(1) Any Contracting Party may propose amendments to this Treaty.
(2) The text of any proposed amendment to this Treaty shall be communicated to
the Contracting Parties by the Secretariat at least three months before the date
on which it is proposed for adoption by the Charter Conference.
(3) Amendments to this Treaty, 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. (4) Instruments of ratification, acceptance or approval of amendments to this
Treaty shall be deposited with the Depositary. Amendments shall enter into
force between Contracting Parties having ratified, accepted or approved them on
the ninetieth 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 ninetieth day after that Contracting Party deposits its instrument of ratification, acceptance or approval of the amendments.
(1) The Charter Conference may authorize the negotiation of association
agreements with states or Regional Economic Integration Organizations, or with
International Organizations , in order to pursue the objectives and principles of
the Charter and the provisions of this Treaty or one or more Protocols.
(2) The relationship established with and the rights enjoyed and obligations
incurred by an associating state, Regional Economic Integration Organization, or
international organization shall be appropriate to the particular circumstances
of the association, and in each case shall be set out in the association
ENTRY INTO FORCE
(1) This Treaty shall enter into force on the ninetieth day after the date of
deposit of the thirtieth 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 as of 16 June 1995.
(2) For each state or Regional Economic Integration Organization which ratifies,
accepts or approves this Treaty or accedes thereto after the deposit of the
thirtieth instrument of ratification, acceptance or approval, it shall enter
into force on the ninetieth day after the date of deposit by such state or
Regional Economic Integration Organization of its instrument of ratification,
acceptance, approval or accession.
(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.
(1) Each signatory agrees to apply this Treaty provisionally pending its entry
into force for such signatory in accordance with Article 44, to the extent that
such provisional application is not inconsistent with its constitution, laws or
(2) (a) Notwithstanding paragraph (1) any signatory may, when signing, deliver
to the Depositary a declaration that it is not able to accept provisional
application. The obligation contained in paragraph (1) shall not apply to a
signatory making such a declaration. Any such signatory may at any time
withdraw that declaration by written notification to the Depositary.
(b) Neither a signatory which makes a declaration in accordance with
subparagraph (a) nor Investors of that signatory may claim the benefits of
provisional application under paragraph (1).
(c) Notwithstanding subparagraph (a), any signatory making a declaration
referred to in subparagraph (a) shall apply Part VII provisionally pending the
entry into force of the Treaty for such signatory in accordance with Article 44,
to the extent that such provisional application is not inconsistent with its
laws or regulations.
(3) (a) Any signatory may terminate its provisional application of this Treaty
by written notification to the Depositary of its intention not to become a
Contracting Party to the Treaty. Termination of provisional application for any
signatory shall take effect upon the expiration of 60 days from the date on
which such signatory’s written notification is received by the Depositary.
(b) In the event that a signatory terminates provisional application under
subparagraph (a), the obligation of the signatory under paragraph (1) to apply
Parts III and V with respect to any Investments made in its Area during
such provisional application by Investors of other signatories shall
nevertheless remain in effect with respect to those Investments for twenty years
following the effective date of termination, except as otherwise provided in
(c) Subparagraph (b) shall not apply to any signatory listed in Annex PA. A
signatory shall be removed from the list in Annex PA effective upon delivery to
the Depositary of its request therefor.
(4) Pending the entry into force of this Treaty the signatories shall meet
periodically in the provisional Charter Conference, the first meeting of which
shall be convened by the provisional Secretariat referred to in paragraph (5)
not later than 180 days after the opening date for signature of the Treaty as
specified in Article 38.
(5) The functions of the Secretariat shall be carried out on an interim basis by
a provisional Secretariat until the entry into force of this Treaty pursuant to
Article 44 and the establishment of a Secretariat.
(6) The signatories shall, in accordance with and subject to the provisions of
paragraph (1) or subparagraph (2)(c) as appropriate, contribute to the costs of
the provisional Secretariat as if the signatories were Contracting Parties under
Article 37(3). Any modifications made to Annex B by the signatories shall
terminate upon the entry into force of this Treaty.
(7) A state or Regional Economic Integration Organization which, prior to this
Treaty’s entry into force, accedes to the Treaty in accordance with Article 41
shall, pending the Treaty’s entry into force, have the rights and assume the
obligations of a signatory under this Article.
No reservations may be made to this Treaty.
(1) At any time after five years from the date on which this Treaty has entered
into force for a Contracting Party, that Contracting Party may give written
notification to the Depositary of its withdrawal from the Treaty.
(2) Any such withdrawal shall take effect upon the expiry of one year after the
date of the receipt of the notification by the Depositary, or on such later date
as may be specified in the notification of withdrawal.
(3) The provisions of this Treaty shall continue to apply to Investments made in
the Area of a Contracting Party by Investors of other Contracting Parties or in
the Area of other Contracting Parties by Investors of that Contracting Party as
of the date when that Contracting Party’s withdrawal from the Treaty takes
effect for a period of 20 years from such date.
(4) All Protocols to which a Contracting Party is party shall cease to be in
force for that Contracting Party on the effective date of its withdrawal from
STATUS OF ANNEXES AND DECISIONS
The Annexes to this Treaty and the Decisions set out in Annex 2 to the Final Act
of the European Energy Charter Conference signed at Lisbon on 17 December 1994
are integral parts of the Treaty.
The Government of the Portuguese Republic shall be the Depositary of this
In witness whereof the undersigned, being duly authorized to that effect, have
signed this Treaty 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.
Done at Lisbon on the seventeenth day of December in the year one thousandnine hundred and ninety-four.
References and Further Reading
About the Author/s and Reviewer/s