every effort, through cooperation and consultation, to resolve to mutual satisfaction any disputes concerning existing measures that could significantly affect based on compliance with the provisions applicable to trade under Article 5 or Article 29.

(b) A Contracting Party may send a written request to any other Contracting Party for consultations on any existing measure of the other Contracting Party that could, in its opinion, significantly affect compliance with the provisions applicable to trade under Article 5 or Article 29. The Contracting Party requesting consultations shall provide as complete information as possible about the measure that is the subject of the complaint and indicate those provisions of Article 5 or Article 29, as well as GATT and Related Documents that, in its opinion, are relevant to the case. Requests for consultations under this paragraph are notified to the Secretariat, which periodically informs the Contracting Parties about upcoming consultations that have been notified.

(c) A Contracting Party shall apply to all confidential or non-disclosable commercial information designated as such, which is contained in a written request or is provided in response to it or during consultations, the same treatment as is applied to it by the Contracting Party that provided this information.

(d) In an effort to resolve issues that, in the opinion of a Contracting Party, affect compliance with the provisions applicable to trade under Article 5 or Article 29 in relations between it and the other Contracting Party, the Contracting Parties participating in consultations or other dispute resolution procedures shall make every effort to avoid a decision that would adversely affect the trade of any other Contracting Party.

(2) (a) If, within 60 days of receiving the request for consultations referred to in subparagraph (1)(b), the Contracting Parties have not resolved their dispute or have not agreed to resolve it through conciliation, mediation, arbitration or any other method, either of the two Contracting Parties may contact the Secretariat. with a written request for the formation of a commission of experts in accordance with sub-paragraphs (b)-(f). In its request, the Contracting Party sets out the substance of the dispute and indicates which provisions of Article 5 or Article 29, as well as GATT and Related Documents, in its opinion, relate to it. The Secretariat shall immediately transmit copies of the request to all Contracting Parties. (b) When resolving a dispute, the interests of the other Contracting Parties are taken into account. Any other Contracting Party with a significant interest in the case has the right to be heard by the commission of experts and to submit written submissions to it, provided that both the Contracting Parties involved in the dispute and the Secretariat have received written notification of its interest no later than the date of the formation of the commission of experts, as determined in accordance with subparagraph (c). (c) The Commission of Experts shall be deemed to have been established 45 days after the receipt by the Secretariat of a written request from a Contracting Party pursuant to subparagraph (a).

(d) The Commission of Experts shall consist of three members, who shall be selected by the Secretary-General from the list referred to in paragraph (7). Unless the Contracting Parties to the dispute agree otherwise, the members of the commission shall not be nationals of the Contracting Parties who are either parties to the dispute or have notified their interest. in accordance with subparagraph (b), or by nationals of member States of a Regional Economic Integration Organization who are either parties to the dispute or have notified their interest in accordance with subparagraph (b).

(e) The Contracting Parties to the dispute shall, within ten working days, communicate their views on the appointments of the members of the expert commission and shall not prevent the appointments except for compelling reasons. (f) The members of the commission of experts serve in their personal capacity and should neither seek nor receive instructions from any Government or other body. Each Contracting Party undertakes to respect these principles and not to seek to influence the members of the commission of experts in the performance of their dutieThe Contracting Parties to the dispute shall, within ten working days, communicate their views on the appointments of the members of the expert commission and shall not prevent the appointments except for compelling reasons. (f) The members of the commission of experts serve in their personal capacity and should neither seek nor receive instructions from any Government or other body. Each Contracting Party undertakes to respect these principles and not to seek to influence the members of the commission of experts in the performance of their duties. The members of the expert committee are selected in such a way that their independence is ensured and sufficient diversity of different schools and experiences is reflected in the commission. (g) The Secretariat shall immediately notify all Contracting Parties of the formation of the commission of experts.

(3) (a) The Charter Conference shall adopt rules of procedure for the work of the commission of experts in ac(3) (a) The Charter Conference shall adopt rules of procedure for the work of the commission of experts in accordance with this Annex. The rules of procedure correspond as fully as possible to the rules of procedure of the GATT and Related Documents. The Commission of Experts also has the right to adopt additional rules of procedure that do not contradict the rules of procedure adopted by the Charter Conference or this Annex. When considering a case before the commission of experts, each Contracting Party to the dispute and any other Contracting Party that has notified its interest in accordance with subparagraph (2) (b) shall have the right to at least one hearing before the commission and to submit a written statement. The Contracting Parties involved in the dispute also have the right to submit written counterarguments. The Commission of Experts may favourably consider a request from any other Contracting Party that has notified its interest in accordance with subparagraph (2) (b) for access to any written submission to the Commission, with the consent of the Contracting Party that made the submission.

The proceedings before the Commission are confidential. The Commission objectively examines the issues submitted for its consideration, including the circumstances of the dispute and the The proceedings before the Commission are confidential. The Commission objectively examines the issues submitted for its cn, including the circumstances of the dispute and the compliance of the measures with the provisions applicable to trade under Article 5 or Article 29. In carrying out its duties, the Commission consults with the Contracting Parties involved in the dispute and provides them with an appropriate opportunity to reach a mutually acceptable solution. Unless the Contracting Parties to the dispute agree otherwise, the commission shall base its decision on the arguments and submissions of the Contracting Parties to the dispute. The Commissions of Experts are guided by the interpretations given by the GATT and Related GATT Documents and should not question the compatibility with Article 5 or Article 29 of the practice applied by a Contracting Party to the GATT inThe Commissions of Experts are guided by the interpretations given by the GATT and Related GATT Documents and should not question the compatibility with Article 5 or Article 29 of the practice applied by a Contracting Party to the GATT in relation to other GATT Parties to which it applies the GATT and which was not the subject of a dispute referred to by these other parties for resolution in accordance with GATT.

Unless the Contracting Parties to the dispute agree otherwise, all procedures used by the commission, including the issuance of its final report, must be completed within 180 days from the date of the commission's formation; however, the incompleteness of all procedures during this period does not affect the validity of the final report.

(b) The Commission determines its own jurisdiction; (b) The Commission determines its own jurisdiction; such decision is final and binding. Any objection by a Contracting Party to the dispute, which considers that a particular dispute does not fall within the competence of the commission, is considered by the commission, which decides whether to consider such an objection as a preliminary issue or to attach it to the circumstances of the dispute.

(c) In the case of two or more requests for the formation of a commission of experts on disputes that are essentially similar, the Secretary-General may, with the consent of all the Contracting Parties to the dispute, appoint a single commission.

(4) (a) Having considered the counter-arguments, the commission of experts submits for consideration by the Contracting Parties to the dispute the descriptive sections of its draft written report, including a statement of fac (4) (a) Having considered the counter-arguments, the commission of experts submits for consideration by the Contracting Parties to the dispute the descriptive sections of its draft written report, including a statement of facts and a summary of the arguments put forward by the Contracting Parties to the dispute. The Contracting Parties to the dispute are given the opportunity to submit written comments on the descriptive sections within the time limit set by the commission.

After the date set for the submisAfter the date set for the submission of comments by the Contracting Parties, the commission of experts submits for consideration by the Contracting Parties to the dispute a preliminary written report, including both descriptive sections and proposed conclusions and decisions of the commission. Within the time limit set by the commission, the Contracting Party to the dispute may request the Commission in writing to review certain aspects of the preliminary report by the commission before the final report is issued. Prior to the release of the final report, the commission may, at its discretion, meet with the Parties to the dispute to consider the issues raised in such a request.

The final report contains descriptive sections (including a statement of facts and a summary of arguments put forward by the Contracting Parties involved in the dispute), the conclusions and conclusions of the commission, as well as a discussion of arguments put forward on specific aspects of the preliminary report at the stage of its final report contains descriptive sections (including a statement of facts and a summary of arguments put forward by the Contracting Parties involved in the dispute), the conclusions and conclusions of the commission, as well as a discussion of arguments put forward on specific aspects of the preliminary report at the stage of its revision. The final re

After the date set for the submission of comments by the Contracting Parties, the commission of experts submits for consideration by the Contracting Parties to the dispute a preliminary written report, including both descriptive sections and proposed conclusions and decisions of the commission. Within the time limit set by the commission, the Contracting Party to the dispute may request the Commission in writing to review certain aspects of the preliminary report by the commission before the final report is issued. Prior to the release of the final report, the commission may, at its discretion, meet with the Parties to the dispute to consider the issues raised in such a request.

The final report contains descriptive sections (including a statement of facts and a summary of arguments put forward by the Contracting Parties involved in the dispute), the conclusions and conclusions of the commission, as well as a discussion of arguments put forward on specific aspects of the preliminary report at the stage of its revision. The final report examines each significant issue raised by the commission and necessary to resolve the dispute, and justifies the decisions taken by the commission.

The Commission issues its final report and submits it immediately to the Secretariat and the Contracting Parties to the dispute. The Secretariat shall, as soon as practicable, distribute to all Contracting Parties the final report, together with all written opinions, which, at the request of any Contracting Party involved in the dispute, are attached to it.

(b) If the Commission concludes that a measure introduced or retained by a Contracting Party does not comply with the provisions of Article 5 or Article 29, or with the provisions of GATT or a related Instrument applicable by virtue of Article 29, the Commission may recommend in its final report that, in order to comply with this provision, the Contracting Party amend or abandon from this measure or behavior. (c) The reports of the commission of Experts are adopted by the Charter Conference. In order to allow the Charter Conference sufficient time to consider the Commission's reports, the report should not be accepted by the Charter Conference for at least 30 days after it has been sent by the Secretariat to all Contracting Parties. Contracting Parties that have objections to the Commission's report shall send their objections in writing to the Secretariat no later than 10 days before the date of consideration of the report by the Charter Conference with a view to its adoption, and the Secretariat shall immediately forward them to all Contracting Parties. The Contracting Parties to the dispute and the Contracting Parties that have notified their interest in accordance with subparagraph (2) (b) have the right to participate fully in the consideration of the Commission's report on the dispute by the Charter Conference, and their opinions are fully recorded in the minutes. (d) Successful dispute resolution in the interests of all Contracting Parties requires prompt implementation of the decisions and recommendations contained in the final report of the Commission adopted by the Charter Conference. The Contracting Party in respect of which the decision or recommendation contained in the final report of the Commission adopted by the Charter Conference has been made shall inform the Charter Conference of its intentions regarding the implementation of such decision or recommendation. In the event that their immediate implementation is not possible, the Contracting Party concerned shall explain to the Charter Conference the reasons for its non-compliance, and in the light of such clarification, it shall be given a reasonable time to implement them. The purpose of dispute resolution is to modify or eliminate inappropriate measures. (5)(a) If a Contracting Party does not comply within a reasonable period of time with a decision or recommendation contained in the final report of the commission of experts adopted by the Charter Conference, the Contracting Party involved in the dispute and which has suffered damage as a result of such non-compliance may submit a written request to the non-complying Contracting Party that the non-complying The Contracting Party has entered into negotiations to agree on a mutually acceptable compensation. In the event of receiving such a request, the non-executing Contracting Party shall immediately enter into such negotiations.

(b) If the non-executing Contracting Party refuses to negotiate or if the Contracting Parties do not reach an agreement within 30 days after the request for negotiations is served, the injured Contracting Party may request in writing to the Charter Conference for permission to suspend the fulfillment of its obligations to the non-executing Contracting Party in accordance with Article 5 or Article 29.

(c) The Charter Conference may authorize the injured Contracting Party to suspend the performance of such of its obligations to the non-executing Contracting Party in accordance with the provisions of Article 5 or Article 29 or in accordance with the provisions of GATT or Related Instruments applicable in accordance with Article 29, which the injured Contracting Party considers equivalent in given the circumstances.

(d) The suspension of obligations is temporary and applies only until the cancellation of a measure found to be contrary to Article 5 or Article 29, or until a mutually acceptable solution is reached.

(6)(a) Prior to the suspension of such obligations, the injured Contracting Party shall inform the non-executing Contracting Party of the nature and extent of the suspension it intends. If a non-executing Contracting Party submits to the Secretary-General a written objection to the scope of the suspended obligations proposed by the injured Contracting Party, such objection shall be submitted to arbitration as provided below. The proposed suspension of performance of obligations shall be postponed until the conclusion of the arbitration and until the decision of the arbitration commission becomes final and binding in accordance with subparagraph (e). (b) The Secretary-General shall establish an arbitration commission in accordance with subparagraphs (2) (d) to (f), which, if possible, is the same A commission of experts that has adopted the decision or recommendation referred to in subparagraph (4) (d) for the purpose of reviewing the scope of obligations proposed for suspension by the injured Contracting Party. Unless the Charter Conference decides otherwise, the rules of procedure of the commission of experts shall be adopted in accordance with subparagraph (3) (a).

(c) The Arbitration Commission shall determine whether and to what extent the obligations proposed for suspension by the injured Contracting Party are excessive in comparison with the damage suffered by it. It does not consider the nature of the suspended obligations, except in cases where it is inseparable from determining the scope of the suspended obligations. (d) The Arbitration Commission shall send its written determination of the injured party and the non-executing Party to the Contracting Parties and the Secretariat within 60 days of the formation of the commission or within such other period as may be agreed between the injured Party and the non-executing Party. The secretariat shall submit this definition to the Charter Conference as soon as practicable, but no later than at the session of the Charter Conference following receipt of the definition.

(e) The ruling of the arbitration commission becomes final and binding 30 days after the date of its submission to the Charter Conference, and any amount of suspended benefits authorized by it may thereafter be applied by the injured Contracting Party in a manner that is, in the opinion of that Contracting Party, equivalent in the circumstances, unless before the expiration of the 30-day period. Unless otherwise decided by the Charter Conference.

(f) By suspending the fulfillment of any obligations with respect to a Contracting Party that does not comply with the decision, the injured Contracting Party shall do everything possible to avoid prejudice to the trade of any other Contracting Party.

(7) Each Contracting Party may appoint two natural persons, who, in the case of Contracting Parties that are also Parties to the GATT, are the members of the commission of experts currently appointed to the GATT Commission of Experts on Dispute resolution, if they are willing and able to perform the duties of members of the commission of experts in accordance with this Annex. The Secretary-General may also appoint, with the approval of the Charter Conference, no more than ten persons who are willing and able to serve as members of the dispute resolution commission in accordance with paragraphs (2) to (4). In addition, the Charter Conference may decide to appoint up to 20 persons included in the lists of other international dispute resolution bodies who are willing and able to serve as members of the commission for the same purpose. The names of all persons appointed in this way form a list of persons involved in dispute resolution. Such persons are appointed solely on the basis of their objectivity, honesty and sound judgment, and they should have the broadest knowledge and experience in the field of international trade and energy issues, especially with regard to the provisions applicable by virtue of Article 29. In carrying out any duties in accordance with this Annex, such designated persons should not have links with or receive instructions from any Contracting Party. These persons are appointed for a renewable term of five years and perform their duties until their successors are appointed. The appointed person, whose term of office expires, continues to perform any duties for which this person was elected in accordance with this Annex. In the event of the death, resignation or incapacity of the designated person, the Contracting Party or the Secretary-General, depending on who appointed the person concerned, shall have the right to appoint another person for the remainder of the term of office of the designated person, and the appointment by the Secretary-General shall be subject to approval by the Charter Conference.

(8) Regardless of the provisions contained in this Annex, throughout the dispute resolution procedure, the Contracting Parties are encouraged to consult with a view to resolving their dispute.

(9) The Charter Conference may appoint or designate other bodies or forums to perform any functions assigned in this Annex to the Secretariat and the Secretary-General.

12. Annex B Charter cost-sharing formula (In accordance with Article 37(3)) (1) Contributions paid by Contracting Parties are determined annually by the Secretariat on the basis of their contributions in percentages set out in the most recent available Scale of Mandatory Contributions to the regular budget of the United Nations (supplemented by information on hypothetical contributions from all Contracting Parties non-UN member states).

(2) If necessary, contributions are adjusted so that the contributions of all Contracting Parties amount to 100%.

13. The RA Application

The list of signatories of the agreement that do not accept

the obligation contained in Article 45 (3) (b) concerning

temporary application of the Agreement

(In accordance with Article 45 (3) (c))

1. Czech Republic 2. Germany 3. Hungary 4. Lithuania 5. Poland

14. Annex T Transitional measures of the Contracting Parties (In accordance with Article 32(1))

List of Contracting Parties eligible for transitional measures: Azerbaijan, Poland, Albania, Russian Federation, Armenia, Romania

Belarus Slovakia

Bulgaria Slovenia

Hungary Tajikistan

Georgia Turkmenistan

Kazakhstan Uzbekistan Kyrgyzstan Ukraine Latvia Croatia Lithuania Czech Republic Moldova Estonia

List of provisions subject to transitional measures

The position of the Page Regulation Page Article 6(2) 47 Article 10(7) 84 Article 6(5) 61 Article 14(1)(d) 86 Article 7(4) 73 Article 20(3) 89 Article 9(1) 78 Article 22(3) 99

"Article 6(2)

Each Contracting Party shall ensure, within its jurisdiction, the adoption and enforcement of such laws as are necessary and appropriate to address the problems of unilateral and cooperative anti-competitive behavior in Economic Activities in the Energy Sector."

Country: Albania Sector All sectors of energy. The Management Level Is National.

Description

Albania does not have a law on protection of competition. Law No. 7746 of July 28, 1993 on hydrocarbons and Law No. 7796 of February 17, 1994 on mineral resources do not include such provisions. The Law on the Electric Power industry is under development. It is planned to submit this law to Parliament before the end of 1996. Albania intends to include provisions on anti-competitive behavior in these laws.

Gradual abolition on January 1, 1998.

Country: Armenia

SectorAll energy sectors.The management level is national.

Description

Currently, there is a state monopoly in most areas of energy in Armenia. There is no law on the protection of competition, so the competition rules are not yet being implemented. There are no laws on energy. It is planned to submit draft laws on energy to Parliament in 1994. The laws provide for the inclusion of provisions on anti-competitive behavior, harmonized with EU competition law.

Phased out on December 31, 1997.

Country: Azerbaijan

SectorAll energy sectors.The management level is national.

Description

Antimonopoly legislation is under development.

Gradual abolition on January 1, 2000.

Country: Belarus

Sector

All sectors of the energy sector.

Management Level

National.

Description

Antimonopoly legislation is under development.

Gradual abolition on January 1, 2000.

Country: Georgia

Sector

All sectors of the energy sector.

Management Level

National.

Description

Laws on demonopolization in Georgia are currently under development, and therefore the state currently has a monopoly on almost all energy sources and energy resources, which limits the possibility of competition in the fuel and energy complex.

Gradual abolition on January 1, 1999.

Country: Kazakhstan

SectorAll energy sectors.The management level is national.

Description

The Law "On the Development of Competition and Restriction of Monopolistic Activity" (No. 656 of June 11, 1991) was adopted, but it is of a general nature. Legislation needs to be further developed, in particular through the adoption of appropriate amendments or the adoption of a new law.

Gradual abolition on January 1, 1998.

A country: Kyrgyzstan

Sector

All sectors of the energy sector.

Management Level

National.

Description

The law "On Antimonopoly Policy" has already been adopted. A transition period will be required to adapt the provisions of this law to the energy sector, in which activities are still strictly regulated by the state.

Gradual cancellation

July 1, 2001.

Country: Moldova

Sector

All sectors of the energy sector.

Management Level

National.

Description

The Law of the Republic of Moldova "On the restriction of monopolistic activity and the development of competition" dated January 29, 1992 provides the organizational and legal basis for the development of competition, measures to prevent, limit and restrict monopoly activities; it is focused on compliance with the conditions of the market economy. However, this Law does not provide for specific measures of anti-competitive behavior in the energy sector, nor does it fully cover the requirements of Article 6.

In 1995, the Parliament will be offered drafts of the Law "On Competition" and the State Program for the demonopolization of the economy. Also in 1995, a draft law "On Energy" will be proposed to the Parliament, which will reflect the issues of demonopolization of the energy sector and the development of competition in it.

Gradual cancellation

January 1, 1998.

Country: Romania

Sector

All sectors of the energy sector.

Management Level

National.

Description

Competition rules are not yet implemented in Romania. The draft Law on Protection of Competition has been submitted to Parliament and it is planned to be adopted during 1994.

This draft contains provisions on anti-competitive behavior consistent with EU competition law.

Gradual cancellation

December 31, 1996.

Country: Russian Federation

Sector

All sectors of the energy sector.

Management Level

The Federation.

Description

The Russian Federation has established a comprehensive framework for antimonopoly legislation, but other legal and regulatory frameworks will need to be developed.

organizational measures to prevent, restrict or suppress monopolistic activities and unfair competition, in particular

features in the energy sector.

Gradual cancellation

July 1, 2001.

Country: Slovenia

Sector

All sectors of the energy sector.

Management Level

National.

Description

The Law on Protection of Competition, adopted in 1993 and published in the Official Journal No. 18/93, considers anticompetitive behavior in

generally. The current law also provides for the creation of competition authorities. Currently, the main competition authority

He is the Bureau of Competition Protection in the Ministry of Economic Relations and Development. Given the importance of the energy sector, a separate law is envisaged in this regard, and thus more time is needed for full compliance.

Gradual cancellation

January 1, 1998.

A country: Tadjikistan

Sector

All sectors of the energy sector.

Management Level

National.

Description

A country: Kyrgyzstan

Sector

All sectors of the energy sector.

Management Level

National.

Description

Gradual cancellation

July 1, 2001.

Country: Moldova

Sector

All sectors of the energy sector.

Management Level

National.

Description

Gradual cancellation

January 1, 1998.

Country: Romania

Sector

All sectors of the energy sector.

Management Level

National.

Description

Competition rules are not yet implemented in Romania. The draft Law on Protection of Competition has been submitted to Parliament and it is planned to be adopted during 1994.

This draft contains provisions on anti-competitive behavior consistent with EU competition law.

Gradual cancellation

December 31, 1996.

Country: Russian Federation

Sector

All sectors of the energy sector.

Management Level

The Federation.

Description

The Russian Federation has established a comprehensive framework for antimonopoly legislation, but other legal and regulatory frameworks will need to be developed.

organizational measures to prevent, restrict or suppress monopolistic activities and unfair competition, in particular

features in the energy sector.

Gradual cancellation

July 1, 2001.

Country: Slovenia

Sector

All sectors of the energy sector.

Management Level

National.

Description

The Law on Protection of Competition, adopted in 1993 and published in the Official Journal No. 18/93, considers anticompetitive behavior in

generally. The current law also provides for the creation of competition authorities. Currently, the main competition authority

Gradual cancellation

January 1, 1998.

A country: Tadjikistan

Sector

All sectors of the energy sector.

Management Level

National.

Description

In 1993, the Republic of Tajikistan adopted the law on demonopolization and competition. However, due to Tajikistan's difficult economic situation, the law was temporarily suspended.

Gradual cancellation

December 31, 1997.

Country: Turkmenistan

Sector

All sectors of the energy sector.

Management Level

National.

Description

By Decree of the President of Turkmenistan No. 1532 dated October 21, 1993, the Committee for the Restriction of Monopolistic Activity was established and operates, whose functions include protection from monopolistic practices of business entities and management bodies, assistance in the formation of market relations based on the development of competition and

entrepreneurship.

Further improvement and development of legislative and regulatory acts regulating the antimonopoly behavior of enterprises in economic activities in the energy sector is required.

Gradual cancellation

July 1, 2001.

Country: Uzbekistan

Sector

All sectors of the energy sector.

Management Level

National.

Description

The Law of the Republic of Uzbekistan "On Restriction of monopolistic activity" has been adopted and has been in force in the Republic of Uzbekistan since July 1992.

However, the law (as specified in Article 1, paragraph 3) does not apply to relations related to the activities of energy industry enterprises.

Gradual cancellation

July 1, 2001.

"Article 6(5)

If a Contracting Party considers that a particular anti-competitive conduct taking place in the Territory of another Contracting Party affects important interests related to the objectives set out in this Article, that Contracting Party may notify the other Contracting Party and may request that its competition authorities take appropriate action to ensure compliance.. The notifying Contracting Party shall include in such notification sufficient information to enable the notified Contracting Party to identify the anti-competitive conduct referred to in the notification and to offer such further information and cooperation as the notifying Contracting Party is able to provide. The notified Contracting Party or, as appropriate, the relevant competition authorities may consult with the competition authorities of the notifying Contracting Party and take full account of the request of the notifying Contracting Party when deciding whether to take enforcement actions with respect to the alleged anti-competitive behavior reported in the notification. The notified Contracting Party shall inform the notifying Contracting Party of its decision or the decision of the relevant competition authorities and may, if it so wishes, inform the notifying Contracting Party of the grounds for the decision. If enforcement actions are being taken, the notified Contracting Party shall inform the notifying Contracting Party of their results and, to the extent possible, of any significant preliminary results."

Country: Albania

SectorAll energy sectors.The management level is national.

Description

In Albania, there are no bodies for the enforcement of competition rules. Such bodies will be provided for in the Law on protection of competition, which is scheduled to be completed in 1996.

Gradual abolition on January 1, 1999.

Country: Armenia

SectorAll energy sectors.The management level is national.

Description

Institutions for the enforcement of the provisions of this paragraph have not yet been established in Armenia. It is planned to include provisions on the creation of such institutions in the laws on protection of competition and on energy.

Phased out on December 31, 1997.

Country: Azerbaijan

SectorAll energy sectors.

Management Level

National.

Description

State structures carrying out antimonopoly activities will be established after the adoption of the antimonopoly legislation. |

legislation.

Gradual cancellation

January 1, 2000.

Country: Belarus

Sector

All sectors of the energy sector.

Management Level

National.

Description

State antimonopoly authorities will be established after the adoption of antimonopoly legislation.

Gradual cancellation

January 1, 2000.

Country: Georgia

Sector

All sectors of the energy sector.

Management level

National.

Description

Laws on demonopolization in Georgia are currently under development, and therefore competition authorities have not yet been established.

Gradual abolition on January 1, 1999.

Country: Kazakhstan

SectorAll energy sectors.

Management Level

National.

Description

An Antimonopoly Committee has been established in Kazakhstan. However, its activities need both legislative and organizational improvements in order to develop an effective mechanism for reviewing claims of anti-competitive behavior.

Gradual cancellation

January 1, 1998.

A country: Kyrgyzstan

Sector

All sectors of the energy sector.

Management Level

National.

Description

There is no mechanism in Kyrgyzstan that controls anti-competitive manifestations and the regulatory and legislative framework. Necessary

creation of appropriate antimonopoly authorities.

Gradual cancellation

July 1, 2001.

Country: Moldova

Sector

All sectors of the energy sector.

Management Level

National.

Description

In the Republic of Moldova, the Ministry of Economy is the body overseeing the implementation of the provisions of competitive conduct. Entered

Relevant amendments to the Law of the Republic of Moldova "On Administrative Offences", which provide for certain administrative penalties for non-compliance and non-compliance by monopolists with competition rules.

The draft law "On Competition" that is being developed will reflect the provisions of the enforcement of competition rules.

Gradual abolition on January 1, 1998.

Country: Romania

Sector

All sectors of the energy sector.

Management Level

National.

Description

Institutions for the enforcement of the provisions of this paragraph have not yet been established in Romania.

The draft Law on Protection of Competition, which is planned to be adopted during 1994, provides for institutions whose task is to ensure the enforcement of competition rules.

The draft also provides for a nine-month period for enforcement, starting from the date of its publication.

According to the Association Agreement between Romania and the European Communities, Romania was given a five-year period for

compliance with the rules of competition.

Gradual cancellation

Country: Albania

SectorAll energy sectors.The management level is national.

Description

In Albania, there are no bodies for the enforcement of competition rules. Such bodies will be provided for in the Law on protection of competition, which is scheduled to be completed in 1996.

Gradual abolition on January 1, 1999.

Country: Armenia

SectorAll energy sectors.The management level is national.

Description

Phased out on December 31, 1997.

Country: Azerbaijan

SectorAll energy sectors.

Management Level

National.

Description

State structures carrying out antimonopoly activities will be established after the adoption of the antimonopoly legislation. |

legislation.

Gradual cancellation

January 1, 2000.

Country: Belarus

Sector

All sectors of the energy sector.

Management Level

National.

Description

State antimonopoly authorities will be established after the adoption of antimonopoly legislation.

Gradual cancellation

January 1, 2000.

Country: Georgia

Sector

All sectors of the energy sector.

Management level

National.

Description

Laws on demonopolization in Georgia are currently under development, and therefore competition authorities have not yet been established.

Gradual abolition on January 1, 1999.

Country: Kazakhstan

SectorAll energy sectors.

Management Level

National.

Description

Gradual cancellation

January 1, 1998.

A country: Kyrgyzstan

Sector

All sectors of the energy sector.

Management Level

National.

Description

There is no mechanism in Kyrgyzstan that controls anti-competitive manifestations and the regulatory and legislative framework. Necessary

creation of appropriate antimonopoly authorities.

Gradual cancellation

July 1, 2001.

Country: Moldova

Sector

All sectors of the energy sector.

Management Level

National.

Description

In the Republic of Moldova, the Ministry of Economy is the body overseeing the implementation of the provisions of competitive conduct. Entered

The draft law "On Competition" that is being developed will reflect the provisions of the enforcement of competition rules.

Gradual abolition on January 1, 1998.

Country: Romania

Sector

All sectors of the energy sector.

Management Level

National.

Description

Institutions for the enforcement of the provisions of this paragraph have not yet been established in Romania.

The draft Law on Protection of Competition, which is planned to be adopted during 1994, provides for institutions whose task is to ensure the enforcement of competition rules.

The draft also provides for a nine-month period for enforcement, starting from the date of its publication.

According to the Association Agreement between Romania and the European Communities, Romania was given a five-year period for

compliance with the rules of competition.

Gradual cancellation

January 1, 1998.

A country: Tadjikistan

Sector

All sectors of the energy sector.

The Management level is National.

Description

The Republic of Tajikistan has adopted laws on demonopolization and competition, but institutions to enforce competition rules

they are under development.

Gradual cancellation

December 31, 1997.

Country: Uzbekistan

Sector

All sectors of the energy sector.

Management Level

National.

Description

The Law of the Republic of Uzbekistan "On Restriction of monopolistic activity" has been adopted and has been in force in the Republic of Uzbekistan since July 1992.

However, this law (as stated in Article 1, paragraph 3) does not apply to relations related to the activities of enterprises.

the energy industry.

Gradual cancellation

July 1, 2001.

"Article 7(4)

If the Transit of Energy Materials and Products cannot be carried out on commercial terms using Facilities for

The Contracting Parties should not prevent the creation of new capacities, except in cases where the applicable legislation compatible with paragraph (1) may provide for

different."

Country: Azerbaijan

Sector

All sectors of the energy sector.

Management Level

National.

Description

It is necessary to adopt a set of energy laws, including licensing procedures governing transit issues. During the time

During the transition period, it is planned to build and modernize power transmission lines, as well as generating capacities in order to bring them

technical level up to global requirements and adaptation to market economy conditions.

Gradual cancellation

December 31, 1999.

Country: Belarus

Sector

All sectors of the energy sector.

Management Level

National.

Description

Laws on energy, land, and others are currently being developed, and there remains uncertainty about their final approval.

part of the conditions for the creation of new transport facilities for the movement of energy resources on the territory of the republic.

Gradual cancellation

December 31, 1998.

Country: Bulgaria

Sector

All sectors of the energy sector.

Management Level

National.

Description

Bulgaria has no laws regulating the Transit of Energy Materials and Products. There is a structural change in the energy sector.

restructuring, including the development of institutional frameworks, legislation and regulations.

Gradual cancellation

A transition period of 7 years is necessary to bring legislation related to the Transit of Energy Materials and Products into full compliance.

compliance with the present regulations.

July 1, 2001.

Country: Georgia

Sector

All sectors of the energy sector.

Management Level

National.

Description

It is necessary to develop a package of laws on this issue. The Republic of Georgia currently has significantly different conditions for

transportation and transit of various energy sources (electricity, natural gas, petroleum products, coal).

Gradual cancellation

January 1, 1999.

Country: Hungary

Sector

Electric power industry.

Management Level

National.

Description

According to current legislation, the construction and operation of high-voltage power transmission lines is a state monopoly. The development of new legal and regulatory frameworks for the construction, operation and ownership of high-voltage power transmission lines is in preparation.

The Ministry of Industry and Trade has already initiated the development of a new law on electricity, which will also have an impact on

The Civil Code and the Law on Concessions. The implementation of the provisions can be achieved after the entry into force of the new law on electricity and

related regulatory decisions.

Gradual cancellation

December 31, 1996.

Country: Poland

Sector

All sectors of the energy sector.

Management Level

National.

Description

The Polish Energy Law, which is in the final stage of coordination, provides for the creation of new legislative norms.,

similar to those used in countries with market economies (licenses for production, transmission, distribution and trade

energy carriers). Prior to its adoption by Parliament, a temporary suspension of the fulfillment of obligations under this paragraph is required.

Gradual cancellation

December 31, 1995.

"Article 9(1)

The Contracting Parties recognize the important role of open capital markets in encouraging capital inflows to finance trade in Energy Materials and Products, as well as making and facilitating Investments in Economic Activities in the Energy Sector in the Territories of other Contracting Parties, especially those whose economies are in transition. Each Contracting Party, accordingly, strives to create conditions for companies and citizens of other Contracting Parties to access its capital market in order to finance trade in Energy Materials and Products and to Invest in Economic Activities in the Energy Sector in the Territory of these other Contracting Parties on the basis of at least

more favorable than the one it provides in such cases.

under certain circumstances, to their own companies and citizens, or to companies and citizens of any other Contracting Party or any third State, whichever is most favorable."

Country: Azerbaijan

Sector

All sectors of the energy sector.

Management Level

National.

Description

The relevant legislation is under development.

Gradual abolition on January 1, 2000.

Country: Belarus

Sector

All sectors of the energy sector.

Management Level

National.

Description

The relevant legislation is under development.

Gradual abolition on January 1, 2000.

Country: Georgia

Sector

All sectors of the energy sector.

Management Level

National.

Description

The relevant legislation is under development.

Gradual abolition on January 1, 1997.

Country: Kazakhstan

Sector

All sectors of the energy sector.

Management Level

National.

Description

A law on foreign investment is currently being drafted.

Gradual abolition on January 1, 1997.

Country: Kazakhstan

Sector

All sectors of the energy sector.

Management Level

National.

Description

A law on foreign investment is currently being drafted.

investments, which should be adopted at the autumn session of the Parliament in

in 1994.

Gradual cancellation

July 1, 2001.

A country: Kyrgyzstan

Sector

All sectors of the energy sector.

Management Level

National.

Description

Currently, the development of an appropriate

legislation.

Gradual cancellation

July 1, 2001.

"Article 10(7) - Specific measures

Each Contracting Party grants Investments in its Territory to Investors of other Contracting Parties and extends to their respective activities, including management, maintenance, use, possession or disposal, a regime no less favorable than that which it grants to Investments of its own Investors.

or Investors of any other Contracting Party or any third Party

States and extends to their respective activities, including

management, maintenance, use, possession or disposal, in

depending on which one is the most favorable."

Country: Bulgaria

Sector

All sectors of the energy sector.

Management Level

National.

Description

Foreigners cannot acquire ownership rights to land. A company with a foreign ownership interest of more than fifty percent cannot acquire ownership of agricultural land. Foreigners and foreign legal entities cannot acquire rights

ownership of land, except by inheritance in accordance with the law.

In this case, they are obliged to hand it over.

A foreign person may acquire ownership of buildings, but without ownership of land.

Foreign individuals or companies with controlling foreign participation must obtain a permit before they carry out the following activities:

- exploration, development and extraction of natural resources from the territorial sea, continental shelf or exclusive economic zone;

- purchase of real estate in geographical regions defined by the Council of Ministers;

- Permits are issued by the Council of Ministers or a body authorized by the Council of Ministers.

Gradual cancellation

July 1, 2001.

"Article 14 (1) (d)

Each Contracting Party guarantees, with respect to Investments in its Territory by Investors of any other Contracting Party, the freedom of transfers to and from its Territory, including transfers:

unspent earnings and other remuneration of staff employed abroad in connection with this Investment."

Country: Bulgaria

Sector

All sectors of the energy sector.

Management Level

National.

Description

Foreigners employed by companies with a foreign ownership interest of more than 50 percent or by a foreigner registered as a separate trader or a branch or representative office of a foreign company in Bulgaria, who receive salaries in Bulgarian levs, can buy foreign currency for an amount not exceeding 70 percent of their salary, including social insurance payments.

Gradual cancellation

July 1, 2001.

Country: Hungary

SectorAll energy sectors.The management level is national.Description According to the Hungarian Foreign Investment Act, article 33, foreign senior management and management personnel, members of supervisory boards and foreign employees can transfer their savings up to 50 percent of their earnings after taxes through their company's bank. Gradual abolition The gradual abolition of this particular restriction depends on the possible progress in Hungary in implementing a currency exchange liberalization program, the ultimate goal of which is the full convertibility of the forint. This restriction does not create any obstacle for foreign investors. The gradual abolition is based on what is provided for in Article 32.

July 1, 2001.

"Article 20(3) Each Contracting Party shall designate one or more reference points to which requests for information relating to the above-mentioned laws, regulations, judicial decisions and administrative orders may be made and shall promptly notify the Secretariat of such appointment, which shall provide such information upon request."

Country: Armenia

SectorAll energy sectors.Management level is national

Description

There are no official points in the Republic of Armenia where one could contact with inquiries about relevant laws and other regulations. There is also no information center. There is a plan to establish such a center in 1994-95. Technical assistance is required.

Phased out on December 31, 1996.

Country: Azerbaijan

SectorAll energy sectors.The management level is national.

Description

There are no official reference points in the Republic of Azerbaijan where one could contact with requests for information on relevant laws and other regulations. Currently, such information is concentrated in various organizations.

Phased out on December 31, 1997.

Country: Belarus

SectorAll energy sectors.The management level is national.

Description

There are no official reference points in the Republic of Belarus that could provide information on laws, regulations, court decisions and administrative decisions. There is no practice of publishing court decisions and administrative decisions.

Gradual abolition on December 31, 1998.

Country: Kazakhstan

SectorAll energy sectors.The management level is national.

Description

In Kazakhstan, the establishment of reference points for information on laws and regulations has begun. As for court decisions and administrative rulings, they are not published in Kazakhstan (with the exception of individual decisions of the Supreme Court of the Republic of Kazakhstan), as they are not considered sources of law. Changing existing practices will require a long transition period.

Gradual abolition on July 1, 2001.

Country: Moldova

SectorAll energy sectors.The management level is national.

Description

It is necessary to create reference points.Gradual cancellation

December 31, 1995.

Country: Russian Federation

SectorAll energy sectors.The level of governance of the Federation and the subjects of the Federation.

Description

There are no official reference points in the Russian Federation yet, where one could contact with requests for information on relevant laws and other regulations. As for court decisions and administrative rulings, they are not considered as sources of law.

Phased out on December 31, 2000.

Country: Slovenia

SectorAll energy sectors.The management level is national.

Description

There are no official reference points in Slovenia yet, where one could contact with requests for information on relevant laws and other regulations. Currently, such information is available in various ministries. The law on foreign investments being prepared provides for the creation of such a reference point.

Gradual abolition on January 1, 1998.

A country: Tadjikistan

SectorAll energy sectors.The management level is national.

Description

There are no reference points in the Republic of Tajikistan where one could contact with requests for information on relevant laws and other regulations. This is only due to financial problems.

Phased out on December 31, 1997.

Country: Ukraine

SectorAll energy sectors.The management level is national.

Description

It is necessary to bring the existing transparency of laws up to the level of international practice. Ukraine will have to create reference points for information on laws, regulations, court decisions and administrative decisions and norms of general application.

Gradual abolition on January 1, 1998.

"Article 22(3)

Each Contracting Party, if it creates or supports any entity and provides it with regulatory, administrative or other authority, shall ensure that such entity exercises such authority in accordance with the obligations of the Contracting Party under this Treaty."

Country: Czech Republic

The uranium and nuclear industry sector.The management level is national.

Description

In order to deplete the reserves of uranium ore stored by the State Material Resources Administration, no imports of uranium ore and concentrates, including bundles containing uranium of non-Czech origin, will be licensed.

Phased out on July 1, 2001

President

Republic of Kazakhstan

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