Act of the

ternational Conference and Decision by the Energy Charter Conference

respect of the amendment to the trade-related provisions of the Energy Charter Treaty - Joint Declarations - Annex I: Amendment to the Trade-Related Provisions of the Energy Charter Treaty - Annex II: Decisions

connection with the Adoption of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty Official Journal L 252 , 12/09/1998 P. 0023 - 0046 Dates: of document: 24/04/1998 of effect: 23/07/1998; Implementation See Art 6; See 398D0537 of effect: 00/00/0000; Entry

to force See 294A1231

ternational conference ; trade policy ;

ternational charter ; GATT ; World Trade Organization Legal basis: 192E113................... Adoption 192E228-P2F1.............. Adoption 398D0181-A3P2............. Adoption Amendment to: 294A1231

TERNATIONAL CONFERENCE AND DECISION BY THE ENERGY CHARTER CONFERENCE

RESPECT OF THE AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE ENERGY CHARTER TREATY FINAL ACT OF THE

TERNATIONAL CONFERENCE AND DECISION OF THE ENERGY CHARTER CONFERENCE I. Between 17 December 1994 and 18 December 1997 the Provisional Energy Charter Conference met to negotiate an amendment to the trade-related provisions of the Energy Charter Treaty. A Conference to adopt the amendment was held at Brussels on 23 and 24 April 1998. Representatives of the Republic of Albania, the Republic of Armenia, Australia, the Republic of Austria, the Azerbaijani Republic, the Kingdom of Belgium, the Republic of Belarus, Bosnia and Herzegovina, the Republic of Bulgaria, the Republic of Croatia, the Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, the European Communities, the Republic of Finland, the French Republic, the Republic of Georgia, the Federal Republic of Germany, the Hellenic Republic, the Republic of Hungary, the Republic of Iceland, Ireland, the Italian Republic, Japan, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Latvia, the Principality of Liechtenstein, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Republic of Moldova, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, Romania, the Russian Federation, the Slovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the Swiss Confederation, the Republic of Tajikistan, the former Yugoslav Republic of Macedonia, the Republic of Turkey, Turkmenistan, Ukraine, the United Kingdom of Great Britain and Northern Ireland and the Republic of Uzbekistan (hereinafter referred to as 'the representatives`) participated

the Conference, as did

vited observers from certain countries and

ternational organizations. II. The Energy Charter Conference, which was definitively established on the entry

to force on 16 April 1998 of the Energy Charter Treaty 1994, also met on 23 and 24 April 1998 to consider adoption of the amendment to the Trade-Related Provisions of the Energy Charter

accordance with the provisions of the Energy Charter Treaty. AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE ENERGY CHARTER TREATY III. The text of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty (hereinafter referred to as the 'Amendment`) which is set out

Annex I and Decisions with respect thereto which are set out

Annex II were adopted

accordance with the modalities of the

ternational conference called for this purpose and under the Energy Charter Treaty

accordance with the procedure provided for

the Treaty. UNDERSTANDINGS IV. The following understandings with respect to the Amendment were adopted: 1. understanding with respect to Article 29

Annex W(A)

crease

customs duties or other charges of any kind imposed on or

connection with importation or exportation referred to

the first sentence of that paragraph, is entitled to seek consultations

the Charter Conference. 2. understanding with respect to Article 29

the case of a signatory, not a member of the WTO, which is listed

Annexes BR or BRQ or both, any concession offered formally

the process of its accession to the WTO with respect to energy materials or products listed

Annex EM II or energy-related equipment listed

Annex EQ II shall, for the purpose of this Article, be regarded as a commitment under the WTO. 3. understanding with respect to Articles 29

tellectual property rights Signatories confirm their commitment to provide effective protection of

tellectual property rights following the highest

ternational standards.

tellectual property rights

clude for the purpose of this declaration

particular copyright and related rights (

cluding computer programmes and data bases), trademarks, geographical

dications, patents, designs, topographies of semiconductor products and undisclosed

formation. Joint declaration by the Russian Federation and the European Union The Russian Federation has raised the issue of trade

nuclear materials. The Russian Federation and the EU agreed that the partnership and cooperation agreement between the Russian Federation, the European Union and its Member States, which entered

to force on 1 December 1997, is the appropriate framework to deal with this issue, as confirmed

the conclusions of 27 January 1998 Cooperation Council. ANNEX I AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE ENERGY CHARTER TREATY Article 1 Article 29 of the Treaty shall be replaced by the following text: 'Article 29

terim provisions on trade-related matters 1. The provisions of this Article shall apply to trade

energy materials and products and energy-related equipment while any Contracting Party is not a member of the WTO. 2. (a) Trade

energy materials and products and energy-related equipment between Contracting Parties at least one of which is not a member of the WTO shall be governed, subject to subparagraph (b) and to the exceptions and rules provided for

Annex W, by the provisions of the WTO Agreement, as applied and practised with regard to energy materials and products and energy-related equipment by members of the WTO among themselves, as if all Contracting Parties were members of the WTO; (b) Such trade of a Contracting Party which is a State that was a constituent part of the former Union of Soviet Socialist Republics may

stead be governed, subject to the provisions of Annex TFU, by an agreement between two or more such States, until 1 December 1999 or the admission of that Contracting Party to the WTO, whichever is the earlier; 3. (a) Each signatory to this Treaty, and each State or regional economic

tegration organisation acceding to this Treaty before 24 April 1998, shall on the date of its signature or of its deposit of its

strument of accession provide to the Secretariat a list of all customs duties and charges of any kind imposed on or

connection with importation or exportation of energy materials and products, notifying the level of such customs duties and charges applied on such date of signature or deposit. Each signatory to this Treaty, and each State or regional economic

tegration organisation acceding to this Treaty before 24 April 1998, shall on that date provide to the Secretariat a list of all customs duties and charges of any kind imposed on or

connection with importation or exportation of energy-related equipment, notifying the level of such customs duties and charges applied on that date; (b) Each State or regional economic

tegration organisation acceding to this Treaty on or after 24 April 1998, shall, on the date of its deposit of its

strument of accession, provide to the Secretariat a list of all customs duties and charges of any kind imposed on or

connection with importation or exportation of energy materials and products and energy-related equipment, notifying the level of such customs duties and charges applied on such date of deposit. Any changes to such customs duties or charges of any kind imposed on or

connection with importation or exportation shall be notified to the Secretariat, which shall

form the Contracting Parties of such changes. 4. Each Contracting Party shall endeavour not to

crease any customs duty or charge of any kind imposed on or

connection with importation or exportation: (a)

the case of the importation of energy materials and products listed

Annex EM I or energy-related equipment listed

Annex EQ I and described

Part I

of the Schedule relating to the Contracting Party referred to

Article II of the GATT 1994, above the level set forth

that Schedule, if the Contracting Party is a member of the WTO; (b)

the case of the exportation of energy materials and products listed

Annex EM I or energy-related equipment listed

Annex EQ I, and that of their importation if the Contracting Party is not a member of the WTO, above the level most recently notified to the Secretariat, except as permitted by the provisions made applicable by subparagraph

crease such customs duty or other charge above the level referred to

paragraph

case of a customs duty or other charge imposed on or

connection with importation, such action is not

consistent with the applicable provisions of the WTO Agreement, other than those provisions of the WTO Agreement listed

Annex W; or (b) it has, to the fullest extent practicable under its legislative procedures, notified the Secretariat of its proposal for such an

crease, given other

terested Contracting Parties reasonable opportunity for consultation with respect to its proposal, and accorded consideration to any representations from such Contracting Parties. 6.

respect of trade between Contracting Parties at least one of which is not a member of the WTO, no such Contracting Party shall

crease any customs duty or charge of any kind imposed on or

connection with importation or exportation of energy materials and products listed

Annex EM II or energy-related equipment listed

Annex EQ II above the lowest of the levels applied on the date of the decision by the Charter Conference to list the particular item

the relevant Annex. A Contracting Party may

crease such customs duty or other charge above that level only if: (a)

case of a customs duty or other charge imposed on or

connection with importation, such action is not

consistent with the applicable provisions of the WTO Agreement, other than those provisions of the WTO Agreement listed

Annex W; or (b)

exceptional circumstances not elsewhere provided for

this Treaty, the Charter Conference decides to waive the obligation otherwise imposed on a Contracting Party by this paragraph, consenting to an

crease

a customs duty, subject to any conditions the Charter Conference may impose. 7. Notwithstanding paragraph 6,

the case of trade referred to

that paragraph, Contracting Parties listed

Annex BR

respect of energy materials and products listed

Annex EM II, or

Annex BRQ

respect of energy-related equipment listed

Annex EQ II, shall not

crease any customs duty or other charge above the level resulting from their commitments or any provisions applicable to them under the WTO Agreement. 8. Other duties and charges imposed on or

connection with importation or exportation of energy materials and products or energy-related equipment shall be subject to the provisions of the understanding on the

terpretation of Article II: 1(

1. b)of the GATT 1994 as modified according to Annex W. 9. Annex D shall apply: (
2. a)to disputes regarding compliance with provisions applicable to trade under this Article; (
3. b)to disputes regarding the application by a Contracting Party of any measure, whether or not it conflicts with the provisions of this Article, which is considered by another Contracting Party to nullify or impair any benefit accruing to it directly or

directly under this Article; and (

1. c)unless the Contracting Parties parties to the dispute agree otherwise, to disputes regarding compliance with Article 5 between Contracting Parties at least one of which is not a member of the WTO; except that Annex D shall not apply to any dispute between Contracting Parties, the substance of which arises under an agreement that:(
2. i)has been notified

accordance with and meets the other requirements of subparagraph

Article XXIV of the GATT 1994.` Article 2 The Treaty shall be amended as follows:

the Preamble, paragraph 7, replace 'General Agreement on Tariffs and Trade and its Related

struments` with 'Agreement Establishing the World Trade Organisation`.

the Preamble, paragraph 8, replace 'related equipment` with 'energy-related equipment`.

the Preamble, paragraph 9, replace 'General Agreement on Tariffs and Trade` and 'parties thereto` with 'World Trade Organisation` and 'members thereof`.

the Preamble, paragraph 10, replace 'parties to the General Agreement on Tariffs and Trade and its Related

struments` with 'members of the World Trade Organisation`.

Article 1, replace the text of paragraph

cluded

Annexes EM I or EM II.`

Article 1

, after the text of paragraph 4

sert: '4a. "energy-related equipment", based on the Harmonised System of the World Customs Organisation, means the items

cluded

Annexes EQ I or EQ II.`

Article 1

, replace the text of paragraph 11 with: '11.(

1. a)"WTO" means the World Trade Organisation established by the Agreement Establishing the World Trade Organisation; (
2. b)"WTO Agreement" means the Agreement Establishing the World Trade Organisation, its Annexes and the decisions, declarations and understandings related thereto, as subsequently rectified, amended and modified from time to time; (
3. c)"GATT 1994" means the General Agreement on Tariffs and Trade as specified

Annex 1A to the Agreement Establishing the World Trade Organisation, as subsequently rectified, amended or modified from time to time.`

Article 3

, after 'energy materials and products`

sert 'and energy-related equipment`.

Article 4

, title, replace 'GATT and related

struments` with 'WTO Agreement` and

the text of Article 4, replace 'parties to the GATT` with 'members of the WTO` and replace 'GATT and related

struments` with 'WTO Agreement`.

Article 5

, paragraph 1,

sert '1994` following 'Articles III and XI of the GATT` and replace 'GATT and related

struments` with 'WTO Agreement`

Article 14

, paragraph 6, replace 'GATT and related

struments` with 'WTO Agreement`.

Article 20

, paragraph 1, replace 'GATT and relevant related

struments` with 'WTO Agreement` and after 'energy materials and products`

sert 'energy-related equipment`.

Article 21, paragraph 4, replace 'Article 29

Article 25

, paragraph 3, replace 'GATT and related

struments` with 'WTO Agreement`.

Article 34

, paragraph 3, add after subparagraph (m): '(n) consider and approve the listing of signatories

Annexes BR or BRQ or

both these Annexes; (o) consider and approve the addition of items to Annex EM II from Annex EM I with the corresponding deletion of those items from Annex EM I and consider and approve the addition of items to Annex EQ II from Annex EQ I with the corresponding deletion of those items from Annex EQ I; `.

Article 34

, paragraph 3, replace the denomination of subparagraph '(n)` with subparagraph '(p)`.

Article 36

Article 36

,

paragraph 1, after subparagraph (

1. f)add: '(
2. g)approve the addition of items to Annex EM II from Annex EM I with the corresponding deletion of those items from Annex EM I and approve the addition of items to Annex EQ II from Annex EQ I with the corresponding deletion of those items from Annex EQ I.`

Article 36

, paragraph 4, replace '(f)` with '(g)`.

the 'Table of Contents` of Annexes to the Energy Charter Treaty, rename 'Annex EM` as 'Annex EM I`,

sert as 2 to 4 the additional Annexes 'Annex EM II energy materials and products (

accordance with Article 1

accordance with Article 1

accordance with Article 1

9. Annex G, replace 'GATT and related

struments` with 'WTO Agreement`, and rename 'Annex G` as 'Annex W`. Renumber Annexes 2 to 10 as Annexes 5 to 13.

sert as 14 and 15 the additional Annexes 'Annex BR list of contracting Parties which shall not

crease any customs duty or other charge above the level resulting from their commitments or any provisions applicable to them under the WTO Agreement (

accordance with Article 29

crease any customs duty or other charge above the level resulting from their commitments or any provisions applicable to them under the WTO Agreement (

accordance with Article 29

respect of Annex D, replace '(

accordance with Article 29

accordance with Article 29

Annex EM, rename 'EM` as 'EM I`.

Annex TRM, paragraph

paragraph

Annex TFU, paragraphs

struments` with 'WTO Agreement`. Article 3 Annex D of the Treaty shall be amended as follows:

the heading replace '(

accordance with Article 29

accordance with Article 29

directly under the provisions applicable to trade under Article 29.`

paragraph 1(b), at the end of the first sentence, delete the period and

sert thereafter following '29`: ', or any measure that might nullify or impair any benefit accruing to a Contracting Party directly or

directly under the provisions applicable to trade under Article 29.`, and

the second sentence, replace 'GATT and related

struments` with 'WTO Agreement`.

paragraph 1(d),

sert after the comma before 'the Contracting Parties`: 'or to nullify or impair any benefit accruing to it directly or

directly under the provisions applicable to trade under Article 29,`.

paragraph 2(a), second sentence, replace 'GATT and related

struments` with 'WTO Agreement`.

paragraph 3(a), second sentence, replace 'GATT and related

struments` with 'WTO Agreement`, and replace the penultimate sentence with: 'Panels shall be guided by the

terpretations 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.`

paragraph 4(b), first sentence, replace 'GATT or a related

strument` with 'WTO Agreement`.

paragraph 5(c), replace 'GATT or related

struments` with 'WTO Agreement`.

paragraph 7, first sentence, replace 'party to the GATT`, with 'member of the WTO` and replace 'panellists currently nominated for the purpose of GATT dispute panels` with: 'persons whose names appear on the

dicative list of governmental and non-governmental

dividuals, referred to

Article 8

of the understanding on rules and procedures governing the settlement of disputes contained

Annex 2 to the WTO Agreement or who have

the past served as panellists on a GATT or WTO dispute settlement panel.` Add after paragraph 9: '10. Where a Contracting Party

vokes Articles 29

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

directly 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,

such a case the panel shall recommend that the Contracting Party concerned make a mutually satisfactory adjustment; (c) the arbitral panel provided for

paragraph

accordance with Article 29

goods: (i) General Agreement on Tariffs and Trade 1994 >TABLE POSITION> Understanding on the

terpretation of Article II: 1(b) of the GATT 1994 >TABLE POSITION> Understanding on the

terpretation of Article XVII of the GATT 1994 >TABLE POSITION> Understanding on the balance-of-payments provisions of the GATT 1994 >TABLE POSITION> Understanding on the

terpretation of Article XXIV of the GATT 1994 All except paragraph 13 Understanding

Respect of Waivers of Obligations under the GATT 1994 >TABLE POSITION> Understanding on the

terpretation of Article XXVIII of the GATT 1994 Marrakesh Protocol to the GATT 1994 (

1. ii)Agreement on agriculture; (iii) Agreement on the application of sanitary and phytosanitary measures; (
2. iv)Agreement on textiles and clothing; (
3. v)Agreement on technical barriers to trade. Preamble (paragraphs 1, 8, 9) >TABLE POSITION> (
4. vi)Agreement on Trade-related

vestment measures; (vii) Agreement on implementation of Article VI of the GATT 1994 (Anti-dumping) >TABLE POSITION> (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

ternational trade of developing countries". >TABLE POSITION> (ix) Agreement on preshipment

spection Preamble, paragraphs 2 and 3 >TABLE POSITION> (x) Agreement on rules of origin Preamble, eighth

dent >TABLE POSITION> (

1. xi)Agreement on Import Licensing Procedures >TABLE POSITION> (xii) Agreement on subsidies and countervailing measures >TABLE POSITION> (xiii) Agreement on safeguards >TABLE POSITION> (
2. b)Annex 1B to the WTO Agreement: General Agreement on trade

services (c) Annex 1C to the WTO Agreement: Agreement on trade-related aspects of

tellectual property rights (

1. d)Annex 2 to the WTO Agreement: Understanding on rules and procedures governing the settlement of disputes (
2. e)Annex 3 to the WTO Agreement: Trade policy review mechanism (
3. f)Annex 4 to the WTO Agreement: Plurilateral trade agreements:(
4. i)Agreement on trade

civil aircraft; (

1. ii)Agreement on government procurement (
2. g)Ministerial decisions, declarations and understanding:(
3. i)Decision on measures

favour of least-developed countries; (ii) Declaration on the contribution of the WTO to achieving greater coherence

global economic policy making; (iii) Decision on notification procedures; (

1. iv)Declaration on the relationship of the WTO with the IMF ; (
2. v)Decision on measures concerning the possible negative effects of the reform programme on least-developed and net food-importing developing countries; (
3. vi)Decision on notification of first

tegration under Article 2.6 of the Agreement on textiles and clothing; (vii) Decision on review of the ISO/IEC

formation centre publication; (viii) Decision on proposed understanding on WTO-ISO standards

formation system; (

1. ix)Decision on anti-circumvention; (
2. x)Decision on review of Article 17.6 of the Agreement on implementation of Article VI of the GATT 1994 ; (
3. 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

stitutional arrangements for the GATS; (xv) Decision on certain dispute settlement procedures for the GATS; (xvi) Decision on trade

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

financial services; (xxvi) Decision on the acceptance of and accession to the agreement establishing the WTO; (xxvii) Decision on trade and environment; (xviii) Decision on organisational 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

the WTO Agreement which relate to: (

1. 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; (
2. b)the establishment or operation of specialist committees and other subsidiary

stitutions; (c) signature, accession, entry

to force, withdrawal, deposit and registration. 3. All agreements, arrangements, decisions, understandings or other joint action pursuant to the provisions listed as not applicable

paragraphs 1 or

2. Trade

nuclear materials may be governed by agreements referred to

the Declarations related to this paragraph contained

the Final Act of the European Energy Charter Conference. B. Rules governing the application of provisions of the WTO Agreement 1.

the absence of a relevant

terpretation of the WTO Agreement adopted by the Ministerial Conference or the General Council of the World Trade Organisation under paragraph 2 of Article IX of the WTO Agreement concerning provisions applicable under Article 29

terpretation. 2. Requests for waivers under Article 29

carrying out these duties, the procedures of paragraphs 3 and 4 of Article IX of the WTO Agreement. 3. Waivers of obligations

force

the WTO shall be considered

force for the purposes of Article 29 while they remain

force

the WTO. 4. The provisions of Article II of the GATT 1994 which have not been disapplied shall, without prejudice to Article 29

Annex EM II and energy-related equipment listed

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

connection with importation or exportation,

excess of those imposed on the date of the standstill referred to

Article 29

force

the importing or exporting territory on the date referred to

Article 29

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

ternal tax imposed consistently with the provisions of paragraph 2 of Article III of GATT 1994

respect of the like domestic product or

respect of an article from which the imported product has been manufactured or produced

whole or

part; (

1. b)any anti-dumping or countervailing duty applied consistently with the provisions of Article VI of GATT 1994; (
2. 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

Article 29

effect, as monopoly of the importation or exportation of any energy material or product listed

Annex EM II or

respect of energy-related equipment listed

EQ II, such monopoly shall not operate so as to afford protection on the average

excess of the amount of protection permitted by the standstill obligation provided for

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

Article 29

volved cannot be classified under the tariff laws of such Contracting Party so as to permit the treatment contemplated

this Treaty, the two Contracting Parties, together with any other Contracting Parties substantially

terested, shall enter promptly

to further negotiations with a view to a compensatory adjustment of the matter; (vi) (a) The specific duties and charges

cluded

the Tariff Record relating to the Contracting Parties members of the

ternational Monetary Fund, and margins of preference

specific duties and charges maintained by such Contracting Parties, are expressed

the appropriate currency at the par value accepted or provisionally recognised by the Fund at the date of the standstill referred to

Article 29(6), first sentence, or under Article 29(7).

Accordingly,

case this par value is reduced consistently with the Articles of Agreement of the

ternational Monetary Fund by more than twenty per cent, 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

Article 29

this Treaty, due account being taken of all factors which may

fluence 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

to a special exchange agreement

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

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

troduction of a loose-leaf system for the schedules of tariff concessions" (BISD 27S/24) shall not be applicable under Article 29

terpretation of Article II:1(b) of the GATT 1994 shall, without prejudice to Article 29

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

Annex EM II or energy-related equipment listed

Annex EQ II with respect to their importation or exportation, as referred to

that provision, shall be recorded

the tariff record at the levels applying at the date of the standstill referred to

Article 29

respect of all energy materials and products listed

Annex EM II and energy-related equipment listed

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

Article 29

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

to 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

Article 29

the tariff record is without prejudice to their consistency with rights and obligations under GATT 1994 other than those affected by subparagraph (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

scribed

the Schedule" or to "bound duties", there shall be substituted "the level of customs duties and charges of any kind permitted under Article 29

to force of the WTO Agreement (or an analogous phrase) as the reference date for an action, there shall be substituted the date of entry

to force of the Amendment to the trade-related provisions of this Treaty adopted by the Charter Conference on 24 April

2. With respect to notifications required by the provisions made applicable by Article 29

one of the authentic languages of this Treaty. The accompanying documents may be solely

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

terpretations 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

sofar as they

terpret provisions applicable under Article 29

sofar as they amend or relate to provisions applicable under Article 29

clude 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)

terpretations, amendments, or new

struments adopted by the WTO, other than the

terpretations and amendments applied under paragraphs (

1. a)and (
2. b)shall not apply.` Article 5 The following Annexes shall be

serted

the Annexes to the Treaty: '2. Annex EM II ENERGY MATERIALS AND PRODUCTS (

accordance with Article 1

accordance with Article 1

cluded to

dicate that the product description referred to does not exhaust the entire range of products within the World Customs Organisation Nomenclature headings or the Harmonised System codes listed below. >TABLE POSITION> `.'4. Annex EQ II LIST OF ENERGY-RELATED EQUIPMENT (

accordance with Article 1

CREASE ANY CUSTOMS DUTY OR OTHER CHARGE ABOVE THE LEVEL RESULTING FROM THEIR COMMITMENTS OR ANY PROVISIONS APPLICABLE TO THEM UNDER THE WTO AGREEMENT (

accordance with Article 29

CREASE ANY CUSTOMS DUTY OR OTHER CHARGE ABOVE THE LEVEL RESULTING FROM THEIR COMMITMENTS OR ANY PROVISIONS APPLICABLE TO THEM UNDER THE WTO AGREEMENT (

accordance with Article 29

accordance with Article 45

to force for such signatory or Contracting Party to the extent that such provisional application is not

consistent with its constitution, laws or regulations. 2. (a) Notwithstanding paragraph

accordance with Article 45

paragraph

accordance with subparagraph (a) nor

vestors of that signatory or Contracting Party may claim the benefits of provisional application under paragraph

tention not to ratify, accept or approve this amendment. Termination of provisional application for any signatory or Contracting Party shall take effect on the expiration of 60 days from the date on which such signatory's or Contracting Party's written notification is received by the Depositary. Any signatory which terminates its provisional application of the Energy Charter Treaty

accordance with Article 45

connection with the adoption of this amendment is an

tegral part of the Energy Charter Treaty. ANNEX II DECISIONS

CONNECTION WITH THE ADOPTION OF THE AMENDMENT TO THE TRADE-RELATED PROVISIONS OF THE ENERGY CHARTER TREATY 1. A signatory which does not apply the amendment adopted on 24 April 1998 provisionally may at the time that it takes action to apply that amendment, whether on a definitive or a provisional basis, notify the secretariat

writing that until it is listed

Annexes BR and BRQ, it will apply the amendment as if all items of energy materials and products and of energy-related equipment continued to be listed

Annexes EM I and EQ I. The amendment shall apply accordingly to such a signatory. Any signatory may at any time withdraw the notification referred to above

writing to the secretariat. 2. The final provisions of the amendment shall be based on Part VIII,

particular Article 42, of the Energy Charter Treaty so far as relevant.