The Energy Charter Treaty:Bijlage 1

The Energy Charter Treaty

Bijlage 1

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Bronpublicatie:: 24-04-1998, Trb. 2010, 149 (uitgifte: 06-05-2010, kamerstukken/regelingnummer: -)
Inwerkingtreding: 21-01-2010
Bronpublicatie inwerkingtreding:: 24-04-1998, Trb. 2010, 149 (uitgifte: 06-05-2010, kamerstukken/regelingnummer: -)
Vakgebied(en): Milieurecht / Straling
Milieurecht / Energie
Energierecht (V)

1. Annex EM I Energy materials and products

(In accordance with Article 1(4))

Nuclear energy	26.12	Uranium or thorium ores and concentrates.
26.12.10	Uranium ores and concentrates.
26.12.20	Thorium ores and concentrates.
28.44	Radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) and their compounds; mixtures and residues containing these products.
28.44.10	Natural uranium and its compounds.
28.44.20	Uranium enriched in U235 and its compounds; plutonium and its compounds.
28.44.30	Uranium depleted in U235 and its compounds; thorium and its compounds.
28.44.40	Radioactive elements and isotopes and radioactive compounds other than 28.44.10, 28.44.20 or 28.44.30.
28.44.50	Spent (irradiated) fuel elements (cartridges) of nuclear reactors.
28.45.10	Heavy water (deuterium oxide).
Coal, Natural Gas, Petroleum and Petroleum Products, Electrical Energy	27.01	Coal, briquettes, ovoids and similar solid fuels manufactured from coal.
27.02	Lignite, whether or not agglomerated excluding jet.
27.03	Peat (including peat litter), whether or not agglomerated.
27.04	Coke and semi-coke of coal, of lignite or of peat, whether or not agglomerated; retort carbon.
27.05	Coal gas, water gas, producer gas and similar gases, other than petroleum gases and other gaseous hydrocarbons.
27.06	Tar distilled from coal, from lignite or from peat, and other mineral tars, whether or not dehydrated or partially distilled, including reconstituted tars.
27.07	Oils and other products of the distillation of high temperature coal tar; similar products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents (e.g., benzole, toluole, xylole, naphtalene, other aromatic hydrocarbon mixtures, phenols, creosote oils and others).
27.08	Pitch and pitch coke, obtained from coal tar or from other mineral tars.
27.09	Petroleum oils and oils obtained from bituminous minerals, crude.
27.10	Petroleum oils and oils obtained from bituminous minerals, other than crude.
27.11	Petroleum gases and other gaseous hydrocarbons Liquified: — natural gas — propane — butanes — ethylene, propylene, butylene and butadiene (27.11.14) — other In gaseous state: — natural gas — other
27.13	Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals.
27.14	Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks.
27.15	Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (e.g., bituminous mastics, cut-backs).
27.16	Electrical energy.
Other Energy		44.01.10	Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms.
44.02	Charcoal (including charcoal from shells or nuts), whether or not agglomerated.

2. Annex EM II Energy materials and products

(In accordance with Article 1(4))

3. Annex EQ I List of energy-related equipment

(In accordance with Article 1(4bis))

For the purpose of this Annex, ‘Ex’ has been included to indicate that the product description referred to does not exhaust the entire range of products within the World Customs Organization Nomenclature headings or the Harmonized System codes listed below.

Ex 39.19

Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls.

Ex 3919.10 — In rolls of a width not exceeding 20 cm

-- To be used for oil and gas pipelines and sea lines protection

Ex 73.041)

Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel.

7304.10 — Line pipe of a kind used for oil or gas pipelines — Casing, tubing and drill pipe, of a kind used in drilling for oil or gas:2)

7304.212) — Drill pipe

7304.292) — Other

Ex 73.05

Other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross-sections, the external diameter of which exceeds 406.4 mm, of iron or steel.

—: Line pipe of a kind used for oil or gas pipelines:
7305.11 — Longitudinally submerged arc welded
7305.12 — Other, longitudinally welded
7305.19 — Other
7305.20 — Casing of a kind used in drilling for oil or gas

Ex 73.061)

Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel.

7306.10 — Line pipe of a kind used for oil or gas pipelines

7306.20 — Casing and tubing of a kind used in drilling for oil or gas

73.07

Tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel.

Ex 73.08

Structures (excluding prefabricated buildings of heading No. 94.06) and parts of structures (for example, bridges, and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frame-works, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel.

7308.20 — Towers and lattice masts

7308.40 — Equipment for scaffolding, shuttering, propping or pitpropping

Ex 7308.90 — Other

-- Parts for oil and gas drilling platforms

Ex 73.09

Reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity exceeding 300 l, whether or not lined or heat-insulated, but not fitted with mechanical or thermal equipment.

Ex 7309.00 — For liquids

-- Of a capacity exceeding 1,000,000 l, where specially designed for strategic oil reserves

-- Heat insulated

Ex 73.11

Containers for compressed or liquefied gas, of iron or steel.

-- Of more than 1,000 l

Ex 73.121)

Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated.

Ex 7312.10 — Stranded wires, ropes and cables

-- Ropes and cables coated, non-coated or zinc coated of a kind used in the energy sector

Ex 73.26

4. Annex EQ II List of energy-related equipment

(In accordance with Article 1(4bis))

5. Annex NI Non-applicable energy materials and products for definition of ‘Economic activity in the energy sector’

(In accordance with Article 1(5))

27.07	Oils and other products of the distillation of high temperature coal tar; similar products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents (e.g., benzole, toluole, xylole, naphtalene, other aromatic hydrocarbon mixtures, phenols, creosote oils and others).
44.01.10	Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms.
44.02	Charcoal (including charcoal from shells or nuts), whether or not agglomerated.

6. Annex TRM Notification and phase-out (TRIMs)

(In accordance with Article 5(4))

1

Each Contracting Party shall notify to the Secretariat all trade-related investment measures which it applies that are not in conformity with the provisions of Article 5, within:

a): 90 days after the entry into force of this Treaty if the Contracting Party is a member of the WTO; or
b): 12 months after the entry into force of this Treaty if the Contracting Party is not a member of the WTO.

Such trade-related investment measures of general or specific application shall be notified along with their principal features.

2

In the case of trade-related investment measures applied under discretionary authority, each specific application shall be notified. Information that would prejudice the legitimate commercial interests of particular enterprises need not be disclosed.

3

Each Contracting Party shall eliminate all trade-related investment measures which are notified under paragraph 1 within:

a): two years from the date of entry into force of this Treaty if the Contracting Party is a member of the WTO; or
b): three years from the date of entry into force of this Treaty if the Contracting Party is not a member of the WTO.

4

During the applicable period referred to in paragraph 3 a Contracting Party shall not modify the terms of any trade-related investment measure which it notifies under paragraph 1 from those prevailing at the date of entry into force of this Treaty so as to increase the degree of inconsistency with the provisions of Article 5 of this Treaty.

5

Notwithstanding the provisions of paragraph 4, a Contracting Party, in order not to disadvantage established enterprises which are subject to a trade-related investment measure notified under paragraph 1, may apply during the phase-out period the same trade-related investment measure to a new Investment where:

a): the products of such Investment are like products to those of the established enterprises; and
b): such application is necessary to avoid distorting the conditions of competition between the new Investment and the established enterprises.

Any trade-related investment measure so applied to a new Investment shall be notified to the Secretariat. The terms of such a trade-related investment measure shall be equivalent in their competitive effect to those applicable to the established enterprises, and it shall be terminated at the same time.

6

Where a state or 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 by the later of the applicable date in paragraph 1 or the date of deposit of the instrument of accession; and
b): the end of the phase-out period shall be the later of the applicable date in paragraph 3 or the date on which the Treaty enters into force for that state or Regional Economic Integration Organization.

7. Annex N List of contracting parties requiring at least 3 separate areas to be involved in a transit

(In accordance with Article 7(10)a))

1.: Canada and United States of America

8. Annex VC List of contracting parties which have made voluntary binding commitments in respect of article 10(3)

(In accordance with Article 10(6))

9. Annex ID List of contracting parties not allowing an investor to resubmit the same dispute to international arbitration at a later stage under article 26

(In accordance with Article 26(3)b(i))

1.: Australia
2.: Azerbaijan
3.: Bulgaria
4.: Canada
5.: Croatia
6.: Cyprus
7.: The Czech Republic
8.: European Communities
9.: Finland
10.: Greece
11.: Hungary
12.: Ireland
13.: Italy
14.: Japan
15.: Kazakhstan
16.: Norway
17.: Poland
18.: Portugal
19.: Romania
20.: The Russian Federation
21.: Slovenia
22.: Spain
23.: Sweden
24.: United States of America

10. Annex IA List of contracting parties not allowing an investor or 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

11. Annex P Special sub-national dispute procedure

(In accordance with Article 27(3)(i)

Part I

1.: Canada
2.: Australia

Part II

1

Where, in making an award, the tribunal finds that a measure of a regional or local government or authority of a Contracting Party (hereinafter referred to as the ‘Responsible Party’) is not in conformity with a provision of this Treaty, the Responsible Party shall take such reasonable measures as may be available to it to ensure observance of the Treaty in respect of the measure.

2

The Responsible Party shall, within 30 days from the date the award is made, provide to the Secretariat written notice of its intentions as to ensuring observance of the Treaty in respect of the measure. The Secretariat shall present the notification to the Charter Conference at the earliest practicable opportunity, and no later than the meeting of the Charter Conference following receipt of the notice. If it is impracticable to ensure observance immediately, the Responsible Party shall have a reasonable period of time in which to do so. The reasonable period of time shall be agreed by both parties to the dispute. In the event that such agreement is not reached, the Responsible Party shall propose a reasonable period for approval by the Charter Conference.

3

Where the Responsible Party fails, within the reasonable period of time, to ensure observance in respect of the measure, it shall at the request of the other Contracting Party party to the dispute (hereinafter referred to as the ‘Injured Party’) endeavour to agree with the Injured Party on appropriate compensation as a mutually satisfactory resolution of the dispute.

4

If no satisfactory compensation has been agreed within 20 days of the request of the Injured Party, the Injured Party may with the authorization of the Charter Conference suspend such of its obligations to the Responsible Party under the Treaty as it considers equivalent to those denied by the measure in question, until such time as the Contracting Parties have reached agreement on a resolution of their dispute or the non-conforming measure has been brought into conformity with the Treaty.

5

In considering what obligations to suspend, the Injured Party shall apply the following principles and procedures:

a): The Injured Party should first seek to suspend obligations with respect to the same Part of the Treaty as that in which the tribunal has found a violation.
b): If the Injured Party considers that it is not practicable or effective to suspend obligations with respect to the same Part of the Treaty, it may seek to suspend obligations in other Parts of the Treaty. If the Injured Party decides to request authorization to suspend obligations under this subparagraph, it shall state the reasons therefor in its request to the Charter Conference for authorization.

6

On written request of the Responsible Party, delivered to the Injured Party and to the President of the tribunal that rendered the award, the tribunal shall determine whether the level of obligations suspended by the Injured Party is excessive, and if so, to what extent. If the tribunal cannot be reconstituted, such determination shall be made by one or more arbitrators appointed by the Secretary-General. Determinations pursuant to this paragraph shall be completed within 60 days of the request to the tribunal or the appointment by the Secretary-General. Obligations shall not be suspended pending the determination, which shall be final and binding.

7

In suspending any obligations to a Responsible Party, an Injured Party shall make every effort not to affect adversely the rights under the Treaty of any other Contracting Party.

12. Annex W Exceptions and rules governing the application of the provisions of the WTO Agreement

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

(A) Exceptions to the Application of the Provisions of the WTO Agreement

The following provisions of the WTO Agreement shall not be applicable under Article 29(2)(a):

1.

Agreement Establishing the World Trade Organization

All except article IX, paragraphs 3 and 4 and XVI, paragraphs 1, 3 and 4

a)

ANNEX 1A to the WTO Agreement:

Multilateral Agreements on Trade in Goods:

(i)

General Agreement on Tariffs and Trade 1994

II	Schedules of Concessions, paragraphs (1)(a),(1)(b,1^st sentence), (1)(c) and (7)
IV	Special Provisions relating to Cinematographic Films
XV	Exchange Arrangements
XVIII	Governmental Assistance to Economic Development
XXII	Consultation
XXIII	Nullification and Impairment
XXIV	Customs Unions and Free-Trade Areas, paragraph 6
XXV	Joint Action by the Contracting Parties
XXVI	Acceptance, Entry into Force and Registration
XXVII	Withholding or Withdrawal of Concessions
XXVIII	Modification of Schedules
XXVIII bis	Tariff Negotiations
XXIX	The Relation of this Agreement to the Havana Charter
XXX	Amendments
XXXI	Withdrawal
XXXII	Contracting Parties
XXXIII	Accession
XXXV	Non-application of the Agreement between Particular Contracting Parties
XXXVI	Principles and Objectives
XXXVII	Commitments
XXXVIII	Joint Action
Annex H	Relating to Article XXVI
Annex I	Notes and Supplementary Provisions (related to the above-mentioned GATT provisions)

Understanding on the Interpretation of Article II: 1(b) of the GATT 1994

2	Date of incorporation of other duties and charges into the schedule
4	Challenges, (1st sentence only)
6	Dispute settlement
8	Supersession of BISD 27S/24

Understanding on the Interpretation of Article XVII of the GATT 1994

1	only the phrase ‘for review by the working party to be set up under paragraph (5)’
5	Working Party on state trading

Understanding on the Balance-of-Payments Provisions of the GATT 1994

5	Committee on Balance-of-Payments Restrictions, except last sentence
7	Review by the Committee, the phrase ‘or under paragraph 12(b) of Article XVIII’
8	Simplified consultation procedures
13	Conclusions of Balance-of-Payments consultations, first sentence, third sentence: the phrase ‘and XVIII: B, the 1979 Declaration’ and last sentence.

Understanding on the Interpretation of Article XXIV of the GATT 1994

All except paragraph 13

Understanding in Respect of Waivers of Obligations under the GATT 1994

3	Nullification and Impairment

Understanding on the Interpretation of Article XXVIII of the GATT 1994

Marrakesh Protocol to the GATT 1994

(ii)

Agreement on Agriculture

(iii)

Agreement on the Application of Sanitary and Phytosanitary Measures

(iv)

Agreement on Textiles and Clothing

(v)

Agreement on Technical Barriers to Trade

Preamble (paragraphs 1, 8, 9)

1.3.	General Provisions
10.5.	The words ‘Developed country’ and the words ‘French or Spanish’ which shall be replaced by ‘Russian’
10.6.	The phrase ‘and draw attention of developing country Members … interest to them.’
10.9.	Information about technical regulations, standards and certification systems (languages)
11.	Technical assistance to other Parties
12.	Special and differential treatment of developing countries
13	The Committee on Technical Barriers to Trade
14.	Consultation and Dispute Settlement
15.	Final Provisions (other than 15.2 and 15.5)

Annex 2 Technical Expert Groups

(vi)

Agreement on Trade-Related Investment Measures

(vii)

Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping)

15	Developing Country Members
16	Committee on Anti-Dumping Practices
17	Consultation and Dispute Settlement
18	Final Provisions, paragraphs 2 and 6

(viii)

Agreement on Implementation of Article VII of the GATT 1994 (Customs Valuation)

Preamble, paragraph 2, the phrase ‘and to secure additional benefits for the international trade of developing countries’

14	Application of Annexes (second sentence except as far as it refers to Annex III paragraphs 6 and 7)
18	Institutions (Committee on Customs Valuation)
19	Consultation and Dispute Settlement
20	Special and differential treatment of developing countries
21	Reservations
23	Review
24	Secretariat
Annex II	Technical Committee on Customs Valuation
Annex III	Extra Provisions (except paragraphs 6 and 7 )

(ix)

Agreement on Preshipment Inspection

Preamble, paragraphs 2 and 3

3.3.	Technical Assistance
6.	Review
7.	Consultation
8.	Dispute Settlement

(x)

Agreement on Rules of Origin

Preamble, 8th indent

4.	Institutions
6.	Review
7.	Consultation
8.	Dispute Settlement
9.	Harmonization of Rules of Origin
Annex I	Technical Committee on Rules of Origin

(xi)

Agreement on Import Licensing Procedures

1.4(a)	General Provisions (last sentence)
2.2.	Automatic Import Licensing (footnote 5)
3.5(iv)	Non-Automatic Import Licensing (last sentence)
4.	Institutions
6.	Consultations and Dispute Settlement
7.	Review (except paragraph 3)
8.	Final provisions (except paragraph 2)

(xii)

Agreement on Subsidies and Countervailing Measures

4.	Remedies (except paragraphs 4.1, 4.2 and 4.3)
5.	Adverse Effects, last sentence
6.	Serious Prejudice (paragraphs 6.6, the phrases ‘subject to the provisions of paragraph 3 of Annex V’ and ‘arising under Article 7, and to the panel established pursuant to paragraph 4 of Article 7’, 6.8 the phrase ‘, including information submitted in accordance with the provisions of Annex V’ and 6.9)
7.	Remedies (except paragraphs 7.1, 7.2 and 7.3)
8.	Identification of Non-Actionable Subsidies, paragraph 8.5 and Footnote 25
9.	Consultations and Authorised Remedies
24.	Committee on Subsidies and Countervailing Measures and Subsidiary Bodies
26.	Surveillance
27.	Special and Differential Treatment of Developing Country Members
29.	Transformation into Market Economy, paragraph 29.2 (except first sentence)
30.	Dispute Settlement
31.	Provisional Application

32.2, 32.7 and 32.8 (only insofar as it refers to Annexes V and VII)

Final Provisions

Annex V	Procedures for Developing Information concerning Serious Prejudice
Annex VII	Developing Countries

(xiii)

Agreement on Safeguards

9.	Developing Country Members
12.	Notification and Consultation, paragraph 10
13.	Surveillance
14.	Dispute Settlement

Annex Exception

b)

Annex 1B to the WTO Agreement:

General Agreement on Trade in Services

c)

Annex 1C to the WTO Agreement:

Agreement on Trade-Related Aspects of Intellectual Property Rights

d)

Annex 2 to the WTO Agreement:

Understanding on Rules and Procedures Governing the Settlement of Disputes

e)

Annex 3 to the WTO Agreement:

Trade Policy Review Mechanism

f)

Annex 4 to the WTO Agreement:

Plurilateral Trade Agreements:

(i): Agreement on Trade in Civil Aircraft
(ii): Agreement on Government Procurement

g)

Ministerial Decisions, Declarations and Understanding:

(i): Decision on Measures in favour of Least-Developed Countries
(ii): Declaration on the Contribution of the WTO to Achieving Greater Coherence in Global Economic Policy Making
(iii): Decision on Notification Procedures
(iv): Declaration on the Relationship of the WTO with the IMF
(v): Decision on Measures Concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing Developing Countries
(vi): Decision on Notification of First Integration under Article 2.6 of the Agreement on Textiles and Clothing
(vii): Decision on Review of the ISO/IEC Information Centre Publication
(viii): Decision on Proposed Understanding on WTO-ISO Standards Information System
(ix): Decision on Anti-Circumvention
(x): Decision on Review of Article 17.6 of the Agreement on Implementation of Article VI of the GATT 1994
(xi): Declaration on Dispute Settlement pursuant to the Agreement on Implementation of Article VI of the GATT 1994 or Part V of the Agreement on Subsidies and Countervailing Measures
(xii): Decision Regarding Cases Where Customs Administrations Have Reason to Doubt the Truth or Accuracy of the Declared Value
(xiii): Decision on Texts Relating to Minimum Values and Imports by Sole Agents, Sole Distributors and Sole Concessionaires
(xiv): Decision on Institutional Arrangements for the GATS
(xv): Decision on certain Dispute Settlement Procedures for the GATS
(xvi): Decision on Trade in Services and the Environment
(xvii): Decision on Negotiations on Movement of Natural Persons
(xviii): Decision on Financial Services
(xix): Decision on Negotiations on Maritime Transport Services
(xx): Decision on Negotiations on Basic Telecommunications
(xxi): Decision on Professional Services
(xxii): Decision on Accession to the Agreement on Government Procurement
(xxiv): Decision on the Application and Review of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(xxv): Understanding on Commitments in Financial Services
(xxvi): Decision on the Acceptance of and Accession to the Agreement Establishing the WTO
(xxvii): Decision on Trade and Environment
(xxviii): Decision on Organizational and Financial Consequences Following from Implementation of the Agreement Establishing the WTO
(xxix): Decision on the Establishment of the Preparatory Committee for the WTO

2.

All other provisions in the WTO Agreement which relate to:

a): governmental assistance to economic development and the treatment of developing countries, except for paragraphs (1) to (4) of the Decision of 28 November 1979 (L/4903) on Differential and more Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries;
b): the establishment or operation of specialist committees and other subsidiary institutions;
c): signature, accession, entry into force, withdrawal, deposit and registration.

3.

All agreements, arrangements, decisions, understandings or other joint action pursuant to the provisions listed as not applicable in paragraphs (1) or (2).

4.

Trade in nuclear materials may be governed by agreements referred to in the Declarations related to this paragraph contained in the Final Act of the European Energy Charter Conference.

(B) Rules governing the application of provisions of the WTO agreement

1

In the absence of a relevant interpretation of the WTO Agreement adopted by the Ministerial Conference or the General Council of the World Trade Organization under paragraph 2 of article IX of the WTO Agreement concerning provisions applicable under Article 29(2)(a), the Charter Conference may adopt an interpretation.

2

Requests for waivers under Article 29(2) and (6)(b) shall be submitted to the Charter Conference, which shall follow, in carrying out these duties, the procedures of paragraphs 3 and 4 of article IX of the WTO Agreement.

3

Waivers of obligations in force in the WTO shall be considered in force for the purposes of Article 29 while they remain in force in the WTO.

4

The provisions of article II of the GATT 1994 which have not been disapplied shall, without prejudice to Article 29(4), (5) and (7), be modified as follows:

(i)

All Energy Materials and Products listed in Annex EM II and Energy-Related Equipment listed in Annex EQ II imported from or exported to any other Contracting Party shall also be exempt from all other duties or charges of any kind imposed on or in connection with importation or exportation, in excess of those imposed on the date of the standstill referred to in Article 29(6), first sentence, or under Article 29(7), or those directly and mandatorily required to be imposed thereafter by legislation in force in the importing or exporting territory on the date referred to in Article 29(6), first sentence.

(ii)

Nothing in article II of the GATT 1994 shall prevent any Contracting Party from imposing at any time on the importation or exportation of any product:

a): a charge equivalent to an internal tax imposed consistently with the provisions of paragraph 2 of article III of GATT 1994 in respect of the like domestic product or in respect of an article from which the imported product has been manufactured or produced in whole or in part;
b): any anti-dumping or countervailing duty applied consistently with the provisions of article VI of GATT 1994;
c): fees or other charges commensurate with the cost of services rendered.

(iii)

No Contracting Party shall alter its method of determining dutiable value or of converting currencies so as to impair the value of the standstill obligations provided for in Article 29(6) or (7).

(iv)

If any Contracting Party establishes, maintains or authorises, formally or in effect, a monopoly of the importation or exportation of any Energy Material or Product listed in Annex EM II or in respect of Energy-Related Equipment listed in EQ II, such monopoly shall not operate so as to afford protection on the average in excess of the amount of protection permitted by the standstill obligation provided for in Article 29(6) or (7). The provisions of this paragraph shall not limit the use by Contracting Parties of any form of assistance to domestic producers permitted by other provisions of this Treaty.

(v)

If any Contracting Party considers that a product is not receiving from another Contracting Party the treatment which the first Contracting Party believes to have been contemplated by the standstill obligation provided for in Article 29(6) or (7), it shall bring the matter directly to the attention of the other Contracting Party. If the latter agrees that the treatment contemplated was that claimed by the first Contracting Party, but declares that such treatment cannot be accorded because a court or other proper authority has ruled to the effect that the product involved cannot be classified under the tariff laws of such Contracting Party so as to permit the treatment contemplated in this Treaty, the two Contracting Parties, together with any other Contracting Parties substantially interested, shall enter promptly into further negotiations with a view to a compensatory adjustment of the matter.

(vi)

a): The specific duties and charges included in the Tariff Record relating to the Contracting Parties members of the International Monetary Fund, and margins of preference in specific duties and charges maintained by such Contracting Parties, are expressed in the appropriate currency at the par value accepted or provisionally recognized by the Fund at the date of the standstill referred to in Article 29(6), first sentence, or under Article 29(7). Accordingly, in case this par value is reduced consistently with the Articles of Agreement of the International Monetary Fund by more than twenty per centum, such specific duties and charges and margins of preference may be adjusted to take account of such reduction; Provided that the Conference concurs that such adjustments will not impair the value of the standstill obligation provided for in Article 29(6) or (7) or elsewhere in this Treaty, due account being taken of all factors which may influence the need for, or urgency of, such adjustments.
b): Similar provisions shall apply to any Contracting Party not a member of the Fund, as from the date on which such Contracting Party becomes a member of the Fund or enters into a special exchange agreement in pursuance of Article XV of GATT 1994.

(vii)

Each Contracting Party shall notify the Secretariat of the customs duties and charges of any kind applicable on the date of the standstill referred to in Article 29(6) first sentence. The Secretariat shall keep a Tariff Record of the customs duties and charges of any kind relevant for the purpose of the standstill on customs duties and charges of any kind under Article 29(6) or (7).

5

The Decision of 26 March 1980 on ‘Introduction of a Loose-Leaf System for the Schedules of Tariff Concessions’ (BISD 27S/24) shall not be applicable under Article 29(2)(a). The applicable provisions of the Understanding on the Interpretation of Article II:1(b) of the GATT 1994 shall, without prejudice to Article 29(4), (5) or (7), apply with the following modifications:

(i): In order to ensure transparency of the legal rights and obligations deriving from paragraph 1(b) of article II of GATT 1994, the nature and level of any ‘other duties or charges’ levied on any Energy Materials and Products listed in Annex EM II or Energy-Related Equipment listed in Annex EQ II with respect to their importation or exportation, as referred to in that provision, shall be recorded in the Tariff Record at the levels applying at the date of the standstill referred to in Article 29(6), first sentence, or under Article 29(7) respectively, against the tariff item to which they apply. It is understood that such recording does not change the legal character of ‘other duties or charges’.
(ii): ‘Other duties or charges’ shall be recorded in respect of all Energy Materials and Products listed in Annex EM II and Energy-Related Equipment listed in Annex EQ II.
(iii): It will be open to any Contracting Party to challenge the existence of an ‘other duty or charge’, on the ground that no such ‘other duty or charge’ existed at the date of the standstill referred to in Article 29(6), first sentence, or the relevant date under Article 29(7), for the item in question, as well as the consistency of the recorded level of any ‘other duty or charge’ with the standstill obligation provided for by Article 29(6) or (7), for a period of one year after the entry into force of the Amendment to the trade-related provisions of this Treaty, adopted by the Charter Conference on 24 April 1998, or one year after the notification to the Secretariat of the level of customs duties and charges of any kind referred to in Article 29(6), first sentence, or Article 29(7), if that is the later.
(iv): The recording of ‘other duties or charges’ in the Tariff Record is without prejudice to their consistency with rights and obligations under GATT 1994 other than those affected by sub-paragraph (iii) above. All Contracting Parties retain the right to challenge, at any time, the consistency of any ‘other duty or charge’ with such obligations.
(v): ‘Other duties or charges’ omitted from a notification to the Secretariat shall not subsequently be added to it and any ‘other duty or charge’ recorded at a level lower than that prevailing on the applicable date shall not be restored to that level unless such additions or changes are made within six months of the notification to the Secretariat.

6

Where the WTO Agreement refers to ‘duties inscribed in the Schedule’ or to ‘bound duties’, there shall be substituted ‘the level of customs duties and charges of any kind permitted under Article 29(4) to (8)’.

7

Where the WTO Agreement specifies the date of entry into force of the WTO Agreement (or an analogous phrase) as the reference date for an action, there shall be substituted the date of entry into force of the Amendment to the trade-related provisions of this Treaty adopted by the Charter Conference on 24 April 1998.

8

With respect to notifications required by the provisions made applicable by Article 29(2)(a):

a): Contracting Parties which are not members of the WTO shall make their notifications to the Secretariat. The Secretariat shall circulate copies of the notifications to all Contracting Parties. Notifications to the Secretariat shall be in one of the authentic languages of this Treaty. The accompanying documents may be solely in the language of the Contracting Party;
b): such requirements shall not apply to Contracting Parties to this Treaty which are also members of the WTO which provides for its own notification requirements.

9

Where Article 29(2)(a) or (6)(b) applies, the Charter Conference shall carry out any applicable duties that the WTO Agreement assigned to the relevant bodies under the WTO Agreement.

10

a): Interpretations of the WTO Agreement adopted by the Ministerial Conference or the General Council of the WTO under paragraph 2 of article IX of the WTO Agreement insofar as they interpret provisions applicable under Article 29(2)(a) shall apply.
b): Amendments to the WTO Agreement under article X of the WTO Agreement that are binding on all members of the WTO (other then those under paragraph 9 of article X) insofar as they amend or relate to provisions applicable under Article 29(2)(a), shall apply unless a Contracting Party requests the Charter Conference to disapply or modify such amendment. The Charter Conference shall take the decision by a three-fourths majority of the Contracting Parties and determine the date of the disapplication or modification of such amendment. A request for the disapplication or modification of such amendment may include a request that the application of the amendment be suspended pending the decision of the Charter Conference.
A request to the Charter Conference made under this paragraph shall be made within six months of the circulation of a notification from the Secretariat that the amendment has taken effect under the WTO Agreement.
c): Interpretations, amendments, or new instruments adopted by the WTO, other than the interpretations and amendments applied under paragraphs (a) and (b) shall not apply.

13. Annex TFU Provisions regarding trade agreements between states which were constituent parts of the former Union of Soviet Socialist Republics

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

1

Any agreement referred to in Article 29 2b) shall be notified in writing to the Secretariat by or on behalf of all of the parties to such agreement which sign or accede to this Treaty:

a): in respect of an agreement in force as of a date three months after the date on which the first of such parties signs or deposits its instrument of accession to the Treaty, no later than six months after such date of signature or deposit; and
b): in respect of an agreement which enters into force on a date subsequent to the date referred to in subparagraph a), sufficiently in advance of its entry into force for other states or Regional Economic Integration Organizations which have signed or acceded to the Treaty (hereinafter referred to as the ‘Interested Parties’) to have a reasonable opportunity to review the agreement and make representations concerning it to the parties thereto and to the Charter Conference prior to such entry into force.

2

The notification shall include:

a): copies of the original texts of the agreement in all languages in which it has been 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 WTO Agreement made applicable by Article 29(2)a), of the circumstances which make it impossible or impracticable for the parties to the agreement to conform fully with that provision;
d): the specific measures to be adopted by each party to the agreement to address the circumstances referred to in subparagraph c); and
e): a description of the parties' programmes for achieving a progressive reduction and ultimate elimination of the agreement's non-conforming provisions.

3

Parties to an agreement notified in accordance with paragraph 1 shall afford to the Interested Parties a reasonable opportunity to consult with them with respect to such agreement, and shall accord consideration to their representations. Upon the request of any of the Interested Parties, the agreement shall be considered by the Charter Conference, which may adopt recommendations with respect thereto.

4

The Charter Conference shall periodically review the implementation of agreements notified pursuant to paragraph 1 and the progress having been made towards the elimination of provisions thereof that do not conform with provisions of the WTO Agreement made applicable by Article 29(2)a). Upon the request of any of the Interested Parties, the Charter Conference may adopt recommendations with respect to such an agreement.

5

An agreement described in Article 29(2)b) may in case of exceptional urgency be allowed to enter into force without the notification and consultation provided for in subparagraph 1b), paragraphs 2 and 3, provided that such notification takes place and the opportunity for such consultation is afforded promptly. In such a case the parties to the agreement shall nevertheless notify its text in accordance with subparagraph 2a) promptly upon its entry into force.

6

Contracting Parties which are or become parties to an agreement described in Article 29(2)b) undertake to limit the non-conformities thereof with the provisions of the WTO Agreement made applicable by Article 29(2)a) to those necessary to address the particular circumstances and to implement such an agreement so as least to deviate from those provisions. They shall make every effort to take remedial action in light of representations from the Interested Parties and of any recommendations of the Charter Conference.

14. Annex BR List of Contracting Parties which shall not increase any customs duty or other charge above the level resulting from their commitments or any provisions applicable to them under the WTO Agreement

(In accordance with Article 29(7))

15. Annex BRQ List of Contracting Parties which shall not increase any customs duty or other charge above the level resulting from their commitments or any provisions applicable to them under the WTO Agreement

(In accordance with Article 29(7))

16. Annex D Interim provisions for trade dispute settlement

(In accordance with Article 29(9))

1

a)

In their relations with one another, Contracting Parties shall make every effort through cooperation and consultations to arrive at a mutually satisfactory resolution of any dispute about existing measures that might materially affect compliance with the provisions applicable to trade under Article 5 or 29, or about any measures that might nullify or impair any benefit accruing to a Contracting Party directly or indirectly under the provisions applicable to trade under Article 29.

b)

A Contracting Party may make a written request to any other Contracting Party for consultations regarding any existing measure of the other Contracting Party that it considers might affect materially compliance with provisions applicable to trade under Article 5 or 29, or any measure that might nullify or impair any benefit accruing to a Contracting Party directly or indirectly under the provisions applicable to trade under Article 29. A Contracting Party which requests consultations shall to the fullest extent possible indicate the measure complained of and specify the provisions of Article 5 or 29 and of the GATT and Related Instruments that it considers relevant. Requests to consult pursuant to this paragraph shall be notified to the Secretariat, which shall periodically inform the Contracting Parties of pending consultations that have been notified.

c)

A Contracting Party shall treat any confidential or proprietary information identified as such and contained in or received in response to a written request, or received in the course of consultations, in the same manner in which it is treated by the Contracting Party providing the information.

d)

In seeking to resolve matters considered by a Contracting Party to affect compliance with provisions applicable to trade under Article 5 or 29 as between itself and another Contracting Party, or to nullify or impair any benefit accruing to it directly or indirectly under the provisions applicable to trade under Article 29, the Contracting Parties participating in consultations or other dispute settlement shall make every effort to avoid a resolution that adversely affects the trade of any other Contracting Party.

2

a)

If, within 60 days from the receipt of the request for consultation referred to in subparagraph 1b), the Contracting Parties have not resolved their dispute or agreed to resolve it by conciliation, mediation, arbitration or other method, either Contracting Party may deliver to the Secretariat a written request for the establishment of a panel in accordance with subparagraphs b) to f). In its request the requesting Contracting Party shall state the substance of the dispute and indicate which provisions of Article 5 or 29 and of the WTO Agreement are considered relevant. The Secretariat shall promptly deliver copies of the request to all Contracting Parties.

b)

The interests of other Contracting Parties shall be taken into account during the resolution of a dispute. Any other Contracting Party having a substantial interest in a matter shall have the right to be heard by the panel and to make written submissions to it, provided that both the disputing Contracting Parties and the Secretariat have received written notice of its interest no later than the date of establishment of the panel, as determined in accordance with subparagraph c).

c)

A panel shall be deemed to be established 45 days after the receipt of the written request of a Contracting Party by the Secretariat pursuant to subparagraph a).

d)

A panel shall be composed of three members who shall be chosen by the Secretary-General from the roster described in paragraph 7. Except where the disputing Contracting Parties agree otherwise, the members of a panel shall not be citizens of Contracting Parties which either are party to the dispute or have notified their interest in accordance with subparagraph b), or citizens of states members of a Regional Economic Integration Organization which either is party to the dispute or has notified its interest in accordance with subparagraph b).

e)

The disputing Contracting Parties shall respond within ten working days to the nominations of panel members and shall not oppose nominations except for compelling reasons.

f)

Panel members shall serve in their individual capacities and shall neither seek nor take instruction from any government or other body. Each Contracting Party undertakes to respect these principles and not to seek to influence panel members in the performance of their tasks. Panel members shall be selected with a view to ensuring their independence, and that a sufficient diversity of backgrounds and breadth of experience are reflected in a panel.

g)

The Secretariat shall promptly notify all Contracting Parties that a panel has been constituted.

3

a)

The Charter Conference shall adopt rules of procedure for panel proceedings consistent with this Annex. Rules of procedure shall be as close as possible to those of the WTO Agreement. A panel shall also have the right to adopt additional rules of procedure not inconsistent with the rules of procedure adopted by the Charter Conference or with this Annex. In a proceeding before a panel each disputing Contracting Party and any other Contracting Party which has notified its interest in accordance with subparagraph 2b), shall have the right to at least one hearing before the panel and to provide a written submission. Disputing Contracting Parties shall also have the right to provide a written rebuttal. A panel may grant a request by any other Contracting Party which has notified its interest in accordance with subparagraph 2b) for access to any written submission made to the panel, with the consent of the Contracting Party which has made it.

The proceedings of a panel shall be confidential. A panel shall make an objective assessment of the matters before it, including the facts of the dispute and the compliance of measures with the provisions applicable to trade under Article 5 or 29. In exercising its functions, a panel shall consult with the disputing Contracting Parties and give them adequate opportunity to arrive at a mutually satisfactory solution. Panels shall be guided by the interpretations given to the WTO Agreement within the framework of the WTO Agreement and shall not question the compatibility with Article 5 or 29 of practices applied by any Contracting Party which is a member of the WTO to other members of the WTO to which it applies the WTO Agreement and which have not been taken by those other members to dispute resolution under the WTO Agreement.

Unless otherwise agreed by the disputing Contracting Parties, all procedures involving a panel, including the issuance of its final report, should be completed within 180 days of the date of establishment of the panel; however, a failure to complete all procedures within this period shall not affect the validity of a final report.

b)

A panel shall determine its jurisdiction; such determination shall be final and binding. Any objection by a disputing Contracting Party that a dispute is not within the jurisdiction of the panel shall be considered by the panel, which shall decide whether to deal with the objection as a preliminary question or to join it to the merits of the dispute.

c)

In the event of two or more requests for establishment of a panel in relation to disputes that are substantively similar, the Secretary-General may with the consent of all the disputing Contracting Parties appoint a single panel.

4

a)

After having considered rebuttal arguments, a panel shall submit to the disputing Contracting Parties the descriptive sections of its draft written report, including a statement of the facts and a summary of the arguments made by the disputing Contracting Parties. The disputing Contracting Parties shall be afforded an opportunity to submit written comments on the descriptive sections within a period set by the panel.

Following the date set for receipt of comments from the Contracting Parties, the panel shall issue to the disputing Contracting Parties an interim written report, including both the descriptive sections and the panel's proposed findings and conclusions. Within a period set by the panel a disputing Contracting Party may submit to the panel a written request that the panel review specific aspects of the interim report before issuing a final report. Before issuing a final report the panel may, in its discretion, meet with the disputing Contracting Parties to consider the issues raised in such a request.

The determination of the arbitral panel shall become final and binding 30 days after the date of its presentation to the Charter Conference, and any level of suspension of benefits allowed thereby may thereupon be put into effect by the injured Contracting Party in such manner as that Contracting Party considers equivalent in the circumstances, unless prior to the expiration of the 30 days period the Charter Conference decides otherwise.

f)

In suspending any obligations to a non-complying Contracting Party, an injured Contracting Party shall make every effort not to affect adversely the trade of any other Contracting Party.

7

Each Contracting Party may designate two individuals who shall, in the case of Contracting Parties which are also member of the WTO, if they are willing and able to serve as panellists under this Annex, be persons whose names appear on the indicative list of governmental and non-governmental individuals, referred to in article 8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes contained in Annex 2 to the WTO Agreement or who have in the past served as panellists on a GATT or WTO dispute settlement panel. The Secretary-General may also designate, with the approval of the Charter Conference, not more than ten individuals, who are willing and able to serve as panellists for purposes of dispute resolution in accordance with paragraphs 2 to 4. The Charter Conference may in addition decide to designate for the same purposes up to 20 individuals, who serve on dispute settlement rosters of other international bodies, who are willing and able to serve as panellists. The names of all of the individuals so designated shall constitute the dispute settlement roster. Individuals shall be designated strictly on the basis of objectivity, reliability and sound judgement and, to the greatest extent possible, shall have expertise in international trade and energy matters, in particular as relates to provisions applicable under Article 29. In fulfilling any function under this Annex, designees shall not be affiliated with or take instructions from any Contracting Party. Designees shall serve for renewable terms of five years and until their successors have been designated. A designee whose term expires shall continue to fulfil any function for which that individual has been chosen under this Annex. In the case of death, resignation or incapacity of a designee, the Contracting Party or the Secretary-General, whichever designated said designee, shall have the right to designate another individual to serve for the remainder of that designee's term, the designation by the Secretary-General being subject to approval of the Charter Conference.

8

Notwithstanding the provisions contained in this Annex, Contracting Parties are encouraged to consult throughout the dispute resolution proceeding with a view to settling their dispute.

9

The Charter Conference may appoint or designate other bodies or fora to perform any of the functions delegated in this Annex to the Secretariat and the Secretary-General.

10

Where a Contracting Party invokes Article 29(9)(b), this Annex shall apply, subject to the following modifications:

a): the complaining party shall present a detailed justification in support of any request for consultations or for the establishment of a panel regarding a measure which it considers to nullify or impair any benefit accruing to it directly or indirectly under Article 29;
b): where a measure has been found to nullify or impair benefits under Article 29 without violation thereof, there is no obligation to withdraw the measure; however, in such a case the panel shall recommend that the Contracting Party concerned make a mutually satisfactory adjustment;
c): the arbitral panel provided for in paragraph (6)(b), upon the request of either party, may determine the level of benefits that have been nullified or impaired, and may also suggest ways and means of reaching a mutually satisfactory adjustment; such suggestions shall not be binding upon the parties to the dispute.

17. Annex B Formula for allocating charter costs

(In accordance with Article 37(3))

1

Contributions payable by Contracting Parties shall be determined by the Secretariat annually on the basis of their percentage contributions required under the latest available United Nations Regular Budget Scale of Assessment (supplemented by information on theoretical contributions for any Contracting Parties which are not UN members).

2

The contributions shall be adjusted as necessary to ensure that the total of all Contracting Parties' contributions is 100%.

18. Annex PA List of signatories which do not accept the provisional application obligation of article 45(3)b)

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

1.: The Czech Republic
2.: Germany
3.: Hungary
4.: Lithuania
5.: Poland
6.: The Slovak Republic

19. Annex T Contracting parties’ transitional measures

(In accordance with Article 32(1))

List of Contracting Parties entitled to transitional arrangements

Albania

Armenia

Azerbaijan

Belarus

Bulgaria

Croatia

The Czech Republic

Estonia

Georgia

Hungary

Kazakhstan

Kyrgyzstan

Latvia

Lithuania

Moldova

Poland

Romania

The Russian Federation

Slovakia

Slovenia

Tajikistan

Turkmenistan

Ukraine

Uzbekistan

List of provisions subject to transitional arrangements

Provision

Article 6(2)

Article 6(5)

Sector

All energy sectors.

Level of government

National.

Description

The law on Restriction of Monopolistic Activities and Development of Competition of 29 January 1992 provides an organizational and legal basis for the development of competition, and of measures to prevent, limit and restrict monopolistic activities; it is oriented towards implementing market economy conditions. This law, however, does not provide for concrete measures of anti-competitive conduct in the energy sector, nor does it cover completely the requirements of Article 6.

In 1995 drafts of a law on Competition and a State Programme of Demonopolization of the Economy will be submitted to the Parliament. The draft law on Energy which will be also submitted to the Parliament in 1995 will cover issues on demonopolization and development of competition in the energy sector.

Phase-out

1 January 1998.

Country: Romania

Sector

All energy sectors.

Level of government

National.

Description

The rules of competition are not yet implemented in Romania. The draft law on Protection of Competition has been submitted to the Parliament and is scheduled to be adopted during 1994.

The draft contains provisions with respect to anti-competitive behaviour, harmonized with the EC's law on Competition.

Phase-out

31 December 1996.

Country: The Russian Federation

Sector

All energy sectors.

Level of government

The Federation.

Description

A comprehensive framework of anti-monopoly legislation has been created in the Russian Federation but other legal and organizational measures to prevent, limit or suppress monopolistic activities and unfair competition will have to be adopted and in particular in the energy sector.

Phase-out

1 July 2001.

Country: Slovenia

Sector

All energy sectors.

Level of government

National.

Description

Law on Protection of Competition adopted in 1993 and published in Official Journal No 18/93 treats anti-competitive conduct generally. The existing law also provides for conditions for the establishment of competition authorities. At present the main competition authority is the Office of Protection of Competition in the Ministry of Economic Relations and Development. With regard to importance of energy sector a separate law in this respect is foreseen and thus more time for full compliance is needed.

Phase-out

1 January 1998.

Country: Tajikistan

Sector

All energy sectors.

Level of government

National.

Description

In 1993 Tajikistan passed the law on Demonopolization and Competition. However, due to the difficult economic situation in Tajikistan, the jurisdiction of the law has been temporarily suspended.

Phase-out

31 December 1997.

Country: Turkmenistan

Sector

All energy sectors.

Level of government

National.

Description

Under the Ruling of the President of Turkmenistan No 1532 of 21 October 1993 the Committee on Restricting Monopolistic Activities has been established and is acting now, the function of which is to protect enterprises and other entities from monopoly conduct and practices and to promote the formation of market principles on the basis of the development of competition and entrepreneurship.

Further development of legislation and regulations is needed which would regulate anti-monopoly conduct of enterprises in the Economic Activity in the Energy Sector.

Phase-out

1 July 2001.

Country: Uzbekistan

Sector

All energy sectors.

Level of government

National.

Description

The law on Restricting Monopoly Activities has been adopted in Uzbekistan and has been in force since July 1992. However, the law (as is specified in article 1, paragraph 3) does not extend to the activities of enterprises in the energy sector.

Phase-out

1 July 2001.

Article 6(5)

‛ If a Contracting Party considers that any specified anti-competitive conduct carried out within the Area of another Contracting Party is adversely affecting an important interest relevant to the purposes identified in this Article, the Contracting Party may notify the other Contracting Party and may request that its competition authorities initiate appropriate enforcement action. The notifying Contracting Party shall include in such notification sufficient information to permit the notified Contracting Party to identify the anti-competitive conduct that is the subject of the notification and shall include an offer of such further information and cooperation as that Contracting Party is able to provide. The notified Contracting Party or, as the case may be, the relevant competition authorities may consult with the competition authorities of the notifying Contracting Party and shall accord full consideration to the request of the notifying Contracting Party in deciding whether or not to initiate enforcement action with respect to the alleged anti-competitive conduct identified 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 wishes inform the notifying Contracting Party of the grounds for the decision. If enforcement action is initiated, the notified Contracting Party shall advise the notifying Contracting Party of its outcome and, to the extent possible, of any significant interim development. ’

Country: Albania

Sector

All energy sectors.

Level of government

National.

Description

In Albania there are no established institutions to enforce the competition rules. Such institutions will be provided for in the law on the Protection of Competition which is planned to be finalized in 1996.

Phase-out

1 January 1999.

Country: Armenia

Sector

All energy sectors.

Level of government

National.

Description

Institutions to enforce the provisions of this paragraph have not been established in Armenia.

The laws on Energy and Protection of Competition are planned to include provisions to establish such institutions.

Phase-out

31 December 1997.

Country: Azerbaijan

Sector

All energy sectors.

Level of government

National.

Description

Anti-monopoly authorities shall be established after the adoption of anti-monopoly legislation.

Phase-out

1 January 2000.

Country: Belarus

Sector

All energy sectors.

Level of government

National.

Description

Anti-monopoly authorities shall be established after the adoption of anti-monopoly legislation.

Phase-out

1 January 2000.

Country: Georgia

Sector

All energy sectors.

Level of government

National.

Description

Laws on demonopolization are at present at the stage of elaboration in Georgia and that is why there are no competition authorities established yet.

Phase-out

1 January 1999.

Country: Kazakhstan

Sector

All energy sectors.

Level of government

National.

Description

An Anti-monopoly Committee has been established in Kazakhstan, but its activity needs improvement, both from legislative and organizational points of view, in order to elaborate an effective mechanism handling the complaints on anti-competitive conduct.

Phase-out

1 January 1998.

Country: Kyrgyzstan

Sector

All energy sectors.

Level of government

National.

Description

There is no mechanism in Kyrgyzstan to control the anti-competitive conduct and the relevant legislation. It is necessary to establish relevant anti-monopoly authorities.

Phase-out

1 July 2001.

Country: Moldova

Sector

All energy sectors.

Level of government

National.

Description

The Ministry of Economy is responsible for the control of competitive conduct in Moldova. Relevant amendments have been made to the law on Breach of Administrative Rules, which envisage some penalties for violating rules of competition by monopoly enterprises.

The draft law on Competition which is now at the stage of elaboration will have provisions on the enforcement of competition rules.

Phase-out

1 January 1998.

Country: Romania

Sector

All energy sectors.

Level of government

National.

Description

Institutions to enforce the provisions of this paragraph have not been established in Romania.

The Institutions charged with the enforcement of competition rules are provided for in the draft law on Protection of Competition which is scheduled to be adopted during 1994.

The draft also provides a period of nine months for enforcement, starting with the date of its publication.

According to the Europe Agreement establishing an association between Romania and the European Communities, Romania was granted a period of five years to implement competition rules.

Phase-out

1 January 1998.

Country: Tajikistan

Sector

All energy sectors.

Level of government

National.

Description

Tajikistan has adopted laws on Demonopolization and Competition, but institutions to enforce competition rules are in the stage of development.

Phase-out

31 December 1997.

Country: Uzbekistan

Sector

Sector

All energy sectors.

Level of government

National.

Description

Bulgaria has no laws regulating Transit of Energy Materials and Products. An overall restructuring is ongoing in the energy sector, including development of institutional framework, legislation and regulation.

Phase-out

The transitional period of 7 years is necessary to bring the legislation concerning the Transit of Energy Materials and Products in full compliance with this provision.

1 July 2001.

Country: Georgia

Sector

All energy sectors.

Level of government

National.

Description

It is necessary to prepare a set of laws on the matter. At present there are substantially different conditions for the transport and transit of various energy sources in Georgia (electric power, natural gas, oil products, coal).

Phase-out

1 January 1999.

Country: Hungary

Sector

Electricity industry.

Level of government

National.

Description

According to the current legislation establishment and operation of high-voltage transmission lines is a state monopoly.

The creation of the new legal and regulatory framework for establishment, operation and ownership of high-voltage transmission lines is under preparation.

The Ministry of Industry and Trade has already taken the initiative to put forward a new Act on Electricity Power, that will have its impact also on the Civil Code and on the Act on Concession. Compliance can be achieved after entering in force of the new law on Electricity and related regulatory decrees.

Phase-out

31 December 1996.

Country: Poland

Sector

All energy sectors.

‛ Each Contracting Party shall accord to Investments in its Area of Investors of another Contracting Party, and their related activities including management, maintenance, use, enjoyment or disposal, treatment no less favourable than that which it accords to Investments of its own Investors or of the Investors of any other Contracting Party or any third state and their related activities including management, maintenance, use, enjoyment or disposal, whichever is the most favourable. ’

Country: Bulgaria

Sector

All energy sectors.

Level of government

National.

Description

Foreign persons may not acquire property rights over land. A company with more than fifty per cent of foreign person's share may not acquire property right over agricultural land;

Foreigners and foreign legal persons may not acquire property rights over land except by way of inheritance according to the law. In this case they have to make it over;

A foreign person may aquire[lees: acquire] property rights over buildings, but without property rights over the land;

Foreign persons or companies with foreign controlling participation must obtain a permit before performing the following activities:

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

— acquisition of real estate in geographic regions designated by the Council of Ministers.

— The permits are issued by the Council of Ministers or by a body authorized by the Council of Ministers.

Phase-out

1 July 2001.

Article 14(1)d)

‛ Each Contracting Party shall with respect to Investments in its Area of Investors of any other Contracting Party guarantee the freedom of transfer into and out of its Area, including the transfer of:

unspent earnings and other remuneration of personnel engaged from abroad in connection with that Investment; ’

Country: Bulgaria

Sector

All energy sectors.

Level of government

National.

Description

Foreign nationals employed by companies with more than 50 per cent of foreign participation, or by a foreign person registered as sole trader or a branch or a representative office of a foreign company in Bulgaria, receiving their salary in Bulgarian leva, may purchase foreign currency not exeeding[lees: exceeding] 70 per cent of their salary, including social security payments.

Phase-out

1 July 2001.

Country: Hungary

Sector

All energy sectors.

Level of government

‛ Each Contracting Party shall ensure that if it establishes or maintains a state entity and entrusts the entity with regulatory, administrative or other governmental authority, such entity shall exercise that authority in a manner consistent with the Contracting Party's obligations under this Treaty. ’

Country: The Czech Republic

Sector

Uranium and nuclear industries.

Level of government

National.

Description

In order to deplete uranium ore reserves that are stocked by Administration of State Material Reserves, no imports of uranium ore and concentrates, including uranium fuel bundles containing uranium of non-Czech origin, will be licensed.

Phase-out

1 July 2001.

Toon alle voetnoten

Voetnoten

1).

Except products for use in civil aircraft.

2).

Covered by 7304 20 in the 1992 version.

2).

Covered by 7304 20 in the 1992 version.

2).

Covered by 7304 20 in the 1992 version.