European Energy Charter

 

ARTICLE 35

SECRETARIAT

(1) In carrying out its duties, the Charter Conference shall have a Secretariat
which shall be composed of a Secretary-General and such staff as are the minimum
consistent with efficient performance.

(2) The Secretary-General shall be appointed by the Charter Conference. The
first such appointment shall be for a maximum period of five years.

(3) In the performance of its duties the Secretariat shall be responsible to and
report to the Charter Conference.

(4) The Secretariat shall provide the Charter Conference with all necessary
assistance for the performance of its duties and shall carry out the functions assigned to it in this Treaty or in any Protocol and any other functions assigned to it by the Charter Conference.

(5) The Secretariat may enter into such administrative and contractual
arrangements as may be required for the effective discharge of its functions.

ARTICLE 36

VOTING

(1) Unanimity of the Contracting Parties Present and Voting at the meeting of
the Charter Conference where such matters fall to be decided shall be required
for decisions by the Charter Conference to:

(a) adopt amendments to this Treaty other than amendments to Articles 34 and
35 and Annex T;

(b) approve accessions to this Treaty under Article 41 by states or Regional
Economic Integration Organizations which were not signatories to the Charter as
of 16 June 1995;

(c) authorize the negotiation of and approve or adopt the text of association
agreements;

(d) approve modifications to Annexes EM, NI, G and B;

(e) approve technical changes to the Annexes to this Treaty; and

(f) approve the Secretary-General’s nominations of panelists under Annex D,
paragraph (7).

The Contracting Parties shall make every effort to reach agreement by
consensus on any other matter requiring their decision under this Treaty. If
agreement cannot be reached by consensus, paragraphs (2) to (5) shall apply.

(2) Decisions on budgetary matters referred to in Article 34(3)(e) shall be
taken by a qualified majority of Contracting Parties whose assessed
contributions as specified in Annex B represent, in combination, at least
three-fourths of the total assessed contributions specified therein.

(3) Decisions on matters referred to in Article 34(7) shall be taken by a
three-fourths majority of the Contracting Parties.

(4) Except in cases specified in subparagraphs (1)(a) to (f), paragraphs (2) and
(3), and subject to paragraph (6), decisions provided for in this Treaty shall
be taken by a three-fourths majority of the Contracting Parties Present and
Voting at the meeting of the Charter Conference at which such matters fall to be
decided.

(5) For purposes of this Article, “Contracting Parties Present and Voting”means
Contracting Parties present and casting affirmative or negative votes, provided
that the Charter Conference may decide upon rules of procedure to enable such
decisions to be taken by Contracting Parties by correspondence.

(6) Except as provided in paragraph (2), no decision referred to in this Article
shall be valid unless it has the support of a simple majority of the Contracting
Parties.

(7) A Regional Economic Integration Organization shall, when voting, have a
number of votes equal to the number of its member states which are Contracting
Parties to this Treaty; provided that such an Organization shall not exercise
its right to vote if its member states exercise theirs, and vice versa.

(8) In the event of persistent arrears in a Contracting Party’s discharge of
financial obligations under this Treaty, the Charter Conference may suspend that
Contracting Party’s voting rights in whole or in part.

ARTICLE 37

FUNDING PRINCIPLES

(1) Each Contracting Party shall bear its own costs of representation at
meetings of the Charter Conference and any subsidiary bodies.

(2) The cost of meetings of the Charter Conference and any subsidiary bodies
shall be regarded as a cost of the Secretariat.

(3) The costs of the Secretariat shall be met by the Contracting Parties
assessed according to their capacity to pay, determined as specified in Annex B,
the provisions of which may be modified in accordance with Article 36(1)(d).

(4) A Protocol shall contain provisions to assure that any costs of the
Secretariat arising from that Protocol are borne by the parties thereto.

(5) The Charter Conference may in addition accept voluntary contributions from
one or more Contracting Parties or from other sources. Costs met from such
contributions shall not be considered costs of the Secretariat for the purposes
of paragraph (3).

PART VIII

FINAL PROVISIONS

ARTICLE 38

SIGNATURE

This Treaty shall be open for signature at Lisbon from 17 December 1994 to 16
June 1995 by the states and Regional Economic Integration Organizations which
have signed the Charter.

ARTICLE 39

RATIFICATION, ACCEPTANCE OR APPROVAL
This Treaty shall be subject to ratification, acceptance or approval by
signatories. Instruments of ratification, acceptance or approval shall be
deposited with the Depositary.

ARTICLE 40

APPLICATION TO TERRITORIES

(1) Any state or Regional Economic Integration Organization may at the time of
signature, ratification, acceptance, approval or accession, by a declaration
deposited with the Depositary, declare that the Treaty shall be binding upon it
with respect to all the territories for the international relations of which it
is responsible, or to one or more of them. Such declaration shall take effect
at the time the Treaty enters into force for that Contracting Party.

(2) Any Contracting Party may at a later date, by a declaration deposited with
the Depositary, bind itself under this Treaty with respect to other territory
specified in the declaration. In respect of such territory the Treaty shall
enter into force on the ninetieth day following the receipt by the Depositary of
such declaration.

(3) Any declaration made under the two preceding paragraphs may, in respect of
any territory specified in such declaration, be withdrawn by a notification to
the Depositary. The withdrawal shall, subject to the applicability of Article
47(3), become effective upon the expiry of one year after the date of receipt of
such notification by the Depositary.

(4) The definition of “Area”in Article 1(10) shall be construed having regard
to any declaration deposited under this Article.

ARTICLE 41

ACCESSION

This Treaty shall be open for accession, from the date on which the Treaty is
closed for signature, by states and Regional Economic Integration Organizations
which have signed the Charter, on terms to be approved by the Charter
Conference. The instruments of accession shall be deposited with the
Depositary.

 

Author: international

Mentioned in these Entries

European Energy Charter.