European Energy Charter 5

European Energy Charter

 

ARTICLE 2

PURPOSE OF THE TREATY

This Treaty establishes a legal framework in order to promote long-term
cooperation in the energy field, based on complementarities and mutual benefits,
in accordance with the objectives and principles of the Charter.

PART II

COMMERCE

ARTICLE 3

INTERNATIONAL MARKETS

The Contracting Parties shall work to promote access to international markets on
commercial terms, and generally to develop an open and competitive market, for
Energy Materials and Products.

ARTICLE 4 NON-DEROGATION FROM GATT AND RELATED INSTRUMENTS

Nothing in this Treaty shall derogate, as between particular Contracting Parties
which are parties to the GATT, from the provisions of the GATT and Related
Instruments as they are applied between those Contracting Parties.

ARTICLE 5

TRADE-RELATED INVESTMENT MEASURES

(1) A Contracting Party shall not apply any trade-related investment measure
that is inconsistent with the provisions of article III or XI of the GATT; this
shall be without prejudice to the Contracting Party’s rights and obligations
under the GATT and Related Instruments and Article 29.

(2) Such measures include any investment measure which is mandatory or
enforceable under domestic law or under any administrative ruling, or compliance
with which is necessary to obtain an advantage, and which requires:

(a) the purchase or use by an enterprise of products of domestic original or
from any domestic source, whether specified in terms of particular products, in
terms of volume or value of products, or in terms of a proportion of volume or
value of its local production; or

(b) that an enterprise’s purchase or use of imported products be limited to
an amount related to the volume or value of local products that it exports;

or which restricts:

(c) the importation by an enterprise of products used in or related to its
local production, generally or to an amount related to the volume or value of
local production that it exports;

(d) the importation by an enterprise of products used in or related to its
local production by restricting its access to foreign exchange to an amount
related to the foreign exchange inflows attributable to the enterprise; or

(e) the exportation or sale for export by an enterprise of products, whether
specified in terms of particular products, in terms of volume or value of
products, or in terms of a proportion of volume or value of its local
production.

(3) Nothing in paragraph (1) shall be construed to prevent a
Contracting Party from applying the trade-related investment measures described
in subparagraphs (2)(a) and (c) as a condition of eligibility for export
promotion, foreign aid, government procurement or preferential tariff or quota
programmes.

(4) Notwithstanding paragraph (1), a Contracting Party may temporarily continue
to maintain trade-related investment measures which were in effect more than 180
days before its signature of this Treaty, subject to the notification and
phase-out provisions set out in Annex TRM.
ARTICLE 6

COMPETITION

(1) Each Contracting Party shall work to alleviate market distortions and
barriers to competition in Economic Activity in the Energy Sector.

(2) Each Contracting Party shall ensure that within its jurisdiction it has and
enforces such laws as are necessary and appropriate to address unilateral and
concerted anti-competitive conduct in Economic Activity in the Energy Sector.

(3) Contracting Parties with experience in applying competition rules shall give
full consideration to providing, upon request and within available resources,
technical assistance on the development and implementation of competition rules
to other Contracting Parties.

(4) Contracting Parties may cooperate in the enforcement of their competition
rules by consulting and exchanging information.

(5) If a Contracting Party considers that any specified anti-competitive conduct
carried out within the Area of another Contracting Party is adversely affecting
an important interest relevant to the purposes identified in this Article, the
Contracting Party may notify the other Contracting Party and may request that
its competition authorities initiate appropriate enforcement action. The
notifying Contracting Party shall include in such notification sufficient
information to permit the notified Contracting Party to identify the
anti-competitive conduct that is the subject of the notification and shall
include an offer of such further information and cooperation as the notifying
Contracting Party is able to provide. The notified Contracting Party or, as the
case may be, the relevant competition authorities may consult with the
competition authorities of the notifying Contracting Party and shall accord full
consideration to the request of the notifying Contracting Party in deciding
whether or not to initiate enforcement action with respect to the alleged
anti-competitive conduct identified in the notification. The notified
Contracting Party shall inform the notifying Contracting Party of its decision
or the decision of the relevant competition authorities and may if it wishes
inform the notifying Contracting Party of the grounds for the decision. If
enforcement action is initiated, the notified Contracting Party shall advise the
notifying Contracting Party of its outcome and, to the extent possible, of any
significant interim development.

(6) Nothing in this Article shall require the provision of information by a
Contracting Party contrary to its laws regarding disclosure of information,
confidentiality or business secrecy.

(7) The procedures set forth in paragraph (5) and Article 27(1) shall be the
exclusive means within this Treaty of resolving any disputes that may arise over
the implementation or interpretation of this Article.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

European Energy Charter.


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