European Energy Charter

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European Energy Charter

 

PART I

DEFINITIONS AND PURPOSE

ARTICLE 1

DEFINITIONS

As used in this Treaty:

(1) “Charter”means the European Energy Charter adopted in the Concluding
Document of the Hague Conference on the European Energy Charter signed at The
Hague on 17 December 1991; signature of the Concluding Document is considered
to be signature of the Charter.

(2) “Contracting Party” means a state or Regional Economic Integration
Organization which has consented to be bound by this Treaty and for which the
Treaty is in force.

(3) “Regional Economic Integration Organization”means an organization
constituted by states to which they have transferred competence over certain
matters a number of which are governed by this Treaty, including the authority
to take decisions binding on them in respect of those matters.

(4) “Energy Materials and Products”, based on the Harmonized System of the
Customs Cooperation Council and the Combined Nomenclature of the European
Communities, means the items included in Annex EM.

(5) “Economic Activity in the Energy Sector”means an economic activity
concerning the exploration, extraction, refining, production, storage, land
transport, transmission, distribution, trade, marketing, or sale of Energy
Materials and Products except those included in Annex NI, or concerning the
distribution of heat to multiple premises.

(6) “Investment”means every kind of asset, owned or controlled directly or
indirectly by an Investor and includes:

(a) tangible and intangible, and movable and immovable, property, and any
property rights such as leases, mortgages, liens, and pledges;

(b) a company or business enterprise, or shares, stock, or other forms of
equity participation in a company or business enterprise, and bonds and other
debt of a company or business enterprise;

(c) claims to money and claims to performance pursuant to contract having an
economic value and associated with an Investment;

(d) Intellectual Property;

(e) Returns;

(f) any right conferred by law or contract or by virtue of any licences and
permits granted pursuant to law to undertake any Economic Activity in the Energy
Sector.

A change in the form in which assets are invested does not affect their
character as investments and the term “Investment”includes all investments,
whether existing at or made after the later of the date of entry into force of
this Treaty for the Contracting Party of the Investor making the investment and
that for the Contracting Party in the Area of which the investment is made
(hereinafter referred to as the “Effective Date”) provided that the Treaty shall
only apply to matters affecting such investments after the Effective Date.

“Investment”refers to any investment associated with an Economic Activity in
the Energy Sector and to investments or classes of investments designated by a
Contracting Party in its Area as “Charter efficiency projects”and so notified
to the Secretariat.
(7) “Investor”means:

(a) with respect to a Contracting Party:

(i) a natural person having the citizenship or nationality of or who is
permanently residing in that Contracting Party in accordance with its applicable
law;

(ii) a company or other organization organized in accordance with the
law applicable in that Contracting Party;

(b) with respect to a “third state”, a natural person, company or other
organization which fulfils, mutatis mutandis, the conditions specified in
subparagraph (a) for a Contracting Party.

(8) “Make Investments”or “Making of Investments”means establishing new
Investments, acquiring all or part of existing Investments or moving into
different fields of Investment activity.

(9) “Returns”means the amounts derived from or associated with an Investment,
irrespective of the form in which they are paid, including profits, dividends,
interest, capital gains, royalty payments, management, technical assistance or
other fees and payments in kind.

(10) “Area”means with respect to a state that is a Contracting Party:

(a) the territory under its sovereignty, it being understood that territory
includes land, internal waters and the territorial sea; and

(b) subject to and in accordance with the international law of the sea: the
sea, sea-bed and its subsoil with regard to which that Contracting Party
exercises sovereign rights and jurisdiction.

With respect to a Regional Economic Integration Organization which is a
Contracting Party, Area means the Areas of the member states of such
Organization, under the provisions contained in the agreement establishing that
Organization.

(11) (a) “GATT”means “GATT 1947″or “GATT 1994”, or both of them where both are
applicable.

(b) “GATT 1947″means the General Agreement on Tariffs and Trade , dated 30
October 1947, annexed to the Final Act Adopted at the Conclusion of the Second
Session of the Preparatory Committee of the United Nations Conference on Trade
and Employment, as subsequently rectified, amended or modified.

(c) “GATT 1994″means the General Agreement on Tariffs and Trade as specified
in Annex 1A of the Agreement Establishing the World Trade Organization, as
subsequently rectified, amended or modified.

A party to the Agreement Establishing the World Trade Organization is
considered to be a party to GATT 1994.
(d) “Related Instruments”means, as appropriate:

(i) agreements, arrangements or other legal instruments, including decisions,
declarations and understandings, concluded under the auspices of GATT 1947 as
subsequently rectified, amended or modified; or

(ii) the Agreement Establishing the World Trade Organization including its
Annex 1 (except GATT 1994), its Annexes 2, 3 and 4, and the decisions,
declarations and understandings related thereto, as subsequently rectified,
amended or modified.

(12) “Intellectual Property” includes copyrights and related rights, trademarks,
geographical indications, industrial designs, Patents , layout designs of
integrated circuits and the protection of undisclosed information.

(13) (a) “Energy Charter Protocol”or “Protocol”means a treaty, the negotiation
of which is authorized and the text of which is adopted by the Charter
Conference, which is entered into by two or more Contracting Parties in order to
complement, supplement, extend or amplify the provisions of this Treaty with
respect to any specific sector or category of activity within the scope of this
Treaty, or to areas of cooperation pursuant to Title III of the Charter.

(b) “Energy Charter Declaration”or “Declaration”means a non-binding
instrument, the negotiation of which is authorized and the text of which is
approved by the Charter Conference, which is entered into by two or more
Contracting Parties to complement or supplement the provisions of this Treaty.

(14) “Freely Convertible Currency” means a currency which is widely traded in
international foreign exchange markets and widely used in international
transactions.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

European Energy Charter 10, European Energy Charter 11, European Energy Charter 12, European Energy Charter 2, European Energy Charter 3, European Energy Charter 4, European Energy Charter 5, European Energy Charter 6, European Energy Charter 7, European Energy Charter 8, European Energy Charter 9, General Agreement on Tariffs and Trade, International Conventions from 1991, Other Environmental conventions, Patents.

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See also

  • International Commission for the Northwest Atlantic Fisheries
  • ICNAF
  • NAFO
  • Northwest Atlantic Fisheries Organisation

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