(2)The text of any proposed amendment to this Protocol shall be communicated to Contracting Parties by the Secretariat at least three months before the date on which it is proposed for adoption by the Charter Conference.
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(3)Amendments to this Protocol, texts of which have been adopted by the Charter Conference, shall be communicated by the Secretariat to the Depositary which shall submit them to all Contracting Parties for ratification, acceptance or approval.
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(4)Instruments of ratification, acceptance or approval of amendments to this Protocol shall be deposited with the Depositary. Amendments shall enter into force between Contracting Parties having ratified, accepted or approved them on the thirtieth day after deposit with the Depositary of instruments of ratification, acceptance or approval by at least three‑fourths of the Contracting Parties. Thereafter the amendments shall enter into force for any other Contracting Party on the thirtieth day after that Contracting Party deposits its instrument of ratification, acceptance or approval of the amendments.
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ARTICLE 18ENTRY INTO FORCE
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(1)This Protocol shall enter into force on the thirtieth day after the date of deposit of the fifteenth instrument of ratification, acceptance or approval thereof, or of accession thereto, by a state or Regional Economic Integration Organization which is a signatory to the Charter and a Contracting Party to the Energy Charter Treaty or on the same date as the Energy Charter Treaty enters into force, whichever is later.
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(2)For each state or Regional Economic Integration Organization for which the Energy Charter Treaty has entered into force and which ratifies, accepts, or approves this Protocol or accedes thereto after the Protocol has entered into force in accordance with paragraph (1), the Protocol shall enter into force on the thirtieth day after the date of deposit by such state or Regional Economic Integration Organization of its instrument of ratification, acceptance, approval or accession.
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(3)For the purposes of paragraph (1), any instrument deposited by a Regional Economic Integration Organization shall not be counted as additional to those deposited by member states of such Organization.
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ARTICLE 19RESERVATIONS
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No reservations may be made to this Protocol.
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ARTICLE 20WITHDRAWAL
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(1)At any time after this Protocol has entered into force for a Contracting Party, that Contracting Party may give written notification to the Depositary of its withdrawal from the Protocol.
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(2)Any Contracting Party which withdraws from the Energy Charter Treaty shall be considered as also having withdrawn from this Protocol.
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(3)The effective date of withdrawal under paragraph (1) shall be ninety days after receipt of notification by the Depositary. The effective date of withdrawal under paragraph (2) shall be the same as the effective date of withdrawal from the Energy Charter Treaty.
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ARTICLE 21DEPOSITARY
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The Government of the Portuguese Republic shall be the Depositary of this Protocol.
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ARTICLE 22AUTHENTIC TEXTS
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In witness whereof the undersigned, being duly authorized to that effect, have signed this Protocol in English, French, German, Italian, Russian and Spanish, of which every text is equally authentic, in one original, which will be deposited with the Government of the Portuguese Republic.
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Done at Lisbon on the seventeenth day of December in the year one thousand nine hundred and ninety‑four.
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ANNEX ILLUSTRATIVE AND NON‑EXHAUSTIVE LIST OF POSSIBLE AREAS OF COOPERATION PURSUANT TO ARTICLE 9 Development of energy efficiency programmes, including identifying energy efficiency barriers and potentials, and the development of energy labelling and efficiency standards;
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Assessment of the Environmental Impacts of the Energy Cycle;
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Development of economic, legislative and regulatory measures;
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Technology transfer, technical assistance and industrial joint ventures subject to international property rights regimes and other applicable international agreements;
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Research and development;
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Education, training, information and statistics;
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Identification and assessment of measures such as fiscal or other market‑based instruments, including tradeable permits to take account of external, notably environmental, costs and benefits.
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Energy analysis and policy formulation:
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–assessment of energy efficiency potentials;
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–energy demand analysis and statistics;
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–development of legislative and regulatory measures;
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–integrated resource planning and demand side management;
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–Environmental Impact assessment, including major energy projects.
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Evaluation of economic instruments for Improving Energy Efficiency and environmental objectives.
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Energy efficiency analysis in refining, conversion, transport and distribution of hydro‑carbons.
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Improving Energy Efficiency in power generation and transmission:
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–cogeneration;
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–plant component (boilers, turbines, generators, etc);
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–network integration.
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Improving Energy Efficiency in the building sector:
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–thermal insulation standards, passive solar and ventilation;
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–space heating and air conditioning systems;
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–high efficiency low NOx burners;
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–metering technologies and individual metering;
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–domestic appliances and lighting.
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Municipalities and local community services:
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–district heating systems;
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–efficient gas distribution systems;
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–energy planning technologies;
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–twinning of towns or of other relevant territorial entities;
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–energy management in cities and in public buildings;
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–waste management and energy recovery of waste.
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Improving Energy Efficiency in the industrial sector:
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–joint ventures;
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–energy cascading, cogeneration and waste heat recovery;
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–energy audits.
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Improving Energy Efficiency in the transport sector:
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–motor vehicle performance standards;
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–development of efficient transport infrastructures.
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Information:
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–awareness creation;
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–data bases: access, technical specifications, information systems;
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–dissemination, collection and collation of technical information;
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–behavioural studies.
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Training and education:
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–exchanges of energy managers, officials, engineers and students;
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–organization of international training courses.
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Financing:
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–development of legal framework;
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–Third Party Financing;
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–joint ventures;
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–co‑financing.
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Annex 2 DECISIONS WITH RESPECT TO THE ENERGY CHARTER TREATY DECISIONS WITH RESPECT TO THE ENERGY CHARTER TREATY The European Energy Charter Conference has adopted the following Decisions:
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1.With respect to the Treaty as a whole In the event of a conflict between the treaty concerning Spitsbergen of 9 February 1920 (the Svalbard Treaty) and the Energy Charter Treaty, the treaty concerning Spitsbergen shall prevail to the extent of the conflict, without prejudice to the positions of the Contracting Parties in respect of the Svalbard Treaty. In the event of such conflict or a dispute as to whether there is such conflict or as to its extent, Article 16 and Part V of the Energy Charter Treaty shall not apply.
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2.With respect to Article 10(7) The Russian Federation may require that companies with foreign participation obtain legislative approval for the leasing of federally‑owned property, provided that the Russian Federation shall ensure without exception that this process is not applied in a manner which discriminates among Investments of Investors of other Contracting Parties.
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3.With respect to Article 14
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(1)The term \"freedom of transfer\" in Article 14(1) does not preclude a Contracting Party (hereinafter referred to as the \"Limiting Party\") from applying restrictions on movement of capital by its own Investors, provided that: (a) such restrictions shall not impair the rights granted under Article 14(1) to Investors of other Contracting Parties with respect to their Investments; (b) such restrictions do not affect Current Transactions; and (c) the Contracting Party ensures that Investments in its Area of the Investors of all other Contracting Parties are accorded, with respect to transfers, treatment no less favourable than that which it accords to Investments of Investors of any other Contracting Party or of any third state, whichever is the most favourable.
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(2)This Decision shall be subject to examination by the Charter Conference five years after entry into force of the Treaty, but not later than the date envisaged in Article 32(3).
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(3)No Contracting Party shall be eligible to apply such restrictions unless it is a Contracting Party which is a state that was a constituent part of the former Union of Soviet Socialist Republics, which has notified the provisional Secretariat in writing no later than 1 July 1995 that it elects to be eligible to apply restrictions in accordance with this Decision.
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(4)For the avoidance of doubt, nothing in this Decision shall derogate, as concerns Article 16, from the rights hereunder of a Contracting Party, its Investors or their Investments, or from the obligations of a Contracting Party.
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(5)For the purposes of this Decision: \"Current Transactions\" are current payments connected with the movement of goods, services or persons that are made in accordance with normal international practice, and do not include arrangements which materially constitute a combination of a current payment and a capital transaction, such as deferrals of payments and advances which is meant to circumvent respective legislation of the Limiting Party in the field.
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4.With respect to Article 14(2) Without prejudice to the requirements of Article 14 and its other international obligations, Romania shall endeavour during the transition to full convertibility of its national currency to take appropriate steps to improve the efficiency of its procedures for the transfers of Investment Returns and shall in any case guarantee such transfers in a Freely Convertible Currency without restriction or a delay exceeding six months. Romania shall ensure that Investments in its Area of the Investors of all other Contracting Parties are accorded, with respect to transfers, treatment no less favourable than that which it accords to Investments of Investors of any other Contracting Party or of any third state, whichever is the most favourable.
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5.With respect to Articles 24(4)(a) and 25 An Investment of an Investor referred to in Article 1(7)(a)(ii), of a Contracting Party which is not party to an EIA or a member of a free‑trade area or a customs union, shall be entitled to treatment accorded under such EIA, free‑trade area or customs union, provided that the Investment: (a) has its registered office, central administration or principal place of business in the Area of a party to that EIA or member of that free‑trade area or customs union; or (b) in case it only has its registered office in that Area, has an effective and continuous link with the economy of one of the parties to that EIA or member of that free‑trade area or customs union.