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Consolidated Energy Charter Treaty THE INTERNATIONAL ENERGY CHARTER ENERGY | CONSOLIDATED CHARTER TREATY | WITH RELATED DOCUMENTS Energy Charter Secretariat THE INTERNATIONAL ENERGY CHARTER 2015 CONSOLIDATED ENERGY CHARTER TREATY with Related Documents Energy Charter Secretariat Boulevard de la Woluwe, 56 B-1200 Brussels, Belgium Tel.: +32 2 775 98 00 Fax: +32 2 775 98 01 Email: [email protected] www.energycharter.org THE INTERNATIONAL ENERGY CHARTER CONSOLIDATED ENERGY CHARTER TREATY with Related Documents Last Updated: 15 January 2016 FOREWORD The Energy Charter Treaty is a unique instrument for the promotion of international cooperation in the energy sector. The Treaty, which entered into force on 16 April 1998, and its related documents, all set out in a consolidated version in this booklet, provide an important legal and political basis for the creation of an open international energy market. The Treaty was preceded by a political declaration, the European Energy Charter adopted in The Hague on 17 December 1991. The European Energy Charter contained a commitment to negotiate in good faith a legally binding Energy Charter Treaty and Protocols. The International Energy Charter is a further political declaration adopted and signed in The Hague on 20 May 2015. This more recent political declaration reflects global modern energy challenges and maps out common principles and areas of international cooperation in the field of energy for the 21st Century. As a result of the increased interest by the international community the Energy Charter Process has expanded to involve over 90 states from all continents. For many years the primary focus of the Contracting Parties was to ensure full implementation of the Treaty’s commitments. This entailed increased multilateral cooperation over transit, trade, investments, dispute resolution and energy efficiency. As global energy markets evolved, modernisation of the Energy Charter Process became a major objective for the Energy Charter constituency. Today there is a focus on the geographical expansion of the Energy Charter Treaty. The Treaty is open for accession by all countries and Regional Economic Integration Organisations (REIOs) committed to the observance of its principles of open and non-discriminatory energy markets. Several countries are today engaged in the accession process to the Treaty. Up-to-date information on the Energy Charter and its membership can be found at http://www.energycharter.org/. There is recognition by all of the need to ensure that the Energy Charter Process continues to build on its core principles while adapting to new challenges. The Energy Charter stands ready to play a key role in international energy governance in the 21st Century. Dr. Urban Rusnák Secretary General Energy Charter Secretariat 15 January 2016 2 Table of Contents1 FOREWORD ................................................................................................................................................. 2 EXPLANATORY NOTE .................................................................................................................................. 8 CONCLUDING DOCUMENT OF THE MINISTERIAL (“THE HAGUE II”) CONFERENCE ON THE INTERNATIONAL ENERGY CHARTER ......................................................................................................... 9 INTERNATIONAL ENERGY CHARTER ...........................................................................................10 Title I: Objectives ................................................................................................................................. 13 Title II: Implementation .....................................................................................................................16 Title III: Specific Agreements ...........................................................................................................20 Title IV: Final Provisions .....................................................................................................................21 ANNEX: OUTCOME DOCUMENTS OF ENERGY-RELATED REGIONAL AND INTERNATIONAL CONFERENCES AND OTHER EVENTS AS WELL AS INITIATIVES REFERRED TO ON PAGE 2 ................22 CONCLUDING DOCUMENT OF THE HAGUE CONFERENCE ON THE EUROPEAN ENERGY CHARTER ....26 EUROPEAN ENERGY CHARTER......................................................................................................27 Title I: Objectives .................................................................................................................................29 Title II: Implementation ..................................................................................................................... 31 Title III: Specific Agreements ...........................................................................................................34 Title IV: Final Provisions .....................................................................................................................35 THE ENERGY CHARTER TREATY...............................................................................................................37 Part I: Definitions and Purpose .......................................................................................................39 Article 1: Definitions.........................................................................................................................39 Article 2: Purpose of the Treaty .....................................................................................................44 Part II: Commerce ................................................................................................................................44 Article 3: International Markets .....................................................................................................44 1 Numbered footnotes to this publication are editorial and must not be taken as part of any official document or as an interpretation of any provision therein. 3 Article 4: Non-Derogation from WTO Agreement ...................................................................44 Article 5: Trade-Related Investment Measures .........................................................................45 Article 6: Competition .....................................................................................................................46 Article 7: Transit .................................................................................................................................48 Article 8: Transfer of Technology ..................................................................................................51 Article 9: Access to Capital .............................................................................................................52 Part III: Investment Promotion and Protection .........................................................................53 Article 10: Promotion, Protection and Treatment of Investments .......................................53 Article 11: Key Personnel .................................................................................................................59 Article 12: Compensation for Losses ...........................................................................................59 Article 13: Expropriation .................................................................................................................60 Article 14: Transfers Related to Investments .............................................................................60 Article 15: Subrogation ...................................................................................................................64 Article 16: Relation to Other Agreements ..................................................................................65 Article 17: Non-Application of Part III in Certain Circumstances ..........................................65 Part IV: Miscellaneous Provisions ...................................................................................................66 Article 18: Sovereignty over Energy Resources ........................................................................66 Article 19: Environmental Aspects ...............................................................................................67 Article 20: Transparency .................................................................................................................69 Article 21: Taxation ...........................................................................................................................70 Article 22: State and Privileged Enterprises ...............................................................................72 Article 23: Observance by Sub-National Authorities ..............................................................73 Article 24: Exceptions ...................................................................................................................... 74 Article 25: Economic Integration Agreements ..........................................................................76 Part V: Dispute Settlement ...............................................................................................................77 Article 26: Settlement of Disputes between an Investor and a Contracting Party .........78 Article 27: Settlement of Disputes between Contracting Parties ........................................81 Article 28: Non-Application of Article 27 to Certain Disputes ..............................................83 Part
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