European Energy Charter

 

ARTICLE 31

ENERGY-RELATED EQUIPMENT

The provisional Charter Conference shall at its first meeting commence
examination of the inclusion of energy-related equipment in the trade provisions
of this Treaty. ARTICLE 32

TRANSITIONAL ARRANGEMENTS

(1) In recognition of the need for time to adapt to the requirements of a market
economy, a Contracting Party listed in Annex T may temporarily suspend full
compliance with its obligations under one or more of the following provisions of
this Treaty, subject to the conditions in paragraphs (3) to (6):

Article 6(2) and (5)

Article 7(4)

Article 9(1)

Article 10(7) — specific measures

Article 14(1)(d) — related only to transfer of unspent earnings

Article 20(3)

Article 22(1) and (3)

(2) Other Contracting Parties shall assist any Contracting Party which
has suspended full compliance under paragraph (1) to achieve the conditions
under which such suspension can be terminated. This assistance may be given in
whatever form the other Contracting Parties consider most effective to respond
to the needs notified under subparagraph (4)(c) including, where appropriate,
through bilateral or multilateral arrangements.

(3) The applicable provisions, the stages towards full implementation of each,
the measures to be taken and the date or, exceptionally, contingent event, by
which each stage shall be completed and measure taken are listed in Annex T for
each Contracting Party claiming transitional arrangements. Each such
Contracting Party shall take the measure listed by the date indicated for the
relevant provision and stage as set out in Annex T. Contracting Parties which
have temporarily suspended full compliance under paragraph (1) undertake to
comply fully with the relevant obligations by 1 July 2001. Should a Contracting
Party find it necessary, due to exceptional circumstances, to request that the
period of such temporary suspension be extended or that any further temporary
suspension not previously listed in Annex T be introduced, the decision on a
request to amend Annex T shall be made by the Charter Conference.

(4) A Contracting Party which has invoked transitional arrangements shall notify
the Secretariat no less often than once every 12 months:

(a) of the implementation of any measures listed in its Annex T and of its
general progress to full compliance;

(b) of the progress it expects to make during the next 12 months towards full
compliance with its obligations, of any problem it foresees and of its proposals
for dealing with that problem; (c) of the need for technical assistance to facilitate completion of the
stages set out in Annex T as necessary for the full implementation of this
Treaty, or to deal with any problem notified pursuant to subparagraph (b) as
well as to promote other necessary market-oriented reforms and modernization of
its energy sector;

(d) of any possible need to make a request of the kind referred to in
paragraph (3).

(5) The Secretariat shall:

(a) circulate to all Contracting Parties the notifications referred to in
paragraph (4);

(b) circulate and actively promote, relying where appropriate on arrangements
existing within other International Organizations , the matching of needs for and
offers of technical assistance referred to in paragraph (2) and subparagraph
(4)(c);

(c) circulate to all Contracting Parties at the end of each six month period
a summary of any notifications made under subparagraph (4)(a) or (d).

(6) The Charter Conference shall annually review the progress by Contracting
Parties towards implementation of the provisions of this Article and the
matching of needs and offers of technical assistance referred to in paragraph
(2) and subparagraph (4)(c). In the course of that review it may decide to take
appropriate action.

PART VII

STRUCTURE AND INSTITUTIONS

ARTICLE 33

ENERGY CHARTER PROTOCOLS AND DECLARATIONS

(1) The Charter Conference may authorize the negotiation of a number of Energy
Charter Protocols or Declarations in order to pursue the objectives and
principles of the Charter.

(2) Any signatory to the Charter may participate in such negotiation.

(3) A state or Regional Economic Integration Organization shall not become a
party to a Protocol or Declaration unless it is, or becomes at the same time, a
signatory to the Charter and a Contracting Party to this Treaty.

(4) Subject to paragraph (3) and subparagraph (6)(a), final provisions
applying to a Protocol shall be defined in that Protocol.

(5) A Protocol shall apply only to the Contracting Parties which consent to be
bound by it, and shall not derogate from the rights and obligations of those
Contracting Parties not party to the Protocol.

(6) (a) A Protocol may assign duties to the Charter Conference and functionsto the Secretariat, provided that no such assignment may be made by an amendment
to a Protocol unless that amendment is approved by the Charter Conference, whose
approval shall not be subject to any provisions of the Protocol which are
authorized by subparagraph (b).

(b) A Protocol which provides for decisions thereunder to be taken by the
Charter Conference may, subject to subparagraph (a), provide with respect to
such decisions:

(i) for voting rules other than those contained in Article 36;

(ii) that only parties to the Protocol shall be considered to be Contracting
Parties for the purposes of Article 36 or eligible to vote under the rules
provided for in the Protocol.

ARTICLE 34

ENERGY CHARTER CONFERENCE

(1) The Contracting Parties shall meet periodically in the Energy Charter
Conference (referred to herein as the “Charter Conference”) at which each
Contracting Party shall be entitled to have one representative. Ordinary
meetings shall be held at intervals determined by the Charter Conference.

(2) Extraordinary meetings of the Charter Conference may be held at such times
as may be determined by the Charter Conference, or at the written request of any
Contracting Party, provided that, within six weeks of the request being
communicated to the Contracting Parties by the Secretariat, it is supported by
at least one-third of the Contracting Parties.

(3) The functions of the Charter Conference shall be to:

(a) carry out the duties assigned to it by this Treaty and any Protocols;

(b) keep under review and facilitate the implementation of the principles of
the Charter and of the provisions of this Treaty and the Protocols;

(c) facilitate in accordance with this Treaty and the Protocols the
coordination of appropriate general measures to carry out the principles of the
Charter;

(d) consider and adopt programmes of work to be carried out by the
Secretariat;

(e) consider and approve the annual accounts and budget of the Secretariat;

(f) consider and approve or adopt the terms of any headquarters or other
agreement, including privileges and immunities considered necessary for the
Charter Conference and the Secretariat;

(g) encourage cooperative efforts aimed at facilitating and promoting
market-oriented reforms and modernization of energy sectors in those countries
of Central and Eastern Europe and the former Union of Soviet Socialist Republics
undergoing economic transition; (h) authorize and approve the terms of reference for the negotiation of
Protocols, and consider and adopt the texts thereof and of amendments thereto;

(i) authorize the negotiation of Declarations, and approve their issuance;

(j) decide on accessions to this Treaty;

(k) authorize the negotiation of and consider and approve or adopt
association agreements;

(l) consider and adopt texts of amendments to this Treaty;

(m) consider and approve modifications of and technical changes to the
Annexes to this Treaty;

(n) appoint the Secretary-General and take all decisions necessary for the
establishment and functioning of the Secretariat including the structure, staff
levels and standard terms of employment of officials and employees.

(4) In the performance of its duties, the Charter Conference, through the
Secretariat, shall cooperate with and make as full a use as possible,
consistently with economy and efficiency, of the services and programmes of
other institutions and organizations with established competence in matters
related to the objectives of this Treaty.

(5) The Charter Conference may establish such subsidiary bodies as it considers
appropriate for the performance of its duties.

(6) The Charter Conference shall consider and adopt rules of procedure and
financial rules.

(7) In 1999 and thereafter at intervals (of not more than five years) to be
determined by the Charter Conference, the Charter Conference shall thoroughly
review the functions provided for in this Treaty in the light of the extent to
which the provisions of the Treaty and Protocols have been implemented. At the
conclusion of each review the Charter Conference may amend or abolish the
functions specified in paragraph (3) and may discharge the Secretariat.

 

Author: international

Mentioned in these Entries

European Energy Charter, International Organizations.